Chapter 430   ZONING AND LAND DEVELOPMENT

 

ARTICLE I

Title and Purpose

 

§ 430-1.   Title.

§ 430-2.   Intent; purpose.

 

 

ARTICLE II

Definitions

 

§ 430-3.   Other applicable definitions.

§ 430-4.   Word usage.

§ 430-5.   Terms defined.

 

 

ARTICLE III

Zoning Districts and Regulations

 

§ 430-6.   Zoning districts.

§ 430-7.   Official Zoning Map; Official Land Use Map.

§ 430-8.   Interpretation of zoning district boundaries.

§ 430-9.   Schedule of Area, Yard and Building Requirements.

§ 430-10. Effect of establishment of zoning districts.

§ 430-11. Description of zoning districts.

§ 430-12. Purpose of residential districts.

§ 430-13. R-60 Residential Zone.

§ 430-14. R-50 Residential Zone.

§ 430-15. R-25 Residential Zone.

§ 430-16. R-M Residential Zone.

§ 430-17. H Hospital Zone.

§ 430-18. C-1 Neighborhood Business Zone.

§ 430-10. C-2 Central Business Zone.

§ 430-20. C-3 Highway Commercial Zone.

§ 430-21. M-1 Light Industrial Zone.

§ 430-22. M-2 Heavy Industrial Zone.

§ 430-23. M-3 Heavy Industrial Zone.

 

 

ARTICLE IV

Planning Board and Zoning Board of Adjustment

 

§ 430-24. Conflicts of Interest.

§ 430-25. Establishment of Planning Board.

§ 430-26. Establishment of Zoning Board of Adjustment.

§ 430-27. Application procedure.

§ 430-28. Completeness review.

§ 430-29. Staff review of applications.

§ 430-30. Meetings.

§ 430-31. Minutes.

§ 430-32. Fees and documents.

§ 430-33. Hearings.

§ 430-34. Notice requirements for hearings.

§ 430-35. List of property owners furnished.

§ 430-36. Decisions; appeals.

§ 430-37. Conditional approval.

§ 430-38. Tolling of running period of approval.

§ 430-39. Certificates of occupancy; permits.

§ 430-40. Records.

§ 430-41. Application of regulations.

§ 430-42. Conditioned approvals.

§ 430-43. Board action.

§ 430-44. Informal review.

§ 430-45. Issuance of development permit.

§ 430-46. Variance applications.

§ 430-47. Waivers.

 

 

ARTICLE V

Plat Details

 

§ 430-48. Minor subdivisions.

§ 430-49. Minor site plans.

§ 430-50. Preliminary plat of major subdivision.

§ 430-51. Preliminary plat of major site plan.

§ 430-52. Final plat of major subdivision.

§ 430-53. Final plat of major site plan.

 

 

ARTICLE VI

Fees and Escrow Amounts

 

§ 430-54. Fees and escrow amounts established.

 

 

ARTICLE VII

Nonconforming Uses and Structures

 

§ 430-55. Nonconforming uses, structures or lots.

§ 430-56. General regulations and interpretations.

§ 430-57. Existing Isolated lots.

 

 

ARTICLE VIII

Conditional Uses

 

§430-58.  Guiding principles; general provisions.

 

 

ARTICLE IX

Performance Standards

 

§ 430-59. General requirements.

§ 430-60. Specific requirements.

 

 

ARTICLE X

Parking

 

§ 430-61. General provisions.

 

 

ARTICLE XI

Signs

 

§ 430-62. Sign regulations.

 

 

ARTICLE XII

Design Standards and Improvement Specifications

 

§ 430-63. General improvement standards.

§ 430-64. General design standards.

§ 430-65. Blocks.

§ 430-66. Clearing and grading.

§ 430-67. Concrete requirements.

§ 430-68. Curbs and gutters.

§ 430-69. Easements.

§ 430-70. Fire hydrants.

§ 430-71. Guardrails.

§ 430-72. Lighting.

§ 430-73. Lots.

§ 430-74. Monuments and iron stakes.

§ 430-75. Roadway construction.

§ 430-76. Sewage disposal

§ 430-77. Sidewalks and aprons.

§ 430-78. Soil erosion and sediment control.

§ 430-79. Storm drainage facilities.

§ 430-80. Storm drainage calculation criteria.

§ 430-81. Street design and construction.

§ 430-82. Street excavation permits.

§ 430-83. Streetlighting

§ 430-84. Street signs.

§ 430-85. Street trees.

§ 430-86. Traffic control devices.

§ 430-87. Utilities.

§ 430-88. Water supply.

§ 430-89. Wetlands permit.

§ 430-90. Floodplain management.

§ 430-91. Performance standards.

 

 

ARTICLE XIII

Guaranties and Improvement Procedures

 

§ 430-92. Performance guaranty.

§ 430-93. Approval of performance guaranties.

§ 430-94. Off-tract improvements.

§ 430-95. Assignment of interest.

§ 430-96. Supervision of work.

§ 430-97. Inspection requirements.

§ 430-98. Site maintenance during construction.

§ 430-99. Improvements required prior to issuance of certificate of occupancy.

§ 430-100.       Maintenance guaranty.

 

 

ARTICLE XIV

Compliance, Penalties and Enforcement

 

§ 430-101.       Compliance; enforcement.

§ 430-102.       Inspections; right-of-entry; notice of violation.

§ 430-103.       Building permits required.

§ 430-104.       Certificate of zoning compliance.

§ 430-105.       Effect of permits issued prior to enactment of provisions.

§ 430-106.       Expiration of variances.

§ 430-107.       Uses exempt from provisions.

§ 430-108. Complaints of violation.

§ 430-109. Violations and penalties.

 

ARTICLE XV

General Development Plan Checklist

 

§ 430-110. Contents.

§ 430-111. Plat specifications.

§ 430-112. General information.

§ 430-113. Natural features.

§ 430-114. Man-made features.

§ 430-115. General development plans.

 

ARTICLE XVI

General Development Plan Administration

 

§ 430-116. Submission of plan.

§ 430-117. Findings required prior to approval of plan.

§ 430-118. Plan approval procedure.

§ 430-119. Duration of plan approval.

§ 430-120. Plan contents.

§ 430-121. Procedure for plan submittal and review.

§ 430-122. Public hearings; approval time period.

§ 430-123. Modification of proposed timing schedule.

§ 430-124. Modification of general development plan.

§ 430-125. Notice of completion of development; time limit; failure to comply.

               Bulk Schedule

               Land Use Map

 

 

ARTICLE I   Title and Purpose

 

 

§ 430-1.   Title.

   This chapter shall be known and cited as the "1993 Land Development Ordinance of the City of Perth Amboy, New Jersey."

 

 

§ 430-2.   Intent; purpose.

   There is hereby ordained by the Mayor and Council of the City of Perth Amboy, New Jersey, pursuant to the provisions of P.L. 1975, c. 291, as amended, c. 216 (N.J.S.A. 40:55D-1 et seq.), a land development chapter for the following purposes:

A.   To encourage city action to guide the appropriate use or development of all lands in this city, in a manner which will promote the public health, safety, morals and general welfare.

B.   To secure safety from fire, flood, panic and other natural and man-made disasters.

C.   To provide adequate light, air and open space.

D.   To limit and restrict buildings and structures to specified districts and regulate buildings and structures according to their type and the nature and extent of the use of land for trade, industry, residence, open space or other purposes.

E.   To regulate the bulk, height, number of stories and size of buildings and other structures.

F.   To ensure that the development of this city does not conflict with the development and general welfare of neighboring municipalities, Middlesex County and the state as a whole.

G.   To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, the community and the region and preservation of the environment.

H.   To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.

I. To provide sufficient space, in appropriate locations, for the variety of, residential, recreational, commercial, business, institutional and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all Perth Amboy residents.

J. To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight.

K.   To promote a desirable visual environment through creative development techniques and good civic design and arrangements.

L.   To promote the conservation of open space, historic sites and districts, energy resources and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land.

M.  To encourage planned unit development which incorporates the best features of design and relate the type, design and layout of residential, commercial and recreational development to the particular site.

N.   To encourage senior citizen community housing construction.

O.   To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.

P.   To promote utilization of renewable energy sources.

Q.   To promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the state recycling plan goals and to compliment municipal recycling programs.

 

 

ARTICLE II   Definitions

 

§ 430-3.   Other applicable definitions.

   Any word or term not defined shall be used with a meaning of standard usage for the context in which the word is used or shall be as defined in the Municipal Land Use Law, N.J.S.A. 40:55D-3 et seq.

 

 

§ 430-4.   Word usage.

   Certain words and terms used in this chapter are defined for the purpose thereof as follows: words used in the present tense include the future; singular numbers include the plural, and the plural include the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; and the term "such as," where used herein, shall be considered as introducing a typical or illustrative example, i.e., the designation of permitted or prohibited uses, activities, establishments or structures.

 

 

§ 430-5.   Terms defined.

   As used in this chapter, the following terms shall have the meanings indicated:

ABANDONMENT - The relinquishment of property, or a cessation of the use of property, by the owner with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property. "Abandonment" of a nonconforming use requires a discontinuance of the use and an intent to abandon demonstrated by an overt act.

ACCESSORY USE OR STRUCTURE - Either a subordinate building, other structure or tract of land or a subordinate building or other structure whose use is clearly incidental to the use of the principal building, other structure or use of land and which is customarily in connection with the principal building, other structure or use of land and which is located on the same zoning lot with the principal building, other structure or use of land. The area occupied by an accessory building shall be computed into the building area. The total area of the accessory buildings and main building shall not exceed the permitted building area. Accessory buildings shall conform to all requirements of the normal lot, except that the structure lines shall not be closer to the street side of the corner than the building line of the main building, or as specifically set forth in the Bulk Schedule set forth in this chapter. The "accessory use or structure" shall be subordinate in extent and/or purpose to the principal building or use served and shall contribute to the comfort, convenience or necessity of the occupants or purpose of the principal building or use served.

Editor. Note: The Bulk Schedule Is Included at the end of this chapter.

ADMINISTRATIVE OFFICER - The Zoning Officer, unless a different municipal official or officials are designated by ordinance or statute or salary guide to accept and agendize incoming applications and amendments and revisions thereto.

ADULT BOOKSTORE - An establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other films, tapes, periodicals or other media which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities.

ALTERATION or ALTER - A change, modification or rearrangement in structural parts or in existing facilities or an enlargement, whether by extension of a side or by an increase in height or by a move from one location or position to another; any conversion of a building or part thereof. "Alteration" shall mean to change the appearance of exterior elements of a structure or to change the materials used. A change in the exterior color of a structure shall be considered an "alteration" within the terms of this definition only with respect to properties with historic preservation potential and only if the change in color entails the application of paint to a surface which has not been painted before. Ordinary maintenance shall not be considered an "alteration" within this definition.

AMUSEMENT CENTER - A business establishment utilized, wholly or in part, for the accommodation of six (6) or more coin-operated amusement devices, machines, apparatuses, contrivances, appliances or devices which may be operated or played upon by the placement and depositing therein of any coin, check, slug, ball or any other article or device or by paying therefor, either in advance or after use, and operated by the public for use as a game, entertainment or amusement.

AMUSEMENT OR MECHANICAL DEVICE MACHINE - Includes devices such as marble machines, skillball, pinball, mechanical grab machines, machines or contrivances commonly known as "bagatelle," "baseball," "football," "hockey," "pool table," "target shooting," "shuffleboard" or "shuffle alley," "electronic video games," "miniature bowling machines" or any similarly named device or any device which utilizes an electronic display to reproduce symbolic figures and lines intended to be representative of real games or activities. Specifically excluded shall be any device, whether operated by coin or not, which merely provides a ride, sensation, electronic reading or weight for use by and to the amusement of the public or the dispensing or vending of merchandising or music or any mechanical or amusement device which is otherwise the subject of regulation and licensure of the City of Perth Amboy.

ANIMAL HOSPITAL - A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.

APPROVING BOARD - Either the Planning Board or Zoning Board of Adjustment, whichever Board has jurisdiction over the development application, unless a different agency is designated by ordinance when acting pursuant to the authority of this chapter.

AQUIFER - A subterranean bed or stratum of earth, gravel or porous stone that contains water and forms a natural reservoir of underground water.

ATTIC — That part of a building which is immediately below and wholly or partly within the roof framing and which is not a story or half story. (See "half story"). Refer to Section 430-60 GG for use limitations. [Amended 9-21-2005 by Ord. No. 1304-2005]

AUTOMOTIVE FILLING STATION — Any establishment servicing motor vehicles, including self-service, with fuel and oil, but not including repairs, changing of tires or any other replacement of accessory parts. [Added 9-21-2005 by Ord. No. 1304-2005]

AUTOMOTIVE GASOLINE STATION — [Repealed 9-21-2005 by Ord. No. 1304-2005]

AUTOMOTIVE REPAIR GARAGE — Any establishment servicing motor vehicles, including major repair services, vehicle parts sales, wrecker and hauling services, bodywork and painting and heavy repair requiring engine or drive train dismantling. Whenever trucks, buses, or heavy equipment is repaired, even for oil changes, lubrication, minor tune-ups, installation of batteries, tires, wiper blades and similar minor repairs, the establishment shall be considered an "automotive repair garage". [Amended 9-21-2005 by Ord. No. 1304-2005]

AUTOMOTIVE SALES AND SERVICE — Any establishment selling motor vehicles, new or used, and supplies and accessories and/or any establishment providing motor vehicle cleaning and washing services, minor repair facilities for passenger vehicles as defined under "Automotive Service Station", public garages, and other automotive related uses, including but not solely the storage of vehicles. [Amended 9-21-2005 by Ord. No. 1304-2005]

AUTOMOTIVE SERVICE STATION — Any establishment servicing passenger motor vehicles with gas, oil, lubrication services, lubricants, and other vehicle maintenance supplies and parts and equipment not requiring extensive or prolonged mechanical work for installation. Service work offered should be limited to towing, oil changes, lubrication, minor tune-ups, installation of batteries, tires, wiper blades and similar equipment, wheel balancing and alignment and the replacement of minor mechanical parts such as hoses, spark plugs, ignition wiring, points, alternators, water pumps, and similar parts not requiring engine and drive-train dismantling. [Amended 9-21-2005 by Ord. No. 1304-2005]

AWNING — A roof-like retractable or fixed canvas, fabric or vinyl covered frame that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. [Amended 9-21-2005 by Ord. No. 1304-2005]

BASEMENT — That portion of a building which is partly below and partly above average finished grade and having one-half (1/2) or more of its height above average finished grade, the floor of which is not less than three (3) feet below finished grade at any point around the building. Basements shall be considered a half story. Refer to Section 430-60 GG for use limitations. [Amended 9-21-2005 by Ord. No. 1304-2005]

BILLBOARD. See SIGN, BILLBOARD. [Amended 9-21-2005 by Ord. No. 1304-2005]

BOARDING- OR ROOMING HOUSE — Any building, together with any related structure, accessory building and land appurtenant thereto and any part thereof, which contains two (2) or more units of dwelling space arranged or intended for single-room occupancy, exclusive of any such unit occupied by an owner or operator, and wherein personal or financial services are provided to the residents, including any residential hotel or congregate living arrangement, but excluding any hotel or motel or established guesthouse wherein a minimum of eighty-five percent (85%) of the units of dwelling space are offered for limited tenure only, any foster home as defined in Section 1 of P.L. 1962, c. 137 (N.J.S.A. 30:4C-26.1), any community residence for the developmentally disabled as defined in Section 2 of P.L. 1977, c. 488 (N.J.S.A. 30:11B-1 et seq.) or any dormitory owned or operated on behalf of any nonprofit institution of primary, secondary or higher education for the use of its students.

BOARD OF ADJUSTMENT — The Board of Adjustment of the municipality, established pursuant to N.J.S.A. 40:55D-69 et seq.

BUFFER — An area consisting of trees, shrubs, solid fencing, earth berms or a combination thereof so installed as to provide both a visual and an acoustical barrier between properties. Solid fencing may be substituted to meet only part of the requirement and must be supplemented with planting to soften the appearance.

BUFFER AREA — An area in which no building, parking area, driveway (except to provide access to property), street, sign (except a traffic directional sign) or storage of materials shall be permitted and which shall consist of a dense and continuous landscaped screening area, planted and maintained, containing fences, massed trees and shrubs of such species and size as will produce a sufficient density to obscure or confine throughout all seasons automobile headlight glare, site noise, windblown debris and other typical and frequent nuisance problems, as well as create an aesthetically pleasing and attractive view to mask or obscure the use, function or structure located upon the site.

BUILDING — Any structure built or used for the support, shelter or enclosure of persons, animals chattels or movable property of any kind which is permanently or temporarily affixed to the land and having a roof supported by columns, piers or walls, or having other supports, and any unroofed platform, terrace or porch having a vertical face higher than three (3) feet above the level of the ground from which the height of the building is measured.

BUILDING AREA — The total of areas of outside dimensions on a horizontal plane at ground level of the principal building and all accessory buildings, exclusive of unroofed porches, terraces or steps having a vertical face of less than three (3) feet above the level of the ground from which the height of the building is measured.

BUILDING HEIGHT — The vertical distance measured from the lowest elevation of the proposed finished grade at the front of the building to the highest point of ceiling of the top story in the case of a flat roof; to the deckline of a mansard roof, and to the average height of a gable, hip or gambrel roof. The building height shall not include church steeples, elevator shafts, emergency exits, chimneys, or roof-mounted equipment, subject to special conditions of Section 430-60 II. If a building has primary entrances on more than one (1) street, the elevation shall be measured from the lowest elevation along the building frontage. [Amended 9-21-2005 by Ord. No. 1304-2005]

BUILDING LINE — A line formed by the intersection of a horizontal plane at the average grade level and a vertical plane that coincides with the exterior surface of the building on any side. In case of a cantilevered or projected section of a building, the vertical plane will coincide with the most projected surface. All yard requirements are measured to the "building line."

BUILDING, PRINCIPAL — A building in which is conducted the main or principal use of the lot on which said building is situated.

BULK — The term used to describe the size and mutual relationships of buildings and other structures, and therefore includes:

A.     The size of buildings and other structures.

B.     The shape of buildings and other structures.

C.     The location of exterior walls of buildings and other structures in relation to lot lines, to the center line of streets, to other walls of the same building and to other buildings or structures.

D.    All open spaces relating to a building or structure.

BULKHEAD — A retaining wall created along a body of water behind which fill is placed.

BUSINESS OFFICE — A room or group of rooms used primarily for conducting the affairs or purpose of profit or improvement of an occupation, nonprofessional, service or nontradesman activity on a fee or contract basis.

BUS TERMINAL OR STATION — Any premises for the transient housing or parking of motor-driven buses and the loading and unloading of passengers.

CALIPER — The diameter of a tree trunk measured in inches and measured twenty-four (24) inches above ground level for all trees.

CARTWAY — The section of a street, road or highway or right-of-way located between the curblines which is normally used by vehicular-type traffic, commonly known as the "paved areas" of the street.

CAR WASH (AUTO LAUNDRY) — A building or structure, or portion thereof, where motorized vehicles are washed or cleaned, in whole or in part, with the use of a mechanical device, whether self-service or by staff.

CELLAR — A story having more than one-half (1/2) of its clear height below the average finished grade level of the adjoining ground. Refer to Section 430-60 GG for use limitations. [Amended 9-21-2005 by Ord. No. 1304-2005]

CERTIFICATE OF OCCUPANCY — A certificate issued by the Construction Official upon completion of the construction of a new building or upon a change in the use or the occupancy of a building which certifies that all requirements of this chapter, or such adjustments thereof which have been granted, and all other applicable requirements have been complied with.

CERTIFICATE OF ZONING COMPLIANCE — A statement issued by the administrative official upon completion of construction, alteration or change in occupancy or use of a building. Said certificate shall acknowledge compliance with all requirements of this chapter, such adjustments thereto granted by the Board of Adjustment and/or all other applicable requirements.

CHAIN STORE — Retail outlets with the same name, selling similar types of merchandise, operating under a common merchandising policy and usually owned or franchised by a single corporate entity.

CHANGE OF USE — An alteration in a building heretofore existing to a new use group which is subject to other requirements of this chapter or other special provisions of law governing building construction, equipment or means of egress as established within Chapter 184, Construction Codes, Uniform.

CHILD-CARE CENTER — A private establishment enrolling four (4) or more children and where tuition, fees or other forms of compensation for the care of children are charged, whether or not licensed or approved to operate as a child-care center by the New Jersey Division of Youth and Family Services (NJDYFS).

CHURCH — A building or group of buildings, including customary accessory buildings, designed or intended for public worship and religious instruction, meeting rooms and recreational facilities appurtenant thereto. For the purpose of this chapter, the word "church" shall include chapels, congregations, cathedrals, temples, synagogues and similar designations as well as parish houses, convents and such accessory uses.

CLINIC — "Medical, chiropractic, acupuncture or dental clinic" means any place used for the administering of medical or dental treatment free or at a low cost or any place used as an inpatient or outpatient medical or dental treatment center wherein certain medical and dental conditions and disorders are treated primarily through surgical intervention that is not commonly performed in normal, private medical or dental practice.

CLUB — A profit or nonprofit corporation, organization or association of persons who are members thereof, which owns or leases a building, or part thereof, for the use of members or guests. Said "clubs" or lodges shall have been principally established for the promotion of a common objective and shall be distinctly not considered as a semipublic use under the provisions of this chapter. Food, meals and alcoholic beverages may be served as an incidental function of this use, provided that adequate facilities are present, and further provided that all federal, state and municipal laws are complied with. [Amended 9-21-2005 by Ord. No. 1304-2005]

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

COMMUNITY RESIDENCE FOR DEVELOPMENTALLY DISABLED — A community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter and personal guidance under such supervision as required to not more than fifteen (15) developmentally disabled or mentally ill persons who require assistance, temporarily or permanently, in order to live in the community, and shall include but not be limited to group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements and hostels.

COMMUNITY SHOPPING CENTER — An integrated development of such uses as, by way of illustration, retail stores and shops, personal service establishments, professional and business offices, banks, post offices, restaurants and auditoriums housed in an enclosed building or buildings and utilizing such common facilities as customer parking, pedestrian walkways, truck loading and unloading space, utilities and sanitary facilities.

COMPLETE APPLICATION — An application is certified as complete by the administrative officer when it meets all of the submission requirements as specified in this chapter. When the application is certified complete, the time period commences for Board review.

CONDITIONAL USE — A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the approval of the Planning Board or, where required by N.J.S.A. 40:55D-70, by the Zoning Board of Adjustment.

CONDOMINIUM — Ownership of real property combining ownership in fee simple of a dwelling unit and undivided ownership in common with other purchasers of the common elements in the structure and including the land and its appurtenances.

CONGREGATE HOUSING — A dwelling providing shelter and services for the elderly, which may include meals, housekeeping and personal care assistance.

CONSTRUCTION OFFICIAL — That person designated by the salary guide title in the municipality pursuant to the Uniform Construction Code of the State of New Jersey.

CORNER LOT — A lot at the junction of and fronting on two (2) or more intersecting streets.

COUNTY PLANNING BOARD — The County Planning board, as defined in Section 1 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.1), of the county in which the land or development is located.

COURT, INNER — Any court except an outer court.

COURT, OUTER — One which extends its full width from a front, rear or side yard.

COURTYARD — An open, unoccupied space bounded on at least two (2) opposing sides by a building wall but not a front, side or rear yard. "Courtyard" shall apply to multifamily or high-rise buildings only.

COVERAGE — The area of a lot or the percentage of a lot occupied by a building, structure or use.

CURB LEVEL — The grade of the curb in front of the midpoint of the lot as established by the Municipal Engineer.

DAY-CARE CENTER — A private establishment enrolling four (4) or more children between two (2) and five (5) years of age and wherein tuition, fees or other forms of compensation for the care of the children are charged and which is licensed or approved to operate as a child-care center. The term "day-care center" should include child-care center and nursery school.

DAYS — Calendar days.

DE MINIMIS — When applied to an action affecting a property with historic preservation potential, it shall mean an action of such a minimum nature that the purpose of historic preservation as defined in this chapter will not thereby be materially affected and an action that does not increase the degree of noncompliance with respect to any bulk regulation set forth in this chapter.

DEMOLITION — To partially or completely take down a structure.

DENSITY, GROSS — The number of dwelling units provided by the total land area of the lot or lots comprising the tract of land for which the development application is made.

DENSITY, NET — The number of dwelling units which may be developed or that portion of the tract exclusive of public street, right-of-way, floodway, delineated wetlands, conservation/preservation areas, open space areas, streams or water bodies, existing public utility easements and such other areas which may not be developed.

DEVELOPMENT — The division of a parcel of land into two (2) or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill and any use or change in the use of any building or other structure or land or extension of use of land, including alteration to a site, for which permission may be required pursuant to this chapter.

DISCOTHEQUE — An establishment where patrons dance to recorded music and which may also feature go-go dancers.

DISCOUNT CENTER — A single store or group of stores advertising a wide variety of merchandise for sale at less than retail cost, including "99 cent" and similar type stores. [Amended 9-21-2005 by Ord. No. 1304-2005]

DRAINAGE — The removal of surface water or groundwater from land by drains, grading or other means, and includes control to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.

DRIVE-IN ESTABLISHMENT — An establishment which is designed to provide, whether wholly or in part, service to customers while in their automobiles parked or standing upon the premises or which is designed for the transferal of food and/or beverage without leaving the vehicle.

DRIVE-IN USE — an establishment which, by design, physical facilities, service or by packaging procedures, encourages or permits customers to receive services, obtain goods or be entertained while remaining in their motor vehicles.

DWELLING — A building designed or used exclusively as the living quarters for one (1) or more families.

DWELLING, ATTACHED — One (1) dwelling unit in a line of two (2) or more structurally joined dwelling units, with each dwelling unit having individual access, with open space in front and rear.

DWELLING, DETACHED — A building surrounded by open space on the same zoning lot and being the only principal building occupying that lot.

DWELLING, HIGH-RISE — Any building with a common passageway consisting of more than five (5) stories or more than sixty (60) feet in height in which building there are one (1) or more suites of rooms on each floor.

DWELLING, MID-RISE — A medium or mid-rise building is any building with a common passageway which is three (3) or five (5) stories or thirty-five (35) to sixty (60) feet in height, in which building there are one (1) or more suites of rooms on each floor.

DWELLING, MULTIFAMILY — A building designed for or occupied exclusively by three (3) or more families or households living independently of each other.

DWELLING, MULTILEVEL [Repealed 9-21-2005 by Ord. No. 1304-2205]

DWELLING, ONE-FAMILY — A detached building designed for, or occupied exclusively by, one (1) family or household.

DWELLING, PATIO HOUSE (TERRACE HOME) — A variation of the traditional one-story ranch house, designed to fit on a narrow lot, with an angled or altered architectural form, with the elimination of side and/or front yards, with private spaces fenced, usually on a square or reduced-size lot, with parking usually occurring within the unit in a garage.

DWELLING, SEMIDETACHED — A one-family dwelling attached to another one-family dwelling by a common vertical wall with each dwelling located on a separate lot.

DWELLING, THREE-FAMILY — A building for, or occupied exclusively by, three (3) families of separate residence, living independently of each other.

DWELLING, TOWNHOUSE — A multifamily dwelling consisting of more than two (2) attached single-family residences, constructed in a continuous row, in which each residential unit may be defined as a vertical construction unit served by its own utilities and services, designed for conveyance either as a condominium or as a planned development, in which each unit has its own front and rear access to the outside and each dwelling unit is separated from another by one (1) or more common fire-resistant walls and wherein each dwelling unit shall have separate individual utility systems and with private rear yard areas.

DWELLING, TWO-FAMILY (DUPLEX) — A building designed for, or occupied exclusively by, two (2) families of separate residence, living independently of each other, but located on a single lot.

DWELLING UNIT — A house, trailer or other structure or a portion of any building or structure designed, arranged or used for living quarters for one (1) or more persons living as a single housekeeping unit with cooking and bathroom facilities, but not including units in hotels or other structures designed for transient residence.

DWELLING UNIT, EFFICIENCY — A dwelling unit consisting of a single room or common open space, inclusive of bathroom and kitchen facilities.

EASEMENT — A grant of one (1) or more property rights by the property owner to and/or for the use by the public, a corporation or another person or entity, within which the owner of the property shall not erect any permanent structures.

ELECTRIC SUBSTATION — A building or facility, with its exterior structures and equipment, used or designed to be used to facilitate the transformation and distribution of electric power, energy and light to customers, but not including repair facilities, storage of plant materials or spare parts (other than those carried for the particular installation) or storage of equipment, automobiles or trucks or housing or quarters for installation, repair or trouble crews.

ELEEMOSYNARY USE — A private or nonprofit organization which is not organized or operated for the purpose of carrying on a trade or business and no part of the net earnings of which are for the benefit of any individual.

ELEVATION:

A.     A vertical distance above or below a fixed reference level.

B.     A flat scale drawing of the front, rear or side of a building.

ENVIRONMENTAL COMMISSION — A municipal advisory board created pursuant to N.J.S.A. 40:56A-1 et seq.

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

ENVIRONMENTAL IMPACT STATEMENT — An analysis describing the impact or effect of a proposed program or project on the existing environmental, social and economic conditions in the area.

EROSION — The detachment and movement of soil or rock fragments by water, wind, ice or gravity, whether naturally or humanly induced.

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

ESSENTIAL SERVICES — The erection, construction, alteration or maintenance of underground, surface, or overhead electrical, communications, gas, steam, water and sewerage transmission and collection systems and the equipment and appurtenances necessary for such systems to furnish an adequate level of public service. [Amended 9-21-2005 by Ord. No. 1304-2005]

EXTENDED-CARE FACILITY — A long-term-care facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged or a governmental medical institution.

EXTERIOR WALL — Any wall which defines the exterior boundaries of a building or structure.

FABRICATION AND ASSEMBLY — The manufacturing from standard parts of a distinct object differing from the individual components.

FACADE — The total wall surface, including door and window areas of a building's face. Each wall surface shall be considered a separate "facade."

FAMILY — One (1) or more persons related by blood, legal adoption or marriage occupying a premises and living as a single nonprofit housekeeping unit; or one (1) or more persons living together as a single, nonprofit housekeeping unit whose relationship is of a permanent and domestic character. The existence of a fraternity, sorority, club, religious order or similar relationship shall not alone be sufficient to quality as a "family" hereunder.

FAST-FOOD RESTAURANT See RESTAURANT, FAST-FOOD [Amended 9-21-2005 by Ord. No. 1304-2005]

FEE SIMPLE — Ownership of real property combining ownership of a dwelling unit and the lands upon which it is situated.

FENCE — An artificially constructed barrier erected for the enclosure of yard areas.

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

FINAL PLAT — The final map of all or a portion of the subdivision which is presented to the municipal agency as provided for in this chapter.

FINANCIAL SERVICES — Any assistance permitted or required by the state to be furnished by an owner or operator to a resident in the management of personal financial matters, including but not limited to the cashing of checks, holding of personal funds for safekeeping in any manner or assistance in the purchase of goods or services with a resident's personal funds.

FLAG LOT — A lot which may or may not front or abut a public or private road but where access to the public or private road is by a narrow private right-of-way, easement or other narrow strip of land.

FLEA MARKET — An indoor or outdoor market at which new or secondhand merchandise is sold by individual vendors from booths, stalls or parked vehicles.

FLOOR AREA — The sum of the gross horizontal areas of the several floors of a building or buildings, measured from the exterior faces of exterior walls or from the center line of walls separating two (2) buildings.

A.     The "floor area" of a building or buildings shall include:

(1)    Floor space used for mechanical equipment with structural headroom of seven (7) feet six (6) inches or more.

(2)    Attic space, where a floor has actually been laid, providing structural headroom of seven (7) feet six (6) inches or more.

(3)    Interior balconies and mezzanines.

(4)    Enclosed porches.

B.     However, the "floor area" of a building shall not include:

(1)    Cellar space, except that cellar space used for retailing shall be included for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths.

(2)    Elevator and stair bulkheads, accessory water tanks and cooling towers.

(3)    Floor space used for mechanical equipment with structural headroom of less than seven (7) feet six (6) inches.

(4)    Attic space, whether or not a floor has actually been laid, providing structural headroom of less than seven (7) feet six (6) inches.

(5)    Uncovered steps.

(6)    Terraces, breezeways and open porches.

(7)    Accessory off-street parking spaces.

FLOOR AREA, NET — The total of all floor areas of a building, excluding heating, ventilating and air-conditioning (HVAC) equipment rooms, interior vehicular parking or loading and all floors below the first or ground floor, except when used or intended to be used for any human habitation or any service to the public.

FLOOR AREA RATIO — The total of all floor areas of the building or buildings of that zoning lot, divided by the area of that zoning lot, all in square feet.

FOOD PROCESSING ESTABLISHMENT — A commercial establishment in which food is processed or otherwise prepared for human consumption but not consumed on the premises.

FRATERNAL ORGANIZATION — a group of people formally organized for a common interest, usually cultural, service, religious or entertainment, with regular meetings, rituals and formal written membership requirements.

FREIGHT FORWARDING — Establishments primarily engaged in undertaking the transportation of goods from shippers to receivers for a charge covering the entire transportation route and, in turn, making use of the services of other transportation establishments as instrumentalities in effecting delivery.

GARAGE, PRIVATE — An enclosed building or enclosed space accessory to the principal building which provides storage for motor vehicles and in which no occupation, business or service for profit is carried on.

GARAGE, PUBLIC — Any garage or structure, other than a private garage, available to the public, operated for gain and which is used for temporary parking and/or inside storage of automobiles or other passenger motor vehicles, excluding buses and other similar vehicles. [Amended 9-21-2005 by Ord. No. 1304-2005]

GARDEN APARTMENT — One (1) or more multifamily buildings not more than two and one-half (2 1/2) stories above the curb level or not more than three (3) livable floor levels and on a landscaped site designed and erected as an integrated development with singleness of use and operation and which contains such common facilities as pedestrian walks, open spaces and recreation areas in accord with minimum standards stated in this chapter, off-street parking and/or garage facilities concomitant with unit density, complete utility systems and free two-way access provided from two (2) or more directions.

GARDEN APARTMENT DEVELOPMENT — Two (2) or more garden apartments on a single lot.

GENERAL TERMS AND CONDITIONS — The conditions under which preliminary approval is granted, including zoning plat details, improvements, off-site improvements and design standards.

GRADE, FINISHED — The completed surfaces of lawns, walks and roads brought to grade as shown on municipally reviewed plans or designs conforming to established municipal standards.

GRADIENT — The degree of rise or descent of a sloping surface above or below a horizontal plane.

GROSS LEASABLE AREA - The total floor area for which a tenant pays rent and which is designed for the tenant's occupancy and exclusive use.

GROSS LOT AREA - An area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. No portion of a lot included in a street right-of-way shall be included in calculating the lot area. Riparian lands shall be included in calculating the lot area. Riparian lands shall be included to determine lot area, but only lands up to the bulkhead line shall be used to determine gross lot density.

GROUP QUARTERS:

A.     Institutional group quarters are living quarters occupied by one (1) or more persons under custody or care, such as:

(1)    Children in an orphanage.

(2)    Patients in a nursing home.

(3)    Patients in a chronic disease ward or institution.

(4)    Prisoners in a penitentiary.

       NOTE: Halfway houses and general and maternity wards at a hospital are never institutional group quarters, even though the persons staying there are under custody and/or care.

B.     Noninstitutional group quarters.

(1)    Noninstitutional group quarters include the living quarters such as:

(a)    Quarters for college- or university-level students in the following types of places, provided that the place may include students who do not have their families living with them:

[1]    School-owned and/or -operated dormitories.

[2]    Fraternity and sorority houses.

[3]    Privately owned and operated off campus rooming and boarding houses restricted entirely to students and occupied by:

[a]    Ten (10) or more persons unrelated to each other.

[b]    Nine (9) or more persons unrelated to the resident who owns or rents the living quarters.

(b)    Nurses, interns and staff dormitories.

(c)    General and maternity wards at hospitals, provided that one (1) or more patients have no usual home elsewhere.

(d)    All halfway houses, including those that provide medical care and/or where residents stay involuntarily.

(e)    The quarters occupied by a staff member [and any member(s) of his/her family] within any group quarters is a housing unit, provided that it meets the criteria of separateness and direct access; otherwise it is separate noninstitutional group quarters.

(f)     Shelters, missions and so forth for the homeless.

(2)    In addition, noninstitutional group quarters include any living quarters (other than those classified as institutional group quarters) which are occupied by ten (10) or more persons unrelated to each other or by nine (9) or more persons unrelated to the resident who owns or rents the living quarters.

HABITABLE FLOOR AREA — The area of all floors or a building measured at the exterior of the walls thereof, excluding cellars, attics, closets, porches, patios, terraces, carports, breezeways, verandas and garages and any other unheated areas. [Amended 9-21-2005 by Ord. No. 1304-2005]

HALF-STORY — For all areas under roof, the minimum ceiling height of seven (7) feet six (6) inches for not less than one-fourth (1/4) and not more than one-half (1/2) of the area under roof shall be considered a half story. Anything less than permitted shall be considered an attic, anything more than permitted shall be considered a full story. Basements shall be considered half stories. Refer to Section 430-60 GG for use limitations. [Amended 9-21-2005 by Ord. No. 1304-2005]

HEALTH-CARE FACILITY — A facility or institution, whether public or private.

HOME OCCUPATION [Amended 3-27-2013 by Ord. No. 1668-2013] — An occupation or a profession which:

A.     Is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit;

B.     Is carried on by a member of the family residing in the dwelling unit for residential purposes;

C.     Is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and

D.    Conforms to the following additional conditions:

(1)    The occupation or profession shall be carried on wholly within the principal building or within a building or other structure accessory thereto, but shall be limited to no more than one-fourth (1/4) of the total gross floor area of all the buildings on the lot. In the R-M Residential Zone, the occupation or professional shall be limited to no more than one-fourth (1/4) of the total gross area of the dwelling unit.

(2)    Not more than two (2) persons outside the family shall be employed in the home occupation.

(3)    There shall be no exterior display, no exterior sign (except as permitted under the definition of "sign" below), no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal buildings.  However, under no circumstances shall exterior displays or signs be permitted in the R-M Residential Zone.

(4)    No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.

(5)    No traffic shall be generated by any home occupation which is greater in volume than would normally be expected for solely residential use.

(6)    No more than two (2) clients, customers, or patrons shall be permitted at any given time on the premises for business or commercial purposes.  However, in the R-M Residential Zone, no clients, customers, patients, or patrons shall be permitted at any time.

HOMEOWNERS' ASSOCIATION — A community association which is organized in a development in which individual owners share common interests in open space or facilities.

HOSPITAL — An institution which maintains and operates organized facilities and services for the diagnosis, treatment or care of persons suffering from illness, injury or deformity and/or obstetrics and in which all diagnosis, treatment and care are administered by or performed under the direction of persons licensed to practice medicine or osteopathy in the State of New Jersey. Said institution shall also conform to the revised standards for hospital facilities as adopted by the State Board of Control or the Department of Health.

HOTEL/MOTEL — A series of attached, semiattached or detached dwelling units operated as a single business, containing individual sleeping or living units with bathrooms and closet space, with or without kitchens, designed for or used to provide housing accommodations, for a consideration, to tourists, transients and travelers and held out to the public as accommodations by the day, week or month.

ITEM OF INFORMATION — An "item of information", as related to signage, shall mean any word, syllable, initial, abbreviation, number, symbol or geometric shape. [Amended 9-21-2005 by Ord. No. 1304-2005]

JUNK OR SALVAGE YARD — A lot or structure, or part thereof, used primarily for the collection, storage and sale of wastepaper, rags, scrap metal or discarded material or for the collection, dismantling, storage and salvaging of machinery and/or motor vehicles or parts thereof.

LABORATORY — A structure or room equipped for conducting scientific experiments, analysis, examinations, research, testing and/or other experimental technical work.

LAND — Includes improvements and fixtures on, above or below the surface.

LANDSCAPED AREA — Areas containing trees, shrubs and ground covers, pedestrian and recreation areas, ponds, streams or any other areas of features which can be reasonably included, but shall not include areas occupied by buildings or structures, paving for parking, loading or access thereto, required buffers or areas utilized for outside storage.

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

LOT AREA — An area of land which is determined by the limits of the lot lines bounding the area and shall be expressed in terms of square feet. Any portion of a lot included in a street right-of-way shall not be included in calculating "lot area."

LOT CORNER — A lot at the junction of and fronting on two (2) or more intersecting streets when the interior angle of intersection does not exceed one hundred twenty degrees (120°). All lot lines that front on a street shall be considered front lot lines. There shall be no side lot line on the side of a building fronting on a street. The lot line or lines generally parallel to the rear of the building shall be considered the rear lot line or lines. In the case of a building facing toward the interior angle, rather than solely on one (1) street frontage or the other, there shall be no side lot lines, and any lot lines other than those considered front lot lines shall be considered rear lot lines. "Corner lots' shall provide the minimum front yard setback for the respective zone for all intersecting streets. Residential "corner lots" on collector, major or arterial streets shall have driveway access only to the street of lesser traffic classification. Exception to the above standard shall only be in the R-25 Residential Zone, where the corner lot is twenty-five feet by one hundred (25 x 100) feet. In this case, the front yard setback shall apply to the front entrance side of the building, and the side yard of the building fronting on a street shall have a minimum side yard setback of five (5) feet. Rear yard setback shall only apply to the side opposite the front entrance. [Amended 9-21-2005 by Ord. No. 1304-2005]

LOT COVERAGE — The proportion of the area of a lot, expressed as a percent, that is covered by the building or buildings, including accessory buildings. An aboveground swimming pool shall not be included in determining the percentage of "lot coverage," but a below-ground swimming pool shall be included in determining the percentage.

LOT DEPTH — The shortest horizontal distance between the street line and the nearest part of a rear lot line. The greater frontage on a corner lot shall be its depth.

LOT FRONTAGE — The horizontal distance between side lot lines measured along the street line. The minimum "lot frontage" shall be the same as the lot width, except that on curved alignments with an outside radius of less than five hundred (500) feet, the minimum distance between the side lot lines measured at the street line shall not be less than sixty percent (60%) of the required minimum lot width.

LOT, INTERIOR — A lot other than a corner lot.

LOT LINE — The boundary line of a parcel of land as shown on a certified filed map or as defined by a filed map, or both. A "lot line" shall not be considered unless legally subdivided.

LOT OF RECORD — Any lot which is part of a subdivision recorded in the office of the County Clerk, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

LOT, THROUGH — A lot running through from one (1) street to another.

LOT WIDTH — The horizontal distance between straight lines connecting front and rear lot lines at each side of the lot, measured parallel or nearly so to the front and rear lines so determined and across the rear of the required front yard; provided, however, that the width between side lot lines at their foremost points (where they intersect with the street right-of-way) shall not be less than eighty percent (80%) of the required lot width, except in the case of lots on the turning circle of culs-de-sac, where a fifty-percent (50%) requirement shall apply.

LOT, ZONING — For zoning purposes, as covered by this chapter, a "zoning lot" is a parcel of land of at least sufficient size to meet the minimum zoning requirements for uses, coverage and area and to provide such yards and other open space as are herein required. Such lot shall have frontage on an improved public street and shall be only the lands designated as the tract to be used, developed, occupied or built upon, and may consist of a single lot of record; a portion of a lot of record; a combination of complete lots of record, of complete lots of record and portions of lots of record or portions of lots of record; or a parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this chapter.

MAINTENANCE GUARANTY — Any security which may be accepted by the municipality for the maintenance of any improvements required by this chapter.

MAJOR SITE PLAN — A development plan of one (1) or more lots which proposes new development or involves planned development or any new street or extension of any off-tract improvement.

MAJOR SUBDIVISION — Any subdivision not classified as a minor subdivision.

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

MARQUEE — Any roof-like permanent construction using rigid building materials (and not canvas or vinyl or other flexible fabric) as its covering material that projects from the wall of a building for the purpose of shielding a doorway or window from the elements. [Amended 9-21-2005 by Ord. No. 1304-2005]

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

MEDIAN — A value in an ordered set of values, below and above which there are an equal number of values.

MINIMUM CONTIGUOUS ACREAGE — The "minimum contiguous acreage" of a planned unit development shall include all riparian rights. Two (2) separate tracts separated by a public road or railroad shall not render the tract noncontiguous.

MINOR SITE PLAN — A development plan of one (1) or more lots which proposes new building area of not more than four thousand nine hundred ninety-nine (4,999) square feet, does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant and contains the information reasonably required in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.

MINOR SUBDIVISION — A subdivision of land that does not involve the creation of more than two (2) lots, a planned development, any new streets or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42. The creation of lots may include the two (2) new lots plus the lands remaining. Only one (1) "minor subdivision" shall be permitted on one (1) parcel of land. [Amended 9-21-2005 by Ord. No. 1304-2005]

MSL — The mean sea level, elevation 0.00, as determined by the National Geodetic Vertical Datum, 1929. [Amended 9-21-2005 by Ord. No. 1304-2005]

MUNICIPAL AGENCY — Refers to either the Municipal Planning Board or the Zoning Board of Adjustment or the governing body when acting pursuant to the Municipal Land Use Law, depending on which Board has reviewing authority. The word "agency" shall mean "municipal agency."

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

MUNICIPAL BUILDING — Any building used or facility owned, operated, subsidized or otherwise assisted by act of the City of Perth Amboy.

MUNICIPALITY — The City of Perth Amboy.

NAIL/HAIR SALON — Any establishment, which cuts or styles hair and/or nails at stations, where a "station" is a seat in which the client sits for treatment. [Amended 9-21-2005 by Ord. No. 1304-2005]

NONCONFORMING BUILDING — A building which in its design or location upon a lot does not conform to the regulations of this chapter for the zone in which it is located.

NONCONFORMING LOT — A lot or parcel which does not have the minimum width or contain the minimum area for the zone in which it is located or the use to which it is being put.

NONCONFORMING USE — A "nonconforming use" of a building or lot shall include any use, whether of a building, other structure or a tract of land, which does not conform to the use or bulk regulations of this chapter for the district in which such nonconforming use is located, either at the effective date of this chapter or as a result of subsequent amendments which may be incorporated into this chapter. All other lawfully occupied uses are deemed conforming.

NURSERY — An area or site where plants, trees and shrubs are grown for transplanting, for use as stocks, for butting and grafting or for sale.

NURSERY SCHOOL — A school licensed by the State of New Jersey to provide daytime care to instruction for two (2) or more children from two (2) to five (5) years of age, inclusive, and operated on a regular basis.

NURSING HOME — A facility for two (2) or more convalescent or aged people, which may include kitchen facilities, recreation areas and similar necessary adjunct uses or patient care.

OCCUPANCY — The specific purpose for which land or a building is used, designed or maintained.

OFF-SITE — Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or a contiguous portion of a street or right-of-way.

OFF-STREET PARKING SPACE — An off-street parking area for passenger vehicles, including the storage area for each vehicle and necessary maneuvering area for each vehicle. Space for maneuvering incidental to parking or unloading shall not encroach upon any public way. Every off-street parking facility shall be accessible from a public way.

OFF-TRACT — Not located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

ON-SITE — Located on the lot in question.

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

OPEN PORCH — A roofed piazza, porch or porte cochere which projects beyond the main wall of a building into a yard, of which the columns supporting the roof shall present a minimum obstruction to the view and the circulation or air.

OPEN SPACE — an unoccupied space open to the sky on the same lot with a principal and/or accessory building.

OWNER — Any individual, firm, association, syndicate, copartnership or corporation having proprietary interest in the land which is the subject of a development application.

PARCEL — One (1) or more lots or parts thereof.

PARKING LOT - An open, unenclosed area used for the storage of any type of vehicle, which area is available to the general public or specific users, operated with or without a fee, and which area is not directly operated as a required accessory use incidental to an active permitted principal use. Any "parking lot" not operated as a required accessory use to an active permitted principal use shall be deemed a conditional use under this chapter.

PARKING SPACE - An off street space available for the parking of a motor vehicle, which in this chapter is held to be an area of nine (9) feet wide and eighteen (18) feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto, except that all parallel off-street parking spaces shall have an area of ten (10) feet wide and twenty-two (22) feet long and all handicap parking spaces shall be an area of twelve (12) feet wide and eighteen (18) feet long.

PARTY WALL - A common shared wall between two (2) separate structures, buildings or dwelling units.

PATIO HOME - A single-family detached housing type on a separate lot, characterized by a zero lot line configuration with little or no side yard setback on one (1) boundary and outdoor living space (patio and courts) integrated into the building design.

PENNY ARCADE - An establishment with more than two (2) coin-operated amusement games, such as pinball machines, electronic games, coin-operated bowling games and the like or more than one (1) jukebox. Establishments with fewer than the above are permitted as accessory uses in commercial establishments.

PERFORMANCE GUARANTY - Any security which may be accepted by a municipality, including cash, provided that a municipality shall not require more than ten percent (10%) of the total "performance guaranty" in cash.

PHILANTHROPIC USES - Those active services or functions exclusively devoted to the active effort of promoting human welfare, maintained or supported by an act, gift or organized distribution of funds.

PLANNED UNIT DEVELOPMENT (PUD) - An area with a contiguous acreage of ten (10) acres or more to be developed as a single entity according to a plan, containing one (1) or more residential clusters or planned unit residential developments and one (1) or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in this chapter. Contiguous acreage under this definition shall include all riparian rights.

PLAT - A map or maps of a subdivision or site plan.

PLOT PLAN - A plan of a lot or subdivision on which is shown the topography, location of all existing and proposed buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings and any other information deemed necessary by the Board of Adjustment in unusual or special cases.

PRELIMINARY APPROVAL - The conferral of certain rights pursuant to this chapter prior to final approval, after specific elements of a development application have been agreed upon by the municipal agency and the applicant.

PRELIMINARY PLAT - The preliminary map indicating the proposed layout of the subdivision which is submitted to the municipal agency.

PREMISES - A lot containing a building or structure.

PROFESSIONAL OFFICE - A place in which an occupation that properly involves a scientific, artistic, educational, clerical, administrative, executive or equivalent activity of a mental rather than manual labor is carried out in a single-purpose structure.

PROFESSIONAL OFFICE/HOME — The office, studio or occupational room of a physician, surgeon, dentist, architect, artist, musician, professional engineer, lawyer or similar person, arranged in such order that such use is conducted entirely within a dwelling which is the bona fide residence of the principal practitioner; where no other persons are engaged in the occupation, with the exception of not more than two (2) employees; and where such use does not occupy more than twenty-five percent (25%) of the net livable floor area of the dwelling.

PROHIBITED USE — A use that is not a permitted use in a zone district. [Amended 9-21-2005 by Ord. No. 1304-2005]

PROJECTION — An extension of a building which protrudes or juts out from the vertical plane of the building not more than two (2) feet.

PROPERTY LINE — A lot or parcel line that defines the limits of ownership.

PUBLIC AREAS:

A.     Public parks, playgrounds, trails, paths and other recreational areas.

B.     Other public open spaces.

C.     Scenic and historic sites.

D.    Sites for schools and other public buildings and structures.

PUBLIC BUILDING — A structure owned and/or use by the municipality.

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

PUBLIC OPEN SPACE — An open space area conveyed or otherwise dedicated to the municipality, Board of Education, state or county agency or other public body for recreational or conservational uses. Dedication and acceptance of "public open space" shall be undertaken as required by this chapter.

QUASI-PUBLIC FACILITIES — Those facilities operated by but not limited to religious organizations, veterans' organizations, fraternal organizations and other institutions or organizations of a similar type but not necessarily belonging to the aforementioned categories.

QUORUM — The majority of a full authorized membership of a municipal agency.

RECREATION VEHICLE — A vehicle-type portable structure without permanent foundation which can be towed, hauled or driven and primarily designed as a temporary living accommodation for recreational, camping and travel use, including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.

RESERVE STRIP — A privately owned strip of land of less width than the lot depth required by this chapter and bounded on one (1) side by a proposed street and on the other by the boundary of a subdivision containing said proposed street.

RESIDENTIAL CLUSTER — An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.

RESTAURANT — Any establishment, however designated, regularly and principally used for the purpose of providing meals to the public, having an adequate kitchen and dining room equipped for the preparing, cooking and serving of foods for its customers and in which no other business, except such as is incidental to such establishment, is conducted. However, a snack bar at a public or community recreation facility operated solely by the public agency controlling the recreation facility for the convenience of the patrons of the facility shall not be deemed a "restaurant" for purposes of this chapter.

RESTAURANT, DRIVE-IN — An establishment where patrons are served prepared foods, soft drinks, ice cream and similar confections for principal consumption outside the confines of the principal building or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.

RESTAURANT, FAST FOOD — An establishment which may or may not have tables that serves ready-made food of a limited variety and which may have one (1) or more of the following characteristics:

A.     Serves ready-to-eat foods, frozen desserts, or beverages in edible or paper, plastic or disposable containers;

B.     Usually serves foods over a general service counter that customers carry to the restaurant's seating facilities, to motor vehicles or off-premises;

C.     Devotes forty-five percent (45%) or more of its gross floor area to food preparation, storage or related activities;

D.    Serves food through a drive-through window.

For purposes of definition, drive-in restaurants, shall be considered fast food restaurants. [Amended 9-21-2005 by Ord. No. 1304-2005]

RESTAURANT, TAKE OUT — An establishment where food and or beverages are sold in a form ready for consumption, where all of the consumption takes place off the premises of the restaurant, and where ordering and pick-up of food may take place from an automobile. [Added 9-21-2005 by Ord. No. 1304-2005]

RESTRICTIVE COVENANT — A restriction on the use of land usually set forth in the deed and which is binding upon subsequent property owners.

RESUBDIVISION:

A.     The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law.

B.     The alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.

RETAIL STORE — An establishment with the primary purpose being the sale of goods or articles individually or in small quantities directly to the consumer.

RIGHT-OF-WAY — The horizontal and vertical area delineated by a line coexistent with the property line of other lands or rights-of-way. Such lands may be a public holding for road, highway or public utility use or a private holding for the location of private, commercial, collective or distributive provision of utilities.

RIGHT-OF-WAY, PRIVATE — A private strip of land over which other parties have the right to pass over, traverse or install utilities.

RIGHT-OF-WAY, PUBLIC — A publicly owned strip of land over which the general public has the right to pass over, traverse or have utilities installed therein.

RSIS STANDARDS— Residential Site Improvement Standards, New Jersey Administrative Code, Title 5, Chapter 21, as amended. [Added 9-21-2005 by Ord. No. 1304-2005]

SATELLITE ANTENNA — An apparatus or structure which is designed for the purpose of receiving television, radio, microwave, satellite or similar signals and is commonly referred to as a "dish-type antenna."

SCHOOL, PAROCHIAL — A use primarily engaged in the education and instruction of individuals in academic or religious subjects and operated for nonprofit, from kindergarten through grade twelve, and administered, supervised and directly affiliated with an exempted nonprofit religious organization.

SCHOOL, PRIVATE — A use primarily engaged in the education and instruction of individuals in academic or religious subjects and operated for nonprofit, from prekindergarten through grade twelve.

SCHOOL, PUBLIC — Any school operated under the administrative authority of a duly constituted state, county, regional or municipal Board of Education.

SCREENING — A visual barrier made up of planted or architectural materials for the purpose of preventing the view of an object or area by the general public.

SERVICE DRIVE — A roadway at least twenty-four (24) feet in width which provides common access to two (2) or more uses and, where adjacent to a public right-of-way, is separated from that right-of-way by a planting strip at least five (5) feet wide.

SETBACK — The minimum horizontal distance between the street, rear or side lot lines and the closest part of any building. When two (2) or more lots under one (1) ownership are used, the exterior property lines so grouped shall be used in determining "setbacks." The front "setback" shall be measured from any future right-of-way line as adopted in the Master Plan. The term "setback" is synonymous with "required setback" and means a line beyond which a building is not permitted to extend.

SHOPPING CENTER — A regionally oriented group of integrated developments devoted to retail, service and entertainment activities housed in an enclosed building or buildings and utilizing such common facilities as customer and employee parking areas, pedestrian walk areas, utilities, loading and unloading space, common open areas and such other necessary and appropriate accessory uses.

SIGHT TRIANGLE — A triangular-shaped area of land established at street intersections in which nothing is permitted to be erected, placed or planted or allowed to grow in such a manner as to impair or obstruct the line of sight of motorists entering or leaving the intersections.

SIGN — Any device, structure or object, including painted wall signs for visual communication, that is used for the purpose of advertising the property or establishment upon which the display is exhibited, but not including any flag of any public or religious group. A sign consists of one (1) or more items of information. [Amended 9-21-2005 by Ord. No. 1304-2005]

SIGN AREA — The maximum projected area of the shape which encloses the sign, device or representation. In the case of lettering attached to building facades, the "sign area" shall be the product of the maximum vertical dimension multiplied by the maximum horizontal dimension of all lettering and symbols which form the sign, including the empty space between the letters and symbols.

SIGN BAND AREA — The sign band area on a building is located on the front elevation of that building. The height of a sign band area shall not exceed five (5) feet, and shall be further limited by the following criteria: It shall be located above the horizontal line created by window or doors, including any architectural or ornamental elements above windows and doors, on the ground level of the building, and shall extend to the lowest horizontal sill line of the windows of the second story or to below a horizontal line of the lowest architectural or ornamental elements below the lowest sill line of the window of the second story. For single story buildings, the sign band areas shall be located above the horizontal line created by window or doors, including architectural or ornamental elements above windows and doors, on the ground level of the building, and shall extend to below the roof line, parapet level or to below the horizontal line of the lowest architectural or ornamental elements at the roof or parapet line. If a building has frontage on two (2) streets, one (1) sign may be installed on each elevation, as required above, except if the second elevation of the building fronting on a street has no door or windows on the ground level or windows on the second level, than a sign is not permitted on the wall. The width of the sign band area shall be the internal width of the building or use, whichever is less, or the width of the storefront window or windows serving the building or use. [Added 9-21-2005 by Ord. No. 1304-2005]

SIGN, BILLBOARD — Any notice or advertisement, pictorial or otherwise, used as an outdoor display not related to a use on a lot, regardless of its size or dimensions. This includes signs advertising a product or service not sold on the premises, signs advertising or directing attention to another premises and any other signs unrelated to the premises on which the sign is erected. [Amended 9-21-2005 by Ord. No. 1304-2005]

SIGN, FREESTANDING — Any sign mounted on a structure erected, not attached to any building. [Amended 9-21-2005 by Ord. No. 1304-2005]

SIGN, GROUND — Any sign mounted at or immediately above the ground on a structure erected, and not attached to any building. Monument signs are ground signs. [Added 9-21-2005 by Ord. No. 1304-2005]

SIGN, OVERHANGING — A sign attached perpendicular to an exterior wall of a building.

SITE PLAN — A development plan of one (1) or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting and screening devices; and any other information that may be reasonably required in order to make an informed determination pursuant to this chapter.

SOLAR ACCESS — A property owner's right to have the sunlight shine on his land.

STORY — A portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above, or anything not considered a half-story, basement, cellar or attic. Underground space shall be considered a "story" when the upper surface of the floor next above is more than six (6) feet above the adjacent finished grade at any point around the building. [Amended 9-21-2005 by Ord. No. 1304-2005]

STORY, HALF — [Repealed 9-21-2005 by Ord. No. 1304-2005]

STREAM RIGHT-OF-WAY - The distance or width located on both sides of a stream or watercourse which has been dedicated, deeded or granted by easement to any government agency for stream right-of-way or which has been indicated in an officially adopted stream improvement program.

STREET - Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; which is shown upon a plat heretofore approved pursuant to law; which is approved by official action as provided in the Municipal Land Use Act; or which is shown on a plat duly filed and recorded in the office of a County Recording Officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street line, whether improved or unimproved, and may comprise pavement, shoulders, gutter, curbs, sidewalks, parking areas and other areas within the street lines.

Editor's Note, See N.J.S.A. 40:55D-1 et seq.

STREET LINE - The line determining the limit of the right-of-way, whether existing or contemplated. Where a definite right-of-way has not been established, the "street line" shall be assumed to be at the future right-of-way line as adopted in the Master Plan.

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

STRUCTURE, PERMANENT - A combination of materials to form a construction for occupancy, use or ornamentation that is safe and stable, and includes among other things stadiums, platforms, radio towers, storage bins and swimming pools.

STRUCTURE, TEMPORARY - A structure without any foundation or footings and which is removed when a specifically designated time period, activity or use for which the temporary structure was erected has ceased.

SUBDIVIDER - Any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.

SUBDIVISION - The division of a lot, tract or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered "subdivisions" within the meaning of this chapter if no new streets are created:

A.     Divisions of land found by the municipal agency or subdivision committee thereof appointed by the Chairman to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size.

B.     Divisions of property by testamentary or intestate provisions.

C.     Divisions of property upon court order, including but not limited to judgments of foreclosure.

D.    Consolidation of existing lots by deed or other recorded instrument.

E.     The conveyance of one (1) or more adjoining lots, tracts or parcels of land owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of this chapter and are shown and designated as separate lots, tracts or parcels on the Tax Map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."

SWIMMING POOL, PRIVATE - A swimming pool which is located as an accessory use on the same lot as

the principal use it serves, is utilized only by the owner or his nonpaying guests and is not operated for profit.

SWIMMING POOL, PUBLIC - A swimming pool open to the general public or open to members only of a club or organization, whether operated for profit or not.

TAVERN - A place of business where the principal use or function is the selling of alcoholic beverages, and, incident thereto, the retail sale or consumption of food is permitted.

TEMPLE - See "church."

TERRACE HOME - A dwelling structure which may be attached by means of a common wall or stacked one (1) over the other and may be attached to others by means of elements such as open-air trellises, entry porches, balconies and terraces which shall serve as unifying and connecting elements in the design. Such structures may be clustered to create courtyards. "Terrace homes" usually are stacked with open terraces creating the roof of the unit below and are staggered up an incline.

TOWER APARTMENT - A building not less than three (3) stories above the curb level nor more than ten (10) stories above the curb level providing at least one (1) elevator for the first eight (8) stories and further providing at least two (2) elevators for any building nine (9) stories or more above curb level. Such a residential building shall be placed on a landscaped lot, providing such common facilities as pedestrian walks, open space on all sides of the building and recreation areas in accord with minimum standards set forth in this chapter, off-street parking and/or garage facilities concomitant with the density, complete utility system service and free two-way access to a public right-of-way.

TOWNHOUSE - One (1) of a series of attached one-family dwelling units not more than two and one-half (21/2) stories above curb level, constructed in a row house manner, each having a common wall between adjacent

sections and landscaped individual rear yards and front yards designed as an integral part of each one-family dwelling unit. Off street parking and/or garage facilities shall be provided to equal unit density. Pedestrian walks and free two-way access in two (2) distinct directions shall be provided, as well as open space and recreational facilities in sufficient amounts as stated in this chapter.

TOWNHOUSE DWELLING UNIT - One (1) of a series of attached single-family dwelling units designed for conveyance either as a condominium or in fee simple, attached [on either both sides or one (1) side depending upon whether the unit is an interior unit or whether the unit is at the end of a townhouse dwelling structure, thereby having one (1) common and one (1) exterior wall], with private or semiprivate front and rear yard areas.

TRAILER - A structure standing on wheels, towed or hauled by another vehicle and used for short-term human occupancy, carrying materials, goods or objects or as a temporary office.

TRAILER HOME - Any dwelling unit for living or sleeping purposes which is equipped with wheels or some device used for the purpose of transporting such unit from place to place, whether by motor vehicle or other means, or any factory-built unit equipped with wheels used for living or sleeping purposes, whether the same is on blocks, posts or any other type of foundation. "Mobile home" shall be synonymous with "trailer home."

TRANSCRIPT - A typed or printed record of the proceedings or a reproduction thereof.

TRIP - A single or one-way vehicle movement either to or from a subject property or study area.

TRIP GENERATION - The total of trips produced or expected to be produced by a specific land use or activity.

USABLE OPEN SPACE - Includes only that part of the ground area of a residential zoning lot:

A.     Which is devoted to outdoor recreational space, greenery and service space for household activities (such as clothes drying) which are normally carried on outdoors.

B.     Which conforms to the minimum dimensions prescribed for the appropriate district.

C.     Which is not devoted to private roadways open to vehicular transportation, accessory off-street parking space or accessory of street loading berths.

D.    In which there are no structures on the ground, except structures which impose only very limited restrictions, such as fire escapes, flagpoles, etc.

E.     Which is unobstructed between the permitted level of the rear yard and the sky.

F.     Which, when above grade, is safe and adequately surfaced and protected.

G.    Which is accessible and available at least to all occupants of dwelling units for whose use the space is required.

USE:

A.     Any purpose for which buildings, other structures or land may be arranged, designed, intended, maintained or occupied.

B.     Any occupation, business, activity or operation carried on (or intended to be carried on) in a building or other structure or on land.

C.     A name of a building, other structure of tract of land which indicates the purpose for which it is arranged, designed, intended, maintained or occupied.

USE, ACCESSORY - A use which is incidental to that of a principal use on the same lot.

USE, NONCONFORMING - A use of a building or land that does not conform to the provisions of this chapter for the zone in which it is located.

USE, PERMITTED - A use of a building or land that conforms to the provisions of this chapter.

USE, PRINCIPAL - A use which is the major use of the lot. In any residential zone, a dwelling on a lot shall be deemed the "principal use" of that lot.

USE, PUBLIC - Any use of land or structures thereon which are owned and used by the federal, state, county or municipal governments. "Public use" shall also include property not owned by a governmental entity but which is leased or used for that purpose.

USE, QUASI-PUBLIC - Any use which is public in nature but which is owned and used by a private interest group. "Quasi-public use" includes churches, parish houses, parochial schools, historical sites and similar uses, but does not include clubs, lodges or similar private uses.

USE, RESIDENTIAL - The use of a building or part as a dwelling unit.

UTILITY:

A.     Any agency which, under public franchise or ownership or under certificate of convenience and necessity, provides the public with electricity, gas, heat, steam, communication, transportation, water, sewage collection or other similar service.

B.     A closely regulated private enterprise with an exclusive franchise for providing a public service.

VACANCY - Any unoccupied land, structure or part thereof available and suitable for occupancy.

VARIANCE - Permission to depart from the literal requirements of this chapter pursuant to N.J.S.A. 40:55D-40, 40:55D-60 and 40:55D-70.

YARD - An open space on the same lot with a principal building which is open, unoccupied and unobstructed by buildings from the ground to the sky, except as otherwise provided in this chapter. The minimum required "yard" shall be the same as the required setback.

YARD, FRONT - An open space extending the full width between side lot lines across the front of a lot between the street line and the front line of the building projected to the side lines of that lot.

A.     In any required "front yard," no fence or wall shall be permitted which materially impedes vision across such yard above the height of thirty (30) inches, and no hedge or other vegetation shall be permitted which materially impedes vision across such yard.

B.     In the case of through lots, unless the prevailing front yard pattern on adjoining lots indicates otherwise, "front yards" shall be provided on all frontages. Where one (1) of the "front yards" that would normally be required on a through lot is not in keeping with the prevailing yard patterns, the administrative official may waive the requirement for the normal "front yard" and substitute therefor a special yard requirement which shall not exceed the average of the yards provided on adjacent lots.

C.     In the case of comer lots which do not have reversed frontage, a "front yard" of the required depth shall be provided in accordance with the prevailing yard pattern, and a second "front yard" of the depth required for front yards in the district shall be provided on the other frontage.

D.    In the case of reversed corner lots, a "front yard" of the required depth shall be provided on either frontage, and a second "front yard" of the depth required for front yards in the district shall be provided on the other frontage.

E.     In the case of corner lots with more than two (2) frontages, the administrative official shall determine the front yard requirements, subject to the following limitations:

(1)    At least one (1) "front yard" shall be provided having the full depth required in the district.

(2)    No other "front yard" on such lot shall have less than the full depth required.

F.     The depth of required front yards shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot lines, in the case of rounded property corners at street intersections, shall be assumed to be the point at which the side and front lot lines would have met without such rounding. Front and rear yard lines shall be parallel. No parking of vehicles shall be permitted upon this open front yard area other than a maximum of two (2) passenger vehicles only on the front side yard of either end, which is paved and not more than sixteen (16) feet in width.

YARD, REAR - An open space extending across the full width of the rear of the lot between inner side yard lines.

A.     In the case of through lots and reversed-frontage corner lots, there will be no "rear yard."

B.     In the case of corner lots with normal frontage, the "rear yard" shall extend from the inner side yard line of the side yard adjacent to the interior lot to the rear line of the front yard.

C.     The depth of required rear yards shall be measured at right angles to a straight line joining the rearmost points of the building and the rearmost point of the side lot lines. The forward rear yard line of a required rear yard shall be parallel to the straight line so established.

YARD, SIDE — An open space extending from the rear line of the required front yard to the rear lot line.

A.     In the case of through lots, "side yards" shall extend from the rear lines of the front yard required.

B.     In the case of corner lots with normal frontage, there will be only one (1) "side yard," adjacent to the interior lot.

C.     In the case of corner lots with reversed frontage, the yards remaining after the full-depth front yards have been established shall be considered to be "side yards."

D.    The width of required side yards shall be measured at right angles to a straight line joining the ends of the front and rear lot lines on the same side of the lot. The inner side yard line of a required side yard shall be parallel to the straight line so established.

ZONING PERMIT — A document signed by the Zoning Officer which shall be required as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of this chapter or a variance therefrom duly authorized by the appropriate municipal agency.

 

 

ARTICLE III   Zoning Districts and Regulations

 

§ 430-6.   Zoning districts.

   For the purpose of this chapter, the City of Perth Amboy is divided into the following zoning districts:

   § 430-13

R-60 Residential Zone

   § 430-14

R-50 Residential Zone

   § 430-15

R-25 Residential Zone

   § 430-16

R-M Residential Zone

   § 430-17

H Hospital Zone

   § 430-18

C-1 Neighborhood Business Zone

   § 430-19

C-2 Central Business Zone

   § 430-20

C-3 Highway Commercial Zone

   § 430-21

M-1 Light Industrial Zone

   § 430-22

M-2 Heavy Industrial Zone

   § 430-23

M-3 Heavy Industrial Zone

Special Use Zones

Special Use Zones are described in Focus 2000, the City of Perth Amboy's Redevelopment Plan, which is amended from time to time. A Copy of Focus 2000, which governs the Zoning and Land Development requirements in Special Use Zones, is available for inspection at the City Clerk and Perth Amboy Redevelopment Agency Offices. [Added 9-21-2005 by Ord. No. 1304-2005]

 

 

§ 430-7.   Official Zoning Map; Official Land Use Map.

A.   Adoption; Amendments; Prior Maps.

(1)    Pursuant to Ordinance No. 1753-2015 the City of Perth Amboy adopts the Official Land Use Map, entitled "Official Land Use Map of the City of Perth Amboy, November, 2014, Middlesex County, New Jersey" as prepared by Center State Engineering, Jeffrey Rauch, P.E., C.M.E., C.F.M., Acting City Engineer. The Official Land Use Map, November, 2014, shall supersede any and all previous Official Zoning Maps or Official Land Use Maps, including the Official Zoning Map of the City of Perth Amboy dated September 21, 1993, and amendments to said Official Zoning Map by Ordinance No. 729-94 (enacted August 16, 1994), Ordinance No. 763-95 (enacted April 18, 1995), Ordinance No. 1180-2002 (enacted December 11, 2002) and Ordinance No. 1304-2005 (enacted September 21, 2005) [Added 2-11-2015 by Ord. No. 1753-2015]

        Editor's Note: Ord. No. 1753-2015 revised the title of the map adopted by this section from "Zoning Map" to "Land Use Map." References in the Code of the City of Perth Amboy to "Zoning Map" shall refer to the map as adopted by this section.

        The map may be found at the end of this chapter.

(2)    Amendments.

        (Reserved)

(3)    Prior Map History.

(a)    The location and boundaries of said districts are hereby established as shown on the Official Map of the City of Perth Amboy dated August 10, 2005, prepared by Jacobs-BBL, a BBL, Inc. company, which hereby supersedes any and all previous Official Zoning Maps, including the Official Zoning Map of the City of Perth Amboy dated September 21, 1993. [Amended 8-16-1994 by Ord. No. 729-94; 4-18-1995 by Ord. No. 763-95; 12-11-02 by Ord. No. 1180-2002; 9-21-2005 by Ord. No. 1304-2005]

(b)    Pursuant to Ordinance No. 1554-2011, adopted April 25, 2011, to the extent that the Official Map of the City of Perth Amboy dated August 10, 2005 conflicts with the ruling of the Superior Court of New Jersey filed March 9, 2009, it is hereby supplanted by the Zoning Map of the City of Perth Amboy dated September 1, 2003, prepared by Jacobs Environmental, Inc. [Added 4-25-2011 by Ord. No. 1554-2011]

B.   Maintenance. Said original Map, in whatever physical or electronic format it exists, of the Official Zoning Map shall be maintained in the office of the Municipal Clerk and shall be made available for public reference. Copies of the Official Zoning Map shall be reproduced for public distribution with the complete Zoning Ordinance. However, the original Map, in whatever physical or  electronic format it exists, of the Official Zoning Map maintained in the office of the Municipal Clerk shall be used as the final authority as to the current status of zoning districts in the City of Perth Amboy. [Amended 9-21-2005 by Ord. No. 1304-2005]

C.   Changes. When in accordance with the provisions of this chapter and state law changes are made in district boundaries or other matters portrayed in the Official Zoning Map, such changes will not become effective until the Official Zoning Map has been amended.

D.   In the event that the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the Municipal Council may, by resolution, adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map. The new Official Zoning Map may contain corrected drafting or other errors or omissions in the prior Official Zoning Map, but no such corrections shall have the effect of amending the original Zoning Map or any amendment thereof.

E.   Unless the prior Zoning Map has been lost or totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

 

 

§ 430-8.   Interpretation of zoning district boundaries.

   In determining the boundaries of districts shown on the Zoning Map, the following rules shall apply:

A.   The zone boundary lines are intended generally to follow the center lines of streets, the center lines of railroad rights-of-way, existing lot lines and the center lines of rivers, streams and other waterways or municipal boundary lines, all as shown on the Zoning Map; but where a zone boundary line does not follow such a line, its position is shown on said Zoning Map by a specific dimension expressing its distance in feet from a street line or other boundary line as indicated.

B.   Where such boundary lines are indicated as approximately following the property lines of parks or other publicly owned lands, such lines shall be construed to be such boundaries.

C.   Where a zoning lot is located in part in one (1) zoning district and in part in another zoning district, the entire zoning lot or portion thereof located in the neighboring zone may be used for a purpose permitted in either zone upon application for a conditional use permit and upon determination by the approving authority that the following standards and conditions are met:

(1)    The use contemplated can best be established by utilizing the portion of the zoning lot in the neighboring zone district without materially affecting the adjoining areas.

(2)    The site plan shall be appropriate to the adjoining areas.

(3)    A set of plans, specifications and plat plans shall be filed in fifteen (15) copies with the Planning Board, showing overall dimensions, topographical conditions, the location and intended use of existing and proposed buildings, the relationship of the proposed use to the streets and adjacent property and other physical features which might act as a deterrent to the general welfare.

D.   In all cases where a district boundary line is located not farther than ten (10) feet away from a lot line of record, such boundary line shall be construed to coincide with such lot line, unless specifically shown otherwise.

E.   In all other cases where dimensions are not shown on the map, the location of district boundary lines shown on the map shall be determined by the use of the scale appearing thereon.

F.   In cases of uncertainty or disagreement as to the true location of any zone boundary line, the determination thereof shall lie with the Board of Adjustment as hereinafter provided.

G.   Lands falling within the area generally known as "riparian rights" territory shall be governed by and shall be included within the straight line extension of the zone boundaries of the zone district to which the riparian right areas are adjoined.

H.   In unsubdivided land and where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions on the map, shall be determined by the use of the scale appearing thereon.

I.    Boundaries indicated as following shorelines shall be construed as following such shorelines and, in the event of a change in the shoreline, shall be construed as moving with the actual shoreline. Boundaries indicated as approximately following the center lines of streams, rivers or other bodies of water shall be construed as following such center lines.

 

 

§ 430-9.   Schedule of Area, Yard and Building Requirements.

   For the Schedule of Area, Yard and Building Requirements, see the Bulk Schedule included at the end of this chapter.

 

 

§ 430-10. Effect of establishment of zoning districts.

   Following the effective date of this chapter, the regulations set forth within this chapter shall be minimum regulations and shall apply uniformly to each element of land or structure, except as hereinafter provided:

A.   No building shall be erected, moved, altered, rebuilt or enlarged except as specified elsewhere in this chapter, nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner except in conformity with all regulations, requirements and/or restrictions specified in this chapter for the district in which such building or land is located.

B.   No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot.

C.   No building or other structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area or to have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required or in any other manner contrary to the provisions of this chapter.

D.   No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.

E.   Only those uses specifically identified as a permitted principal use, permitted accessory use, conditional use, permitted sign or other permitted use shall be permitted. All other uses are prohibited.

 

 

§ 430-11. Description of zoning districts.

   The following zoning districts and regulations as enumerated herein shall apply to the development of all land and as further defined in §§ 430-12 through 430-23 of this Article.

 

 

§ 430-12. Purpose of residential districts.

   Residential districts are established in order to achieve the following specific purposes:

A.   To protect residential areas against fire, explosion, noxious fumes, offensive noise, vibrations, smoke, dust, odors, heat, glare and other objectionable influences.

B.   To protect residential areas against the intrusion of abnormal vehicular traffic and to provide space for off street parking.

C.   To protect residential areas against congestion by regulating the bulk of buildings in relation to the land around them and to provide sufficient space in appropriate locations for residential development to meet the needs of probable expansion in population.

D.   To protect those quasi-residential uses which require a residential environment and which provide essential health and welfare services for the residents.

E.   To promote the aesthetic compatibility of all development within the community.

 

 

§ 430-13. R-60 Residential Zone.

   The following regulations shall apply to the R-60 Residential Zone:

A.   Permitted principal uses:

(1)    One-family detached dwelling units.

B.   Permitted accessory uses:

(1)    Private garage space for the storage of motor vehicles.

(2)    Private recreational facilities, such as but not limited to swimming pools, tennis courts, ice-skating rinks, basketball courts, etc., but these uses shall not be conducted as a business, and provided that all lighting shall be directed away from all adjacent lots.

(3)    Fences, walls, hedges, etc., subject to municipal codes and requirements.

(4)    Tool sheds, greenhouses and similar incidental residential structures.

C.   Conditional uses. Uses requiring a conditional use permit, subject to the provisions of Article VIII of this chapter:

(1)    Structures for public utilities and municipal service as necessary to provide adequate service and protection to the surrounding area, subject to the provisions of Section 430-58.E(7) of this chapter. [Amended 9-21-2005 by Ord. No. 1304-2005]

(2)    Home occupations.

(3)      Churches, synagogues and other similar places of worship.

D.   Bulk regulations. Bulk regulations shall be as specified for the R-60 Zone in the Bulk Schedule attached to and made part of this chapter.6

E.   Permitted signs. As permitted under Section 430-62 of this chapter. [Amended 9-21-2005 by Ord. No. 1304-2005]

F.   Parking and other provisions and requirements.

(1)    Off-street parking. Off-street parking space with appropriate access thereto shall be provided on the same lot it is intended to serve, with the following minimum standards:

(a)    No less than as required by RSIS Standards (N.J.A.C. 5:21-4.14). All parking requirements shall be met by off-street parking. No on-street parking allowance shall be permitted to meet parking requirements. [Amended 9-21-2005 by Ord. No. 1304-2005]

G.   Prohibited uses:

(1)      All nonresidential uses, such as but not limited to commercial and industrial uses, including billboards.

(2)      Painted wall signs.

(3)      Boardinghouses.

(4)      All residential uses not specifically permitted in this zone.

 

 

§ 430-14. R-50 Residential Zone.

   The following regulations shall apply to the R-50 Residential Zone:

A.   Permitted principal uses:

(1)      One-family detached dwelling units.

B.   Permitted accessory uses:

(1)    All accessory uses as permitted in the R-60 Zone, subject to all regulations specified herein.

C.   Conditional uses. Uses requiring a conditional use permit, subject to the provisions of Article VIII of this chapter.

(1)    All conditional uses as specified in the R-60 Zone, subject to all regulations specified herein.

D.   Bulk regulations. Bulk regulations shall be as specified for the R-50 Zone in the Bulk Schedule attached to and made part of this chapter.7

E.   Signs. As permitted under Section 430-62 of this chapter. [Amended 9-21-2005 by Ord. No. 1304-2005]

F.   Parking and other provisions and requirements. [Amended 9-21-2005 by Ord. No. 1304-2005]

(1)    Off-street parking.

(a)    No less than as required by RSIS Standards (N.J.A.C. 5:21-4.14). All parking requirements shall be met by off-street parking. No on-street parking allowance shall be permitted to meet parking requirements.

G.   Prohibited uses:

(1)    All nonresidential uses, such as but not limited to commercial and industrial uses, including billboards.

(2)    Painted wall signs.

(3)    Boardinghouses.

(4)    All residential uses not specifically permitted in this zone.

 

§ 430-15. R-25 Residential Zone. [Amended 9-21-2005 by Ord. No. 1304-2005]

   The following regulations shall apply to the R-25 Residential Zone:

A.   Permitted principal uses:

(1)    One-family detached dwelling units.

B.   Permitted accessory uses:

(1)    All necessary uses as permitted in the R-60 Zone, subject to all regulations specified herein.

C.   Conditional uses. Uses requiring a conditional use permit, subject to the provisions of Article VIII of this chapter:

(1)    All conditional uses specified in the R-60 Zone, subject to all regulations specified herein.

(2)    Philanthropic and charitable uses other than hospitals, nursing homes and correctional and mental institutions.

(3)    Townhouses, subject to the provisions of the townhouse bulk regulations.

(4)    Public and private institutions for education not operated for profit.

(5)    Two-family detached dwelling units, with one (1) dwelling per two thousand five hundred (2,500) square feet of lot area, subject to all regulations specified herein.

D.   Bulk regulations. Bulk regulations shall be as specified in the Bulk Schedule attached to and made part of this chapter.8

E.   Permitted signs. As permitted under Section 430-62 of this chapter.

F.   Parking and other provisions and requirements.

(1)    Off-street parking.

(a)    No less than as required by RSIS Standards (N.J.A.C. 5:21-4.14). All parking requirements shall be met by off-street parking. No on-street parking allowance shall be permitted to meet parking requirements.

(b)    Philanthropic and charitable uses: one (1) off-street parking space for each four hundred (400) square feet of floor area or at least two (2) spaces per bed, whichever standard is greater.

(2)    Minimum lot area. Each dwelling unit shall require a minimum lot area of two thousand five hundred (2,500) square feet.

G.   Prohibited uses:

(1)    All nonresidentially oriented uses, such as but not limited to all commercial and industrial uses.

(2)    Billboards and painted wall signs.

(3)    Boarding houses.

(4)    All residential uses not specifically permitted in this zone.

 

 

§ 430-16. R-M Residential Zone.

   This district is designed to permit flexibility of design of multifamily buildings and attached single-family dwellings, with the option of planned unit development. The following regulations shall apply to the R-M Residential Zone:

A.   Permitted principal uses.

(1)    R-M(M) Mid-Rise Residential:

(a)    Garden apartment multifamily dwellings.

(b)    Townhouse dwellings.

(2)    R-M(MF) Multifamily Residential:

(a)    Garden apartment multifamily dwellings.

(b)    Townhouse dwellings.

(c)    Terrace homes.

(d)   Marina facilities, including but not limited to a yacht, boat and motorboat basin or marina, repair facilities, marine fueling, marine supply store and public water transportation.

(e)    Reserved. [Repealed 9-21-2005 by Ord. No. 1304-2005]

(f)    Planned unit development option.

(3)    R-M(H) High-Rise Tower:

(a)    Tower apartment multifamily dwellings.

B.   Permitted accessory uses:

(1)    All accessory uses as permitted in the R-60 Zone, subject to all regulations as specified herein.

(2)    Off-street parking garages and spaces for multifamily and marine uses as stipulated herein.

C.   Conditional uses. [Amended 3-27-2013 by Ord. No. 1668-2013] Uses requiring a conditional use permit, subject to the provisions of Article VIII of this chapter.

(1)    Structures for public utilities and municipal service as necessary to provide adequate service and protection to the surrounding area.

(2)    Home occupations.

D.   Bulk Requirements. Bulk regulations shall be as specified in the Bulk Schedule attached to and made part of this chapter. The bulk standards for garden apartment use shall comply with the garden apartment standards. The bulk standards for townhouse use shall comply with the townhouse standards. The bulk standards for tower apartment use shall comply with the R-M(H) standards. The bulk standards for terrace home use shall comply with the terrace home standards.

Editor's Note: The Bulk schedule is included at the end of this chapter.

E.   Permitted signs:

(1)    All signs as specified in the R-60 Zone.

(2)    One (1) nonilluminated, nonflashing residential sign per entrance displaying the name of a multifamily development, placed not closer than ten (10) feet to any property line and not exceeding six (6) square feet on any one (1) side.

(3)    All signs for other than residential use shall adhere to the regulations of § 430-18E of this chapter.

F.   Parking requirements.

(1)    Off-street parking. Off-street parking space with appropriate access thereto shall be provided on the same lot or tract of land it is intended to serve, in accordance with the following minimum standards:

(a)    Garden apartments: two and one-half (2 1/2) spaces per dwelling unit.

(b)    High-rise tower apartment: one and one-half (1 1/2) spaces per dwelling unit.

(c)    Townhouse dwellings: two and one-half (2 1/2) spaces per dwelling unit.

(d)   Terrace homes: two and one-half (2 1/2) spaces per dwelling unit.

(e)    Single-family dwellings: one (1) space per each two thousand five hundred (2,500) square feet or part thereof of lot area.

(f)    Recreation areas: three (3) spaces per acre or part thereof of site area.

G.   Planned unit development option. [Amended 8-16-1994 by Ord. No. 729-94]

(1)    Purposes and objectives. The following are the objectives of the City of Perth Amboy in permitting planned unit development (PUD) pursuant to the authority granted by the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.):

(a)    To provide for comprehensively planned, well located, safe sites for residential, office, commercial, light industrial and recreational purposes, thus creating a quality environment in which people live, work and visit.

(b)    To encourage innovations in residential, office, commercial, light industrial and recreational development which will conserve open space and provide greater variety of both land uses and of the type, design and layout of buildings.

(c)    To provide for quality residential development of the waterfront.

(d)   To encourage beautification of the Perth Amboy waterfront.

(e)    To encourage a more efficient use of land and public services or private services in lieu thereof.

(f)    To provide commercial, office and light industrial development which will aid in strengthening the economic base of the city.

(g)    To promote the sound growth, health and general welfare of the city.

(h)   To promote development and redevelopment of the Perth Amboy waterfront area in a comprehensive and orderly manner.

(i)    To encourage development of an infrastructure that is integrally related to the existing and proposed infrastructure of the city.

(2)    Applications. Application for a planned unit development shall be made in accordance with the provisions set forth in this chapter.

(a)    Any developer of a parcel of land greater than one hundred (100) acres in size and located with the R-M(MF) (PUD) District shall submit a general development plan application to the Planning Board pursuant to Article XVI of this chapter prior to the granting of any preliminary approval to that development by the Planning Board pursuant to this chapter and N.J.S.A. 40:55D-1 et seq.

(3)    General conditions for planned unit development option. A planned unit development (PUD) shall not be permitted in the Planned Unit Development District unless:

(a)    Such planned unit development is, to the extent possible with due consideration for differing land ownerships, to be developed as a single entity according to a plan.

(b)    The applicant for such a planned development can demonstrate that the water, sanitary sewer, storm sewer and other utilities for the PUD will be adequate and complete for the PUD and each stage thereof and will be an integral part of a general plan or plans for development of all utilities according to the plan.

(c)    The applicant for such planned unit development can demonstrate that the means for vehicular and/or mass transit access to the planned unit development will be adequate and complete for the planned unit development and each stage thereof, will be an integral part of a general plan or plans for development of vehicular and/or mass transit access for the entire planned unit development and will permit and encourage to the greatest extent possible integration of the PUD with the existing traffic system of the City of Perth Amboy.

(d)   The applicant for such planned unit development can demonstrate that the means of pedestrian access to the planned unit development will be adequate and complete for the planned unit development and each stage thereof, will be an integral part of a general plan for development of pedestrian access for the entire planned unit development and will permit and encourage, to the greatest extent possible, integration of the planned unit development with other portions of the City of Perth Amboy and demonstrate that adequate provision has been made for an easement or other form of encumbrance along or in close proximity to the bank of the Arthur Kill to allow access for riverbank maintenance and to allow parallel and perpendicular access to the riverfront by pedestrians and bicyclists. Such easement areas shall be provided with a paved walkway at widths approved by the Planning Board or other agencies having jurisdiction. If a bicycle path is to be included, such path shall be separated from the pedestrian walkway. Such easement shall he granted in perpetuity, without charge, upon such terms as the Planning Board or other governmental authority having jurisdiction shall deem appropriate to assure the continued maintenance thereof. Such easement area shall be designed so as to be contiguous with similar easement areas in other properties in the Planned Development District.

(e)    The applicant for such planned unit development can demonstrate that such planned unit development and each stage thereof will not cause any substantially adverse environmental impacts.

(f)    The applicant for such planned unit development meets all of the requirements for approval by the Planning Board of the municipality as set forth in this chapter and by all other governmental agencies having jurisdiction.

(4)    Development size. The minimum size of the development area of a planned unit development shall be ten (10) adjacent or contiguous acres under a single ownership or control. Public road or a railroad traversing a tract shall not render the tract noncontiguous. Contiguous acres shall include riparian rights.

(5)    Uses.

(a)    Permitted principal uses:

[1]    Principal uses as permitted in Article III, § 430-16A of this chapter.

[2]    Commercial uses as follows:

[a]    All uses as permitted in the C-1 Zone.

[b]    Consumer, professional and commercial service establishments.

[c]    Retail, business and personal service establishments, such as but not limited to clothing and clothing accessory shops, gift shops, jewelry, art and craft shops, photographic equipment and supply stores, seed and garden supply stores, shoe stores, sporting and athletic goods stores, stamp and coin stores, toy stores, florist shops, etc.

[d]    Eating and drinking places, restaurants, bars, tap rooms and taverns, but not drive-in restaurants.

[e]    Indoor theaters only.

[f]     Passenger terminal facilities, including taxi stands, bus, ferry and railroad passenger stations and similar uses.

[g]    Hotels and motels.

[h]    Wholesale outlet establishments.

[3]    Light industrial uses as follows:

[a]    Business, professional and governmental offices.

[b]    Wholesale offices and showrooms with accessory storage of goods.

[c]    Indoor storage and warehousing.

[d]    Light industrial manufacturing, such as but not limited to the following processes and products:

[i]     Apparel and finished products from fabrics and materials.

[ii]    Warehousing of finished products and materials for distribution.

[iii]   Electrical, heating, ventilating, air-conditioning, plumbing and refrigeration equipment sales and service businesses.

[iv]   Computer and/or electronic assembly, services or rental.

(b)    Permitted accessory uses:

[1]    Accessory uses as permitted in Article III, § 430-16B of this chapter.

[2]    Off street parking space, loading and ramp areas.

[3]    Indoor storage of goods incidental to the conduct of a retail business, provided that it is adequately screened as set forth in this chapter.

[4]    Uses accessory to permitted light industrial uses shall be as permitted in the M-1 Zone.

(c)    Conditional uses: all conditional uses permitted in Article III, § 430-16C of this chapter.

(d)   Prohibited uses:

[1]    All residential, commercial, institutional, industrial or any other uses not specifically permitted in this zone.

[2]    Billboards and painted exterior walls for use as a sign.

[3]    Boardinghouses and rooming houses.

[4]    Chemical, petroleum or bulk storage tanks.

(6)    Distribution of uses. The following distribution of permitted uses shall be required in relation to gross acreage, including riparian rights:

(a)    Residential: not less than fifty percent (50%) nor more than seventy percent (70%).

(b)    Commercial: not less than five percent (5%) nor more than ten percent (10%).

(c)    Light industrial: not less than five percent (5%) nor more than twenty percent (20%).

(d)   Marine recreation, public or private, or any combination thereof: not less than ten percent (10%).

(e)    Other open space exclusive of marine recreation, public or private, or any combination thereof: not less than ten percent (10%), of which one-half (1/2) shall be developed active recreation.

(7)    Lot and bulk regulations and design standards:

(a)    Plot and lot sizes and dimensions and the location and height of buildings, if meeting the standards of this chapter, may be freely arranged, provided that the construction conforms to a site plan approved by the Planning Board pursuant to this chapter.

(b)    Except when otherwise varied by the Planning Board for a planned unit development in accordance with the general conditions of this chapter, the minimum bulk and lot regulations shall be as set forth in the Bulk Schedule annexed hereto.

Editor's Note: The Bulk Schedule is included at the end of this chapter.

[1]    The bulk standards for tower apartment use shall comply with the R-M(H) Zone standards.

[2]    The bulk standards for townhouses shall comply with the R-M(T) Zone standards.

[3]    The bulk standards for garden apartments shall comply with the R-M(G) Zone standards.

[4]    Terrace homes shall comply with the terrace homes standards.

[5]    The bulk standards for commercial use shall comply with the C-1 Zone standards.

[6]    The bulk standards for light industrial use shall comply with the M-1 Zone standards.

[7]    Marina facilities and commercial marine repair facilities shall comply with the M-2 Zone standards.

(c)    Except when otherwise varied by the Planning Board for a planned unit development in accordance with the general conditions of this chapter, the permitted signs, parking, off-street loading and buffering standards and regulations shall be as set forth below:

[1]    Tower apartment standards and regulations shall comply with the R-M(H) Zone standards and regulations.

[2]    Townhouse standards and regulations shall comply with the R-M(T) Zone standards and regulations.

[3]    Garden apartment standards and regulations shall comply with the R-M(G) Zone standards and regulations.

[4]    Terrace homes standards and regulations shall comply with the terrace homes standards and regulations.

[5]    Commercial use standards and regulations shall comply with the C-1 Zone standards and regulations.

[6]    Light industrial use standards and regulations shall comply with the M-1 Zone standards and regulations.

[7]    Marina facilities and commercial marine repair facilities standards and regulations shall comply with the M-2 Zone standards and regulations.

(8)    Regulations for marinas.

(a)    All requirements of the United States Army Corps of Engineers, New Jersey Department of Environmental Protection and Energy, the United States Coast Guard and all other agencies of jurisdiction shall be met, and such compliance shall be documented to the municipal reviewing agency as a mandatory condition of a municipal approval.

(b)    Marina docking or mooring slips of at least three (3) different boat lengths and three (3) different boat widths shall be provided.

(c)    Within the marina development, at least ten percent (10%) of the marina slips shall be made available as an optional amenity for dwelling units constructed as part of the planned development.

(d)   If a boat launch ramp is to be provided or included in the marina design, one (1) boat trailer parking space twelve (12) feet in width by fifty (50) feet in length shall be provided on site for each three (3) dockage or moorage slips created.

(e)    Retail marine commercial usage shall occupy a minimum of one percent (1%) of the total nonresidential gross floor area constructed.

(f)    The marina facility shall permit a maximum of ten thousand (10,000) gallons of cumulative storage capacity for all types of petroleum products stored for any reason. Compliance with all federal and state regulations for the construction, storage, piping, venting, dispensing, etc., of fuel supplies shall be documented to the Reviewing Board by the applicant.

(g)    Boat slips for public rental shall be subject to the following conditions:

[1]    All slips for public rental shall be owned by the homeowners' association or another single entity.

[2]    If the entity which owns the rental slips is not the homeowners' association, said entity shall, as an express condition of site plan approval granted by the approving board, provide a declaration of restrictive and protective covenants in favor of the homeowners' association to provide that the property will be used exclusively for a marina and permitted related uses.

[3]    Said required covenants shall be recorded in the Middlesex County Clerk's office.

[4]    Said required covenants shall run with the land and shall not be modified except by ordinance of the municipality.

[5]    The homeowners' association or other owning entity shall provide for proper maintenance and trash collection on the marina property consistent with all ordinances of the City of Perth Amboy affecting public, quasi-public and private property.

[6]    The covenants required under this section shall give the homeowners' association the right to enforce compliance with Subsection G(8)(g)[5] above and the right to obtain a lien upon the marina property for the cost incurred in enforcing the covenants and/or providing such corrective work as may be necessary to provide compliance.

[7]    The required covenants shall also provide the homeowners' association a right of first refusal for any sale or condominium conversion of the marina property.

(h)   Sublet slips shall be leased on a yearly basis only.

(i)    The slips and marina can be sublet for management purposes for a period of up to twenty (20) years.

(j)    For each slip, there shall be provided one (1) parking space exclusive of other parking requirements.

(k)   Boats docked in slips may not be used as dwelling units.

(l)    Storage of boats may be permitted in a leased slip parking area between the period of October 1 to May 1. Boats shall be removed by May 1 either by the owner of the boat or the management. The storage area must be fenced, screened and buffered from the residential area to the full satisfaction of the requirements for parking area screening and buffering as otherwise required in this Subsection G.

(m)  No boat painting or sanding shall be permitted within two hundred (200) feet of a residential unit. No major engine work or overhauling of engines shall be permitted in the boat storage area. No rack storage system will be allowed to facilitate the storage of boats.

 

 

§ 430-17. H Hospital Zone.

   The following regulations shall apply to the H Hospital Zone:

A.   Permitted uses. All permitted principal uses in this zone shall be operated as nonprofit or for profit service institutions, such as but not limited to: [Amended 9-21-2005 by Ord. No. 1304-2005]

(1)    Medical, surgical, diagnostic, research, multiservice, convalescent, educational and integral support facilities, such as but not limited to hospital-associated laboratories, auditoriums, classrooms and recreational areas.

(2)    High-rise apartments and dormitories essential to the operation of the hospital complex, subject to all requirements as specified in the R-M(H) Zone.

(3)    Off-street parking lots and multilevel garages essential to the operation of the hospital complex.

(4)    Maintenance buildings, laundries, food preparation facilities, storage buildings and internal utility facilities essential to the operation of the hospital complex.

(5)    Administrative, staff and professional offices integral to and part of the medical complex.

(6)    Outpatient, ambulatory, diagnostic and specialized centers.

(7)    Medical professional offices. [Added 9-21-2005 by Ord. No. 1304-2005]

B.   Permitted accessory uses:

(1)    Cafeterias, gift shops, bookstores, newsstands and other similar convenience facilities located within an integrated part of the hospital structure.

(2)    Loading areas and ramp areas located within an integrated part of the hospital structure.

(3)    Storage areas for goods incidental to the conduct of the principal use located within an integrated part of the hospital structure.

(4)    Fences, walls and hedges.

C.   Conditional uses. Uses requiring a conditional use permit, subject to the provisions of Article VIII of this chapter:

(1)    Structures for public utilities and municipal services, as necessary, to provide adequate service and protection to the surrounding area.

(2)    Municipal buildings and municipal facilities deemed necessary and appropriate by the municipality.

D.   Bulk regulations. Bulk regulations shall be as specified in the Bulk Schedule attached to and made part of this chapter.11

E.   Signs. As permitted under Section 430-62 of this chapter. [Amended 9-21-2005 by Ord. No. 1304-2005]

F.   Parking and other requirements.

(1)    Minimum off-street parking:

(a)    Two (2) parking spaces per patient bed and one (1) parking space for each two (2) employees.

(b)    One (1) parking space for each dormitory or residential unit.

(c)    For medical professional offices, off-street parking must be provided at the rate of five (5) off-street parking spaces for each professional plus one (1) space for each staff member, or one (1) parking space for each one hundred (100) square feet of gross floor area, whichever is greater. [Added 9-21-2005 by Ord. No. 1304-2005]

(2)    Off-street loading berths: one (1) berth for each twenty thousand (20,000) square feet of floor area.

G.   Prohibited uses:

(1)    Any use that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, fumes, noise, vibration or similar nuisance substances or conditions is specifically prohibited.

(2)    Any use not contained within permitted principal, accessory or special exception uses of this district is prohibited.

(3)    Billboards or signs painted upon the side or rear walls of any principal or accessory building or structure.

(4)    Boarding- or rooming houses.

 

 

§ 430-18. C-1 Neighborhood Business Zone.

   The following regulations shall apply to the C-1 Neighborhood Business Zone:

A.   Permitted principal uses:

(1)    Retail business and personal service establishments which are clearly of a service character and needed for more or less daily shopping by persons residing nearby.

(2)    Service establishments dealing directly with consumers.

(3)    Business, professional and governmental offices, banks and fiduciary institutions.

B.   Permitted accessory uses:

(1)    One-family and two-family units, provided that these dwelling units do not occupy the first floor of any building and that the area devoted to the use does not exceed forty-nine percent (49%) of the total building floor area and that the minimum floor area of each dwelling is not less than seven hundred (700) square feet, gross.

(2)    Off-street parking space, loading and ramp areas.

(3)    Storage of goods incidental to the conduct of a retail business not exceeding ten percent (10%) of the gross lot area and not exceeding the permitted maximum impervious coverage requirement of this zone.

(4)    Fences, walls and hedges.

C.   Conditional uses. Uses requiring a conditional use permit, subject to the provisions of Article VIII of this chapter:

(1)    Structures for public utilities and municipal services as necessary to provide adequate service and protection to the surrounding area.

(2)    Quasi-public facilities.

(3)    Automotive filling stations, including automobile service stations, provided all service work is performed in enclosed garage facilities. [Amended 9-21-2005 by Ord. No. 1304-2005]

(4)    Clubs, social clubs. [Added 9-21-2005 by Ord. No. 1304-2005]

D.   Bulk regulations. Bulk regulations shall be as specified in the Bulk Schedule attached to and made part of this chapter.12

E.   Permitted signs. As permitted under Section 430-62 of this chapter.13 [Amended 9-21-2005 by Ord. No. 1304-2005]

F.   Parking and other provisions and requirements.

(1)    Off-street parking:

(a)    Off-street parking facilities, in addition to all other parking and off-street facilities required, shall be on the basis of one (1) space for every dwelling unit, in accordance with the provisions of this chapter.

(b)    Permitted business and service establishments: one (1) parking space for each two hundred (200) square feet of gross floor area of the establishment.

(c)    Public and private parking lots are permitted.

(d)   Banks: one (1) space for each one hundred (100) square feet of gross floor area. Off-street stacking for drive-through service (where permitted) shall be provided for ten (10) cars for each drive through service lane. [Amended 9-21-2005 by Ord. No. 1304-2005]

(e)    Restaurants: one (1) off-street parking space per each three (3) seats, plus one (1) off-street parking space per employee on the maximum shift.

(f)    For medical professional offices, off-street parking must be provided at the rate of five (5) off-street parking spaces for each professional plus one (1) space for each staff member, or one (1) parking space for each one hundred (100) square feet of gross floor area, whichever is greater. [Amended 9-21-2005 by Ord. No. 1304-2005]

(g)    Laundromat: one (1) parking space per each three (3) washing and one (1) parking space per each three (3) drying machines must be provided, or a minimum of one (1) space per seventy-five (75) square feet, whichever is greater. [Added 9-21-2005 by Ord. No. 1304-2005]

(h)   Nail/hair salons: one and one-half (1.5) parking spaces per each (1) station must be provided, or one (1) per one hundred (100) square feet of gross floor area, whichever is greater. [Added 9-21-2005 by Ord. No. 1304-2005]

(i)    Taverns: one (1) parking space per each two (2) seats must be provided. [Added 9-21-2005 by Ord. No. 1304-2005]

(j)    Discount centers: one (1) space for each one hundred fifty (150) square feet of gross floor area. [Added 9-21-2005 by Ord. No. 1304-2005]

(2)    Off-street loading. Off-street loading berths for all retail and commercial establishments having a gross floor area in excess of ten thousand (10,000) square feet: one (1) loading berth for every ten thousand (10,000) square feet or fraction thereof of gross floor area.

G.   Prohibited uses:

(1)    Any use that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse matter, coal or gas fumes, noise, vibrations or similar substances or conditions is specifically prohibited.

(2)    Billboards or signs painted upon the exterior side or rear walls of any principal or accessory building or structure. All signage to conform to Section 430-62 of this chapter. [Amended 9-21-2005 by Ord. No. 1304-2005]

(3)    Fast-food or drive-in type restaurants. [Amended 9-21-2005 by Ord. No. 1304-2005]

(4)    Adult bookstores. [Amended 9-21-2005 by Ord. No. 1304-2005]

H.   Additional regulations.

(1)    Where a nonresidential use is contiguous to a residential property, use or zone, there shall be a landscaped buffer strip along the perimeter of the property where it is contiguous to such residential property or zone. Such buffer strip shall be at least five (5) feet in depth measured from the residential property line. The five-foot width of the buffer strip shall be used as planting strip on which shall be placed a fence not to exceed six (6) feet in height and plant material (trees, shrubs and plants) a minimum of six (6) feet in height. At least fifty percent (50%) of all planted materials shall be of evergreen species. [Amended 9-21-2005 by Ord. No. 1304-2005]

(2)    All elevators included in any project within this zone shall provide adequate width and length within the elevator car and shall provide adequate elevator door width for use by any and all stretchers and such other victim transport utensils or other devices used by the Perth Amboy emergency services agencies.

 

 

§ 430-19. C-2 Central Business Zone.

   The following regulations shall apply to the C-2 Central Business Zone:

A.   Permitted principal uses:

(1)    Retail, business and personal service establishments, such as but not limited to clothing and clothing accessory shops, gift shops, jewelry, art and craft shops, photographic equipment and supply stores, seed and garden supply stores, shoe stores, sporting and athletic goods stores, stamp and coin stores, toy stores, florist shops, etc.

(2)    Storage of furniture, refrigerators and other large, bulky furnishings.

(3)    Retail uses and services.

(4)    Consumer, professional and commercial service establishments.

(5)    Wholesale establishments.

(6)    Hotels and motels.

(7)    Banks and other fiduciary institutions.

(8)    Eating and drinking places with entertainment, restaurants, bars, tap rooms and taverns, but not drive-in restaurants.

(9)    Indoor theaters only.

(10)  Funeral homes.

(11)  Residency hotels, with meals.

(12)  Passenger terminal facilities, including taxi stands, bus and railroad passenger stations and similar uses.

(13)  Business, professional and governmental offices.

(14)  All principal uses as permitted in the C-1 Zone. [Amended 9-21-2005 by Ord. No. 1304-2005]

B.   Permitted accessory uses:

(1)    Off-street parking space, loading and ramp areas.

(2)    Storage of goods incidental to the conduct of a retail business.

(3)    All accessory uses as permitted in the C-1 Zone. [Added 9-21-2005 by Ord. No. 1304-2005]

C.   Conditional uses. Uses requiring a conditional use permit, subject to the provisions of Article VII of this chapter:

(1)    High-rise tower residential multifamily uses which shall conform in all respects to all R-M(H) requirements of this chapter, provided that at least the first floor of any structure shall be devoted to commercial usage.

(2)    Structures for public utilities and municipal services as necessary to provide adequate service and protection to the surrounding area, subject to the provisions of this chapter.

(3)    Quasi-public buildings.

D.   Bulk regulations. Bulk regulations shall be as specified for the C-2 Zone in the Bulk Schedule attached to and made part of this chapter.14

E.   Permitted signs. As permitted under Section 430-62 of this chapter.15 [Amended 9-21-2005 by Ord. No. 1304-2005]

F.   Parking and other provisions and requirements.

(1)    Off-street loading. Off-street loading berths for all retail and commercial establishments having a gross floor area in excess of ten thousand (10,000) square feet: one (1) loading berth for every ten thousand (10,000) square feet or fraction thereof of gross floor area.

(2)    All elevators included in any project within this zone shall provide adequate width and length within the elevator car, and shall provide adequate elevator door width for use by any and all stretchers and such other victim transport utensils or other devices used by the Perth Amboy Emergency Services agencies.

G.   Prohibited uses:

(1)    All noncommercial uses, such as but not limited to residential, institutional or industrial uses not specifically permitted in this zone.

(2)    Those uses creating noxious or injurious effects from dust, smoke, refuse, fumes, glare, vibrations or any uses involving any danger of fire, explosion or offensive noise, odors, heat or other objectionable influences.

(3)    Billboards or signs painted upon the exterior side or rear walls of any principal or accessory building or structure. All signage to conform to Section 430-62 of this chapter. [Amended 9-21-2005 by Ord. No. 1304-2005]

(4)    Storefront churches, clubs, lodges, social clubs, and dance halls. [Amended 9-21-2005 by Ord. No. 1304-2005]

(5)    Any exterior storage of goods or materials.

(6)    Fast-food and drive-in restaurants.

(7)    Adult bookstores and amusement centers. [Amended 9-21-2005 by Ord. No. 1304-2005]

(8)    Automotive filling stations, automotive service stations, automotive sales and services, public garages, and automotive repair garages. [Amended 9-21-2005 by Ord. No. 1304-2005]

 

 

§ 430-20. C-3 Highway Commercial Zone.

   The following regulations shall apply to the C-3 Highway Zone:

A.   Permitted principal uses:

(1)    Regionally oriented retail shopping centers consisting of one (1) or more uses such as retail stores and shops, department stores, banks, restaurants, theaters, automobile sales and services and auditoriums 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.

B.   Permitted accessory uses:

(1)    Off-street parking spaces, parking garages and off-street loading areas.

(2)    Enclosed storage of goods incidental to the conduct of the retail business.

C.   Conditional uses. Uses requiring a conditional use permit, subject to the provisions of Article VIII of this chapter:

(1)    Structures for public utilities and municipal services as necessary to provide adequate service and protection to the surrounding area.

(2)    All principal uses permitted in the C-2 Zone, except the uses permitted in the C-1 Zone, and all bulk regulations for the permitted C-2 uses shall be the C-2 bulk regulations. [Amended 9-21-2005 by Ord. No. 1304-2005]

(3)    Automotive filling stations, automotive service stations, and automotive repair garages. [Amended 9-21-2005 by Ord. No. 1304-2005]

D.   Bulk regulations. Bulk regulations shall be as specified in the Bulk Schedule attached to and made part of this chapter.16

E.   Permitted signs. As permitted under Section 430-62 of this chapter.17 [Amended 9-21-2005 by Ord. No. 1304-2005]

F.   Parking and other provisions and requirements.

(1)    Off-street parking.

(a)    Public and private parking lots and parking garages shall be permitted.

(b)    For permitted commercial uses: one (1) parking space for each two hundred (200) square feet of gross floor area of the establishment plus the maximum number of employees on a shift.

(2)    Off-street loading. Off-street loading berths for all retail and commercial establishments having a gross floor area in excess of five thousand (5,000) square feet: one (1) loading berth for every five thousand (5,000) square feet or fraction thereof of gross floor area.

(3)    Not more than two (2) driveways of ingress or egress for parking areas shall be permitted for each five hundred (500) feet of frontage upon a public street, nor shall any driveway be located closer than one hundred (100) feet to the intersection of two (2) public streets. Acceleration and deceleration  lanes shall be provided in accordance with the standards of the New Jersey Department of Transportation (NJDOT).

(4)    A buffer area shall be established which shall include an area of land twenty-five (25) feet in width, as measured from all street or exterior property lines. Within the buffer area, no use, activity or sign shall be established other than driveways and directional signs. Said buffer shall contain berming of a minimum four (4) feet in height together with dense evergreen landscaping planted on ten-foot centers along said property line, with all plants having a minimum of six (6) feet in height at the time of planting.

G.   Prohibited uses:

(1)    All noncommercial uses, such as but not limited to residential and industrial uses.

(2)    Any use that may be noxious or injurious by reason of the production or emission of dust, smoke, refuse, matter, coal or gas fumes, noise, vibrations or similar substances or conditions.

(3)    Billboards or exterior wall signs. All signage to conform to Section 430-62 of this chapter. [Amended 9-21-2005 by Ord. No. 1304-2005]

(4)    Clubs. [Added 9-21-2005 by Ord. No. 1304-2005]

(5)    Adult bookstores. [Amended 9-21-2005 by Ord. No. 1304-2005]

 

 

§ 430-21. M-1 Light Industrial Zone. [Amended 9-21-2005 by Ord. No. 1304-2005]

   The following regulations shall apply to the M-1 Light Industrial Zone:

A.   Permitted principal uses:

(1)    Business, professional and governmental offices.

(2)    Research, experimental and testing laboratories.

(3)    Wholesale offices and showrooms with accessory storage of goods.

(4)    Screened storage and warehousing.

(5)    Light industrial manufacturing, such as but not limited to the following processes and products:

(a)    Food products manufacturing.

(b)    Apparel and finished products from fabrics and materials.

(c)    Warehousing of finished products and materials for distribution.

(d)   Electrical, heating, ventilating, air-conditioning, plumbing and refrigeration equipment sales and service businesses.

(e)    Computer and/or electronic assembly, services, or rental.

(f)    Bottling and packaging.

B.   Permitted accessory uses:

(1)    Off-street parking, loading and ramp areas.

(2)    The enclosed warehousing and storage of goods and products, produced on premises.

(3)    Garage space necessary to store any vehicles on the premises.

(4)    Railroads, sidings and facilities.

(5)    Above ground, screened space heating or fuel oil tanks for the specific use of structural heating for site use, not exceeding five thousand (5,000) gallons capacity, provided properly screened and design standards comply with local and state environmental standards.

(6)    Fences, walls and hedges not exceeding eight (8) feet in height.

C.   Conditional uses. Uses requiring a conditional use permit, subject to the provisions of Article VIII of this chapter.

(1)    Automotive filling stations, automotive service stations, public garages, and automotive repair garages.

(2)    Public utility facilities required to service utility consumers.

D.   Bulk regulations. Bulk regulations shall be as specified in the Bulk Schedule attached to and made part of this chapter.18

E.   Permitted signs. As permitted under Section 430-62 of this chapter.

F.   Parking and other provisions and requirements.

(1)    Off-street parking and loading.

(a)    Off-street parking space with appropriate access thereto shall be provided on the same lot as it is intended to serve, as follows:

[1]  Three (3) spaces for every one thousand (1,000) square feet of gross floor area of the establishment or one (1) space for each two (2) employees, whichever is greater.

[2]  Not more than two (2) two-way driveways, as means of ingress and egress for parking areas, shall be permitted for each five hundred (500) feet of frontage on a public street, nor shall any such driveway be located within one hundred (100) feet of the intersection of two (2) public streets.

[3]  Off-street parking areas for visitors and/or employees shall be designed to provide for a convenient flow of circulation. Dividing aisles shall be provided with one (1) shade tree of a type approved by the Municipal Engineer for each twenty-five (25) vehicular parking spaces.

(b)    Truck loading and unloading areas shall be provided to permit the transfers of goods and products in other than a public street, off-street parking area or required front yard area, at the rate of one (1) space for each fifteen thousand (15,000) square feet of gross floor area.

(c)    None of the above-required off-street parking or off-street unloading spaces may be applied to more than one (1) requirement, nor may any site serve more than one (1) function.

(2)    All uses permitted in this zone shall set aside twenty-five percent (25%) of the lot to be devoted to seeding, planting and retention of tree cover or other landscaping. This area shall be used for no other purpose, other than as a buffer area, as stipulated in this chapter.

(3)    All activities and processes shall take place within an enclosed building. Incidental storage out-of-doors shall be shielded from view from public streets and adjacent off-street parking areas by fencing, landscaping or other appropriate measures.

(4)    A buffer area of twenty-five (25) feet in width shall be established adjacent to any residential use or zone, a buffer area of ten (10) feet from the front lot line shall be established. Said buffer area shall provide a minimum of ten (10) feet in width of densely planted evergreen species to screen from exterior view the nonresidential activities on site.

G.   Prohibited uses:

(1)    Residences of any type.

(2)    Retail business of any type, except as otherwise specified.

(3)    Heavy industries or any other use that creates substantial amounts of offensive noise, vibrations, smoke, dust, odors, heat, glare or other objectionable influences and creates danger to the safety in the surrounding areas.

(4)    Religious institutions and schools and charitable and philanthropic institutions.

(5)    Refining, processing, distribution, transmission and storage of any gasoline or crude oil or the manufacture of bottled fuel gas or any of the principal products of the petro-chemical industry.

(6)    Billboards and painted exterior wall signs. All signage to conform to Section 430-62 of this chapter.

(7)    No use which may be toxic, lethal, hazardous, dangerous or injurious to the general health, safety and welfare of the general public shall be permitted in the M-1 Zone.

(8)    Storage tanks are specifically prohibited, except as otherwise noted in this section.

(9)    The manufacture of heavy chemicals, such as but not limited to mineral acids or other corrosives, ammonia, caustic soda and sulfuric acid.

(10)  The manufacture of cellulose products, resins, dye stuff, glue, vegetable, animal or mineral fats or oils, explosives, combustible gases, soap and other surfactants, fertilizers derived from animal origins, asphalt and tar products.

(11)  The manufacture or production of metals and alloys in ingot form; and matches, paints, oils, varnishes, lacquer, rubber or rubber products.

(12)  The slaughtering, tanning and/or processing animals or fowls.

(13)  The processing, sale, storage, auctioning or reclamation of junk of any kind, including automobile wrecking and/or storing; and recycable materials storage, processing or incineration.

(14)  The manufacturing or refining of asphalt; blast furnaces, boiler works and forge shops; the manufacture or processing of cork, fertilizer, linoleum or oil cloth and glue or gelatin, the tanning of hides and skins; slaughterhouses; and the manufacture of paint, oil or varnish.

(15)  The temporary or permanent manufacture, assembly for display, bulk storage or handling or transfer of fireworks, explosives, illuminating gas or poisonous gases.

(16)  Any use involving the storage or manufacture of radioactive materials.

(17)  Container Storage facilities, including inter-modal containers.

 

 

§ 430-22. M-2 Medium Industrial Zone. [Amended 9-21-2005 by Ord. No. 1304-2005]

   The following regulations shall apply to the M-2 Medium Industrial Zone:

A.   Permitted principal uses:

(1)    All principal uses permitted in the M-1 Light Industrial Zone.

(2)    Screened storage, subject to all yard bulk requirements and the standards of Section 430-21F(4).

(3)    Industrial manufacturing, such as but not limited to the following processes and products provided they are conducted inside enclosed buildings:

(a)    Food products.

(b)    Textile mill products.

(c)    Apparel and finished products from fabrics and materials.

(d)   Lumber and wood products.

(e)    Paper products.

(f)    Fabricated metal products.

(g)    Printing and publishing industries.

B.   Permitted accessory uses:

(1)    All accessory uses or buildings, the purpose of which is customarily incidental and subordinate to that of the principal uses permitted in this district, such as but not limited to:

(a)    Off-street parking, loading and ramp areas, railroad sidings and facilities.

(b)    The warehousing and screened storage of goods and products, which are used or produced on the premises.

(c)    Garage space necessary to store any vehicles on the premises.

(d)   Marine bulkheads, piers and docks, subject to receipt of all necessary federal, state and local approvals.

(2)    All accessory uses permitted in the M-1 Light Industrial Zone.

C.   Conditional uses. Uses requiring a conditional use permit, subject to the provisions of Article VIII of this chapter:

(1)    Public utility facilities required to serve utility consumers, provided such facilities are screened as required by the Planning Board in accordance with the standards of Section 430-21F(4).

(2)    Stone and clay manufacturing providing that the process is conducted indoors. The storage of products shall be fully screened in accordance with the standards of Section 430-21F(4).

(3)    All conditional uses permitted in the M-1 Light Industrial Zone.

D.   Bulk regulations. Bulk regulations shall be as specified in the Bulk Schedule attached and made part of this chapter.19

E.   Permitted signs. All signage to conform to Section 430-62 of this chapter.

F.   Parking and other provisions and requirements.

(1)    All requirements shall be as specified in the M-1 Zone, Section 430-21F.

G.   Prohibited uses:

(1)    All nonindustrial uses, such as but not limited to residential and commercial uses and services.

(2)    All natural and synthetic gas production, transfer, processing, storage or distribution.

(3)    Billboards and painted exterior walls signs. All signage to conform to Section 430-62 of this chapter.

(4)    Junkyards.

(5)    All tanks are specifically prohibited, except as otherwise noted in this section.

(6)    Uses involving the production of cement, concrete, gypsum, plaster or similar products such as brick cote.

(7)    No use which may be toxic, lethal, hazardous, dangerous or injurious to the general health, safety and welfare of the general public.

(8)    The manufacture of heavy chemicals, such as but not limited to mineral acids or other corrosives, ammonia, caustic soda and sulfuric acid.

(9)    The manufacture of cellulose products, resins, dye stuff, glue, vegetable, animal or mineral fats or oils, explosives, combustible gases, soap and other surfactants, fertilizers derived from animal originals, asphalt and tar products.

(10)  The manufacture or production of metals and alloys in ingot form; and matches, paints, oils, varnishes, lacquer, rubber or rubber products.

(11)  The slaughtering, tanning and/or processing animals or fowls.

(12)  The processing, sale, storage, auctioning or reclamation of junk of any kind, including automobile wrecking and/or storing; and recyclable materials storage, processing or incineration.

(13)  The manufacturing or refining of asphalt; blast furnaces, boiler works and forge shops; the manufacture or processing of cork, fertilizer, linoleum or oil cloth and glue or gelatin, the tanning of hides and skins; slaughterhouses; and the manufacture of paint, oil or varnish.

(14)  The temporary or permanent manufacture, assembly for display, bulk storage or handling or transfer of fireworks, explosives, illuminating gas or poisonous gases.

(15)  Any use involving the storage or manufacture of radioactive materials.

(16)  Container storage facilities, including inter-modal container storage, truck trailer storage, roll-off container storage or other similar container storage.

 

 

§ 430-23. M-3 Heavy Industrial Zone. [Amended 9-21-2005 by Ord. No. 1304-2005]

   The following regulations shall apply to the M-3 Heavy Industrial Zone:

A.   Permitted principal uses:

(1)    All permitted principal uses in the M-2 Zone.

(2)    All industrial or manufacturing uses not specifically prohibited under the provisions of this section.

B.   Permitted accessory uses:

(1)    All accessory uses permitted in the M-2 Zone.

C.   Conditional uses. Uses requiring a conditional use permit, subject to the provisions of Article VIII of this chapter:

(1)    Tanks for the storage of material, provided that the proposed tank installation and use conforms to all applicable federal, state, county, municipal and regional design and safety standards. [Amended 4-25-2011 by Ord. No. 1554-2011]

(a)    Buffer area shall be required at tank installations as stipulated in Article IX, Section 430-60CC.

(2)    Billboards.

D.   Bulk regulations. Bulk regulations shall be as specified in the Bulk Schedule attached to and made part of this chapter.20

20 Editor's Note: The Bulk Schedule is included at the end of this chapter.

E.   Permitted signs. All signage to conform to Section 430-62 of this chapter.

F.   Parking and other provisions and requirements.

(1)    Off-street parking shall be provided at the rate of three (3) spaces for each one thousand (1,000) square feet of gross floor area or one (1) space for each two (2) employees, whichever requirement is greater.

(2)    Off-street loading berths shall be provided for all buildings of fifteen thousand (15,000) square feet or fraction thereof of gross lot area.

(3)    Truck loading and unloading areas shall be provided in the amount necessary to permit the transfer of goods and products in other than a public street or required front yard area.

(4)    Not more than two (2) two-way driveways shall be permitted for each five hundred (500) feet of roadway frontage, nor shall any such driveway or access point be located within one hundred (100) feet of the intersection of two (2) public streets.

G.   Prohibited uses:

(1)    All nonindustrial uses, such as but not limited to residential and commercial uses and services.

(2)    Painted exterior wall signs. All signage to conform to Section 430-62 of this chapter.

(3)    Junkyards.

(4)    Reserved. [Repealed 4-25-2011 by Ord. No. 1554-2011]

(5)    All natural and synthetic gas production, transfer, processing, storage or distribution.

(6)    Uses involving the production of cement, concrete, gypsum, plaster, or similar products such as brick cote.

(7)    Container storage facilities, including inter-modal container storage, truck trailer storage, roll-off container storage or other similar container storage.

(8)    All  natural and synthetic gas production, transfer, processing, storage or distribution.

(9)    No use which may be toxic, lethal, hazardous, dangerous or injurious to the general health, safety and welfare of the general public shall be permitted in the M-3 Zone.

(10)  The manufacture of heavy chemicals, such as but not limited to mineral acids or other corrosives, ammonia, caustic soda and sulfuric acid.

(11)  The manufacture of animal fats or oils, explosives, combustible gases and fertilizers derived from animal originals. [Amended 4-25-2011 by Ord. No. 1544-2011]

(12)  The manufacture or production of metals and alloys in ingot form; and matches, paints, oils, varnishes, lacquer, rubber or rubber products.

(13)  The slaughtering, tanning and/or processing animals or fowls.

(14)  The processing, sale, storage, auctioning or reclamation of junk of any kind, including automobile wrecking and/or storing; and recyclable materials storage, processing or incineration.

(15)  Blast furnaces, boiler works and forge shops; the manufacture or processing of cork, fertilizer, linoleum or oil cloth and glue or gelatin, the tanning of hides and skins; slaughterhouses.

(16)  The temporary or permanent manufacture, assembly for display, bulk storage or handling or transfer of fireworks, explosives, illuminating gas or poisonous gases.

 

 

ARTICLE IV   Planning Board and Zoning Board of Adjustment

 

§ 430-24. Conflicts of interest.

A.   No member of the Planning Board or Zoning Board of Adjustment shall act on any matter in which he has, either directly or indirectly, any personal or financial interest. Whenever any such member shall disqualify himself from acting on a particular matter, he shall not continue to sit with the Board on the hearing of such matter nor participate in any discussion or decision relating thereto. Each member shall comply with the City Ethics Ordinance.

B.   Each member of the Planning Board and/or Zoning Board of Adjustment shall familiarize himself/herself with the Local Government Ethics Law (P.L. 1991, c. 29) as approved on February 20, 1991, and effective May 21, 1991.21 This Act concerns ethical conduct for officers and employees of local government. As defined at N.J.S.A. 40A:9-22.3g of this Act, a "local government officer" means any person, whether compensated or not, whether part-time or full-time:

(1)    Elected to any office of a local government agency;

(2)    Serving on a local government agency which has the authority to enact ordinances, approve development applications or grant zoning variances;

(3)    Who is a member of an independent municipal, county or regional authority; or

(4)    Who is a managerial executive or confidential employee of a local government agency, but shall not mean any employee of a school district or member of a school board.

C.   Each member shall comply with the provisions of the New Jersey Local Government Ethics Law.22

22Editor's Note: See N.J.S.A. 40A:9-22.1 et seq.

 

 

§ 430-25. Establishment of Planning Board.

A.   Establishment. There is hereby established, pursuant to N.J.S.A. 40:55D-23, in the City of Perth Amboy a Planning Board of nine (9) members consisting of the following four (4) classes:

(1)    Class I: The Mayor.

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

(3)    Class III: A member of the governing body, to be appointed by it.

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

B.   Terms of members.

(1)    The term of the member composing Class I shall correspond with his official tenure.

(2)    The term of the members composing Class II and Class III shall be for one (1) year or terminate at the completion of their respective terms of office, whichever comes first, except for a Class II member who is also a member of the Environmental Commission.

(3)    The term of a Class II or a Class IV member who is also a member of the Environmental Commission shall be for three (3) years or terminate at the completion of his term of office as a member of the Environmental Commission, whichever comes first.

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

(5)    The terms of all Class IV members first appointed pursuant to this chapter shall be so determined that, to the greatest practicable extent, the expiration of such terms shall be evenly distributed after their appointment as determined by resolution of the governing body. All Class IV members shall be appointed for terms of four (4) years except as otherwise herein provided.

(6)    All terms shall run from January 1 of the year in which the appointment was made, except as otherwise specified herein.

(7)    No member of the Planning Board shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.

C.   Alternate members. There shall be two (2) alternate members of the Planning Board who shall be appointed by the appointing authority and shall meet the qualifications of Class IV members of the Planning Board. Said alternates shall be designated at the time of their appointment as Alternate No. 1 and Alternate No. 2. The terms of the alternate members shall be for two (2) years, except that the terms of the alternate members shall be such that the term of not more than one (1) alternate member shall expire in any one (1) year. A vacancy occurring otherwise than by expiration of term shall be filled by the approving authority for the unexpired term only. Alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

D.   Removal from office. No member or alternate member shall be permitted to act on any matter on which he has either directly or indirectly any personal or financial interest. Any member or alternate member may, after public hearing if he requests one, be removed by the governing body for cause.

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

F.   Organization of Board The Planning Board shall elect a Chairman and Vice Chairman from the members of Class IV, select a Secretary, who may be a member of the Planning Board or a municipal employee, and create and fill such other offices as established by chapter.

G.   Planning Board Attorney. There is hereby' created the position of Planning Board Attorney. The Planning Board shall annually appoint and fix the compensation of the Planning Board Attorney for all legal services, including but not limited to regular and special meetings of the Board, litigation and such other legal services as may be deemed necessary by the Board. The Board Attorney shall be an attorney other than the Municipal Attorney. The Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.

H.   Expert staff. The Planning Board may also employ or contract for the services of a Planning Consultant and his staff and other services as it may deem necessary. The Board shall not, however, exceed, exclusive of gifts or grants, the amount appropriated by the governing body for its use.

I.    Powers of the Planning Board. The Planning Board is authorized to adopt bylaws governing its procedural operation. It shall also have the following powers and duties:

(1)    To create and adopt, and from time to time amend, a Master Plan for the physical development of the municipality, including in its consideration areas outside its boundaries which in the Board's judgment bear essential relation to the planning of the city, in accordance with provisions of N.J.SA 40:55D-1 et seq.

(2)    To administer the provisions of this chapter in accordance with the provisions of said chapter and with N.J.SA 40:55D-1 et seq.

(3)    To participate in the preparation and review of programs or plans required by state or federal law or regulations.

(4)    To assemble data on a continuing basis as part of a continuing planning process.

(5)    To annually prepare a program of municipal capital improvements and projects projected over a term of six (6) years, and amendments thereto, and recommend the same to the governing body.

(6)    To consider and report to the governing body within thirty-five (35) days after referral as to any proposed development regulations submitted to it pursuant to the provisions of N.J.SA 40:55D-26b.

(7)    The Planning Board, when reviewing applications for approval of subdivision plans, site plans or conditional uses, shall have the power to grant, to the same extent and subject to the same restrictions as the Board of Adjustment, provided that no variance under N.J.SA 40:55D-70d is required:

(a)    Variances, pursuant to Section 57C of P.L. 1975, c. 291 (N.J.S.A. 40:55D-70c), from lot area, lot dimension, setback and yard requirements, etc.

(b)    Direction, pursuant to Section 25 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-34), for issuance of a permit for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved pursuant to Section 23 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-32), on the Official Map, if it is satisfied that:

[1]    The parcel or parcels of land cannot yield a reasonable return to the owner unless a building permit is granted.

[2]    The building or structure will increase the cost of opening such street as little as practicable or will tend to cause a minimum of change to the Official Map. In directing the issuance of such permit, the Board shall impose reasonable requirements as a condition of granting the permit, so as to promote the health, morals, safety and general welfare of the public.

(c)    Direction, pursuant to Section 27 of P.L. 1975, c. 291(N.J.S.A 40:55D-36), for the issuance of a permit for a building or structure not related to a street where it is satisfied that:

[1]    If the permit is not granted, practical difficulty or unnecessary hardship would result.

[2]    The circumstances of the case do not require the building or structure to be related to a street. The Board may direct the issuance of such a permit subject to conditions that will provide adequate access for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the Official Map or on a general circulation plan element of the Municipal Master Plan.

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

(8)    Advisory duties. The Planning Board shall perform such other advisory duties as are assigned to it by ordinances or resolution of the city for the aid and assistance of the city or other municipal agencies and officers.

(9)    Informal review. At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for a development. The developer shall not be required to submit any fees for such informal review. The developer shall not be bound by any concept plan for which review is requested, and the Planning Board shall not be bound by any such review.

J.    Minor Subdivision Committee. The Chairman of the Planning Board shall establish a Minor Subdivision Committee to review applications for development of minor subdivisions. The Committee shall have the power to determine, on behalf of the Board, whether an application for development conforms to the definition of "minor subdivision" in this chapter. The Committee shall also have the power to approve those applications which so conform, whether unconditionally or conditioned on terms ensuring the provisions of improvements.

K.   Citizen's Advisory Committee. The Mayor may appoint one (1) or more persons as a Citizen's Advisory Committee to assist or collaborate with the Planning Board in its duties, but such person or persons shall serve at the pleasure of the Mayor.

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

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

N.   Technical Advisory Committee.

(1)    There is hereby established a Technical Advisory Committee which shall review new applications for development or informal reviews referred to it by the Planning Board or the Zoning Board of Adjustment. The Committee shall consist of the City Engineer, the City Planner/Planning Consultant, the Fire Inspector, a representative of the Police Department designated by the Chief of Police, the Zoning Officer, the Chairman of Economic Development and Planning Committee, the City Administrator and such other subcode officials or other employees or officials designated by the governing body. The City Administrator shall chair the Technical Advisory Committee or, in his absence, such person designated as temporary Chairman.

(2)    The Technical Advisory Committee shall have the following duties and responsibilities:

(a)    To acquaint the applicant with the substantive and procedural requirements of the subdivision and site plan ordinance.

(b)    To provide for an exchange of information regarding the proposed development plan and applicable elements of the Master Plan, this chapter and other development requirements.

(c)    To advise the applicant of any public sources of information that may aid the application.

(d)   To otherwise identify policies and regulations that create opportunities or pose significant constraints for the proposed development.

(e)    To review any proposed concept plans and consider opportunities to increase development benefits and mitigate undesirable project consequences.

(f)    To provide input into the general design of the project.

(3)    The Committee shall advise the applicable Board of its findings and recommendations prior to the meeting at which the application is to be considered.

 

 

§ 430-26. Establishment of Zoning Board of Adjustment.

A.   Establishment; composition.

(1)    A Zoning Board of Adjustment is hereby established pursuant to N.J.S.A. 40:55D-69 et seq. consisting of seven (7) residents of the City of Perth Amboy, and who shall be appointed by the Council of the City of Perth Amboy to serve four-year terms. The full term of a regular member shall commence on the first day of July and terminate on the final day of June four (4) years thereafter. [Amended 7-2-1996 by Ord. No. 846-96; Ord. No. 1026-2011 by Ord. No. 1613-2011]

(2)    No member of the Zoning Board of Adjustment may hold any elective office or position under the municipality.

(3)    A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.

(4)    No member of the Zoning Board of Adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.

B.   Alternate members.

(1)    There shall be two (2) alternate members of the Board of Adjustment appointed by the Council of the City of Perth Amboy. The alternate members shall be designated at the time of appointment by the Council of the City of Perth Amboy as Alternate No. 1 and Alternate No. 2. The terms of the alternate members shall be for two (2) years. The full term of an alternate member shall commence on the first day of January and terminate on the final day of December two (2) years thereafter. [Amended 7-2-1996 by Ord. No. 846-96; Ord. No. 10-26-2011 by Ord. No. 1613-2011]

(2)    The alternate members may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.

(3)    No alternate member of the Board of Adjustment shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest.

C.   Removal from office. A member or alternate member may, after a public hearing if he requests one, be removed by the governing body for cause.

D.   Officers. The Board of Adjustment shall elect a Chairman and Vice Chairman from its members and shall also select a Secretary, who may be either a Board member or another municipal employee.

E.   Board of Adjustment Attorney. There is hereby created the position of Attorney to the Zoning Board of Adjustment, appointed by the Zoning Board of Adjustment. The Zoning Board of Adjustment shall annually appoint and fix the compensation of the Zoning Board of Adjustment Attorney for all legal services, including but not limited to regular and special meetings of the Board, litigation and such other legal services as may be deemed necessary by the Board. The Board Attorney shall be an attorney other than the Municipal Attorney or Planning Board Attorney. The Board shall not, however, exclusive of gifts or grants, exceed the amount appropriated by the governing body for its use.

F.   Expert staff. The Zoning Board of Adjustment may also employ or contract for a Planning Consultant and his staff and other expert services as it may deem necessary. The Board shall not authorize expenditures which exceed, exclusive of all gifts or grants, the amount appropriated by the governing body for its use.

G.   Rules and regulations. The Board shall adopt bylaws governing its procedural operation and such rules and regulations as may be necessary to carry into effect the provisions and purposes of this chapter. In the issuance of subpoenas, administration of oaths and taking of testimony, the provisions of the County and Municipal Investigations Law of 1953 (N.J.SA.2A:67A-1 et seq.) shall apply.

H.   Powers of the Zoning Board of Adjustment. The Board of Adjustment shall have such powers as are granted by law to:

(1)    Hear and decide appeals where it is alleged by the appellant that there is an error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of this chapter.

(2)    Hear and decide requests for interpretation of the Zoning Map or this chapter or for decisions upon other special questions upon which such Board is authorized to pass by this chapter.

(3)    Variances.

(a)    Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or physical features uniquely affecting a specific piece of property or by reason of an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to Article III of this chapter would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship.

(b)    Where in an application or appeal relating to a specific piece of property the purposes of this chapter would be advanced by a deviation from this chapter, and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Article III of this chapter; provided, however, that no variance from those departures enumerated in Subsection H(4) of this section shall be granted under this subsection; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use, in conjunction with which the Planning Board has power to review a request for a variance pursuant to Article IV, §430-25I.

(4)    Grant of variance.

(a)    In particular cases and for special reasons, grant a variance to allow departure from regulations to permit:

[1]    Use or principal structure in a district restricted against such use or principal structure.

[2]    An expansion of a nonconforming use.

[3]    Deviation from a specification or standard pursuant to Section 54 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-67), pertaining solely to a conditional use.

[4]    An increase in the permitted floor area ratio as defined in Section 3.1 of P.L. 1975, c.291(N.J.SA 40:55D-4).

[5]    An increase in the permitted density as defined in Section 3.1 of P.L. 1975, c.291 (N.J.S.A. 40:55D-4), except as applied to the required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision. A variance under this subsection shall be granted only by affirmative vote of at least five (5) members.

(b)    No variance or other relief may be granted under the provisions of this section unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and this chapter.

(c)    Any application under this section may be referred to any appropriate person or agency for its report, provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.

I.    Additional powers. In addition, the Zoning Board of Adjustment shall have the power given by law to:

(1)    Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or structure in the bed of a mapped street or public drainageway, flood control basin or public area reserved on the Official Map, when it is satisfied that the parcel or parcels of land cannot yield a reasonable return to the owner unless a building permit is granted and the building or structure will increase the cost of opening such street as little as practicable or will tend to cause a minimum change of the Official Map. In directing the issuance of said permit, the Board shall impose reasonable requirements as a condition of granting the permit so as to promote the health, morals, safety and general welfare of the public, pursuant to N.J.S.A. 40:55D-76, Subsection a(1).

(2)    Direct issuance of a permit for a structure without access to a street where it is satisfied that if the permit is not granted practical difficulty or unnecessary hardship would result and the circumstances of the case do not require the building or structure to be related to a street. The Board may direct the issuance of such a permit subject to conditions that will provide adequate access for firefighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and that will protect any future street layout shown on the Official Map or on a general circulation plan element of the Municipal Master Plan pursuant to N.J.S.A. 40:55D-76, Subsection a(2).

(3)    Grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to N.J.S.A. 40:55D-37 or conditional use approval pursuant to N.J.S.A. 40:55D-67 whenever the Board is reviewing an application for approval of a use variance pursuant to N.J.S.A. 40:55D-70d.

(4)    The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon the grant of all required subsequent approvals by the Zoning Board of Adjustment, consistent with N.J.S.A. 40:55D-76.

J.    Appeals and application.

(1)    Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of an administrative officer of the municipality based on or made in the enforcement of this chapter or Official Map. Such appeal shall be taken within twenty (20) days by filing a notice of appeal with the officer from whom the appeal is taken specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed was taken.

(2)    A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to an administrative officer.

K.   Modification on appeal. The Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all the powers of the administrative officer from whom the appeal is taken.

L.   Stay of proceedings by appeal. An appeal to the Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the officer from whose action the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.

M.  Time for decision. The Board of Adjustment shall render its decision not later than one hundred twenty (120) days after the date an appeal is taken from the decision of an administrative officer or after the submission of a complete application for development to the Board pursuant to the provisions of N.J.S.A. 40:55D-72b, or within such further time as may be consented to by the applicant. Failure of the Board to render a decision within such period shall constitute a decision favorable to the applicant. In the event that the developer submits separate consecutive applications, pursuant to Subsection I(4), the aforesaid time period shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Board to render a decision within the prescribed period shall constitute a decision favorable to the applicant.

N.   Expiration of variance. Any variance from the terms of this chapter hereafter granted by the Board of Adjustment permitting the erection or alteration of any structure or structures or permitting a specified use of any premises shall expire by limitation within one (1) year from the date of entry of the judgment or determination of the Board of Adjustment, unless the applicable construction permits have been obtained or the permitted use has actually been commenced by that date; except, however, that the running of the period of limitation herein provided shall be tolled from the date of filing an appeal from the decision of the Board of Adjustment to the governing body or to a court of competent jurisdiction until the termination in any manner of such appeal or proceeding.

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

 

 

§ 430-27. Application procedure.

A.   All applications for development shall be filed with the administrative officer. At the time of filing of the application, the applicant shall also file the fee, a completed checklist as set forth in the schedule of forms attached to and made part of this chapter,23 any request for waiver and any and all maps required by this chapter. The applicant shall obtain all necessary forms from the administrative officer.

B.   Upon receipt of an application for development, the administrative officer shall forward, within seventy-two (72) hours of receipt, one (1) copy of the submitted material to the approving board Secretary, as well as to the Board Engineer, the Board Planner, the Board Attorney, the Police Department Traffic Safety Bureau, the Fire Code Official and such other agencies of the municipality as may be designated by each approving board. It shall remain the responsibility of the applicant for applications and submission of all required documents to such other agencies as may have jurisdiction, including any/all county, regional, state or federal agencies with jurisdiction.

23Editor's Note: The checklist is on file in the Clerk's office.

 

 

§ 430-28. Completeness review.

A.   The administrative officer, with input as required from Board professionals, if all submission requirements have been met, will deem the application complete and issue a certificate of completeness and forward the application to the municipal agency for hearing.

B.   An application for development shall be deemed to be properly submitted unless the administrative officer, with input as required from Board professionals, determines that it does not fulfill the criteria for a complete application pursuant to this chapter and the administrative officer has done the following.

(1)    Provided the applicant with a checklist24 indicating the criteria for a complete application.

24Editor's Note: The checklist is on file in the Clerk's office.

(2)    Notified the applicant in writing of the deficiencies of the submittal applications within forty-five (45) days of such application.

C.   The application shall be deemed complete by operation of statute within forty-five (45) days of the date of its submission if the municipal reviewing board, or its authorized committee or designee, does not certify the application to be incomplete.

D.   The applicant may request relief from one (1) or more of the submission requirements. The request must be in writing stating the reason therefor. The reviewing board, or its authorized committee or designee, shall grant or deny the request within forty-five (45) days of the request.

E.   The administrative officer, with the consent of the appropriate Board Chairman and/or Secretary, shall assign a hearing date and notify the applicant of the same within five (5) days of the application being deemed complete. Notice to the applicant shall be in writing by regular mail. Upon receipt of a date for hearing, the applicant shall proceed to give proper notice of the hearing and comply with all other provisions of this chapter and the Municipal Land Use Law25. No hearing date shall be assigned until an application has been deemed complete.

25 Editor's Note: See N.J.S.A. 40-55D-1.

 

 

§ 430-29. Staff review of applications.

A.   The Board Engineer, the Board Planner, the Police Traffic Safety Bureau, the Fire Code Official and such other municipal agencies as may be designated by each approving board shall review applications for development for site plans, subdivisions and conditional uses and shall advise the Planning Board and/or the Board of Adjustment and the applicant of any technical deficiencies, required changes and/or recommended changes as perceived from their respective areas of expertise. Copies of revised plans and attachments which correct all deficiencies, incorporate all required changes and satisfactorily consider all recommended changes shall be submitted to the administrative officer for further review as required.

B.   Copies of the individual staff reviews shall be completed and submitted to the administrative officer seven (7) days in advance of the scheduled hearing date for each application.

C.   The administrative officer shall distribute one (1) copy of each staff report received on each application to each approving board member for their use and review at least seventy-two (72) hours in advance of the scheduled hearing date of each application.

 

 

§ 430-30. Meetings.

A.   Meetings of both the Planning Board and Zoning Board of Adjustment shall be scheduled no less than once a month, and any meeting so scheduled shall be held as scheduled unless canceled for lack of applications for development to process. Each Board shall fix the time and place for holding all meetings.

B.   Special meetings may be provided for at the call of the Chairman or on the request of any two (2) Board members, which shall be held on notice to its members and the public in accordance with all applicable legal requirements.

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

D.   All actions shall be taken by majority vote of quorum except as otherwise required by any provision of Chapter 291 of the laws of 1975 (see N.J.S.A. 40:55D-1 et seq.).

E.   All regular meetings and all special meetings shall be open to the public. Notice of all such meetings shall be given in accordance with the requirements of the Open Public Meetings Act, Chapter 231 of the Laws of 1975 (see N.J.S.A. 10:4-6 et seq.).

F.   An executive session for the purpose of discussing and studying any matters to come before either Board shall not be deemed a regular or special meeting in accordance with the provisions of N.J.S.A. 40:55D-9.

 

 

§ 430-31. Minutes.

   Minutes of every regular or special meeting shall be kept and shall include the names of the persons appearing and addressing the Board and of the persons appearing by attorney, the action taken by the Board, the findings, if any, made by it and reasons therefor. The minutes shall thereafter be made available for public inspection during normal business hours at the office of the City Clerk. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceeding concerning the subject matter of such minutes. Such interested party may be charged a reasonable fee as provided in Article VI for reproduction of the minutes for his use as provided for in the rules of the Board.

 

 

§ 430-32. Fees and documents.

   Fees, forms and any other required documents for applications or for the rendering of any service by the Planning Board or Zoning Board of Adjustment or any member of their administrative staffs which are not otherwise provided for by ordinance may be provided for and adopted as part of the rules of the Board, and copies of said rules or of the separate fee and submission schedule shall be made available to the public.

 

 

§ 430-33. Hearings.

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

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

C.   Rules. The Planning Board and Zoning Board of Adjustment may make rules governing the conduct of hearings before such bodies, which rules shall be consistent with the provisions of N.J.S.A. 40:55D-1 et seq. or of this chapter.

D.   Oaths. The officer presiding at the hearing or such person as he may designate shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant evidence, including witnesses and documents presented by the parties, and the provisions of the County and Municipal Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall apply.

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

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

G.   Records. Each Board shall provide for the verbatim recording of the proceedings by either stenographer, mechanical or electronic means. The Board shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense, subject to the requirements as set forth in Article VI.

H.   Requirements for a certified shorthand reporter. A certified shorthand reporter may be provided by an applicant at his expense for a major subdivision, major site plan or use variance application before a municipal agency. The applicant shall provide a certified copy of the transcript of the proceedings to the municipal agency at his expense. In the event that an applicant shall provide a certified shorthand reporter for any other type of application before a municipal agency, the applicant shall provide a copy of the transcript to the municipal agency if requested or, in the event of a court case, at his own expense.

I.    Voting eligibility. A member or alternate member of a municipal agency who was absent for one (1) or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his or her absence from one (1) or more of the meetings; provided, however, that such Board member or alternate member has available to him or her the transcripts or recordings of all of the hearings from which he or she was absent and certifies in writing to the municipal agency that he or she has read such transcript or listened to such recording.

 

 

§ 430-34. Notice requirements for hearings.

A.   Whenever a hearing is required on an application for development pursuant to N.J.S.A. 40:55D-1 et seq., the applicant shall give notice thereof as follows:

(1)    Public notice shall be given by publication in the official newspaper of the municipality at least ten (10) days prior to the date of the hearing.

(2)    Notice shall be given to the owners of all real property, as shown on the current tax duplicate or duplicates, located within two hundred (200) feet in all directions of the property which is the subject of such hearing and whether located within or without the municipality in which the applicant's land is located. Such notice shall be given by serving a copy thereof on the owner as shown on said current tax duplicate or his agent in charge of the property or by mailing a copy thereof as shown on said tax duplicate. A return receipt is not required. Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its President, a Vice President, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust or homeowners' association, because of its ownership of common elements or area located within two hundred (200) feet of the property which is the subject of the hearing, may be made in the same manner as to a corporation without further notice to unit owners, co-owners or homeowners on account of such common elements or areas.

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

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

(5)    Notice shall be given by personal service or certified mail to the New Jersey Commissioner of Transportation of a hearing on an application for development of property adjacent to a state highway.

(6)    Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds one hundred and fifty (150) acres or five hundred (500) dwelling units. Such notice shall include a copy of any maps or documents required to be on file with the administrative officer pursuant to Section 6b of Chapter 291 of the Laws of 1975 (see N.J.S.A. 40:55D-10).

B.   All notices hereinabove specified in this section shall be given at least ten (10) days prior to the date fixed for hearing, and the applicant shall file an affidavit of proof of service with the approving board holding the hearing on the application for development.

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

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

 

 

§ 430-35. List of property owners furnished.

   Pursuant to the provisions of N.J.S.A. 40:55D-12c, the City Tax Assessor shall, within seven (7) days after receipt of a request therefor, make and certify a list from the current tax duplicate of names and addresses of owners to whom the applicant is required to give notice. A fee not to exceed twenty-five cents ($0.25) per name or ten dollars ($10.), whichever is greater, shall be charged for such list.

 

 

§ 430-36. Decisions; appeals.

A.   Each decision on any application for development shall be set forth in writing as a resolution of the Board, which shall include findings of fact and legal conclusions based thereon and shall be memorialized by resolution adopted at a meeting held not later than forty-five (45) days after the date of the meeting at which the reviewing agency voted to grant or deny approval. Only members of the Board who voted for the action taken may vote on the memorializing resolution.

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

C.   The following shall apply to adoption of the resolution of memorialization:

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

(2)    The vote of a majority of those eligible members who are present at the meeting at which the resolution of memorialization is presented for adoption shall be sufficient to adopt the resolution of memorialization.

D.   Appeals to Superior Court. Any interested party may appeal to the Superior Court any final decision of the Planning Board/Board of Adjustment approving/denying an application for development pursuant to N.J.S.A. 40:55D-1 et seq. Such appeal shall be made within ten (10) days of the date of publication of such final decision in accordance with the provision of N.J.S.A. 40:55D-17.

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

 

Time Period

Type of Application

(days)

Site plans, minor

45

Preliminary approval

 

   10 acres or less or 10 units or less

45

   More than 10 acres or 10 units

95

Final approval

45

Subdivisions, minor

45

Preliminary approval

 

   10 lots or less

45

   More than 10 lots

95

Final approval

45

Conditional use authorization

95

Variance

120

Appeal from the decision of a

120

   municipal officer

 

Direction for issuance of a

120

   Building permit

 

 

 

§ 430-37. Conditional approval.

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

B.   In the event that development proposed by an application for development requires an approval of a governmental agency other than the approving board, the approving board shall, in appropriate instances, condition its approval upon the subsequent approval of such governmental agency, provided that the approving board shall make a decision on any application for development within the time period provided in this chapter and N.J.S.A. 40:55D-1 et seq. or within an extension of such period as has been agreed to by the applicant, unless the approving board is prevented or relieved from so acting by the operation of law.

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

D.   The approving board may impose such other conditions as it deems appropriate.

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

 

 

§ 430-38. Tolling of running period of approval.

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

 

 

§ 430-39. Certificates of occupancy; permits.

A.   New uses.

(1)    No building, structure or land shall be occupied or used until such time as a certificate of occupancy is issued by the Building Inspector. Such certificate shall be issued upon application by the owner, prospective occupant or purchaser only after the Building Inspector determines that the facts represented on the application are correct and that the building, structure or use is in conformance with the provisions of this chapter, the Building Code26 and other codes and ordinances affecting construction and occupancy. [Amended 9-21-2005 by Ord. No. 1304-2005]

(2)    A temporary certificate of occupancy may be issued for any structure or use for which site plan approval has been secured but not all conditions of approval have been complied with. The Planning Board shall approve the issuance of terms of any temporary certificate of occupancy.

B.   Existing uses.

(1)    Existing at time of passage of chapter. Upon written request from the owner, tenant, occupant or purchaser under contract, the Building Inspector, after inspection, shall issue an occupancy permit for a use legally existing at the time of passage of this chapter certifying the extent and kind of use and whether any such existing use conforms to the provisions of this chapter.

(2)    Nonconforming uses or structures. No change or extension of use and no alterations shall be made in a nonconforming structure, use or premises which requires a variance without an occupancy permit having first been issued by the Zoning Officer or his designee, stating that such change, extension or alteration is in conformity with the provisions of this chapter or that the same has been permitted by the action of the appropriate Board. [Amended 9-21-2005 by Ord. No. 1304-2005]

C.   Change of use.

(1)    Whenever there occurs a change in the use of a building, structure or land, a new occupancy permit shall be applied for to ensure compliance with all applicable codes and ordinances.

(2)    For the purpose of this section, "change in use" shall be broadly construed and shall, for example, include substitution of one (1) type of retail trade use for another and of a particular industrial manufacturing use for another. A certificate of occupancy shall be obtained for each and every change of commercial or industrial occupancy. The Building Inspector may issue such certificate if he determines that the requirements of this chapter and of any other applicable federal, state, county or municipal rules, laws or regulations concerning the proposed occupancy do not differ from those of the previous occupancy.

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

E.   Improvement requirement. No certificate of occupancy shall be issued for any use or building involving the installation of utilities or street improvements, parking areas, buffer areas, storm drainage facilities or the alteration of the existing grade on a lot unless the Municipal Engineer shall have certified, where applicable, that all utilities and drainage, grading of streets, sidewalks, curbing, parking areas, streets, buffer areas, grading of lots, public water supply, street signs, traffic control services, etc., affecting the proposed lot, building or use and required under the terms of site plan approval or tentative approval of a preliminary plat or by federal, state, county or municipal rules, regulations or laws shall have been installed.

 

 

§ 430-40. Records.

   It shall be the duty of the Building Inspector to keep a record of all applications for building permits, a record of all permits issued and a record of all certificates of occupancy which he countersigns, together with a notation of all special conditions involved. He shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for use by the officials of the municipality. The Building Inspector shall prepare a monthly report for the Municipal Council summarizing for the period since the last report all zoning permits and certificates countersigned by him and all complaints of violations and the action taken by him consequent thereon. A copy of such report shall be filed with the Municipal Tax Assessor at the same time it is filed with the Municipal Council.

 

 

§ 430-41. Application of regulations.

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

A.   Subdivision of land.

B.   Issuance of a development permit or a building permit.

C.   Commencement of any regulated use or activity which includes:

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

(2)    The subdivision or resubdivision of any land.

(3)    Any activity which entails the construction of any improvements or the alteration of the natural condition of any land.

(4)    Installation of aboveground or underground utilities.

 

 

§ 430-42. Conditioned approvals.

   If approval is granted conditioned upon the subsequent approval of another government agency and such government agency requires revisions in the plat which alter the layout and/or design standards approved by the Planning Board or Board of Adjustment to an extent that the Board determines that the basis upon which the approval was granted has been changed, the applicant shall be required to receive revised approval from the Planning Board or Board of Adjustment and pay the fees for such revised approval set forth in Article VI.

 

 

§ 430-43. Board action.

   In acting upon an application for development for a use variance, a subdivision or a site plan, the Planning Board and/or Board of Adjustment shall consider whether the submittal complies with the following standards and regulations:

A.   The proposed use is consistent with the Master Plan.

B.   The plat submission contains all of the information and data required by this chapter.

C.   Adequate provision has been made for the details and improvement standards of this chapter.

D.   Adequate provision has been made for safe and convenient vehicular traffic access, circulation and parking.

E.   Adequate provision has been made for safe and convenient pedestrian circulation.

F.   Ingress and egress for the site will not unduly impede or obstruct the flow of traffic on public streets.

G.   Adequate provision has been made for the collection and disposal of stormwater runoff, and the proposed drainage facilities have been approved by the Municipal Engineer.

H.   Adequate provision has been made to screen adjoining residential properties from any adverse effects that might result from outdoor lighting, buildings, parking areas, loading areas, refuse storage areas, recreation areas, equipment areas, bulk storage areas or similar utilities or structures located on the site.

I.    Adequate provision has been made for compliance with the performance standards of this chapter.

J.    Adequate provision has been made to provide structures and uses of a quality and design which will not produce adverse effects on existing developments in the surrounding area or future uses designated for the surrounding area in the Master Plan.

K.   The proposed development is compatible with adjacent and nearby parcels of land.

L.   The proposed development is compatible with environmental conditions and/or conditions of the site and nearby parcels of land.

 

 

§ 430-44. Informal review.

   At the request of the developer, the approving board shall grant an informal review of a concept plan for a development, which the developer intends to prepare and submit as an application for development. The developer shall submit any fees required in Article VI for such an informal review. The developer shall not be bound by any concept plan for which review is requested, and the approving board shall not be bound by any such review. Such review shall be limited to planning concepts, and no written reaction to the review shall normally be provided by the board.

 

 

§ 430-45. Issuance of development permit.

   Approvals of all applications for development shall not be valid until all the following have taken place:

A.   The Municipal Engineer shall certify that all conditions of approval have been satisfied.

B.   In the case of applications for development for site plans and subdivisions, the applicant shall submit a reproducible original of the plat for the signature of the Chairman and Secretary of the Planning Board or Board of Adjustment and Municipal Engineer as required herein.

C.   The applicant shall provide six (6) copies of the plat and attachments. After the signature, the administrative officer shall have the original and all copies signed and shall return the reproducible original of the plat and attachments to the applicant within ten (10) days of signature. One (1) copy shall be retained in the files of the administrative officer, two (2) copies shall be retained in the files of the Municipal Engineer, one (1) copy shall be retained in the files of the Construction Official and one (1) copy provided to the applicant.

D.   After signature and reproduction, the administrative officer shall return the reproducible original of the plat and attachments to the applicant within ten (10) days.

E.   For all applications for development that receive minor or final plat approval, the administrative officer shall issue a development permit within thirty (30) days after the plat has been signed. The date of the development permit shall be the date upon which the approval of applications for development related to preliminary plats becomes valid or shall be the date on which the plat is signed by the Chairman and Secretary of the Planning Board or Board of Adjustment. However, the period of time for which certain rights are conferred upon the applicant shall commence on the date which the Planning Board or Board of Adjustment granted the approval.

 

 

§ 430-46. Variance applications.

A.   Required documents. Prior to issuance of a certificate of completeness, the administrative officer shall determine that the following have been submitted in proper form. The administrative officer may schedule a variance for public hearing upon submission of the following items:

(1)    Fifteen (15) copies of completed application and checklist.

(2)    Required application fees as set forth in Article VI.

(3)    Fifteen (15) copies of a plan drawn to scale showing the location and dimensions of the property and any structures, including buildings, pools, fences and parking areas, and indicating any proposed changes.

B.   Conditions of approval. Any approval of an application for development for a variance granted by the municipal agency shall be subject to the following conditions being satisfied prior to the issuance of a development permit:

(1)    Payment of any outstanding real estate taxes and property improvement assessments.

(2)    Publication of a notice of the decision by the Planning Board Secretary or Board of Adjustment Secretary within the time established.

(3)    Such other conditions which may be imposed by the municipal agency or which may be required by federal, state or local law.

(4)    A condition setting forth the time within which all conditions must be satisfied.

 

 

§ 430-47. Waivers.

   Upon receipt by the administrative officer, the reviewing board or its designee may, upon specific written request of an applicant, consider and approve or deny requests for waiver of submission requirements set forth in this Article. All such requests by an applicant shall cite the specific requirement by section number and shall state the specific reason for the request for waiver. An application which meets all submission and detail requirements will be considered complete. If a request for waiver is denied, the applicant must provide the required submissions. Such detailed submissions will be reviewed as provided for new applications, and all time limits will recommence as for new applications.

 

 

ARTICLE V   Plat Details

 

§ 430-48. Minor subdivisions.

A.   Required documents. Prior to issuance of a certificate of completeness or scheduling of a minor subdivision for public hearing, the Planning Board Subdivision Committee or Board of Adjustment shall determine that the following have been submitted in proper form:

(1)    A certificate of title, which may be on the plat (signed by the owner and notarized) or in a letter form, signed by a member of the New Jersey Bar, by a title officer or authorized agent of a title insurance company licensed to do business in the State of New Jersey, which certificate shall confirm that the owner of the premises in question is the owner as shown on the plat.

(2)    The Municipal Engineer's or Board Consultant's report.

(3)    An application for state wetlands approval, where required.

(4)    Other submittals that may be required by the Municipal Engineer, Planning Board or Board of Adjustment or federal, state, county or municipal law.

(5)    The application for development for a minor subdivision shall include a request for the granting of any variances required.

(6)    Required application fees as set forth in Article VI.

(7)    Fifteen (15) copies of a completed application form.

(8)    Fifteen (15) copies of a plat and attachments meeting the requirements set forth below.

(9)    Proof of service of notice in conformance with this Article.

B.   Plat requirements.

(1)    General requirements. The plat for a minor subdivision shall be drawn at a scale of not less than fifty (50) feet to the inch, shall conform to the provisions of the New Jersey Map Filing Law (N.J.S.A. 46:23-9.9 et seq.) and shall include or be accompanied by the information specified below:

(a)    All dimensions, both linear and angular, of the exterior boundaries of the subdivision, and all lots and lands reserved or dedicated for public use shall balance, and their descriptions shall close within a limit of error of not more than one (1) part in ten thousand (10,000).

(b)    The minor subdivision shall be based upon a current boundary survey prepared in accordance with N.J.A.C. 13:40-5.1, Preparation of Land Surveys, certified to the subdivider and prepared or recertified by a licensed professional land surveyor.

(c)    Sheet size shall be no larger than twenty-four by thirty-six (24 x 36) inches. All sheets must be folded with title block showing.

(2)    Title block. A title block shall appear on all sheets in the lower right-hand corner and include:

(a)    A title, to read "Minor Subdivision."

(b)    The name of the subdivision, if any.

(c)    The date of the original and all revisions.

(d)   Docket number, when assigned, above the title block.

(3)    Detailed information.

(a)    A key map [at a scale of not less than one (1) inch equals one thousand (1,000) feet] showing the location of the tract to be subdivided with reference to surrounding areas, existing streets which intersect or border the tract, the names of all such streets and any zone district boundaries and municipal boundaries which are within five hundred (500) feet of the subdivision.

(b)    The names of all owners of and property lines of parcels adjacent to the land to be subdivided, including properties across the street, as shown by the most recent records of the municipality.

(c)    All zone district boundaries, municipal borders, existing public easements, Tax Map lot and block numbers, watercourses, floodways and flood hazard areas within two hundred (200) feet and both the width of the paving and the width of the right-of-way of each street within two hundred (200) feet of the subdivision.

(d)   All existing structures, with an indication of those which are to be destroyed or removed and the front, rear and side yard dimensions of those to remain, referenced to proposed lot lines.

(e)    All proposed public easements or rights-of-way with bearing and distances and the purposes thereof.

(f)    The existing systems of drainage of the subdivision and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage, where required by the Municipal Engineer.

(g)    All proposed lot lines and the areas of all lots in square feet. The areas and dimensions specified shall be shown to the nearest hundredth of a square foot or hundredth of a linear foot.

(h)   The North arrow.

(i)    Written and graphic scales.

(j)    A copy of any existing or proposed covenants or deed restrictions applying to the land being subdivided or certification that none exists.

(k)   Proposed lot and block numbers as assigned by the Municipal Engineer in accordance with the digitized lot numbering system specifications promulgated by the New Jersey Division of Taxation.

(l)    Such other information as the municipal agency may require or request during the review of the application for classification and approval as a minor subdivision.

(m)  The Tax Map sheet, block and lot number(s) of the tract to be subdivided as shown on the latest Municipal Tax Map, the date of which shall also be shown.

(n)   The acreage of the tract being subdivided to the nearest hundredth of an acre.

(o) The names and addresses of the owner and subdivider so designated.

(p) The name, signature, address and license number of the land surveyor who prepared the map and made the survey. The plat shall bear the embossed seal of said land surveyor.

C.   Action on minor subdivision application.

(1)    By the Planning Board. If an application is referred to the Planning Board, the Board will take action within forty-five (45) days of the date of submission of a complete application.

(2)    By the Zoning Board of Adjustment. If an application for approval as a minor subdivision is before the Board of Adjustment, it may be approved as a minor subdivision with or without conditions if such action is simultaneous with action on a variance pursuant to N.J.S.A. 40:55D-70d.

(3)    Time limits for minor subdivision approvals. Minor subdivision approvals shall be granted or denied within forty-five (45) days of the date of submission of a complete application to the administrative officer or within such further time as may be consented to by the applicant. Approval of a minor subdivision shall expire one hundred ninety (190) days from the date of Planning Board approval unless within such period a plat in conformity with such approval and the provisions of the Map Filing Law27 or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Municipal Engineer and the Tax Assessor. Any such plat or deed must be signed by the Chairman and Secretary of the Board before it will be accepted for filing by the County Recording Officer.

27Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

D.   Conditions of approval. Any approval of an application for development for a minor subdivision granted by the Planning Board or Board of Adjustment shall be subject to the following conditions being satisfied prior to the signing of the plat or deed or the issuance of a building permit:

(1)    Installation of or posting of performance guaranties for the installation of any improvements required by the Board.

(2)    Payment of any outstanding real estate taxes and property improvement assessments.

(3)    Middlesex County Planning Board approval, if not previously granted.

(4)    Submission of additional prints of the plat map and attachments for distribution, if required.

(5)    Any other conditions contained in the resolution of approval.

E.   Certification. In the event that the application for development for a minor subdivision is approved, a certification to that effect in this form:

      Classified and approved as a minor subdivision by the City of Perth Amboy Planning Board (Board of Adjustment) on______________________________________

                                                         ______________________

                                                                  Chairman

      Attest:

      ___________________________      ______________________

                     Secretary                                   Date

      This plat (or a deed describing this subdivision) must be filed in the office of the Clerk of Middlesex County on or before___________________, which date is one hundred ninety (190) days after approval as a minor subdivision by the City of Perth Amboy Planning Board (Board of Adjustment).

                                                         ______________________

                                                                    Secretary

                                                         ______________________

                                                              Municipal Engineer

      shall be endorsed as the minor subdivision, and the original reproducible thereof shall be provided to the Board by the applicant. Said original shall be signed by the Chairman, Secretary and Municipal Engineer after they receive certification from the administrative officer that all conditions of approval have been satisfied. After signature, the subdivision plat shall be reproduced as provided in this Article, and the signed original shall be returned to the applicant.

 

 

§ 430-49. Minor site plans.

A.   Required documents. Prior to issuance of a certificate of completeness, the Planning Board Site Plan Committee or Board of Adjustment Site Plan Committee shall determine that the following have been submitted in proper form. The administrative officer may schedule a minor site plan for consideration by the municipal agency upon submission of the following.

(1)    A certificate of title, which may be on the plat (signed by the owner and notarized) or in a letter form, signed by a member of the New Jersey Bar, by a title officer or authorized agent of a title insurance company licensed to do business in the State of New Jersey, which certificate shall confirm that the owner of the premises in question is the owner as shown on the plat.

(2)    The Municipal Engineer's or Board Consultant's report.

(3)    An application for state wetlands approval, where required.

(4)    Other submittals that may be required by the Municipal Engineer, Planning Board or Board of Adjustment or federal, state, county or municipal law.

(5)    The application for development for a minor subdivision shall include a request for the granting of any variances required.

(6)    Required application fees as set forth in Article VI.

(7)    Fifteen (15) copies of a completed application form.

(8)    Fifteen (15) copies of a plat and attachments meeting the requirements set forth below.

(9)    Proof of service of notice in conformance with this Article.

B.   Plan requirements.

(1)    General requirements.

(a)    Any minor site plan presented to the municipal agency for its approval shall be drawn, signed and appropriately sealed by an architect, professional engineer, land surveyor and/or a professional planner licensed to practice in the State of New Jersey.

(b)    Site plans shall not be drawn at a scale smaller than one (1) inch equals fifty (50) feet nor larger than one (1) inch equals ten (10) feet. If the size of the site would require the use of multiple sheets, then the entire site shall be on one (1) sheet with the detailed information of the site plan, which sheets shall be keyed to an overall plan of the site drawn at a scale of not less than one (1) inch equals two hundred (200) feet.

(c)    The site plan shall be based on a current, certified boundary survey prepared in accordance with N.J.A.C. 13:40-5.1, Preparation of Land Surveys. The date of the survey and the name, signature and license number of the professional land surveyor making the same shall be shown on the map.

(d)   Topographic survey with contour interval not less than one (1) foot based upon National Geodetic Vertical Datum of 1929 (NGVD-1929) shall be provided. A permanent bench mark shall be shown on the minor site plan.

(e)    All sheets must be folded with title block showing.

(2)    Title block. The title block shall appear on all sheets in the lower right-hand corner and include:

(a)    The title of "Minor Site Plan."

(b)    The name of the development, if any.

(c)    The date of the original and all revisions.

(d)   The docket number, when assigned above the title block.

(3)    A schedule shall be placed on the site plan indicating

(a)    The acreage of the tract and site (the portion of the tract involved in the site plan).

(b)    The floor area of the existing and proposed building, listed separately.

(c)    The proposed use or uses and the floor area devoted to each use.

(d)   The zone district in which the site is located.

(e)    Proposed and required lot dimensions and front, rear and side setbacks.

(f)    Provided and required off street parking spaces.

(g)    Square footage and percentage of the site retained in unoccupied open space.

(h)   The North arrow and written and graphic scales.

(i)    Sufficient spot elevations (NGVD-1929) and/or contour lines to indicate the proposed system of surface drainage and the relationship of proposed grading to the land surrounding the site.

(j)    The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated, or the limits of alluvial soils, where the boundaries of floodways and flood hazard areas have not been determined, and/or such other information as may assist the Planning Board in the determination of floodway and flood hazard area limits.

(k)   Paving and right-of-way widths of existing streets within two hundred (200) feet of the site.

(1)    The boundary, nature and extent of the wooded areas, swamps, bogs and ponds within the site and within two hundred (200) feet thereof. Any specimen trees twelve (12) inches or larger on the site as measured at four (4) feet above the base shall be located and identified by species name.

(m)  A key map [at a scale of not less than one (1) inch equals one thousand (1,000) feet] showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone district boundaries or municipal boundaries which are within five hundred (500) feet of the subdivision.

(n)   The following shall also be required unless the administrative officer determines that they are not necessary to provide a full understanding of the application:

[1]    Existing, at the point of connection, and all proposed manholes, sewer lines, waterlines, fire hydrants, utility poles and all other topographical features of a physical or engineering nature within the site and within fifty (50) feet thereof.

[2]    All existing structures on the site and within fifty (50) feet thereof, including the use thereof, and indicating those to be destroyed or removed and those to remain.

[3]    The location, use, finished grade level, ground coverage, first floor and basement elevations, front, rear and side setbacks of all buildings and other pertinent improvements.

[4]    Existing and proposed public easements or rights-of-way and the purposes thereof.

[5]    Zone district boundaries and the Tax Map sheet, lot and block numbers and the names of owners of all properties across any street from or within fifty (50) feet of the site.

[6]    The capacity of off street parking areas and the location and dimensions of all access drives, aisles and parking stalls.

[7]    The location and size of proposed loading docks.

[8]    The location of curbs and sidewalks.

[9]    Cross section(s) showing the composition of pavement areas, curbs and sidewalks.

[10]  An exterior lighting plan, including the location, direction of illumination, amount of illumination expressed in horizontal footcandles, wattage and drawn details of all outdoor lighting standards and fixtures.

[11]  A landscaping and screening plan showing the location, type, spacing and number of each type of tree or shrub and the location, type and amount of each type of ground cover to be utilized and planting details for trees, shrubs and/or ground cover.

[12]  The location of signs and drawn details showing the size, nature of construction, height and content of all signs.

[13]  Drawn details of the type of screening to be utilized for refuse storage areas, outdoor equipment and bulk storage areas.

[14]  Floor plans and building elevation drawings of any proposed structure or structures, or existing structures to be renovated.

[15]  A written description of the proposed operations in sufficient detail to indicate the effects of the use in producing traffic congestion, noise, glare, air pollution, fire hazards or safety hazards; and the written description of the use, the number of shifts to be worked, the number of employees in each shift, the number of vehicles to be stored or parked on the site and provisions to be made for site maintenance.

[16]  Such other information as the municipal agency and/or the Municipal Engineer may request during site plan review.

(o)    The Tax Map sheet, block and lot number of the site, as shown on the latest Tax Map, the date of which should also be shown.

(p)   The names and addresses of the owner and developer so designated.

(q)    The name(s), signature(s), address(s) and license number(s) of the engineer, architect, land surveyor or planner who prepared the plat and their embossed seal.

(r)    If the site plan contains more than one (1) sheet, each sheet shall be numbered and titled.

C.   Conditions of approval. Any approval of an application for development for a minor site plan granted by the municipal agency shall be subject to the following conditions being satisfied prior to the signing of the site plan or issuance of a building permit:

(1)    Installation and approval or posting of performance guaranties for the installation of those improvements which are necessary to protect adjacent property and public interest in the event that development of the site was not completed.

(2)    Payment of any outstanding real estate taxes and property improvement assessments.

(3)    Final Middlesex County Planning Board approval, if not previously granted.

(4)    Submission of additional prints of the plat map and attachments for distribution, if required.

(5)    Filing of an appropriate instrument with the Middlesex County Clerk consolidating the lots constituting the site, if required.

(6)    Any other conditions contained in the resolution of approval.

D.   Certification. In the event that the application for development for a minor site plan is approved, a certification to that effect in this form:

      Approved as a minor site plan by the City of Perth Amboy Planning Board (Board of Adjustment) on_________________________

                                                         ______________________

                                                                    Chairman

      Attest:

      _________________________       ______________________

                    Secretary                                    Date

      _________________________       ______________________

            Municipal Engineer                            Date

      shall be endorsed on the site plan, and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairman, Secretary and Municipal Engineer of the municipal agency after they receive certification from the administrative officer (Planning Board or Board of Adjustment Secretary) that all conditions of approval

      have been satisfied. After signature, the site plan shall be reproduced as provided for in this Article, and the signed original shall be returned to the applicant.

E.   Time limit and effect of approval. Minor site plan approvals shall be granted or denied within forty-five (45) days of the date of submission of a complete application to the administrative officer (Planning Board Secretary) or within such further time as may be consented to by the applicant. Minor site plan approval shall confer upon the applicant the right that the general terms and conditions upon which minor site plan approval was granted shall not be changed for a period of two (2) years. The approval of a minor site plan shall expire two (2) years after the date of approval if a building permit or, where a building permit is not required, a certificate of occupancy has not been obtained.

 

 

§ 430-50. Preliminary plat of major subdivision.

A.   Required documents. Prior to issuance of a certificate of completeness, the Planning Board, Zoning Board of Adjustment or Subdivision Committee shall determine that the following have been submitted in proper form. The Subdivision Committee may recommend a preliminary plat of a major subdivision for public hearing upon submission of the following items:

(1)    A certificate of title, which may be on the plat (signed by the owner and notarized) or in a letter form, signed by a member of the New Jersey Bar, by a title officer or authorized agent of a title insurance company licensed to do business in the State of New Jersey, which certificate shall confirm that the owner of the premises in question is the owner as shown on the plat.

(2)    The Municipal Engineer's or Board Consultant's report.

(3)    An application for state wetlands approval, where required.

(4)    Other submittals that may be required by the Municipal Engineer, Planning Board or Board of Adjustment or federal, state, county or municipal law.

(5)    The application for development for a minor subdivision shall include a request for the granting of any variances required.

(6)    Required application fees as set forth in Article VI. (7) Fifteen (15) copies of a completed application form.

(8)    Fifteen (15) copies of a plat and attachments meeting the requirements set forth below.

(9) Proof of service of notice in conformance with this Article.

(10)  All plans must be folded.

B.   Plat requirements.

(1)    General requirements. All plats containing proposals or designs for drainage, streets and subdivision layouts shall be prepared by a professional engineer licensed to practice in the State of New Jersey and shall bear the address, signature, embossed seal and license number of said professional engineer. The preliminary plan shall not be drawn at a scale smaller than one (1) inch equals fifty (50) feet nor larger than one (1) inch equals ten (10) feet. If the size of the site would require the use of more than one (1) sheet in order to show the entire site on one (1) sheet, the detailed information for the plat shall be shown in sections not larger than thirty-six by twenty-four (36 x 24) inches, which sheets shall be keyed to an overall plan of the site drawn at a scale of not less than one (1) inch equals two hundred (200) feet. The preliminary plan shall be based on a current, certified boundary survey prepared in accordance with N.J.A.C. 13:40-5.1, Preparation of Land Surveys. The date of the survey and the name, signature and license number of the professional land surveyor making the same shall be shown on the map.

(2)    Title block. The title block shall appear on all sheets in the lower right-hand corner and include:

(a)    A title, to read "Preliminary Plat - Major Subdivision."

(b)    The name of the subdivision, if any.

(c)    The date of the original and all revisions.

(d)   The name, signature, address and license number of the land surveyor who prepared the map. (The plat shall bear the embossed seal of said land surveyor.)

(e)    The application number, when assigned above the title block.

(3)    A key map [at a scale of not less than one (1) inch equals one thousand (1,000) feet] showing the location of the tract to be subdivided with reference to surrounding areas, existing streets which intersect or border the tract, the names of all such streets and any zone district boundaries and municipal boundaries which are within five hundred (500) feet of the subdivision.

(4)    A schedule shall be placed on the map indicating the acreage of the tract, the number of lots, the zone district, the minimum required lot areas, setbacks, yards and dimension.

(5)    Zone district boundaries, municipal borders and the names of all owners, lot and block numbers and property lines of parcels within two hundred (200) feet of the land to be subdivided, including properties across the street, as shown by the most recent records of the municipality of which the property is a part.

(6)    The preliminary plat shall be based on a current certified boundary survey as required above with sufficient lines of the adjoining tracts surveyed to establish any overlap or gap between the adjoining boundary lines and the boundary lines of the tract in question and prepared in accordance with N.J.A.C. 13:40-5.1, Preparation of Land Surveys. The date of the survey and the name of the person making the same shall be shown on the map.

(7)    Contours. Existing one-foot-interval contours based on NGVD-1929 and a permanent bench mark shall be shown on the plan. Elevations shall be shown extending a minimum of one hundred (100) feet behind the boundary of the tract in question and shall be certified by a New Jersey licensed land surveyor or professional engineer as to accuracy, except that where the slopes exceed five percent (5%), a two-foot interval may be used, and if the slopes exceed ten percent (10%), a five-foot interval is permissible. The source of elevation datum base shall be noted. If contours have been established by aerial photography, a check profile shall be made on the boundary line of the tract and certified by a New Jersey licensed land surveyor.

(8)    All existing streets, public easements, watercourses, floodways and flood hazard areas within the proposed subdivision and within two hundred (200) feet of the boundaries thereof, including both the width of the paving and the width of the right-of-way of each street within two hundred (200) feet of the subdivision.

(9)    All existing structures, an indication of those which are to be destroyed or removed and the front, rear and side yard dimensions of those to remain.

(10)  The boundaries, nature, extent and acreage of wooded areas and other important physical features, including swamps, bogs and ponds within the proposed subdivision and within two hundred (200) feet thereof.

(11)  The layout of the proposed subdivision drawn in compliance with the provisions of this chapter.

(12)  All proposed public easements or rights-of-way by metes and bounds and the purposes thereof and proposed streets within the proposed subdivision. The proposed streets shall show the right-of-way and proposed pavement width.

(13)  The existing systems of drainage of the subdivision and of any larger tract of which it is a part, together with information on how it is proposed to dispose of surface drainage.

(14)  The acreage of the drainage area (or areas) of each natural or man-made watercourse traversing the subdivision, including the area within the subdivision and the area upstream from the subdivision.

(15)  All proposed lot lines and the areas of all lots in square feet. The areas and dimensions specified should be accurate to within thousandth of an acre and hundredth of a foot.

(16)  The North arrow and basis therefor and written and graphic scales.

(17)  Preliminary utility layouts showing methods of connection and sources of service. Prior to public hearing for a preliminary subdivision plat, the developer shall provide written certification that he has contacted the involved servicing utility companies and has received their detailed specific installation standards. It will be the developer's responsibility to then integrate the various design standards and achieve optimum coordinated design.

(18)  The proposed location and area, in acres or square feet, of all proposed common open space areas.

(19)  The types and locations of all stakes, marks or flagged points, if any, placed on the property to aid in on-site inspections. The Board may require that the marks or stakes, as a minimum, be placed at the intersection of all lines of the tract boundary with existing streets, at the center of all culs-de-sac, at all internal street intersections, along street tangents, at intervals not exceeding five hundred (500) feet and at such additional locations as the Board may deem necessary. The locations indicated on the plat shall be accurate within plus or minus ten (10) feet. Any traverse lines cut out and/or marked on the site shall be shown on the plan. If such on-site points, as above discussed, have not been established at the time of submission of a tentative plat, the Board may give the subdivider fifteen (15) days' notice of the date of any proposed site inspection by the Board so the points can be set.

(20)  The tentative plat shall show, on the property to be subdivided and within two hundred (200) feet of that property, all existing paper streets, dirt roads, paved streets, curbs, manholes, sewer lines, water and gas pipes, utility poles, ponds, wetlands and all other topographical features of a physical or engineering nature.

(21)  Preliminary on-site grading and drainage plan.

(a)    The preliminary plat shall show or be accompanied by a preliminary grading and drainage plan which shall show locations of all existing and proposed drainage swales and channels, retention-recharge basins, the scheme of surface drainage and other items pertinent to drainage, including the approximate proposed grading contours at one-foot intervals, except that if slopes exceed five percent (5%), a two-foot interval may be used, and if they exceed ten percent (10%), a five-foot interval is permissible. Datum shall be NGVD-1929, and the source of datum shall be noted.

(b)    The plan shall outline the approximate area contributing to each inlet.

(c)    All proposed drainage shall be shown with preliminary pipe type and sizes, invert elevations, grades and direction of flow. The direction of flow of all surface water and all watercourses shall be shown.

(d)   The preliminary grading and drainage plan shall be accompanied by drainage calculations made in accordance with standards in this chapter.

(22)  Preliminary off site drainage plan. The preliminary plat shall also be accompanied by a preliminary off site drainage plan prepared in accordance with the following standards:

(a)    The plan shall consist of an outline of the entire drainage basin in which the property to be subdivided is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.

(b)    Pertinent off-site existing drainage, which receives or discharges runoff from or onto the site, shall be shown with elevations of inverts, pipe types and sizes or other appropriate physical data for open or nonpipe conduits.

(c)    To the extent that information is available and may be obtained from the County or Municipal Engineer(s), any existing plans for drainage improvements shall be shown.

(d)   In the event that a temporary drainage system is proposed, tentative plans of that system shall be shown.

(23)  Boring logs. The reviewing agency, upon a report from the municipality enforcement officer, shall determine that fewer boring logs are required or that some or all of the boring logs may be deferred to the final plat stage; the preliminary plat shall be accompanied by a set of boring logs and soil analyses for borings made in accordance with the following requirements:

(a)    Borings taken shall be between January 1 and April 30 and spaced evenly throughout the tract.

(b)    One (1) boring not less than fifteen (15) feet below the proposed grade or twenty (20) feet minimum depth shall be made for every five (5) acres, or portion thereof, of land within a tract where the water table is found to be ten (10) feet or more below the proposed or existing grade at all boring locations.

(c)    One (1) additional boring shall be made per acre, or portion thereof, in those areas where the water table is found to be less than ten (10) feet below the proposed or existing grade.

(d)   In addition to the above, in those areas where the water table is found to be five (5) feet or less below the existing or proposed grade, two (2) additional borings per acre, or portion thereof, will be required. If construction of homes with basements is contemplated, at least one (1) boring will be located on each lot within the building setback lines.

(e)    Boring logs shall show soil types and characteristics encountered, groundwater depth, the methods and equipment used, the name of the firm making the borings and the name of the person in charge of the boring operation. The boring logs shall also show surface elevations to the nearest one-tenth (0.1) of a foot.

(f)    Based on the borings, the preliminary plat shall clearly indicate all areas having a water table within two (2) feet of the existing surface of the land, or within two (2) feet of proposed grade, or all areas within which two (2) feet or more of fill is contemplated or has previously been placed.

(24)  The location, dimensions, area and disposition of any park and recreation areas shall be shown and noted on the preliminary plat and shall be subject to the approval of the Board.

(25)  Sectionalization and staging plans. The preliminary sectionalization and staging plan, showing the following.

(a)    If the subdivision is proposed to be filed for final approval in sections, the plan shall show each such section and the anticipated date of filing for each section. The staging of the various sections in the subdivision shall be such that if development of the subdivision were to be discontinued after the completion of any section, the developed portion of the subdivision would be provided with adequate street drainage and utility systems. The size and staging of the section in a subdivision shall be established to promote orderly development and shall be subject to the approval of the Board.

(b)    The sectionalization and staging plan shall identify for each lot or group of lots in the subdivision those improvements that will be completed prior to application for certificates of occupancy. The plan should demonstrate that the staging of construction will minimize adverse effects upon occupied buildings in the subdivision and adjoining properties.

(26)  If the Planning Board or Board of Adjustment, Shade Tree Commission or Environmental Commission determines that existing trees located on the site may have an effect on the proper layout of the subdivision, it may be required that the location, caliper and type be shown on the plat for the following:

(a)    Living deciduous trees having a trunk of four (4) inches diameter or more measured at four (4) feet above grade.

(b)    All living coniferous trees having a trunk of four (4) inches or more diameter measured at four (4) feet above grade.

(27)  The location of proposed depressed pedestrian ramps and other facilities for the handicapped.

(28)  Such other information as the Board and/or Municipal Engineer may require or request during the review of the preliminary plat.

C.   Conditions of approval.

(1)    Any approval of an application for development for a minor subdivision granted by the Planning Board or Board of Adjustment shall be subject to the following conditions being satisfied prior to the signing of the plat or deed or the issuance of a building permit:

(a)    Installation of or posting of performance guaranties for the installation of any improvements required by the Board.

(b)    Payment of any outstanding real estate taxes and property improvement assessments.

(c)    Middlesex County Planning Board approval, if not previously granted.

(d)   Submission of additional prints of the plat map and attachments for distribution, if required.

(e)    Any other conditions contained in the resolution of approval.

(2)    The Board may also condition its preliminary approval upon the applicant providing for certain revisions or additions on the final plat submission.

D.   Certification. In the event that the application for development for a preliminary plat of a major subdivision is approved, a certification to that effect in this form:

      Approved as a preliminary plat of a major subdivision by the City of Perth Amboy Planning Board (Board of Adjustment) on_______________________________________________________

                                                         ______________________

                                                                    Chairman

      Attest:

      _________________________       ______________________

                    Secretary                                    Date

      _________________________       ______________________

            Municipal Engineer                            Date

      shall be endorsed on the preliminary plan, and the original reproducible thereof shall be provided to the Board by the applicant. Said original shall be signed by the Chairman, Secretary of the Board and Municipal Engineer after they receive certification from the administrative officer (Planning Board Secretary) that all conditions of approval have been satisfied. After signature, the preliminary plat shall be reproduced as provided for in this chapter, and the signed original shall be returned to the applicant.

E.   Time limits for preliminary approval.

(1)    Upon submission of a complete application to the administrative officer (Planning Board Secretary) for a subdivision of ten (10) or fewer lots, the Planning Board shall grant or deny preliminary approval within forty-five (45) days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application to the administrative officer (Planning Board Secretary) for a subdivision of more than ten (10) lots, the Planning Board shall grant or deny preliminary approval within ninety-five (95) days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the major subdivision.

(2)    Approval of a preliminary plat shall confer upon the applicant the rights set forth in N.J.S.A 40:55D-49.

F.   Effects of preliminary approval.

(1)    Preliminary approval of a major subdivision shall, except as otherwise provided herein, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

(a)    That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements and layouts and design standards for streets, curbs and sidewalks, except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.

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

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

(2)    In the case of a subdivision of fifty (50) acres or more, the Planning Board may grant the rights referred to in this Article for such period of time, longer than three (3) years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; economic conditions; and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards shall govern.

G.   Improvements not to be installed. Approval of a preliminary plat shall not confer upon the developer the right to undertake any clearing or grading and/or to install any improvements prior to final plat approval unless it shall be determined by the Planning Board or Board of Adjustment and the Municipal Engineer that such clearing, grading and/or installation of improvements would not hinder future development or create physical or aesthetic problems in the event that further development of the subdivision is not undertaken and that required inspection fees have been paid and adequate performance guaranties have been posted to provide for the cost to the municipality of performing work that may be necessary to protect adjacent property owners and the public interest in the event that such clearing, grading and/or installation of improvement is not completed and/or further development of the subdivision is not undertaken. Such performance guaranties shall include, but are not limited to, the cost to the municipality of providing erosion control facilities, seeding or otherwise stabilizing the site, drainage facilities necessary to protect off-tract acres from flooding, screening or fencing that may be required and all improvements to be undertaken which are within existing public rights-of-way of easements.

 

 

§ 430-51. Preliminary plat of major site plan.

A.   Required documents. Prior to issuance of a certificate of completeness, the Site Plan Committee shall determine that the following have been submitted in proper form. The Site Plan Committee may recommend a preliminary plat of a major site plan for public hearing upon submission of the following items:

(1)    A certificate of title, which may be on the plat (signed by the owner and notarized) or in a letter form, signed by a member of the New Jersey Bar, by a title officer or authorized agent of a title insurance company licensed to do business in the State of New Jersey, which certificate shall confirm that the owner of the premises in question is the owner as shown on the plat.

(2)    The Municipal Engineer's or Board Consultant's report.

(3)    An application for state wetlands approval, where required.

(4)    Other submittals that may be required by the Municipal Engineer, Planning Board or Board of Adjustment or federal, state, county or municipal law.

(5)    The application for development for a minor subdivision shall include a request for the granting of any variances required.

(6)    Required application fees as set forth in Article VI.

(7)    Fifteen (15) copies of a completed application form.

(8)    Fifteen (15) copies of a plat and attachments meeting the requirements set forth below.

(9)    Proof of service of notice in conformance with this Article.

B.   Plat requirements. The plat shall include:

(1)    General requirements.

(a)    Any preliminary plat of a major site plan presented to the Planning Board or Board of Adjustment for its approval shall be signed and appropriately sealed by an architect, professional engineer, land surveyor and/or professional planner licensed to practice in the State of New Jersey; provided, however, that sanitary sewer, water distribution and storm drainage plans and water and sewage treatment plans may only be signed for and sealed by a professional engineer.

(b)    Site plans shall not be drawn at a scale smaller than one (1) inch equals fifty (50) feet nor larger than one (1) inch equals ten (10) feet. If the size of the site would require the use of more than one (1) sheet in order to show the entire site on one (1) sheet, the detailed information for the site plan shall be shown in sections not larger than thirty-six by twenty-four (36 x 24) inches, which sheets shall be keyed to an overall plan of the site drawn at a scale of not less than one (1) inch equals two hundred (200) feet.

(c)    The site plan shall be based on a current, certified boundary survey prepared in accordance with N.J.A. C. 13:40-5.1, Preparation of Land Surveys. The date of the survey and the name, signature and license number of the professional land surveyor making the same shall be shown on the map.

(2)    Title block. The title block shall appear on all sheets in the lower right-hand corner and include:

(a)    The title, to read "Preliminary Plat - Major Site Plan."

(b)    The name of the development, if any.

(c)    The Tax Map sheet, block and lot number of the site, as shown on the latest Tax Map, the date of which should also be shown.

(d)   The date of the original and all revisions.

(e)    The names and addresses of the owner and developer so designated.

(f)    The names, signatures, addresses and license numbers of the engineer, architect, land surveyor or planner who prepared the plat and their embossed seal(s).

(g)    If the site plan contains more than one (1) sheet, each sheet shall be numbered and titled.

(h)   The docket number, when assigned above the title block.

(3)    A schedule shall be placed on the site plan indicating.

(a)    The acreage of the tract and site (the portion of the tract involved in the site plan).

(b)    The floor area of the existing and proposed building, listed separately.

(c)    The proposed use or uses and the floor area devoted to each use.

(d)   The zone district in which the site is located.

(e)    Proposed and required lot dimensions and front, rear and side setbacks.

(f)    Proposed and required off street parking spaces.

(g)    Square footage and percentage of the site retained in unoccupied open space and occupied by buildings.

(4)    The North arrow and written and graphic scales.

(5)    The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated, or the limits of alluvial soils, where the boundaries of floodways and flood hazard areas have not been determined, and/or such other information as may assist the Planning Board in the determination of floodway and flood hazard area limits.

(6)    Paving and right-of-way widths of existing streets within two hundred (200) feet of the site.

(7)    The boundary, nature and extent of the wooded areas, swamps, bogs and ponds within the site and within two hundred (200) feet thereof.

(8)    Existing and proposed manholes, sewer lines, fire hydrants, waterlines, utility poles and all other topographical features of a physical or engineering nature within the site and within two hundred (200) feet thereof.

(9)    All existing structures on the site and within two hundred (200) feet thereof, including their use, indicating those to be destroyed or removed and those to remain.

(10)  The location, use, finished grade level, ground coverage, first floor and basement elevations, front, rear and side setbacks of all existing buildings and other pertinent improvements.

(11)  Existing and proposed public easements or rights-of-way and the purposes thereof.

(12)  A grading plan showing existing and proposed grading contours at one-foot intervals throughout the tract, except that if slopes exceed five percent (5%), a two-foot interval may be used, and if they exceed ten percent (10%), a five-foot interval is permissible. Datum shall be NGVD-1929, and the source of datum shall be noted. In addition to proposed grading contours, sufficient additional spot elevations shall be shown to clearly delineate proposed grading.

(13)  On-site drainage plan.

(a)    The drainage plan shall be presented in graphic form which shall clearly show the street and lot layout and those items which are pertinent to drainage, including existing and proposed contours as previously required.

(b)    The plan shall outline each area contributing to each inlet.

(c)    All proposed drainage shall be shown with pipe type and sizes, invert and grate or rim elevations, grades and direction of flow. The direction of flow of all surface waters and of all streams shall be shown.

(d)   The drainage plan shall be accompanied by complete drainage calculations made in accordance with the standards set forth in this chapter.

(14)  Off-site drainage plan. The plat shall also be accompanied by an off site drainage plan prepared in accordance with the following standards:

(a)    The plan shall consist of an outline of the entire drainage basin in which the site is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.

(b)    Pertinent off site existing drainage shall be shown with elevations of inverts and grates to the nearest one-tenth (0.1) of a foot.

(c)    To the extent that information is available and may be obtained from the County or Municipal Engineer(s), any existing plans for drainage improvements shall be shown.

(d)   In the event that a temporary drainage system is proposed, full plans of that system shall be shown.

(e)    The off-site drainage plans shall be accomplished by profiles of all proposed drainage, showing existing details, pipe sizes, types, inverts, crowns and slopes; all proposed structures and connections; and design hydraulic grade lines for all conduits designed to carry forty (40) or more cubic feet per second. Cross sections at intervals not exceeding one hundred (100) feet shall be shown for all open channels.

(15)  If required by the municipal agency, center-line profiles of streets bordering the site, internal roadways and major circulation aisles showing.

(a)    Existing and proposed final grades and slopes.

(b)    Pipe sizes, slope, types, inverts and grate or rim elevation of drainage and sanitary sewerage facilities.

(16)  Boring logs. Unless the municipal agency, from a report of the Municipal Engineer, shall determine that fewer boring logs are required or that some or all of the boring logs may be deferred to the final plat stage, the site plan shall be accompanied by a set of boring logs and soil analyses for borings made in accordance with the following requirements:

(a)    Borings taken shall be between January 1 and April 30 and spaced evenly throughout the site.

(b)    One (1) boring not less than fifteen (15) feet below or twenty (20) feet minimum depth shall be made for every five (5) acres, or portion thereof, of land within a tract where the water table is found to be ten (10) feet or more below the proposed or existing grade at all boring locations.

(c)    One (1) additional boring shall be made per acre, or portion thereof, in those areas where the water table is found to be less than ten (10) feet below the proposed or existing grade.

(d)   In addition to the above, in those areas where the water table is found to be five (5) feet or less below the existing or proposed grade, two (2) additional borings per acre, or portion thereof, will be required if construction of basements is contemplated. Borings shall be located where such basements are proposed.

(e)    Boring logs shall show soil types and characteristics encountered, groundwater depth, the methods and equipment used, the name of the firm, if any, making the borings and the name of the person in charge of the boring operation. The boring logs shall also show surface elevations to the nearest one-tenth (0.1) of a foot.

(f)    Based on the borings, the site plan shall clearly indicate all areas having a water table within two (2) feet of the existing surface of the land, or within two (2) feet of proposed grade, or all areas within which two (2) feet or more of fill is contemplated or has previously been placed.

(17)  Zone district boundaries and the Tax Map sheet, lot and block numbers and names of owners of all properties within two hundred (200) feet of the site.

(18)  A key map, at a scale of not less than one (1) inch equals one thousand (1,000) feet, showing the location of the site with reference to surrounding areas, existing streets, the names of all such streets and any zone district boundary or municipal boundary which is within five hundred (500) feet of the subdivision.

(19)  The location, area, dimensions and proposed disposition of any area or areas of the site proposed to be retained as common open space, indicating the facilities to be provided in such areas.

(20)  The capacity of off street parking areas and the location and dimensions of all access drives, aisles and parking stalls. The location and treatment of existing and proposed entrances and exits to public rights-of-way, including the possible utilization of traffic signals, channelization, acceleration and deceleration lanes, additional width and any other device necessary for traffic safety and/or convenience and the estimated average number of passenger vehicles, single-unit trucks or buses and semitrailers that will enter the site each day.

(21)  Graphic depiction of the anticipated routes and details of the system of on-site vehicular and pedestrian circulation. The reviewing agency may require the developer to apply for the appropriate provisions of N.J.S.A. 39:1-1 et seq. governing motor vehicle operation made applicable to the site, thereby allowing municipal police regulation of traffic control devices; he shall submit a formal request and a detailed plan meeting the requirements of the New Jersey Department of Transportation. The Municipal Engineer will advise the developer regarding the details of such a plan.

(22)  The location and size of proposed loading docks. (23) The location of curbs and sidewalks.

(24)  Cross sections showing the composition of pavement areas, curbs and sidewalks.

(25)  An exterior lighting plan, including the location, direction of illumination, amount of illumination expressed in horizontal footcandles, wattage and drawn details of all outdoor lighting standards and fixtures.

(26)  Landscaping and screening plan showing the location, type, spacing and number of each type of tree or shrub, the location, type and amount of each type of ground cover to be utilized and a plant list and planting details for trees, shrubs and/or ground cover.

(27)  The location of signs and drawn details showing the size, nature of construction, height and content of all signs.

(28)  Drawn details of the type of screening to be utilized for refuse storage areas, outdoor equipment and bulk storage areas.

(29)  Floor plans and building elevation drawings of any proposed structure or structures, or existing structures to be renovated.

(30)  The location of handicapped facilities, including parking spaces and ramps, where applicable.

(31)  If the Board of Adjustment, Planning Board, Shade Tree Commission or Environmental Commission determines that existing trees located on the site may have an effect on the proper layout of the site, it may be required that the location, caliper and type be shown on the plat for the following.

(a)    Living deciduous trees having a trunk diameter of four (4) inches or more at breast height.

(b)    All living coniferous trees having a trunk of four (4) inches or more diameter at breast height.

(32)  Sectionalization and staging plan. Developers of large uses, such as shopping centers, industrial parks or other such uses proposed to be developed in stages, shall submit a sectionalization and staging plan showing the following:

(a)    The anticipated date for commencing construction of each section or stage. The staging of development on the site shall be such that if development of the site were discontinued after the completion of any stage, the developed portion of the site would comply in all respects to the requirements of this chapter and be provided with adequate drainage and utility systems.

(b)    Those improvements that will be completed in each stage prior to application for a certificate of occupancy. The plan should demonstrate that the staging of construction will minimize adverse effects upon occupied buildings in the site and adjoining properties.

(33)  A written description of the proposed operations in sufficient detail to indicate the effects of the use in producing traffic congestion, noise, glare, air pollution, fire hazards or safety hazards. The written description shall also include the hours of operation of the use, the number of shifts to be worked, the number of employees in each shift, the number of vehicles to be stored or parked on the site and provisions to be made for site maintenance.

(34)  Such other information as the municipal agency and/or Municipal Engineer may request during site plan review.

C.   Conditions of approval.

(1)    Any approval of an application for development for a minor site plan granted by the municipal agency shall be subject to the following conditions being satisfied prior to the signing of the site plan or issuance of a building permit:

(a)    Installation and approval or posting of performance guaranties for the installation of those improvements which are necessary to protect adjacent property and public interest in the event that development of the site was not completed.

(b)    Payment of any outstanding real estate taxes and property improvement assessments.

(c)    Final Middlesex County Planning Board approval, if not previously granted.

(d)   Submission of additional prints of the plat map and attachments for distribution, if required.

(e)    Filing of an appropriate instrument with the Middlesex County Clerk consolidating the lots constituting the site, if required.

(f)    Any other conditions contained in the resolution of approval.

(2)    The Board may also condition its preliminary approval upon the applicant providing for certain revisions or additions on the final plat submission.

D.   Certification. In the event that the application for development for a preliminary plat of a major subdivision is approved, a certification to that effect in this form:

      Approved as a preliminary plat of a major subdivision by the City of Perth Amboy Planning Board (Board of Adjustment) on_______________________________________________________

                                                         ______________________

                                                                    Chairman

      Attest:

      _________________________       ______________________

                    Secretary                                    Date

      _________________________       ______________________

            Municipal Engineer                            Date

      shall be endorsed on the preliminary plat, and the original reproducible thereof shall be provided to the Planning Board by the applicant. Said original shall be signed by the Chairman, Secretary and Municipal Engineer of the municipal agency after they receive certification from the administrative officer (Planning Board or Board of Adjustment Secretary) that all conditions of approval have been satisfied. After signature, the preliminary plat shall be reproduced as provided for in this chapter, and the signed original shall be returned to the applicant.

E.   Time limits for approval. Upon the submission to the administrative officer (Planning Board or Board of Adjustment Secretary) of a complete application for a site plan which involves ten (10) acres of land or less and ten (10) dwelling units or less, the Planning Board shall grant or deny preliminary approval within forty-five (45) days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a site plan which involves more than ten (10) acres or more than ten (10) dwelling units, the Planning Board shall grant or deny preliminary approval within ninety-five (95) days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.

F.   Effects of preliminary approval.

(1)    Preliminary approval of a major site plan shall, except as otherwise provided herein, confer upon the applicant the following rights for a three-year period from the date of the preliminary approval:

(a)    That the general terms and conditions on which preliminary approval was granted shall not be changed, including but not limited to use requirements; layouts and design standards for streets, curbs and sidewalks; and any requirements peculiar to site plan approval pursuant to N.J.S.A. 40:55D-41, except that nothing herein shall be construed to prevent the municipality from modifying by ordinance such general terms and conditions of preliminary approval as relate to public health and safety.

(b)    That the applicant may submit for final approval on or before the expiration date of preliminary approval the whole or a section or sections of the preliminary site plan.

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

(2)    In the case of a site plan for an area of fifty (50) acres or more, the Planning Board may grant the rights referred to in Subsection F(1)(a), (b) and (c) above for such period of time, longer than three (3) years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval, economic conditions and the comprehensiveness of the development. The applicant may apply for thereafter and the Planning Board may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under preliminary approval; the potential number of dwelling units and nonresidential floor area permissible under preliminary approval; the potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval; economic conditions; and the comprehensiveness of the development, provided that if the design standards have been revised, such revised standards shall govern. Approval of a preliminary plat shall confer upon the applicant all the rights set forth in N.J.S.A. 40:55D-49.

G.   Improvements not to be installed. Approval of a preliminary plat shall not confer upon the developer the right to undertake any clearing or grading and/or to install any improvements prior to final plat approval unless it shall be determined by the Planning Board or Board of Adjustment and the Municipal Engineer that said clearing, grading and/or installation of improvements would not hinder future development or create physical or aesthetic problems in the event that further development of the site plan is not undertaken; and that required inspection fees have been paid; and adequate performance guaranties have been posted to provide for the cost to the municipality of performing work that may be necessary to protect adjacent property owners and the public interest in the event that such clearing, grading and/or installation of improvements is not completed and/or further development of the site is not undertaken. Such performance guaranties shall include, but are not limited to, the cost to the municipality of providing erosion control facilities, seeding or otherwise stabilizing the site, drainage facilities necessary to protect off-tract areas from flooding, screening or fencing that may be required and all improvements to be undertaken which are within existing public rights-of-way or easements.

 

 

§ 430-52. Final plat of major subdivision.

A.   Required documents. Prior to issuance of a certificate of completeness or scheduling of a final plat of a major subdivision for public hearing, the Planning Board Subdivision Committee or Board of Adjustment shall determine that the following have been submitted in proper form:

(1)    The Municipal Engineer's or Board Consultant's report.

(2)    An application for a land disturbance permit from the Freehold Soil Conservation District.

(3)    An application for a New Jersey Department of Environmental Protection wetlands permit, where required.

(4)    An application for a New Jersey Department of Environmental Protection stream encroachment permit, where required.

(5)    Where applicable, a copy of the permit issued or, if the permit has not been issued, the application filed with the New Jersey Department of Environmental Protection, or other agencies, and copies of the environmental impact statement and any attachments thereto filed in accordance with the provisions of the Act or, in the alternate, a statement issued by the Department of Environmental Protection that the proposed development is exempt from the Act.

(6)    A certificate of title, which may be on the plat (signed by the owner and notarized) or in letter form, signed by a member of the New Jersey Bar or by a title officer or authorized agent of a title insurance company licensed to do business in the State of New Jersey, which certificate shall confirm that the owner of the premises in question is the owner as shown on the plat.

(7)    Other submittals that may be required by the Planning Board, Board of Adjustment or federal, state, county or municipal law.

(8)    Unless waived by the Board, a formal request, in appropriate statutory form, requesting that the applicable provisions of N.J.S.A. 39:1-1 et seq. shall be made applicable to the site in order to permit police regulation of traffic control devices prior to acceptance of streets.

(9)    Required application fees as set forth in Article VI in this chapter.

(10)  Fifteen (15) copies of the plat and attachments meeting the requirements set forth below.

(11)  A condition setting forth the time within which all other conditions must be satisfied as described in this chapter.

B.   Plat requirements.

(1)    General requirements. A final plat may, for all or any portion of an approved preliminary plat, be submitted to the municipal agency within three (3) years of the date of approval of the preliminary plat. In general, all requirements set forth in this chapter for tentative plats shall apply to final plats within the addition of the specific additional requirements set forth herein.

(a)    A final plat shall be drawn at a scale of not less than fifty (50) feet to the inch and shall conform

       to the provisions of N.J.S.A. 46:23-9.9, the Map Filing Law, as amended and supplemented, specified herein.

(b)    All dimensions, both linear and angular, of the exterior boundaries of the subdivision and all lots and all lands reserved or dedicated for public use shall balance, and their description shall close within a limit of error of not more than one (1) part in ten thousand (10,000).

(c)    Unless specifically waived by the municipal agency, the bearing system used on the exterior boundaries of the final plat shall conform to the New Jersey State Plane Coordinate System, or the plat shall show bearings based on said system in addition to any other bearings shown. When multiple bearing systems are shown, the bearings conforming to the New Jersey State Plane Coordinate System shall be enclosed in brackets.

(d)   Unless specifically waived by the municipal agency, coordinates based on the New Jersey State Plane Coordinate System (x and y) shall be shown, individually or in tabular form, for the monumented (existing or proposed) corners of the exterior boundary of the tract.

(e)    The source of the New Jersey State Plane Coordinate System information shown as required above shall be noted on the final plat.

(f)    The final plat shall not be drawn at a scale smaller than one (1) inch equals fifty (50) feet nor larger than one (1) inch equals ten (10) feet. If the size of the site would require the use of more than one (1) sheet in order to show the entire site on one (1) sheet, the detailed information for the final plat shall be shown in sections not larger than thirty-six by twenty-four (36 x 24) inches, which sheets shall be keyed to an overall plan of the site drawn at a scale of not less than one (1) inch equals two hundred (200) feet.

(g)    The final plat shall be based on a current, certified boundary survey prepared in accordance with N.J.A.C. 13:40-5.1, Preparation of Land Surveys. The date of the survey and the name, signature and license number of the professional land surveyor making the same shall be shown on the map.

(2)    Purpose of a final plat. A final plat and supporting drawings and documents for a proposed subdivision constitute the complete and fully detailed and documented development of the subdivision proposal and become the basis for the construction of the subdivision and inspection by the Municipal Engineer, other officials and Planning Board or Board of Adjustment. The portion of the plat intended for filing must be recorded at the County Clerk's office to have legal status.

(3)    Title block. The title block shall appear on all sheets in the lower right-hand corner and include:

(a)    The title, to read "Final Plat - Major Subdivision."

(b)    The development name, if any.

(c)    The Tax Map sheet, block and lot numbers of the tract to be subdivided as shown on the latest Municipal Tax Map, the date of which shall also be shown.

(d)   The date of the original and all revisions.

(e)    The names and addresses of the owner and subdivider, so designated.

(f)    The names, signatures, addresses and license numbers of the engineer and land surveyor who prepared the map. (The plat shall bear the embossed seal of said engineer and land surveyor.)

(g)    The docket number above the title block.

(4)    The final plat shall be based on a monumented, current, certified boundary survey prepared in accordance with N.J.A.C. 13:40-5.1, Preparation of Land Surveys. The date of the survey and the name of the person making the same shall be shown on the map. If twelve (12) months or more have passed since the date or dates of the last recertification of the survey, it shall be recertified and, if necessary, brought up to date. Any necessary revisions from the survey used as a basis for the tentative plat shall be specifically noted.

(5)    A schedule shall be placed on the map indicating the acreage of the tract, the number of lots, the zone, the minimum required lot areas, setbacks, yards and dimensions.

(6)    All design information submissions required by the provisions of the improvements and design standards portions of this chapter shall accompany the final plat.

(7)    A grading plan showing existing and proposed grading contours at one-foot intervals throughout the tract, except that if slopes exceed five percent (5%), a two-foot interval may be used, and if they exceed ten percent (10%), a five-foot interval is permissible. Datum shall be NGVD-1929, and the source of datum shall be noted. In addition to proposed grading contours, sufficient additional spot elevations shall be shown to clearly delineate proposed grading, including corner elevations of buildings and first floor and basement elevations.

(8)    The limits of all areas of proposed cuts and fills, exclusive of excavations for basements, shall be clearly designated.

(9)    On-site drainage plan.

(a)    The drainage plan shall be presented in graphic form which shall clearly show the street and lot layout and those items which are pertinent to drainage, including existing and proposed contours as previously required.

(b)    The plan shall outline each area contributing to each inlet.

(c)    All proposed drainage shall be shown with pipe type and sizes, invert and grate or rim elevations, grades and direction of flow. The direction of flow of all surface waters and of all streams shall be shown.

(d)   The drainage plan shall be accompanied by complete drainage calculations made in accordance with standards set forth herein.

(10)  Off-site drainage plan. The final plat shall also be accompanied by an off site drainage plan prepared in accordance with the following standards:

(a)    The plan shall consist of an outline of the entire drainage basin in which the property to be subdivided is located. The terminus of the basin and existing ground contours or other basis for determining basin limits shall be shown.

(b)    The pertinent off site existing drainage shall be shown with elevations of inverts and grade to the nearest one-tenth (0.1) of a foot.

(c)    To the extent that information is available and may be obtained from the County or Municipal Engineer(s), any existing plans for drainage improvements shall be shown.

(d)   In the event that a temporary drainage system is proposed, full plans of that system shall be shown.

(e)    The off-site drainage plans shall be accompanied by profiles of all proposed drainage, showing existing and proposed finished grades, channel section details, pipe sizes, types, inverts, crowns and slopes; all proposed structures and connections; and design hydraulic grade lines for all conduits designed to carry forty (40) or more cubic feet per second. Cross sections at intervals not exceeding one hundred (100) feet shall be shown for all open channels.

(11)  Center-line profiles of all proposed streets showing.

(a)    Existing and proposed finished grades and slopes.

(b)    Pipe sizes, slope, types, inverts and grate or rim elevations of drainage and sanitary sewerage facilities.

(12)  Where required by the Municipal Engineer, cross sections of proposed streets to at least ten (10) feet outside of any grading limit at intervals of at least every one hundred (100) feet of all proposed streets.

(13)  Where required by the Planning Board or Board of Adjustment, Environmental Commission or Shade Tree Commission, the location, caliper and type of all:

(a)    Living deciduous trees having a trunk of four (4) inches or greater in diameter at a height of four (4) feet.

(b)    All living coniferous trees having a trunk of four (4) inches or greater in diameter at a height of four (4) feet.

(14)  The number, location and species of all proposed trees, shrubs and/or ground cover plant materials and planting details of the same.

(15)  Utility, layouts, specifications and cross sections (sewers, water, gas, electric, telephone, etc.) showing feasible connections to any existing or proposed utility systems; provided, however, that detailed layouts of gas, electric and telephone lines are not required. An indication of these on a typical road cross section shall be sufficient. Layouts shall include proposed locations of streetlights and fire hydrants. If private utilities are proposed, they shall comply with all local, county and state regulations.

(16)  The tops of the banks and boundaries of the floodways and flood hazard areas of all existing watercourses, where such have been delineated, or the limits of alluvial soils, where boundaries of floodways and flood hazard areas have not been determined, and/or such other information as may assist the Board in the determination of floodway and flood hazard area limits.

(17)  Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way, land to be reserved or dedicated to public use, all lot lines and site easement lines, with accurate dimensions and bearings and radii, tangents, chords, arcs and central angles of all curves and all front, rear and side (or yard) setback lines.

(18)  All monuments in accordance with N.J.S.A. 46:23-9.9 et seq., the Map Filing Law, including all monuments found, monuments set and monuments to be set and an indication of monumentation found and reset.

(19)  Certificate of professional land surveyor as to accuracy of the details of the plat.

(20)  Lot and block numbers shown on the final plat shall conform to the Municipal Tax Map (or proposed revisions thereof) and shall be obtained by the applicant's engineer and/or surveyor from the Municipal Engineer. Proposed house numbers shall be obtained from the Municipal Engineer and shall be shown encircled on the final plat, or on one (1) of the attachments thereto. The Municipal Engineer shall not affix his signature to the final plat unless the applicant has fully complied in this regard.

(21)  Subdivision names and street names shown on the final plat shall not be the same or similar to any name of any existing subdivision or street in the municipality and shall be approved by the Municipal Engineer.

(22)  The location of areas dedicated for park and recreation facilities or common open space as approved by the Board.

(23)  Unless waived by the Board, a detailed plan setting forth the type and location of all traffic control and regulatory devices. This plan shall have been approved by the New Jersey Department of Transportation. This plan shall be prepared by consultation with the Municipal Engineer and the Chief of Police and shall provide for all appropriate traffic control measures necessary for the health, safety, convenience and well-being of those occupying, or likely to occupy, the subdivision between final approval and final acceptance. This plan shall be accompanied by the formal request for N.J.S.A. 39:1-1 et seq.

(24)  Such other information as the Board and/or Municipal Engineer may request during review.

(25)  Sectionalization of final plats shall be in conformance with the sectionalization and staging plan, if any, approved with the preliminary plat.

C.   Conditions of approval. Any approval of an application for development of a final plat of a major subdivision shall be subject to the following conditions being satisfied within ninety-five (95) days of action by the approving authority, or such period of time as specified by the Planning Board or Board of Adjustment, prior to the signing of the plat or issuance of a development permit:

(1)    Payment of any outstanding real estate taxes and property improvement assessments.

(2)    Submission of additional prints of the plat map and attachments for distribution, if required.

(3)    Publication of a notice of the decision of the Board by the administrative officer (Planning Board or Board of Adjustment Secretary) within the time set forth in this chapter.

(4)    Final Middlesex County Planning Board approval, if not previously obtained.

(5)    Any other utility company final approval.

(6)    Final Public Service Electric and Gas Company, Elizabethtown Gas Company, New Jersey Bell Telephone and Cable Television Company service agreements.

(7)    Certification of soil erosion and sediment control plans, if not previously obtained.

(8)    Fire Department approval, if not previously obtained.

(9)    Granting of a New Jersey Department of Environmental Protection permit as required.

(10)  Granting of any required construction permits.

(11)  Posting of required performance guaranties.

(12)  Payment of required inspection fees.

(13)  Evidence of a comprehensive general liability insurance policy in an amount not less than three hundred thousand dollars ($300,000.) per occurrence indemnifying and saving harmless the municipality and its agencies, employees and agents from any liability for any acts of the subdivider or his agents, contractors or employees in the implementation of the approved subdivision. The insurance policy shall provide for ten (10) days' notice to the municipality prior to cancellation. It shall be a violation of this chapter for any property owner, subdivider or builder to carry on the construction of a subdivision without having current valid evidence of insurance on file.

D.   Certification. In the event that the application for development for a final plat of a major subdivision is approved, a certification to that effect in this form:

      Approved as a preliminary plat of a major subdivision by the City of Perth Amboy Planning Board (Board of Adjustment) on_______________________________________________________

                                                         ______________________

                                                                    Chairman

      Attest:

      _________________________       ______________________

                    Secretary                                    Date

      This plat must be filed in the office of the Clerk of Middlesex County on or before _____________, which date is ninety-five (95) days after the date upon which this plat was signed.

      _________________________

                                                                       Secretary

      _________________________

                                                           Municipal Engineer

      shall be endorsed on the plat, and the original reproducible thereof shall be provided to the Board by the applicant. Said original shall be signed by the Chairman and Secretary of the Board and the Municipal Engineer (as to the Map Filing Law28 certification), after they receive a certification from the administrative officer (Planning Board or Board of Adjustment Secretary) that all conditions of approval have been satisfied. After the signature, the plat shall be reproduced as provided for in this chapter, and the signed original shall be returned to the applicant for filing.

28Editor's Note: See N.J.S.A. 46:23-9.9 et seq.

E.   Filing of approved plat. If the applicant desires to proceed with a subdivision for which final approval has been granted, he shall file with the County Recording Officer a plat map drawn in compliance with the New Jersey Map Filing Law (N.J.S.A. 46:23-9.9 et seq.), as amended and supplemented, within ninety-five (95) days from the date upon which said plat was signed by the Planning Board Chairman and Secretary and Municipal Engineer/Land Surveyor. The applicant shall, within one (1) week after filing the subdivision with the County Recording Officer, notify in writing the Municipal Engineer and Municipal Tax Assessor of the date of filing of the subdivision with the County Recording Officer and the case and sheet or page number for the filed map. A duplicate tracing of the filed map indicating thereof the filing date shall be obtained from the County Recording Officer by the applicant, who shall return the copies of the final map to the municipal administrative officer for their appropriate use.

F.   Final approval.

(1)    Application for final subdivision approval shall be granted or denied within forty-five (45) days of submission of a complete application to the Planning Board Subdivision Committee or Board of Adjustment or within such further time as may be consented to by the applicant.

(2)    Final approval shall expire ninety-five (95) days from the date of the passage of the resolution of final approval if, during that time, all conditions provided for in the resolution of approval have not been fully complied with, performance guaranties posted, the plans signed by the appropriate officials and the plats duly filed with the County Recording Officer, the Municipal Engineer, the Municipal Tax Assessor and the Municipal Tax Collector. The Planning Board may, for good cause shown, extend the period of recording for an additional period not to exceed one hundred ninety (190) days from the date of the passage of the resolution of final approval.

G.   Effect of final approval.

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

(2)    In the case of a subdivision for a residential cluster of fifty (50) acres or more or conventional subdivision or site plan for one hundred fifty (150) acres or more, the Planning Board may grant rights for such period of time, longer than two (2) years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.

H.   Combined preliminary and final major subdivision approval.

(1)    An applicant may request and the Planning Board may consent to accept an application for development for combined preliminary and final major subdivision approval, provided that:

(a)    The proposed development is not to be constructed in sections or stages.

(b)    The applicant pays the application fees and provides all submissions required for both preliminary and final applications.

(c)    Any notice of hearing requirements applicable to the preliminary plat stage is complied with.

(d)   The applicant consents to the time limits for action by the Board, to be the greater of the limits set for either preliminary or final approval.

(e)    The Board is satisfied that the scope of the project is not so large or so complex as to require the additional review time which separate applications would provide.

(2)    Any approval granted by the Planning Board or such combined application shall confer upon the applicant all the rights set forth in this section for final approval.

I.    Display of final plat. The subdivider or his agent shall keep a clear and legible copy of the approved final plat in plain view in a prominent location in his offices and/or sales rooms from which sales in the approved subdivisions are made so that prospective purchasers may have the opportunity to learn the special conditions, if any, under which approval was given.

 

 

§ 430-53. Final plat of major site plan.

A.   Required documents. Prior to issuance of a certificate of completeness or scheduling of a final plat of a major site plan for public hearing, the Planning Board Subdivision Committee or Board of Adjustment shall determine that the following have been submitted in proper form:

(1)    The Municipal Engineer's or Board Consultant's report.

(2)    The application for state wetlands approval, if required.

(3)    The application for a stream encroachment permit, where required.

(4)    Where applicable, a copy of the permit issued or, if the permit has not been issued, the application filed with the New Jersey Department of Environmental Protection and copies of the environmental impact statement and any attachments thereto filed in accordance with the provisions of the Act or, in the alternate, a statement issued by the Department of Environmental Protection that the proposed development is exempt from the Act.

(5)    Other submittals that may be required by the Planning Board, Board of Adjustment or federal, state, county or municipal law.

(6)    Required application fees as set forth in this chapter.

(7)    Fifteen (15) copies of a plat and attachments meeting the requirements set forth below.

B.   Plat requirements. The final plat shall include all data required for the preliminary plat of the major site plan and shall be drawn to incorporate all changes required as a condition of preliminary approval and shall be drawn by persons and to specifications as required for a preliminary plat and shall be titled "Final Plat - Major Site Plan."

C.   Conditions of approval. Any approval of an application for development of a final plat of a major site plan shall be subject to the following conditions being satisfied, within a period of time specified by the Planning Board or Board of Adjustment, prior to the signing of the plat or issuance of a development permit:

(1)    Payment of any outstanding real estate taxes and property improvement assessments.

(2)    Submission of additional prints of the plat map and attachments for distribution, if required.

(3)    Publication of a notice of the decision of the Board by the administrative officer (Planning Board or Board of Adjustment Secretary) within the time set forth in this chapter.

(4)    Final Middlesex County Planning Board approval, if not previously obtained.

(5)    Any other utility company final approval.

(6)    Final Jersey Central Power and Light Company, New Jersey Natural Gas Company, Public Service Electric and Gas Company, New Jersey Bell Telephone and Cable Television Company service agreements.

(7)    Certification of soil erosion and sediment control plans, if not previously obtained.

(8)    Fire Department approval, if not previously obtained.

(9)    Granting of a New Jersey Department of Environmental Protection permit as required.

(10)  Granting of any required construction permits.

(11)  Posting of required performance guaranties.

(12)  Payment of required inspection fees.

(13)  Evidence of a comprehensive general liability insurance policy in an amount not less than three hundred thousand dollars ($300,000.) per occurrence indemnifying and saving harmless the municipality and its agencies, employees and agents from any liability for any acts of the subdivider or his agents, contractors or employees in the implementation of the approved site plan. The insurance policy shall provide for ten (10) days' notice to the municipality prior to cancellation. It shall be a violation of this chapter for any property owner, subdivider or builder to carry on the construction of a site without having current valid evidence of insurance on file.

D.   Certification. In the event that the application for development for a final plat of a major site plan is approved, a certification to that effect in this form:

      Approved as a preliminary plat of a major subdivision by the City of Perth Amboy Planning Board (Board of Adjustment) on_______________________________________________________

                                                         ______________________

                                                                    Chairman

      Attest:

      _________________________       ______________________

                    Secretary                                    Date

      _________________________       ______________________

            Municipal Engineer                            Date

      shall be endorsed on the plat, and the original reproducible thereof shall be provided to the Board by the applicant. Said original shall be signed by the Chairman and Secretary of the Board and Municipal Engineer after they receive a certification from the administrative officer (Planning Board or Board of Adjustment Secretary) that all conditions of approval have been satisfied. After the signature, the plat shall be reproduced as provided for in this chapter, and the signed original shall be returned to the applicant.

E.   Filing of approved plat. If the applicant desires to proceed with a subdivision for which final approval has been granted, he shall file with the County Recording Officer a plat map drawn in compliance with the New Jersey Map Filing Law (N.J.S.A. 46:23-9.9 et seq.), as amended and supplemented, within ninety-five (95) days from the date upon which said plat was signed by the Planning Board Chairman and Secretary. The applicant shall, within one (1) week after filing the subdivision with the County Recording Officer, notify in writing the Municipal Engineer and Municipal Tax Assessor of the date of filing of the subdivision with the County Recording Officer and the case and sheet or page number for the filed map. A duplicate tracing of the filed map indicating thereof the filing date shall be obtained from the County Recording Officer by the Municipal Clerk, who shall distribute copies of the filed map to appropriate municipal officials. In the event that the subdivider fails to so file within the period allowed, the approval of the plat shall expire, unless, prior to expiration, such time is extended by the Board for a period not to exceed ninety-five (95) days for good cause shown.

F.   Final approval. Application for final site plan approval shall be granted or denied within forty-five (45) days of submission of a complete application to the administrative officer (Planning Board or Board of Adjustment Secretary) or within such further time as may be consented to by the applicant.

G.   Effect of final approval.

(1)    The zoning requirements applicable to the preliminary approval first granted and all other rights conferred upon the developer at preliminary approval, whether conditionally or otherwise, shall not be changed for a period of two (2) years after the date of final approval. If the developer has followed the standards prescribed for final approval, the Planning Board may extend such period of protection for extensions of one (1) year, but not to exceed three (3) extensions. Notwithstanding any other provisions of N.J.S.A. 40:55D-1 et seq., the granting of final approval terminates the time period of the rights conferred by preliminary approval for the section which is granted final approval.

(2)    In the case of a site plan of fifty (50) acres or more, the Planning Board may grant rights for such period of time, longer than two (2) years, as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, economic conditions and the comprehensiveness of the development. The developer may apply for thereafter, and the Planning Board may thereafter grant, an extension of final approval for such additional period of time as shall be determined by the Planning Board to be reasonable, taking into consideration the number of dwelling units and nonresidential floor area permissible under final approval, the number of dwelling units and nonresidential floor area remaining to be developed, economic conditions and the comprehensiveness of the development.

(3)    Final approval will expire ninety-five (95) days from the date of passage of the resolution of final approval, if during that time all conditions provided for in the resolution of approval have not been fully complied with, performance guaranties posted and the plans signed by the appropriate officials. The Planning Board may, for good cause shown, extend this time period.

 

 

ARTICLE VI   Fees and Escrow Amounts

 

§ 430-54. Fees and escrow amounts established.

A.   Conventional applications.

(1)    Required fees and escrow amounts. The following list of applications must be accompanied, at the time of submission of the application, by the fees and escrow amounts set forth in the schedule below. These fees and escrow amounts shall consist of the sum of the following.

(a)    In Column A, an administrative fee which is charged to the applicant to cover the costs associated with the clerical processing and filing of the application, which fee shall be nonrefundable.

(b)    In Column B, a professional review escrow amount which shall be deposited into the professional review escrow account maintained by the Municipal Treasurer. The deposit required of the applicant and deposited into the professional review escrow account shall cover the costs associated with the required review of the application by the Zoning or Planning Board's Engineer, Planner, administrative officer or Attorney and, for applications submitted pursuant to N.J.S.A. 40:55D-1 et seq., such other professionals as the Boards may reasonably require, which review may include a written report on the application to be submitted to the Board. Prior to drawing moneys out of the professional review escrow account, each professional engaged by the Board shall submit an estimate of the anticipated cost of review of the application to the administrative officer at the Technical Review Committee meeting. Following the conclusion of the hearings and meetings regarding the application, any unused funds deposited by an applicant into the professional review escrow account shall be refunded to the applicant.

(2)    Additional fees; request for additional professional review. An applicant may request that a Board professional schedule additional time, in excess of that covered by the moneys paid into the professional review escrow account, for review of a specific application. If the Board professional consents to such a request, both the applicant and the professional shall sign a consent form authorizing such additional review. When the additional review is completed, the professional shall submit an invoice to the administrative officer, detailing the number of hours expended for such review, the professional's fee and a description of the work performed. Said invoice shall be due and payable by the applicant prior to memorialization of the Board's decision on the particular application. After receiving estimates by the Board professionals, the administrative officer shall notify the applicant, in writing, of any additional escrow fees required to complete the review of said application.

Schedule

Conventional Applications [Amended 9-14-2011 by Ord. No. 1574-2011]

 

 

Type of Development Application

 

Column A Administrative Fee

Column B Professional Review and Escrow Fee

Minor subdivision

$500.

$1,500.

Major subdivision

 

 

    Preliminary

$1,000.

$1,500. + $100./lot

Final

$500.

$250.

$750.

$50./lot

Minor site plan

$500.

$2,500.

Major site plan

 

 

    Residential preliminary

$1,500.

$3,500. + $100./dwelling unit

    Residential final

$750. + $25./unit

$1,000. + $50./unit

Retail preliminary

 

 

    Less than 10,000 square feet

$750.

$3,500.

    Less than 20,000 square feet

$1,000.

$4,500.

    More than 20,001 square feet

$1,250.

$6,000.

Retail final

$350.

$1,500.

Office preliminary

 

 

    Less than 10,000 square feet

$500.

$1,500.

    Less than 30,000 square feet

$600.

$2,500.

    More than 30,000 square feet

$700.

$4,000.

 

Office final

$250.

$1,500.

 

Industrial preliminary

$250.

$15./1,000 square feet

$2,500.

$50./1,000 square feet

 

Industrial final

$100.

$1,500.

 

Planned development overall plan

$2,500.

$5,000.

 

Other planned developments

    (as defined in

    N.J.S.A. 40:55D-6)

$2,500.

$5,000.

 

Planning permits

    (pursuant to N.J.S.A.

    40:55D-34 and 40:55D-35)

$250.

$1,500.

 

Applications for variance

    (as set forth in N.J.S.A.

    40:55D-39a, appeal from

    Administrative official or

    agency)

$100.

$1,500.

 

Conditional use

    (all conditions satisfied heard

    by Planning Board

    N.J.S.A. 40:55D-70d)

$350.

$3,000.

 

Interpretation

 

 

 

    (pursuant to N.J.S.A.

    40:55D-70b)

$200.

$1,000.

 

Application for use variance

    (pursuant to N.J.S.A.

    40:55D-70d)

$200.

$2,000.

 

Certificate of preexisting

    nonconforming use (pursuant

    to N.J.S.A. 40:55D-68)

$100.

$500.

 

Informal conceptual review

        Proposed small-scale

        development 

        (less than 10 acres)

$100.

$1,500.

 

Proposed large-scale         development

        (more than 10 acres)

$100.

$2,500.

 

Bulk and use variance

        (pursuant to N.J.S.A.         40:55D-70c and d)

        Single or double

        undersized lots variance         (application involving

        only 1 lot occupied or to be         occupied by only

        1 single-family dwelling)

 

$100.

 

$350.

 

Application by single- or two-        family homeowner

        of single lot or bulk         variances (homeowner         application involving

        remodeling or expansion        of existing home)

$100.

$250.

 

Resubmission of plans

        (required for all         applications)

$0.00

1/3 of original escrow fee

 

Zoning Permit Application         Review Fee

$25.

 

 

Resubmission Zoning Permit         Application Review Fee

 

$15.

 

 

Request for Zoning Information

$25.

 

 

(3)    Variances and exceptions. In addition to the administrative fees and professional review escrow amount set forth in the schedule above, additional professional review escrow amounts, where applicable, and in the following amounts shall also be paid by the applicant. Thus the total amount paid by the applicant should consist of the sum of the administrative fee, plus the professional review escrow amount, plus the add-ons for requested building variances and exceptions.

(a)    For every bulk variance that is requested as part of the application, three hundred fifty dollars ($350.) per variance.

(b)    For every exception (pursuant to N.J.S.A. 40:55D-51) that is requested as part of the application, one hundred fifty dollars ($150.) per exception. The applicant or his agent shall request in writing this refund by certified mail. [Amended 9-21-2005 by Ord. No. 1304-2005]

B.   Complex application.

(1)    [Repealed 9-14-2011 by Ord. No. 1574-2011]

(2)    Additional amounts; request for additional professional review. An applicant may request that a Board professional schedule additional time, in excess of that covered by the moneys paid into the professional review escrow account, for review of a specific application. If the Board professional consents to such a request, both the applicant and the professional shall sign a consent form authorizing such additional review. When the additional review is completed, the professional shall submit an invoice to the administrative officer, detailing the number of hours expended for such review, the professional's fee and a description of the work performed. Said invoice shall be due and payable by the applicant prior to memorialization of the Board's decision on the particular application.

C.   "D" variances. On each application for a "d" variance filed pursuant to N.J.S.A. 40:55D-70d, the applicant shall be required to post to the professional review escrow account a minimum amount of one thousand dollars ($1,000.). The applicant shall also be required to post such additional amounts into the professional review escrow account as may be deemed to be reasonably required by the Board to appropriately consider the application. The amounts required pursuant to this subsection shall be required to cover the costs of review of the application by the Board's Engineer, Planner, administrative officer and Attorney, as well as the costs of possible review, in appropriate instances, by special professionals (e.g., traffic, landscaping and environmental professionals) required to review specific aspects of the applications. An applicant shall be notified in writing when additional amounts to restore the professional review escrow account shall become due and payable. Prior to withdrawal of any funds from this professional review escrow account, an invoice shall be submitted to the administrative officer setting forth the work performed for which such fees are being requested. Following conclusion of the hearings and meetings regarding the application, any unused portion of this professional review escrow account shall be refunded to the applicant.

D.   Fees for meeting.

(1)    Special professional meetings. Any applicant for development may request that a special meeting be scheduled between the applicant and its professionals and the Board planner, engineer and attorney. Such meetings shall be scheduled upon request of the applicant and at the discretion of the Chairperson or Board Attorney. If the request is directed to the Board Attorney, the Attorney shall notify the Chairperson, in writing, of the scheduled time and place of the meeting. The applicant shall post one thousand five hundred dollars ($1,500.) in the professional review escrow account for such a meeting, which professional review escrow amount shall provide for a meeting of a minimum of one (1) hour and shall be deemed to include, for purposes of calculating the time of the Board's professionals, a minimum one-half (1/2) hour of preparation time and one-half (1/2) hour of post-meeting time. Said professional review escrow account shall be posted by the applicant prior to or at the commencement of the meeting.

(2)    Special Planning Board or Zoning Board of Adjustment meeting. Any applicant may request that a special meeting of a Board be scheduled and devoted exclusively to a single application. Such meeting shall be scheduled upon request of the applicant and at the discretion of either the Board Chairperson or his/her designee. Such special meeting shall be of no more than a three-hour duration. The time of the Board's professionals required to prepare for and follow up after such special meeting shall be charged against such professional review escrow account and shall be posted by the applicant prior to or at the commencement of the special meeting. If such a meeting shall, by agreement of the Board and the applicant, extend beyond the three-hour meeting time allotted, the applicant shall deposit any additional funds into the professional review escrow account which may be required to cover the costs of the additional time expended by the Board's professionals for such an extended meeting. All such additional amounts shall be paid by the applicant promptly after the meeting. In addition to the additional escrow amounts, the applicant shall also be required to pay an administrative fee equal to one-third (1/3) the original administrative fee for each special meeting held.

(3)    Where an application for development includes several approval requests, the sum of the individual required fees shall be paid, except that there shall be no cumulative fees charged to an applicant for individual bulk variances which may be part of a "d" variance application.

E.   Waiver and remission of fees.

(1)    The Board, when acting upon application, shall have the power, for good cause shown, to grant a remission or waiver from all or any portion of the fee schedules hereinabove established based upon any of the following.

(a)    The nonprofit status of the applicant.

(b)    A determination that collection of the fees would constitute an economic hardship upon the applicant.

(c)    The unique characteristics of the application, making collection of the full fees substantially disproportionate to the regulatory costs applicable to reviewing the application.

(d)   For other good cause established in the record.

(2)    The fees set forth in the aforementioned schedules are exclusive of any other charges which may be required by the municipality to cover the costs of the furnishing of copies, ordinances, lists of property owners or transcripts or the inspection of buildings or improvements in conjunction with the issuance of construction permits or certificates of occupancy.

(3)    In the event that any fees paid by an applicant into the professional review escrow account shall exceed five thousand dollars ($5,000.), such applicant's account shall be placed into an interest-bearing trust account in conformance with the requirements of N.J.S.A.40:55D-53.1. The applicant shall be notified, in writing, of the institution in which the deposit has been made and the amount of such deposit. Any interest earned on the account shall be applied in accordance with the provisions of N.J.S.A.40:55D-53.1. The municipality shall keep records of all application fees paid in accordance with generally accepted accounting principles. The fees for all professional reviews of an application shall be charged to the applicant at the same rate and in the same manner as that charged by the professional to the municipality.

 

 

ARTICLE VII   Nonconforming Uses and Structures

 

§ 430-55. Nonconforming uses, structures or lots.

   The lawful use of land, buildings or structures existing when this chapter was adopted may be continued on the lot or in the structure although it may not conform to this chapter, and any such structure may be restored or repaired in the event of partial destruction thereof; provided, however, that none shall be enlarged, extended, relocated, converted to another use or altered, except in conformity with this chapter and as permitted below. Land on which a nonconforming use or structure is located, and any nonconforming lot, shall not be subdivided or resubdivided so as to be made more nonconforming in any manner.

 

 

§ 430-56. General regulations and interpretations.

A.   A nonconforming use of a structure, a nonconforming use of land or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this chapter by the attachment on a building or premises of additional signs intended to be seen from off the premises or by the addition of other uses of a nature which would be prohibited generally in the district involved.

B.   To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun after a building permit was obtained and prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on starting within six (6) months of the date of issuance of the building permit and achieving completion within one (1) year of the date of adoption of this chapter. "Actual construction" is hereby defined to include the placing of construction materials in permanent position and fastening in a permanent manner, except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved within one (1) year of the date of adoption of this chapter.

C.   Abandonment.

(1)    A nonconforming use shall be considered abandoned if:

(a)    The use ceases or is discontinued without intent to resume, but excluding temporary or short-term interruption to a use or activity during periods of renovating, maintenance, normal vacation or seasonal closing.

(b)    The owner or user relinquishes the property or there is a cessation of the use of the property with the intention neither of transferring right to the property to another owner nor of reusing the use of the property.

(2)    The subsequent use of the abandoned building, structure and/or land shall be in conformity with this chapter.

D.   Conversion to permitted use. Any nonconforming building, structure or use may be changed to conform to this chapter but shall not be changed back to a nonconforming status. Site plan review and approval of this conversion shall be required for any change in use.

E.   Maintenance may be performed on a nonconforming use, structure or lot, provided that the maintenance work does not change the use, expand the building or the functional use of the building, increase the area of a lot used for a nonconforming purpose or increase the nonconformity in any manner.

F.   Nonconforming lots and structures. As applied to individual single family units, for any structure on a conforming or nonconforming lot which violates any bulk requirement, additions to the principal building and/or accessory building may be constructed without an appeal for variance, provided that the total permitted building coverage regulation is not exceeded and the accessory building and/or the addition to the principal building does not create any new violations of this chapter and/or does not further extend or intensify an existing bulk violation. [Amended 9-21-2005 by Ord. No. 1304-2005]

G.   Restoration and repairs.

(1)    Any nonconforming building, structure or use which has been condemned or damaged by fire, explosion, flood, windstorm or act of God shall be examined by the Code Enforcement Officer or his designee. If in his opinion the value of repairing the condition is greater than fifty percent (50%) of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a use variance as provided by this chapter. [Amended 9-21-2005 by Ord. No. 1304-2005]

(2)    Where the value of repairing the condition is determined to be less than or equal to fifty percent (50%) of the value of replacing the entire structure, the nonconforming structure or use may be rebuilt and all used for the same purpose as before, provided that it does not exceed the height, area and bulk of the original structure.

(3)    The percent damaged or condemned shall be the current replacement costs of the portion damaged or condemned computed as a percentage of the current replacement cost of the entire structure, neither to include the cost of the foundation unless the foundation is damaged or condemned.

H.   Sale. Any nonconforming use, structure or lot may be sold and continue to function in the same nonconforming manner.

I.    The burden of proving the existence of a nonconforming use is upon the party asserting such uses. The evidence presented must establish what the use was at the time of adoption of this chapter, its character, extent and intensity, that the use was a continuous use entitled to protection under this section and that it was lawful under the land use regulations in effect at its commencement. The applicant may not rely on the issuance of a occupancy permit or zoning permit together with cover letter permitting the expansion of a nonconforming use by the Zoning Officer or Construction Official. A certificate of occupancy is not a determination as to the legality of a use.

 

 

§ 430-57. Existing isolated lots.

A.   In any district, notwithstanding limitations imposed by other provisions of this chapter, any parcel of land with an area or width, or both, less than that prescribed for a lot in the zone in which the lot is located may be used as a lot for any permitted purpose in the zone, subject to the following:

(1)    At the time of and since the adoption of this chapter making such lot nonconforming, the owner of the lot did not own adjoining property.

(2)    All other regulations for yard dimensions are or can be complied with.

B.   A property owner must demonstrate that a lot was an isolated lot at the time of adoption of this chapter which made the lot nonconforming and that prior owners did not own adjoining property.

C.   In any district, notwithstanding limitations imposed by other provisions of this chapter, a lawful structure and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or single lot of record at the effective date of adoption or amendment of this chapter. Such lot must be in separate ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of area, width and yard requirements shall be obtained only through action of the appropriate board. [Amended 9-21-2005 by Ord. No. 1304-2005]

D.   If two (2) or more lots or a combination of lots and portions of lots within continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots does not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purpose of this chapter, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this chapter.

 

 

ARTICLE VIII   Conditional Uses

 

§ 430-58. Guiding principles; general provisions.

   Certain uses, activities and structures are necessary to serve the needs and to provide for the convenience of the citizens of the city. At the same time, appreciating the fact that any one of them may be or may become inimical to the public health, safety and general welfare of the community if located without due consideration to existing conditions and surroundings, such uses are designated as conditional uses subject to the standards and regulations hereby established. These standards and regulations are intended to provide the approving board with a guide for reviewing applications for conditional uses as provided for by this chapter. As a result of the review procedure, the applicant may be required to meet additional standards and regulations imposed by the approving board during site plan review which are in keeping with and will further the intent of these standards and regulations. Such standards and regulations shall be provided for and maintained as a condition of the establishment and maintenance of any use to which they are a condition of approval. In acting upon an application for conditional use approval, the approving board shall be guided by the following standards and principles:

A.   The use for which an application is being made is specifically listed as a conditional use within the zone where the property is located, and the exterior design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and that reasonable consideration is afforded to the following.

(1)    The compatibility of the proposed use(s) and/or structure(s) within the existing neighborhood.

(2)    The potential effect that the proposed use(s) and/or structure(s) will have upon property values.

(3)    The adequacy of the proposed parking and traffic circulation for the use(s) and/or structure(s) and the potential for traffic congestion and/or the creation of undue traffic hazards.

(4)    The need for such facility or use(s) to serve the area in which it is to be located.

(5)    The adequacy of proposed drainage facilities which will serve the use(s) and/or the structure(s).

(6)    The adequacy of plans for screening any adverse aspects of the use(s) and/or structure(s) from adjoining properties.

(7)    The adequacy of proposed outdoor lighting.

(8)    Compliance with the standards, principles and objectives of the Master Plan.

(9)    Compliance with the design standards, general provisions, submission requirements and other appropriate provisions of this chapter.

B.   Before any permit shall be issued for a conditional use, applications shall be made to the approving board. The approving board shall grant or deny the application after public hearing but within ninety-five (95) days of submission of a complete application or within such further time as may be consented to by the applicant. Notice of the hearing for a conditional use shall include reference to all matters being heard, including site plan and/or subdivision, and the approving board shall review and approve or deny the subdivision or site plan simultaneously with the conditional use application. Failure of the approving board to act within the required time period shall constitute approval of the application. In reviewing the conditional use application, the approving board shall review the requirements set forth in this chapter and shall give due consideration to all reasonable elements which would affect the public health, welfare, safety, comfort and convenience, such as, but not limited to, the proposed use(s), the character of the area, vehicular travel patterns and access, pedestrianways, landscaping, lighting, signs, drainage, sewage treatment, potable water supply, utilities and structural location(s) and orientation(s) and shall conduct a public hearing on the application. Each conditional use shall be considered as an individual case. In all requests for approval of conditional uses, the burden of proof shall be on the applicant. All conditional uses shall require site plan review and approval by the approving board except local municipal schools. [Amended 9-21-2005 by Ord. No. 1304-2005]

C.   In approving a conditional use, a time limit of three (3) years from the date of the approval shall be set forth within which the owner shall secure a building permit; otherwise the approval shall be null and void. The approving board may, for good cause shown, extend the period for securing a building permit for an additional period not exceeding one (1) year.

D.   If, prior to the issuance of a building permit pursuant to preliminary and final approval of a conditional use, any of the conditions upon which the approval was based can no longer be met, no longer exist or have become significantly altered, the conditional use approval shall be null and void.

E.   The following is a list of permitted conditional uses which are identified within the schedule of zones in Article III of this chapter. Standards and specifications for each permitted conditional use are set forth herein to enable the applicant to know their extent and limit.

(1)    Churches, synagogues and other similar places of worship. Churches may be permitted in those districts designated in this chapter upon application for a permit and upon determination by the approving authority that the following standards and conditions are met:

(a)    Plans, specifications and plot plans shall be filed with the approving authority showing overall dimensions, topographic conditions, the location, dimensions and intended use of existing and proposed buildings, parking and screening, the relationship of the proposed use to streets and adjacent properties and other physical features which might impact upon the general welfare.

(b)    Before issuing a permit, the approving board shall determine that the following standards are met:

[1]  The minimum lot area shall be forty thousand (40,000) square feet and the minimum frontage shall be two hundred (200) feet.

[2]  Off-street parking shall be provided at the ratio of one (1) off-street parking space for each two hundred (200) square feet of gross floor area or one (1) space for each three (3) occupants permitted under the applicable fire code regulations, whichever standard yields the greater number of required spaces. The cumulative parking demand of all activity areas within the proposed facility or structure shall be met by on-site, off-street parking areas.

[3]  Driveways shall cross the sidewalk at right angles and shall be no more than twenty-four (24) feet wide at any point. Driveways must be at least ten (10) feet from any side lot line and fifty (50) feet from the intersection of the street lines. No more than two (2) driveways shall be permitted for each two hundred fifty (250) feet of street frontage. Pedestrian and driveway movements shall be segregated to the maximum extent possible.

[4]  The approving authority shall determine that the site plan is appropriate to the adjacent area. It shall require buffers to protect surrounding properties from the effect of traffic lights or noise generated in connection with the use of the property. Such buffer area shall be constructed in conformance with the provisions of this chapter, or as supplemented by determination of the Board. The proposed use at the proposed location shall not adversely effect the property of adjacent owners. Compatibility with the size and character of adjacent uses shall be required.

[5]    Ancillary uses such as schools, rectories, convents and other accessory uses for religious and/or sectarian activities shall not be permitted as a freestanding use. Said ancillary uses shall only be permitted when proximate to and accessory to the permitted principal conditional use, i.e., the place of worship.

(2)    Automobile service stations. The following regulations shall apply to automobile service stations, automotive repair services and garages, public garages, filling stations and/or gas stations:

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

(b)    All gasoline pumps, air pumps and the islands upon which pumps are normally located shall be set back from the street line at least fifty (50) feet and from any other property line at least fifty (50) feet. A minimum space of twenty-five (25) feet shall exist between any two (2) islands and between any island and the service station building.

(c)    No junked motor vehicle or part thereof and no unregistered motor vehicle shall be permitted outside an enclosed service station building. Other than employee's vehicles, no more than six (6) motor vehicles may be stored or located outside a service station building at any given time, provided that the owners are awaiting the repair of said motor vehicles.

(d)   The exterior display of nonvehicular equipment for rent or sale shall be permitted, provided that:

[1]    The area devoted to this purpose is in addition to the minimum lot size required for a service station.

[2]    The area devoted to this purpose does not exceed ten percent (10%) of the total area of the entire site.

[3]    The maximum sign area for a service station is not exceeded.

[4]    The location of the equipment being rented or sold does not interfere with the off street parking requirements for the station and does not interfere with the traffic circulation indicated on the approved site plan.

(e)    The proposed use shall be located on a lot not less than twenty thousand (20,000) square feet, in an area which is not located at the corner of any dangerous street intersection as determined by Police Department accident records, and the lot lines of which are located not less than one thousand (1,000) feet from any school offering courses of general educational instruction, hospital, church or library and not less than two thousand (2,000) feet from an existing auto repair or service station.

(f)    It is intended that service stations be designed compatibly with other permitted commercial or industrial uses in the zone in which they are located and that they not be stripped along the available highway frontage or at each quadrant of a convenient intersection.

(g)    All filling station storage tanks shall be placed in a six-inch-thick concrete cradle. All filler spouts, vents and gauging and venting areas shall be covered by a six-inch-thick concrete plate. Emergency shutoff and venting equipment shall conform to the most recent federal and state requirements, as they may from time to time be revised.

(h)   Ingress and egress turning movements shall be designed and coordinated with the access points required for nearby uses, frequency of intersecting side streets, minimizing left turns off collector and arterial streets and maintaining building setbacks compatible with the required setbacks and landscaping.

(i)    No automotive vehicle of any kind may be displayed for sale or lease from any service station.

(j)    Off-street parking shall be provided at the rate of three (3) spaces per service bay, plus one (1) space per service vehicle, plus one (1) space for each employee on the maximum shift.

(k)   Canopies. A cantilevered cover or canopy may be permitted to extend into the front yard, provided that it is at least thirty (30) feet from any front property line and maintains the required setback of the zone.

(l)    Curb cuts and driveways.

[1]    On a comer lot, a driveway shall be at least twenty-five (25) feet from the street intersection intersecting right-of-way line as measured along the right-of-way line.

[2]    Driveways shall be no less than twenty-five (25) feet and no more than thirty (30) feet wide as measured along the right-of-way line. The driveway shall be flared or slanted at the curbline to facilitate auto ingress and egress.

[3]    Curb cuts shall be no less than ten (10) feet from any adjacent property line extended to the curbline.

[4]    Any two (2) driveways giving access to a single street shall be separated by a curbed island of at least twenty (20) feet.

[5]    A raised curb of at least six (6) inches in height shall be provided along the street property lines, except for driveway openings.

[6]    There shall not be more than two (2) curb cuts providing access to any one (1) street.

(m)  Signs.

[1]    Freestanding signs. One (1) freestanding sign shall be permitted, provided that the aggregate area of all sides of the sign shall not exceed forty (40) square feet.

[2]    Facade signs. Facade signs shall be allowed on front or side facades so as not to exceed ten percent (10%) of the square footage of the facade on which it is located.

[3]    Other signs. Other signs that may be required by state or federal law shall be allowed, but no other advertising signs shall be permitted.

[4] All other sign requirements of this chapter shall apply.

[5]    In the case of a multi-use facility, only one (1) freestanding sign per that facility in total shall be permitted. The placement of individual signs for individual uses shall not be permitted.

(n)   Lighting. All lighting shall be so designed, arranged and installed as to reflect all light down and away from adjoining properties and streets and highways. No strings of multiple lights shall be permitted.

(o)    Pavement. All parking, access and driveway areas shall be paved with a permanent surface, such as macadam, with proper drainage so as not to affect adjacent property owners.

(p)   Accessory buildings. All lifts, lubrication equipment, service pits and goods for sale shall be enclosed within the service stations. Exterior storage of any vehicle requiring body work or which is inoperable because of major repairs required shall not be permitted.

(q)    Trash and garbage. A solid enclosed area shall be provided for the temporary storage of trash, garbage and unusable automotive parts. Except for tires, all trash shall be stored in tight containers. The enclosed area shall be so designed that the trash shall not be seen from a public street or from adjoining properties.

(r)    Fuel tanks. Underground fuel storage tanks shall comply with all current state and federal requirements.

(s)    Landscaping buffers and screening shall be provided as follows. In all zones where the above automotive services are permitted as a conditional use, the following minimum requirements shall be met:

[1]    A minimum landscaped area ten (10) feet wide shall be provided along all property lines abutting public streets, except where curb cuts are permitted.

[2]    All buffers and landscaped areas shall be protected from adjacent parking areas by curbs, or concrete, or wood bumpers at least six (6) inches in height and securely anchored into the ground.

[3]    Service areas and parking areas shall be screened from abutting property. A minimum of a six-foot high architecturally solid fence shall be erected on all property lines except the front property line.

[4]    All street trees and on-site deciduous shade trees shall conform to the requirements of the Shade Tree Commission.

(t)    Service stations shall be subject to all other requirements of the zone in which they are located and to all laws of the municipality.

(u)   The use and parking of tow trucks shall be limited to three (3) per automotive service station.

(3)    High-rise multifamily residential uses. The following regulation shall apply to the development of high-rise multifamily residential uses:

(a)    Minimum lot area required: forty thousand (40,000) square feet.

(b)    Minimum lot width required: one hundred seventy-five (175) feet.

(c)    Minimum lot depth required: two hundred (200) feet.

(d)   Minimum front yard setback required: fifty (50) feet.

(e)    Minimum one (1) side yard setback required: fifty (50) feet.

(f)    Minimum total side yard setback required: one hundred (100) feet.

(g)    Minimum rear yard required: fifty (50) feet.

(h)   Maximum permitted height: one hundred (100) feet.

(i)    Maximum permitted height in stories: ten (10.)

(j)    Maximum permitted building lot coverage: twenty percent (20%).

(k)   Maximum permitted impervious lot coverage: fifty percent (50%).

(l)    Minimum required gross floor area per dwelling unit:

[1]    Efficiency unit: five hundred (500) square feet.

[2]    One-bedroom unit: seven hundred (700) square feet.

[3]    Two-bedroom unit: nine hundred (900) square feet.

[4]    Three-bedroom unit: one thousand one hundred (1,100) square feet.

(m)  Minimum required off-street parking spaces per dwelling unit: one and five-tenths (1.5) spaces per unit.

(n)   Maximum gross density permitted: forty (40) dwelling units per acre.

(o)    Minimum distance between buildings: fifty (50) feet.

(p)   Private garage space and parking area for the storage of motor vehicles shall be permitted.

(q)    Private recreational facilities, such as but not limited to swimming pools and tennis courts, provided that they are limited to noncommercial and that all lighting shall be directed away from all adjacent lots, shall be permitted.

(r)    Minimum building setback from any property line adjoining an existing single-family residential use or a single-family residential zone shall be not less than one hundred (100) feet.

(s)    All elevators included in any project shall provide adequate width and length and shall provide adequate door width for use by any stretchers or other devices used by the Perth Amboy Emergency Services agencies.

(4)    Home occupation. [Amended 3-27-2013 by Ord. No. 1668-2013] In all zones within which a home occupation is permitted, the following minimum standards shall be met:

(a)    The space devoted to such use does not exceed twenty-five percent (25%) of the gross floor area of the dwelling unit.

(b)    Such use shall be conducted solely by the residents of the dwelling, except that no more than two (2) persons who are not residents of the building may be employed.

(c)    No display of products shall be visible from the street.

(d)   No occupational sounds shall be audible outside the building.

(e)    No equipment shall be used which will cause interference with radio and television reception in neighboring residences.

(f)    The home occupation does not utilize, handle or store hazardous wastes or substances.

(g)    The home occupation does not reduce the parking or yard requirement compliance of the detached dwelling.

(h)   No more than five (5) off-street parking spaces, including residential parking, shall be required, and all parking shall be screened behind hedging, landscaping or fencing from the street.

(i)    All home-occupation-related parking must utilize the designated off-street parking facilities.

(j)    There is no exterior evidence of the home business other than one (1) nameplate sign identifying the home business, not exceeding one (1) square foot in area, either attached or freestanding, and set back at least ten (10) feet from the street right-of-way.  However, under no circumstances shall exterior displays or signs be permitted in the R-M Residential Zone.

(k)   The home occupation shall comply with the following characteristics:

[1]    It is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit.

[2]    It is clearly incidental and secondary to the use of the dwelling unit for residential purposes.

[3]    The occupation or profession shall be carried on wholly within the principal building.

[4]    There shall be no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal buildings.

[5]    No offensive vibration, smoke, dust, odors, heat or glare shall be produced by the home occupation.

[6]    No traffic shall be generated by any home occupation which is greater in volume than would normally be expected for solely residential use.

[7]    No more than two (2) clients, customers, or patrons shall be permitted at any given time on the premises for business or commercial purposes.  However, in the R-M Residential Zone, no clients, customers, patients, or patrons shall be permitted at any time.

(5)    Philanthropic or charitable uses. Philanthropic or charitable structures may be permitted in those districts designated in this chapter if in compliance with the following standards and conditions:

(a)    A set of plans and specifications and a statement setting forth full particulars on the operation of the structure or use must be filed with the approving authority showing dimensions, topography, location, dimensional use of intended buildings, parking, etc., and any other physical features which might act as a deterrent to the general welfare or as deemed necessary by the approving board.

(b)    Front, rear and side yards shall be increased one (1) foot for each foot by which such proposed building exceeds the height limit herein established for the district in which it is to be located. In no case shall any building exceed the height of thirty (30) feet nor be located on a lot less than one (1) acre in size with a minimum frontage of two hundred (200) feet.

(c)    Off-street parking space shall be provided in side and rear yards only, at the rate of one (1) space for each four hundred (400) square feet of gross floor area, whichever is greater, for philanthropic or charitable uses.

(d)   All off-street parking provided within thirty (30) feet of any property line shall be protected from adverse impact upon adjacent properties through a visual screen of planting not less than four (4) feet high, of a type or types of planting approved by the approving board, with buffer areas designed in conformance with this chapter.

(e)    In addition to all other requirements, there shall be provided one (1) square foot of open space for every one (1) square foot of building area, in plan, at the ground level.

(6)    Public and private institutions for education, not operated for profit. Educational uses, including public, parochial or private elementary or secondary schools, duly licensed by the State of New Jersey, attendance at which is sufficient compliance with the compulsory educational requirements of the state, may be permitted as a conditional use in those zones specified, provided that the use and/or structure shall adhere to the minimum standards of the particular zone and the following:

(a)    A set of plans, specifications and plot plans shall be filed with the approving authority, showing overall dimensions, topographic conditions, the location, dimensions and intended use of existing and proposed buildings, parking areas, the relationship of the proposed use to streets and adjacent properties and other physical features which might impact upon the general welfare.

(b)    Before issuing a permit, the approving board shall determine that the following standards are met:

[1]    A school site shall have direct access onto an existing or proposed secondary arterial or collector road as indicated on the Municipal Master Plan.

[2]    The minimum lot area for an elementary school shall be five (5) acres plus one (1) additional acre for each one hundred (100) pupils.

[3]    The minimum lot area for all other schools shall be ten (10) acres plus one (1) additional acre for each one hundred (100) pupils.

[4]    No building shall be located closer than one hundred (100) feet to any property line.

[5]    Solid fencing shall be provided along adjoining residential properties to be so located and of a size and type sufficient to keep children from entering upon such properties either in the course of play or in traveling to and from school.

[6]    Buffers and screening shall be provided in accordance with the provisions of this chapter.

[7]    Off-street parking shall be provided at the following ratios:

[a]    Nursery, elementary, grammar, middle and/or junior high: one and twenty-five hundredths (1.25) spaces per classroom or teaching station.

[b]    Senior high school: one (1) space for each five (5) students.

[8]    Nursery schools with an attendance of more than five (5) children shall be considered educational uses and shall be subject to the provisions of this section.

[9]    Nursery schools serving more than twenty-five (25) children shall contain a minimum lot area of one (1) acre plus one (1) acre for twenty-five (25) children or fraction thereof.

[10]  Permitted signs: one (1) freestanding sign not larger than ten (10) square feet in area and not exceeding eight (8) feet in height; in addition, facade signage occupying an area no greater than five percent (5%) of the front facade.

[11]   Lot coverage shall not exceed thirty percent (30%).

(7)    Public utility facilities, structures and services. Electrical substations, telephone exchanges, telephone booster stations, gas metering stations, transformers and water and/or sewer pumping stations may be permitted in any zone, provided that:

(a)    A statement setting forth the need for and the purposes of the installation is filed with the approving board.

(b)    The approving board finds that the proposed installation in the specific location is necessary or convenient for the operation of the public utility system or for the satisfactory provision of service to the neighborhood or area in which the particular use is to be located.

(c)    Utility distribution or collection lines for water, gas, sewerage, electric and telephone services which are located in a public street or which service private property in the municipality are exempt from this subsection.

(d)   Where natural foliage is not sufficient to provide year-round screening of any utility apparatus appearing above the surface of the ground, other than utility poles, the applicant shall provide sufficient live screening or solid fence screening to conceal such apparatus year-round.

(e)    Any installation under this section to be performed by a servicing utility shall be subject to inspection and certification by the Municipal Engineer, unless specifically and documentably exempt by operation of state law.

(f)    Plans, specifications and plot plans and a statement setting forth the dimension, location and details of the installation shall be submitted.

(g)    Proof is furnished to the approving board that the proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system to the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located, and further provided that the design of any building in connection with such facility conforms to the general character of the zone and will not adversely affect the safe and comfortable enjoyment of the property rights of the zone in which it is located, that adequate and attractive fences and other safety devices will be provided and that sufficient landscaping, including shrubs, trees and lawn, is provided and will be periodically maintained.

(h)   All other requirements for the zone in which the use is to be located shall apply.

(i)    Cellular phone installations provided that they are co-hung on existing facilities and they are screened and/or camouflaged. [Added 9-21-2005 by Ord. No. 1304-2005]

(8)    Quasi-public uses. Quasi-public uses, as defined in this chapter, may be permitted in those districts designated in this chapter upon application for a permit and upon determination by the approving authority that the following standards and conditions are met:

(a)    A set of plans, specifications and a statement setting forth full particulars on the operation of the use shall be provided.

(b)    It is ascertained that the proposed use is a bona fide nonprofit organization, operated solely for the recreation and enjoyment of the members of the organization or for the public good.

(c)    It is ascertained that the proposed use in the proposed location will not adversely affect the safe enjoyment of property rights or otherwise adversely affect the compatibility with adjacent properties; that the design of any structures erected in connection with such use are in keeping with the general character of the residential area; and that sufficient landscaping, including trees, shrubs and lawn, is provided to serve as a buffer between the use and adjoining residential properties and to ensure an attractive appearance for the use.

(d)   The minimum lot area shall be forty thousand (40,000) square feet and the minimum frontage shall be two hundred (200) feet.

(e)    No building, structure or active recreational facilities shall be located within fifty (50) feet of an adjacent residential property line.

(f)    The maximum membership limit of an organization shall be fixed at the time of application and shall be commensurate to the amount of land to be used and the exact nature of the use. No further expansion shall be made unless additional land is acquired and supplemental application is made. All elements of the plan shall conform to the design and performance standards of this chapter.

(g)    The applicant shall be required to establish that the active membership of the organization shall be equivalent to the maximum occupancy limitation applicable under all building and fire codes having jurisdiction for the structure under construction.

(h)   Off-street parking shall be provided at the ratio of one (1) off-street parking space for each four (4) occupants or one (1) space per each one hundred (100) square feet of gross floor area, whichever is greater, for the cumulative occupancy of all activity areas within the facility or structure.

(i)    Where parking areas are adjacent to a residential zone, a ten-foot-wide buffer strip, including fences and shrubs, no less than six (6) feet high shall be provided.

(j)    Landscaping and buffering shall be provided in accordance with this Article for the zone in which the use is located.

(9)    Storage tanks; tanks for the storage of materials. [Amended 9-21-2005 by Ord. No. 1304-2005] In the zones specifically permitting this use, the following standards and criteria shall be met:

(a)    Maximum tank storage capacity:

[1]  In the M-3 Zone, the capacity of any one (1) storage tank shall not exceed two hundred fifty thousand (250,000) barrels.

(b)    The proposed tank installation and use conforms to all applicable federal, state, county, municipal and regional design and safety standards.

(c)    The spacing of tanks to each other or other structures conforms to the distances established in N.J.A.C. 12:133, as revised.

(d)   The maximum tank height, measured from the top of the foundation to the top of the shell, is sixty (60) feet in the M-3 Zone, with an additional five (5) feet of height in either zone to the highest point of the tank roof or of any vent, rail or other appurtenances. Thus, in the M-3 Zone, the highest point shall not exceed sixty-five (65) feet.

(e)    Buffer areas shall be required at tank installations, as stipulated in Article IX, Section 430-60C, except that the minimum buffer width shall be twenty-five (25) feet.

(f)    The placement of each proposed group or field of storage tanks shall be such as to permit sufficient access for firefighting equipment in compliance with all federal, state, and local requirements. At a minimum, a twenty-five (25) foot wide fire access strip shall be established along all sides of each proposed storage tank, or proposed group or field of tanks, in addition to required buffers. Said strip shall be free of obstructing structures, parking or loading areas. Access to the strip shall be maintained from a public street.

(g)    Sufficient information shall be provided to indicate what provisions for fire protection have been made. Plans shall be reviewed by the Fire Subcode Official of the municipality.

(h)   Secondary containment shall be designed for proposed storage tank, with plans submitted detailing the height, thickness, construction material, drainage and valving design, with calculations submitted ensuring the positive storage capacity in accordance with N.J.A.C. Title 7, Chapter 1E "Discharges of Petroleum and Other Hazardous Substances" and the Code of Federal Regulations 40 CFR 112 "Oil Pollution Prevention". These standards require a positive storage capacity of the volume of the largest tank within the containment areas, plus six (6) inches of rainwater.

(10)  Townhouses. In those zones specifically permitting townhouses as a conditional use, the following requirements and standards shall be met:

(a)    The maximum gross density of dwelling units in a townhouse development shall not exceed ten (10) units per acre for the total lot area.

(b)    The minimum width of any townhouse shall be twenty (20) feet.

(c)    No more than eight (8) townhouse units shall constitute a townhouse row or attached row of units in one (1) building.

(d)   The townhouses shall be constructed in a staggered fashion so that the front wall of every two (2) townhouse units is a minimum of four (4) feet from the front building line of the two (2) townhouse units on either side.

(e)    Each townhouse unit shall have two (2) means of entrance and exit separate and apart from that of any other unit.

(f)    Each townhouse unit shall have two (2) exterior walls with window access to light and air.

(g)    Every dwelling unit shall have a suggested minimum gross floor area in accordance with the following:

[1]  One-bedroom unit: one thousand (1,000) square feet.

[2]  Two-bedroom unit: one thousand two hundred fifty (1,250) square feet.

[3]  Three-bedroom unit: one thousand five hundred (1,500) square feet.

(h)   The following open space requirements shall be met:

[1]  A  minimum to twenty-five percent (25%) of the total site area shall be devoted to open space.

[2]  At least an additional ten percent (10%) of the total site area shall be developed active and passive recreation facilities.

[3]  Recreation areas may include but are not limited to swimming pools and related facilities, bicycle and walk paths, tennis courts or other appropriate facilities.

[4]  For purposes of this provision, open space, open space area and recreation area shall be exclusive of required front, side and rear yards, driveways, parking areas and loading or storage areas and shall be maintained exclusively for residents of the site. All required open space areas and required recreation areas shall be fully contiguous and accessible to the residential development which they serve.

(i)    A planted buffer area shall be provided along all exterior lot lines. The buffer shall be a minimum width of ten (10) feet. Planting material shall be at least six (6) feet in height at the time of planting.

(j)    All areas not devoted to structures, parking areas and other required uses shall be landscaped in accordance with a approved landscape plan. Wherever possible, natural features and existing trees shall be preserved.

(k)   Parking areas, driveways and walkways shall be illuminated, screened and buffered with shade trees and evergreens.

(l)    All street, roads, driveways and other public improvements shall be constructed and maintained in accordance with this chapter.

(11)  Two-family dwellings. [Added 9-21-2005 by Ord. No. 1304-2005] In those zones specifically permitting two-family dwellings as a conditional use, the following requirements and standards shall be met:

(a)    Minimum lot area – five thousand (5,000) square feet

(b)    Minimum lot width – fifty (50) feet

(c)    Minimum lot depth – one hundred (100) feet

(d)   Minimum front yard setback – twenty (20) feet

(e)    Minimum one (1) side yard setback required – five (5) feet

(f)    Minimum total side yard setback required – ten (10) feet

(g)    Minimum rear yard – thirty (30) feet

(h)   Maximum permitted height – twenty-eight (28) feet

(i)    Maximum number of stories – two (2.0)

(j)    Maximum lot coverage by building – thirty-five percent (35%)

(k)   Maximum impervious coverage – forty-five percent (45%)

(l)    Minimum gross floor area per dwelling unit – eight hundred fifty (850) square feet

(m)  Minimum distance between buildings – six (6) feet

(12)  Clubs. [Added 9-21-2005 by Ord. No. 1304-2005] In those zones specifically permitting clubs as a conditional use, the following requirements and standards shall be met:

(a)    Minimum lot area – five thousand (5,000) square feet

(b)    Off-street parking – one (1) space for each one hundred (100) square feet of gross floor area, or one (1) space per two (2) occupants, whichever is greater.

(13)  Billboards. [Added 9-21-2005 by Ord. No. 1304-2005] In those zones specifically permitting billboards as a conditional use, the following requirements and standards shall be met:

(a)    Billboards shall be located and erected to be visible to Route 440 traffic only, and be of monopole support construction.

(b)    Billboards shall be in compliance with all local, state and federal requirements.

(c)    Billboards shall not be illuminated.

(d)   Billboards shall not exceed two hundred fifty (250) square feet in area.

 

 

ARTICLE IX   Performance Standards

 

§ 430-59. General requirements.

A.   The developer shall employ a New Jersey licensed professional engineer and/or architect to prepare all plans and specifications or similar documents and a licensed land surveyor of New Jersey to make land surveys.

B.   Construction shall be performed under the supervision and inspection of the Municipal Engineer in accordance with the regulations defined elsewhere herein.

C.   Minor modification or changes in the approved plan and specification may be effected only upon written approval of the Municipal Engineer, but some changes may require further review and approval of the approving board prior to making any change.

 

 

§ 430-60. Specific requirements.

   The following design and performance standards shall be adhered to:

A.   Accessory buildings.

(1)    An accessory building attached to the principal building shall comply in all respects with the yard requirements of the principal building.

(2)    Detached accessory buildings shall be located to the rear of the front building line of the principal building and, if located in a side yard area, shall conform to the side yard requirements. Rear yard setback shall be a minimum of five (5) feet, except residential properties which have pools, which shall have a minimum setback of two and one-half (2.5) feet. [Amended 9-21-2005 by Ord. No. 1304-2005]

(3)    No accessory building in conjunction with a residential dwelling shall exceed three hundred (300) square feet in gross floor area.

(4)    No accessory building within any zone shall exceed fifteen (15) feet in height.

(5)    No accessory building within any zone shall be used for residential purposes such as dwellings, sleeping quarters, kitchens or bathrooms. Use of accessory buildings for recreational purposes such as game rooms, or play rooms shall be permitted only in residential zones. [Amended 9-21-2005 by Ord. No. 1304-2005]

(6)    No accessory building, with the exception of flag poles, light or sign posts, walks, driveways, patios at ground level and mailboxes, shall be erected within any front yard.

B.   Bikeways.

(1)    Bikeways may be required at the approving authority's discretion, depending on the development's location in relation to schools, recreation areas, shopping facilities and other populated areas. Bicycle traffic shall be separated from motor vehicle and pedestrian traffic as much as possible.

(2)    Bikeways shall generally not exceed a grade of three percent (3%), except for short distances, and shall be a minimum of eight (8) feet wide. Bikeways shall have a minimum of a four-inch base of crushed stone and a two-inch FABC-2 surface course. Where bike paths, located outside street rights-of-way, intersect a street, the curbing shall be ramped for bicycle access to the street grade, and the applicant shall be required to post adequate signs for the street warning vehicles of the bicycle crossing.

C.   Buffers.

(1)    Function and materials. Buffering shall provide a year-round visual screen in order to minimize adverse impacts from a site on an adjacent property or from adjacent areas. It shall consist of fencing, evergreens, berms, mounds or combinations to achieve the stated objectives.

(2)    When required. Buffer areas shall be required along all lot lines and street lines which separate a nonresidential zoning district and/or where the approving authority has determined that there is a need to shield a site from adjacent properties and to minimize adverse impacts such as incompatible land uses, noise, glaring light and traffic.

(3)    Where required. Buffer areas shall be measured from property lines. Buffers shall be at least ten (10) feet in width, measured from the property line, except where otherwise stated.

(4)    Parking areas, garbage collection and utility areas and loading areas shall be screened around their perimeter by a buffer a minimum of five (5) feet wide.

(5)    All buffer areas shall be planted and maintained with either grass or ground cover, together with a living wall screen of live shrubs or scattered planting live trees, shrubs or other plant material meeting the following requirements:

(a)    The preservation of all natural wooded tracts shall be an integral part of all site plans and may be calculated as part of the required buffer area, provided that growth is of a density and the area has sufficient width to serve the purpose of a buffer. Where additional plantings are necessary to establish an appropriate tone for an effective buffer, said plantings may be required.

(b)    Plant materials used in screen plantings shall be at least four (4) feet in height when planted and be of such density as will obscure, throughout the full course of the year, the glare of automobile headlights emitted and other adverse impacts, such as, but not limited to, noise, windblown debris and other typical and frequent nuisance problems, as well as create an aesthetically pleasing and attractive view to mask or obscure the use, function, or structure located upon the site.

(c)    The screen planting shall be so placed that at maturity it will not be closer than three (3) feet to any street or property line.

(d)   Trees shall be at least eight (8) feet in height and two and one-half (21/2) inches caliper when planted and be of species common to the area, be of balled and burlapped nursery stock and be free of insects and disease.

(e)    Any plant material which does not live shall be replaced within one (1) year or one (1) growing season.

(f)    Screen planting and landscaping shall be broken at points of vehicular and pedestrian ingress and egress to assure a clear-sight triangle at all street and driveway intersections.

(g)    No buildings, structures, storage of materials or parking shall be permitted within the buffer area; buffer areas shall be maintained and kept free of all debris, rubbish, weeds and tall grass.

D.   Corner lots. Any principal or accessory building located on a corner lot shall have a minimum setback from all street lines equal to the required front yard. The remaining yards shall be considered side yards for the purpose of this chapter.

E.   Environmental impact statement. (1) General provisions.

(a)    Purpose. The purpose of this subsection is to establish rules, regulations, standards and procedures for the preparation of an environmental impact statement by the applicant in order to provide essential information to the appropriate reviewing board so that the environmental consequences of a proposed activity can be evaluated and controlled for the promotion of the safety, public health, convenience and general welfare of the community. The environmental impact statement shall describe, with suitable sketches and plans, the environmental impact statement as part of the application submission documentation.

(b)    The preliminary plat for any development of one (1) acre or more shall be accompanied by an environmental impact statement complying with the following, unless, as a result of data submitted prior to the preliminary plat, the approving authority shall have waived or modified certain portions of these requirements:

[1]    A description of the development specifying what is to be done during construction and operation, how it is to be done and practical alternate plans to achieve the objective(s).

[2]    An inventory of the following on-site environmental conditions and an assessment of the probable impact of the development upon them: water supply water quality floodplain protection; geology, soil erosion; wetlands; sewage disposal; topography, slopes in excess of ten percent (10%); vegetation and vegetation protection; depth to bedrock; noise characteristics and levels; air quality; land use; site aesthetics, such as views, terrain and mature wooded areas; and historic sites. Air and water quality shall be described with reference to standards promulgated by the Department of Environmental Protection of the State of New Jersey, and soils shall be described with reference to Soil Conversation Service categories and characteristics.

[3]    A list and the status of the licenses, permits and approvals needed from federal, state or county agencies, including the conclusions and comments of these governmental agencies.

[4]    An evaluation of any adverse environmental impacts which cannot be avoided. Particular emphasis shall be placed upon air or water pollution, traffic increases, increase in noise, increase in sedimentation and siltation, increase in municipal services or capital needs and consequences to the municipal tax structure. The evaluation should include how the developer can assist in minimizing the adverse impacts by altering design concepts or by making, or participating in, on- or off tract improvements.

[5]    In conjunction with the submission of an environmental impact statement, the applicant shall prepare and submit a fiscal impact analysis which shall detail all municipal costs to be generated by the proposed development, identified by type of obligation, such as, but not limited to, public safety, public works, health and welfare, recreation, education, administration, utilities, garbage, etc. All anticipated municipal revenues to be realized by the creation of the proposed development shall be identified. In both cost and revenue analysis, dollar values used shall reflect the current year of application budgeting dollar equivalents for comparative purposes. A determination of annual net cost revenue shall be provided. This cost revenue analysis shall be provided via annual projection to the year of projected one-hundred-percent project buildout completion.

(2)    Information required.

(a)    General requirements. The information required shall be presented in a concise descriptive report. The descriptive report shall be supplemented with graphic and explanatory material when environmentally sensitive areas are involved. Environmentally sensitive areas include, but are not limited to, stream corridors and floodplains, depth to bedrock of less than two (2) feet, streams and water bodies, wetlands, slopes greater than ten percent (10%), highly acid or erodible soils, mature stands of trees, aquifer recharge areas, aquifer discharge areas and unique natural features and habitats.

(b)    Specific requirements.

[1]    Project description. Describe the suitability of the site for the intended use and indicate the extent to which the site must be altered, the kinds of facilities to be constructed, the uses intended and an estimate of the resident population and working population. The compatibility or incompatibility of the proposed project shall be described in relation to the following.

[a]    The Master Plan, especially the land use and open space elements.

[b]    The Middlesex County Master Plan.

[c]    Other pertinent planning documents.

[2]    Site description and inventory.

[a]    Types of soil. A complete mapping of all soil types on the site shall be required, and a description of each soil's characteristics shall be included, with a reference to the Soil Survey of Middlesex County, New Jersey. The statement should make specific reference to the soil and water features and, where applicable, sanitary facilities.

[b]    Topography. Describe the topographic conditions of the site.

[c]    Geology. Describe the geologic formations and features associated with the site as well as depth to bedrock conditions. Delineate those areas where bedrock is in close proximity to the surface [within two (2) feet of the surface], as well as major rock outcroppings.

[d]    Vegetation. Map and describe the diversity and frequency of all major species.

[e]    Wildlife. Describe the diversity and extent of wildlife habitats. Identify any unique habitats.

[f]     Surface water. Describe and map existing watercourses and water bodies that are partially or totally on the site. Determine the existing surface runoff from the site. Existing drainage structures shall be mapped and the capacity of the drainage network shall be determined. When the natural drainage pattern will be significantly altered or sewage effluent is to be added to a water course or body, an analysis shall be conducted which will investigate flow, depth, capacity and water quality of the receiving waters.

[g]    Subsurface water. Where existing conditions warrant, describe the subsurface water conditions on the site, in terms both of depth to groundwater and of water supply capabilities of the site. From existing data, provide detailed information regarding existing wells within five hundred (500) feet of the site as to depth, capacity and water quality.

[h]    Unique, scenic and/or historic features. Describe and map those portions of the site which can be considered to have unique scenic and/or historic qualities. Discuss views to and views from prominent locations.

[i]     Existing development features. Describe any existing features on the site that are not considered to be part of the natural environment. Include roads, housing units, accessory structures, utility lines, sewage facilities and public water supplies. When required, a regional analysis should be included which describes existing infrastructure for stormwater, sewerage, water supply and transportation.

[3]    Environmental impact.

[a]    Describe on-site sewerage facilities and off site sewerage connections. Demonstrate adequacy of both on-site and off site sewerage facilities and capacities and that the sewage can be disposed of without pollution to natural and man-made water systems.

[b]    Demonstrate that an adequate potable water supply is available for both domestic use and fire protection and demonstrate compliance with N.J.S.A. 58:12A-1 et seq., the New Jersey Safe Drinking Water Act, and BH Chapter 4, Individual and Semipublic Water Supply Code.

[c]    Discuss the effect of the proposed activity on ground- and surface water quality and quantity. Include calculations of before-development and after-development infiltration capacity. Describe any activities which may result, even temporarily, in compliance with relevant water quality standards and demonstrate ability to comply permanently with state and local regulations as set forth in N.J.S.A. 26:3B-2 and 26:3B-3, Nuisances, N.J.A.C. 7:14, Water Pollution Discharge Elimination System, BH Chapter 2, Section 2-11c, Public Health Nuisance Code, and BH Chapter 12, Water Supply Protection.

[d]    Describe any impact on stream corridors, wetlands, erodible soils, vegetation, wildlife habitats, aquifer recharge areas and historically or archaeologically significant areas.

[e]    Describe any effect, including cumulative effects, of the proposed activity on air quality surrounding the project. Demonstrate compliance with relevant state and local regulations in the air as set forth in N.J.A.C. 27, Air Pollution Control, BH Chapter 2, Section 2-11d, Public Health Nuisance Code, and BH Chapter 16, Air Pollution Control.

[f]     Demonstrate that there will be no significant increase in sound levels which will adversely impact public health and welfare or be detrimental to the quality of life and privacy of the surrounding community. Demonstrate compliance with N.J.A.C. 7:29, Noise control, and BH Chapter 2, Section 2-11c, Public Health Nuisance Code.

[g]    Describe any hazardous substances to be transported to or from or to be stored at the site and solid waste which be generated by the proposed activity. Demonstrate compliance with relevant state and local regulations and standards as set forth in N.J.S.A. 13:1K-6, the Environmental Cleanup and Responsibility Act, N.J.A.C. 7:19, Discharges of Petroleum and Other Hazardous Substances, N.JA.C. 7:30, Pesticide Control, and BH Chapter 17, Hazardous Substance Control.

[h]    Describe the environmental impact of traffic generation.

[i]     Describe any adverse environmental effect that may occur during the construction phase of the project.

[j]     List all publications, file reports, manuscripts or other written sources of information related to the project, the project site and the city which were consulted and employed in the compilation of the environmental impact statement.

[k]    Demonstrate that there will be no adverse impact to environmentally sensitive areas from the proposed development.

[1]    Demonstrate that there will be no adverse impact to traffic safety from the proposed development.

[m]   Hazardous substance or wastes. In any use, reuse or occupancy of any property, other than residential property, greater than one (1) acre in area, a statement documenting previous uses or occupancies and indicating hazardous substances or wastes which were generated, stored, manufactured, processed or used in any way on the site since 1900. If any hazardous substances or wastes were located on site, the following requirements must be complied with.

i.      List all types and quantities, if known, of hazardous substances or wastes, including petroleum products, that are or were generated, manufactured, refined, treated, stored, handled, or disposed at the property which are included in NJDEPE's List of Hazardous Substances at Appendix A of N.JA.C. 7:1E. List amounts of any waste substances required to be reported to NJDEPE on special waste manifest forms pursuant to N.J.A.C. 7:26-74 and substances or wastes designated as hazardous pursuant to N.J.A.C. 7:26-74 and 7:26-8 or otherwise as provided by law.

ii.     The property owner must completely describe the operations and processes conducted at the site, including a list of all time, tenants, their operations and processes occupying any part of the property. Use of Sanborne Maps on file with the city to document prior uses must be used at a minimum.

iii.    Test boring data analyzing soil and groundwater contamination must be supplied as appropriate.

iv.    If the applicant concludes that the provisions of the Environmental Cleanup Responsibility Act (ECRA)29 do not apply to the subject site, then the approving board may request the submission of a negative declaration for the NJDEPE.

29 Editor's Note: See N.J.S.A. 13:IK-6.

[n]    Environmental performance controls. Describe in detail what measures will be employed during the planning, construction and operation phases which will minimize or eliminate negative impacts on and off site resulting from the proposed activity, including but not limited to site design techniques sensitive to the natural environment, which should include innovative landscapes, building and circulating the environmental impact statement and their curriculum vitae.

[4]    Disposition. The municipal reviewing board shall use the environmental impact statement and, where appropriate, formulate reasonable and necessary conditions of approval which will mitigate adverse environmental impact.

[5]  Notwithstanding the foregoing, the approving authority may waive the requirement for all or part of an environmental impact statement if sufficient evidence is submitted to support a conclusion that the proposed development will have a slight or negligible environmental impact or upon a finding that the complete environmental impact statement need not be prepared in order to evaluate the environmental impact of the development.

F.   Fences, walls, hedges. Fences and walls shall not be located in any required sight triangle. Fences may be erected, altered or reconstructed in accordance with the following regulations and in accordance with all other provisions of this chapter:

(1)    Hedges running parallel to the front property line may be erected, altered or reconstructed to a height not to exceed four (4) feet above ground level toward which the front entrance of any dwelling in a residential zone faces.

(2)    Fences may be permitted in any yard, provided that they do not exceed four (4) feet in height at any point within the front yard and that they do not exceed four (4) feet along the property.

(3)    Fences and hedges running parallel to side or rear yard lines may be erected, altered or reconstructed to a height not to exceed six (6) feet when located in said side or rear yards of any dwelling in a residential zone at any point to the rear of the rear building line. For corner lots in R-25 Zone, the largest rectangular area enclosed from the principal building to the rear property lines from the side or rear of the principal building may be fenced with a six (6) foot high fence provided the fence is set back from the street parallel and at or behind the building setback line. [Amended 9-21-2005 by Ord. No. 1304-2005]

(4)    The foregoing restrictions shall not be applied so as to prevent the erection of any open wire fence not exceeding eight (8) feet above ground level anywhere within a public park, public playground or school premises.

(5)    All fences, walls and hedges must be erected within the property lines, and no fence, wall or hedge shall be erected so as to encroach upon a public right-of-way.

(6)    All fences, walls, and hedges shall be maintained in a safe, sound and upright condition and present a uniform appearance.

(7)    Fences on property bordering crosswalks that bisect two (2) residential properties shall not exceed six (6) feet in height on the side of the property adjoining the crosswalk. Fences must be set back at least two (2) feet from the crosswalk.

(8)    The height of the fence shall be measured from a point on the ground directly under the fence to the highest point on the fence above the ground reference.

(9)    The maximum height above indicated shall not apply to any fencing within ten (10) feet of the periphery of any private wading or swimming pool.

(10)  When a fence, as constructed, shall have a finished side as compared to an unfinished or inside surface, the finished or public side shall face outward.

(11)  No fence shall be situated in such a manner that would obstruct the view of vehicular or pedestrian traffic at any intersection or crosswalk.

(12)  Nothing in this section shall supersede the mandatory sight triangle requirements as found elsewhere in this chapter.

(13)  No fence shall be constructed of any material or in any manner which may be dangerous to persons or animals. Barbed wire, constine wire and/or razor ribbon including open barbs on chain link fences are prohibited. [Added 8-9-2000 by Ord. No. 1041-2000]

(14)  Fences in any industrial zone located in side and rear yards to the rear of the principal building shall be permitted to be eight (8) feet in height. [Added 9-21-2005 by Ord. No. 1304-2005]

G.   Fire protection.

(1)    Provision shall be made for fire hydrants along streets, together with connections, standpipe and sprinkler on the outside walls of nonresidential structures as approved by the Municipal Fire Department and Municipal Engineer and in accordance with Insurance Services Office standards.

(2)    Fire lanes twelve (12) feet in width shall be required across the front and rear of all new residential, institutional, commercial and industrial uses with gross floor area in excess of ten thousand (10,000) square feet. Similar fire lanes are recommended for design along the sides of all new commercial and industrial uses. Parking shall be strictly prohibited in all fire lane areas.

(3)    The minimum internal drive radius for any new street shall be designated to accommodate an inside turning radius of twenty-eight (28) feet.

H.   Height. The height limitations of this chapter shall not apply to church spires, fire walls, belfries, cupolas, chimneys, ventilators, skylights, bulkheads and similar features and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose that they are to serve. Provisions of this chapter shall permit the erection of parapet walls or cornices for ornament without windows above the building height limit by not more than three (3) feet. Quasi-public buildings and public buildings, schools and churches may exceed the height limit herein established, provided that such uses shall increase the front, rear and side yards one (1) foot for each foot by which such building exceeds the height limit established for the district within which the use is located.

I.    Homeowner's association. A homeowner's association may be established to own and maintain common open space and common property designed within a development. If established, the organization shall incorporate the following provisions in a manner consistent with and as may be more specifically regulated by the New Jersey State Condominium Act30 and the New Jersey Planned Real Estate Development Act 31.

30Editor's Note: see N.J.S.A. 46:5B-1 et seq.

31Editor's Note: see N.J.S.A. 45:22A-21 et seq.

(1)    Membership by all property owners, condominium owners, stockholders under a cooperative development and other owners of property or interest in the project shall be mandatory. Required membership and their responsibilities shall be in writing between the organization and each member in the form of a covenant, with each agreeing to liability for his pro rata share of the organization's costs.

(2)    The organization shall be responsible for liability insurance, taxes, maintenance and any other obligations assumed by the organization.

(3)    The organization shall be allowed to adjust the assessment to meet changing needs.

(4)    The organization shall clearly describe in its bylaws and governing documents all the rights and obligations of each tenant and owner, including a copy of the covenant, master deeds, bylaws and articles of incorporation of the organization, and shall state that every tenant and property owner in good standing shall have the right to use all common properties. These shall be set forth as a condition of approval and shall be submitted prior to the granting of final approval.

(5)    The articles of incorporation, covenants, bylaws, master deeds and other legal instruments shall ensure that such organization shall maintain the common open space or common property in reasonable order and condition. The Municipal Council may serve written notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain the common open space or common property in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be cured within thirty-five (35) days thereof.

J.    Off site and off-tract improvements.

(1)    Before final approval of a subdivision or site plan, the approving authority may require, in accordance with the standards of this chapter and an adopted circulation plan and utility plan, the installation, or the furnishing of a performance guaranty in lieu thereof, of any or all of the following off-site and off tract improvements which are necessary or appropriate for the protection of the public interest by reason of the development's effect on land other than the developer's property: street improvements, water system, sewerage, drainage facilities and easements thereof.

(2)    Where such improvements are required, the approving authority shall refer the requirements to the governing body for concurrence and for approval of a performance guaranty, if any. If the governing body does not take action on the improvements and the applicable performance guaranties within the time the approving authority must act, the approving authority may grant conditional approval of the plan.

(3)    The governing body shall determine as to each required improvement whether it is to be paid for entirely by the municipality, entirely by the developer or cooperatively by the developer and the municipality in accordance with fair and reasonable standards to determine the proportionate or pro rata amount of the cost of such facilities that shall be borne by each developer or owner within a related or common area.

(4)    The financing and construction of the improvements shall be arranged in one (1) of the following manners:

(a)    If constructed by the municipality and all or a portion of the improvements are the financial responsibility of the developer, the developer's share shall be paid to the municipality in cash or certified check prior to the final approval of the plan.

(b)    If constructed by the developer and all or a portion of the improvements are the financial responsibility of the municipality, the developer shall be paid the municipal share in accordance with the terms of the construction contract, and the completion of the work shall be guaranteed in an amount and under the terms set forth in Article XIII, Guaranties and Improvement Procedures.

K.   Performance standards, general.

(1)    Electricity. Electronic equipment shall be shielded so that there is no interference with any radio or television reception beyond the operator's property as the result of the operation of such equipment.

(2)    Glare. No use shall direct or reflect light beyond its lot lines. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered and directed as approved on the site plan so that any glare, direct light or reflection will not interfere with the normal use of nearby properties, dwelling units and streets.

(3)    Heat. Sources of heat, including but not limited to steam, gases, vapors, products of combustion or chemical reaction, shall not discharge onto or directly contact structures, plant life or animal life on neighboring uses or impair the function or operation of a neighboring use. No use, occupation, activity, operation or device shall cause an increase in ambient temperature as measured on the boundary between neighboring uses.

(4)    Radioactivity. No use, activity, operation or device concerned with the utilization or storage of radioactive materials shall be established, modified, constructed or used without having first obtained valid permits and certificates from the Office of Radiation Protection, New Jersey Department of Environmental Protection. Proof of compliance with this requirement shall be the submission of duplicate copies of said permits and certificates.

(5)    Vibrations.

(a)    Standard. Ground-transmitted vibrations shall be measured with a seismograph or complement of instruments capable of recording vibration displacement and frequency in the three (3) mutually perpendicular directions simultaneously.

(b)    Vibration level restrictions. Vibration levels shall not exceed a particular velocity of five-hundredths (.05) inch per second in any district. During the hours of 9:00 p.m. to 7:00 a.m. in residential districts, vibration levels shall not exceed a particle velocity of two hundredths (.02) inch per second. Measurements shall be made at the points of maximum vibration intensity and on or beyond adjacent lot lines or neighboring uses, whichever is more restrictive.

(6)    Airborne emissions. In all districts, no use, activity, operation or device shall be established, modified, constructed or used without having first obtained valid permits and certificates from the Bureau of Air Pollution Control, New Jersey Department of Environmental Protection, pursuant to N.J.A.C. 7:27-8.

        Specifically, no use, activity, operation or device shall be established, modified or constructed without a valid permit to construct. No use, activity, operation or device shall be operated, occupied or used without a valid certificate to operate control apparatus or equipment. Proof of compliance with this requirement shall be the submission of duplicate copies of the permit to construct and certificate to operate.

(7)    Odorous matter. No odor shall be emitted that is detectable by human olfactory sense at or beyond an adjacent lot line.

(8)    Noise emissions. Noise level restrictions: noise shall not exceed the maximum sound levels specified in the table:

        Noise Level Restrictions

        Maximum Level Permitted

        Performance Category        (dBA where measured)

        Residential districts 55* on or beyond the neighboring use or lot line

        All other districts   65 on or beyond the district boundaries

                *NOTE: In any residential district, the A-weighted sound levels shall not exceed forty-five (45) decibels during the hours of 9:00 p.m. to 7:00 a.m. Whenever a residential district abuts any other district, the most restrictive of the limitations shall apply.

(9)    Storage and waste disposal.

(a)    In all districts permitting an operation, use or any activity involving the manufacture, utilization or storage of flammable, combustible and/or explosive materials, such operation shall be conducted in accordance with the regulations promulgated by the Department of Labor and Industry of New Jersey or the Fire Code of the National Fire Protection Association, whichever is more restrictive.

(b)    All flammable, explosive and/or combustible material shall be stored in accordance with the National Fire Protection Association or Department of Labor and Industry Codes, whichever is more restrictive.

(c)    All outdoor storage facilities for fuel, raw materials and products stored outdoors, wherever permitted, shall be enclosed by a conforming safety fence and visual screen and shall conform to all yard requirements imposed upon the principal buildings in the district and storage regulations of the National Fire Protection Association.

(d)   No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or recreation or which will destroy aquatic life be allowed to enter any stream or watercourse.

(e)    All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers that are adequate to eliminate such hazards.

L.   Principal use. No lot shall have erected upon it more than one (1) principal permitted use. No more than one (1) principal building shall be permitted on one (1) lot, except that a shopping center, apartment or planned multifamily residential development project and industrial complex all receiving site plan approval may be permitted to have more than one (1) building on a lot in accordance with the standards of the zoning district in which it is located.

M.  Recycling. All development proposals involving a single-family development of fifty (50) or more units, a multifamily development of twenty-five (25) or more units or a commercial or industrial development of one thousand (1,000) square feet or more of land shall provide adequate provisions for the collection, disposition and recycling of recyclable materials as designated by the municipality's Recycling Ordinance32 and the Statewide Mandatory Source Separation and Recycling Act.33

32Editor's Note: See Ch. 351. Recycling.

33Editor's Note: See N.J.S.A. 13:1E-99.11 et seq.

N.   Receive-only antenna standards.

(1)    For purposes of this chapter "receive-only antenna" means any apparatus which is designed for the purpose of receiving radio, television, microwave, satellite or similar signals.

(2)    No receive-only antenna that has a combined total weight of antenna and mounting mast in excess of thirty-five (35) pounds shall be constructed, erected or installed unless and until a building permit is issued by the Construction Official following the procedures set forth herein.

(3)    One (1) receive-only antenna shall be permitted per lot in any district as a permitted accessory use, provided that the code official finds and determines that the following conditions have been met:

(a)    The antenna surface area, measured in terms of square feet, shall be no more than eighty (80) square feet.

(b)    The equivalent diameter of the antenna, measured in terms of linear feet, shall be no more than ten (10) feet [three and one-tenth (3.1) meters].

(c)    The height of the antenna, including its base or mounting structure, measured vertically from the ground to the highest point of the antenna when positioned for operation in a ground mounting, shall be no more than thirteen (13) feet, except as in Subsection O(3)(i) below.

(d)   Each antenna shall be mounted on a base affixed to the ground and shall be erected on a secure foundation. For any antenna whose weight exceeds thirty-five (35) pounds, the design of the mounting shall be accompanied by the submission of structural mounting plans, specifications and calculations signed and sealed by a New Jersey Professional Engineer and shall contain:

[1]    Loading calculations of structural mounting design to ensure structural safety.

[2]    Wind load design capacity calculations, including a force five (5) hurricane factor.

[3]    Snow load and ice load design capacity calculations.

(e)    Each antenna shall be located only in the rear yard of the lot for which it is to be installed and shall comply in all respects with the minimum requirements for the rear yard and side yards of the zone in which said lot is situated.

(f)    All power controls and signal cables from the antenna to the structure which it is designed to serve shall be installed underground and shall comply with all applicable provisions of the Building Code.34

34 Editor's Note: See Ch. 170. Building Construction.

(g)    In any residential zone, any antenna shall be designed only for the reception of signals for the use, benefit and enjoyment of the occupants of the structure on the lot on which the antenna is proposed to be installed.

(h)   No more than one (1) antenna of a particular antenna type shall be permitted as an accessory for any primary use.

(i)    When reception blockage makes rear yard ground placement of the antenna impossible or prevents the antenna from fulfilling its intended use, then such antenna may be installed on a structure above the height authorized in Subsection O(3)(c) above, provided that in no case shall an antenna be installed upon any segment of roof or exterior wall which is within that fifty percent (50%) of the structure closest to any public right-of-way line. In the case of through lots, this regulation shall only be enforced upon that frontage upon which the principal dwelling entrance faces. In the case of three-sided corner lots, this regulation shall be enforced upon two (2) of the three (3) sides of a structure which face a street right-of-way.

(j)    No receive-only antenna may be installed as the sole structure on any property.

(k)   Antenna shall be screened by fencing and shrubbery to reduce motor drive noise and to eliminate the visual impact of the antenna as may be perceived from the adjacent streets and the adjacent properties. In order to ensure an unobstructed cone of reception from all known North American C & Ku Bank programming sending satellites, for those types of receive-only antennas accomodating such broadcasts, no screening or fencing shall be required around ground-mounted receive-only antenna within the compass headings of 220 (140 W) to 300 (50 W). Further, no screening or fencing shall be required between the vertical angles ten degrees (10°) to forty-five degrees (45°) elevation to ensure an unobstructed cone of reception. In all other horizontal and vertical quadrants except as noted above, full screening of ground-mounted units shall be required. Screening shall be eight (8) feet in height and shall be planted to provide maximum screening and shielding from view. Eight-foot-height stockade fencing shall be required as a minimum.

(l)    All ground-mounted units shall be colored in brown or green earth tones. All roof-mounted units shall be colored in light blue, gray or silver sky tones. All wall-mounted units not protruding above the roofline shall be so colored as to match the exterior wall treatment of the structure to which it is attached.

(m)  Planter boxes or planter tubs shall be placed around the base of the mounting pole to improve the aesthetic appearance of all ground-mounted antennas.

(n)   No form of advertising or identification shall be allowed on the receive-only antenna.

(o)    The receive-only antenna shall comply with all setback regulations of the zone in which it is situated.

O.   Soil erosion and sediment control. All site plans and major subdivisions shall incorporate soil erosion and sediment control programs phased according to the scheduled progress of the development, including anticipated starting and completion dates. The purpose is to control soil erosion and sediment damages and related environmental damage by requiring adequate provisions for surface water retention and drainage and for the protection of exposed soil surfaces in order to promote the public health, safety, convenience and general welfare of the community.

(1)    Regulation and permits.

(a)    No building permit shall be issued for any application requiring either site plan or major subdivision approval until final plat approval has been given, including an approved soil erosion and sediment control plan.

(b)    No person shall proceed with any soil removal, soil disturbance or land grading without first having obtained either a permit for that purpose or a building permit based on an approved plat as outlined above.

(c)    A permit shall not be required under this chapter where Subsection P(6) below applies, provided that no soil is removed from the premises involved.

(2)    Data required.

(a)    A plan showing the area(s) of soil removal, soil disturbance and land grading and establishing the means for controlling soil erosion and sedimentation for each site or portion of site when developed in stages shall be provided.

(b)    The soil erosion and sediment control measures shall be certified by the Soil Conservation District in the development of the plan and the selection of appropriate erosion and sediment control measures.

(c)    The plan shall be prepared by a professional engineer licensed in the State of New Jersey, except in instances where the preparation of a plan does not include or require the practice of engineering as defined in N.J.S.A. 45:8-28, and shall contain:

[1]    The location and description of existing natural and man-made features on and surrounding the site, including general topography and soil characteristics, and a copy of the County Soil Conservation District Soil Survey (where available).

[2]    The location and description of the work and proposed changes to the site, including contours and spot elevations, showing existing and post-construction conditions, and, in the case of soil mining, a description of the equipment to be used for any processing of the soil and the number of cubic yards of soil to be removed.

[3]    Measures for soil erosion and sediment control.

[4]    A schedule of the sequence of installation of planned erosion and sediment control measures as related to the progress of the project, including anticipated starting and completion dates.

[5]    All proposed revisions of data required shall be submitted for approval.

[6]    A description of means for maintenance or erosion and sediment control measures and facilities during and after construction.

[7]    A performance bond as set forth in Article XIV. The bond shall be in such amount and for such period of time as determined by the governing body.

(3)    General design principles.

(a)    Control measures shall apply to all aspects of the proposed land disturbances and shall be in operation during all stages of the disturbance activity. The following principles shall apply to the soil erosion and sediment control plan:

[1]    Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.

[2]    Whenever feasible, natural vegetation shall be retained and protected.

[3]    The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.

[4]    Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbances.

[5]    Drainage provision shall accommodate increased runoff resulting from modified soil and surface conditions during and after development or land disturbance.

[6]    Water runoff shall be minimized and retained on site wherever possible to facilitate groundwater recharge.

[7]    Sediment shall be retained on site.

[8]    Diversions, sediment basins and similar required structures shall be installed prior to any on-site grading or land disturbances.

(b)    Grading and filling. All lots where fill material is deposited shall have clean fill and/or topsoil deposited which shall be graded to allow complete surface draining of the lot into local storm sewer systems or natural drainage courses. No regrading of a lot shall be permitted which would create or aggravate water stagnation or a drainage problem on site or on adjacent properties or which will violate this chapter. Grading shall be limited to areas shown on an approved site plan or subdivision. Any topsoil disturbed during approved excavation and grading operations shall be redistributed throughout the site.

(c)    Soil removal and redistribution. Excavation of soil other than as required for the construction of approved structures and supporting facilities, such as but not limited to streets, driveways and parking areas, shall be prohibited. Regrading of property so as to redistribute topsoil throughout the site from areas excavated shall be done in the following manner to minimize or eliminate the erosion of soil. Any application proposing the disturbance of more than five thousand (5,000) square feet of surface area of land as defined in the Soil Erosion and Sediment Control Act (P.L. 1975, c. 251)35 shall include on its plan the following- the means to control or prevent erosion; providing for sedimentation basin(s) for soil that does erode due to water, controlling drainage, dust and mud on the premises as well as abutting lands; preserving soil fertility and the ability of the area to support plant and tree growth by maintenance of adequate topsoil consisting of at least six (6) inches of the original layer; maintaining necessary lateral support and grades of abutting lands, structures and other improvements; preventing pits and declivities which are hazardous or which provide insect breeding locations; and not altering the physical limitations and characteristics of the soil in such a way as to prevent the use to which the land may lawfully be put.

35Editor's Note: See N.J.S.A. 4:24-39 et seq.

(4)    Maintenance. All erosion and sediment control measures installed shall be maintained for one (1) year after completion of the improvements or until such measures are permanently stabilized as determined by the Municipal Engineer, whichever is longer. The Municipal Engineer shall give the applicant, upon the applicant's request, certification of this determination.

(5)    Engineer report and public hearing. If no subdivision or site plan review is required, a separate report by the Municipal Engineer shall be obtained. The Municipal Engineer shall make a report on the application within thirty (30) days of its receipt. The report shall comment upon all the requirements of this section, including but not limited to soil characteristics, slopes, quantities of soil involved, water table, drainage, road capacities, performance bonds and the utility of the site following completion of the operation. All applications shall require a public hearing as set forth in Article IV.

(6)    Exemptions. The following activities are specifically exempt from the soil erosion and sediment control provisions:

(a)    Land disturbance associated with the construction of a single-family dwelling unit, unless such unit is a part of a proposed subdivision, site plan, zoning variance or building permit application involving two (2) or more such single-family dwelling units.

(b)    Land disturbances of five thousand (5,000) square feet or less of the surface area of land for the accommodation of construction for which the Standard Building Code of the State of New Jersey would require a building permit.

(c)    Agricultural use of lands when operated in accordance with a farm conservation plan approved by the local soil conservation district or when it is determined by the local soil conservation district that such use will not cause excessive erosion and sedimentation.

(d)   Use of land for gardening primarily for home consumption.

(e)    Percolation tests and/or soil borings.

P.   Swimming pools.

(1)    It shall be unlawful for any person to construct, install, establish or maintain a private swimming pool or wading pool, as herein defined, without having obtained a permit therefor in the manner prescribed in Subsection Q(2) herein. However, no permit shall be required for a wading pool of the portable type with a depth of eighteen (18) inches or less.

(2)    Permits. Application for a permit to construct, establish or maintain or to alter, remodel or add to a permanent private swimming pool or permanent wading pool shall be made to the Building Inspector by the owner of the property or by the contractor, in the name of the owner, who will construct, alter, remodel or add to the same.

(3)    Construction and maintenance. All material used in the construction of private swimming pools and wading pools or alterations, remodeling or additions thereto, as herein defined, shall be waterproof and easily cleaned. Neither sand nor earth shall be placed within any portion of the pool. Construction and design of said pools shall be such that they may be maintained and operated as to be clean and sanitary at all times. The owner of every private swimming pool and wading pool shall be responsible to maintain said pool in such condition as to prevent breaks in the pool chassis or water from the pool overflowing onto adjacent property.

(4)    Location. No private swimming pool or permanent wading pool or alterations, remodeling or additions thereto with a capacity of more than two hundred fifty (250) gallons, and no accessory building shall be constructed, erected, installed or maintained within ten (10) feet of any property line; excepting, however, from this requirement a portable swimming pool or wading pool. In the R-25 Zoning District, five (5) foot rear yard setback for pool shall be permitted, and side yard setbacks shall be as per zone standards and shall be no less than the primary structure side yard setbacks if they are in excess of side yard setback requirements. [Added 9-21-2005 by Ord. No. 1304-2005]

(5)    Fencing.

(a)    All permanent private swimming pools and all permanent wading pools or alterations, remodeling or additions thereto shall be completely surrounded by a substantial self-supporting fence or wall of the type and dimensions hereinafter specified.

(b)    All portable private swimming pools and portable wading pools, unless enclosed by a fence or wall of the type and dimensions hereinafter specified, shall be either emptied when not in use or unattended or covered with a suitable strong, protective covering, securely fastened or locked in place, when not in use or unattended; excepting, however, that a portable swimming pool or portable wading pool erected above the ground to a height of at least four (4) feet shall not require said fence or wall, provided, further that any and all steps, ladders or other approaches leading into said pool are removed at all times when said pool is not in use or is unattended.

(c)    Whenever a fence or wall is required to be erected under this chapter, it shall be at least four (4) feet in height and shall be constructed as not to have openings, holes or gaps larger than three (3) inches in any dimensions, except for doors or gates, and if a picket-type fence is erected or maintained the horizontal dimensions shall not exceed two and one-half (2 1/2) inches. A dwelling house or accessory building may be used as part of such enclosure. All gates used in conjunction with the fence or wall shall meet the same specifications as the fence or wall itself and shall be equipped with approved locking and latching devices and shall be locked at all times when the private swimming pool or wading pool is not in use and when said private swimming pool or wading pool is not being supervised.

(d)   The distance between any pool and a fence not attached to an aboveground pool shall be a minimum of seven (7) feet.

Q.   Trailers.

(1)    No trailer, auto trailer, trailer coach, travel trailer or camper shall be used for dwelling purposes or as sleeping quarters for one (1) or more persons, nor shall any such trailer or camper be used for storage or space for the permanent conduct of any business, profession, occupation or trade, except that such facilities may be used for temporary residency as the temporary replacement of a damaged dwelling unit and for temporary use as a construction office located on a site during construction or for a sales office subject to Planning Board approval, provided that a temporary permit has been issued for its use by the Building Inspector. This section shall not be construed so as to prohibit the parking or storage of such trailers and campers on private premises, but such storage shall be located to conform to the yard requirements for an accessory building.

(2)    Temporary uses.

(a)    "Temporary," for purposes of residential occupancy, shall mean ninety (90) days, with an option to extend for one (1) additional ninety-day period.

(b)    "Temporary," for use as a model home and/or construction office, shall mean occupancy during the time of construction.

(c)    Any temporary office shall be removed within fifteen (15) days of issuance of the certificate of occupancy for the last unit or within fifteen (15) days of cessation of construction activity.

(d)   The maximum allowable time period for a permitted temporary structure or use shall be set at one (1) year.

R.   Yards.

(1)    No open space provided around any principal building for the purpose of complying with front, side or rear yard provisions shall be considered as providing the yard provisions of another principal building. On a lot which extends through a block in a manner resulting in frontage on two (2) or more streets, including corner lots, front yard requirements shall be complied with on all street frontages.

(2)    No front yard and/or side yards shall be used for open storage of boats, vehicles or any other equipment, except for parking on driveways in a residential zone, for the parking of passenger vehicles. [Amended 9-21-2005 by Ord. No. 1304-2005]

S.   Merger. Where title to contiguous undersized lot(s) in area or dimensions which do not comply with the bulk standards are held by an individual, partnership or corporation who or which also holds title to an adjacent lot(s), the undersized lot(s) shall be deemed to be merged with said adjacent lot(s) for the purposes of applying the regulation of this chapter, and no lot(s) may be conveyed to another person without first obtaining a subdivision. [Amended 9-21-2005 by Ord. No. 1304-2005]

T.   Yard requirements. Front and rear yards may be reduced, provided that they are not less than the average dimension of the front and rear yards in existence in the same block within two hundred (200) feet of the lot under consideration and on the same side of the street.

U.   Boundaries of industrial zones. Where a heavy industrial district abuts a residential or business district, any front, side or rear yard lying in the industrial district along such district boundary line shall not be less than one hundred (100) feet in width.

V.   Yards affected by railroad spurs. The side and rear yard requirements of the Bulk Schedule36 shall not apply to those portions of a lot immediately adjoining and bounded by the right-of-way of a railroad or where a railroad track or spur line forms the boundary line between two (2) lots in the industrial district.

W.  Frontage on public streets. Every principal building shall be built upon a lot with frontage upon a public street improved to meet the municipality's requirements.

X.    No outside display of wares for sale, vending machines, or products manufactured on the site shall be permitted in the front yard of any lot, except as otherwise permitted by this chapter or by the governing body.

Y.    Any multiple use of lights, flags or pennants or a string of flags, lights or pennants or similar displays to attract attention shall not be permitted.

Z.     No commercial vehicle of more than one (1) ton manufacturer-rated capacity shall be parked on any street overnight in a residential zone or parked on any residential property. [Amended 9-21-2005 by Ord. No. 1304-2005]

AA.  Outside storage of inoperable cars for more than fifteen (15) days shall not be permitted in any residential zone. No cars in any stage of disassembly may be stored on a property unless in a garage. [Amended 9-21-2005 by Ord. No. 1304-2005]

BB.  Child-care centers, licensed by the New Jersey Department of Human Services shall be a permitted use in all nonresidential districts of a municipality. The floor area occupied in any building or structure as a child-care center shall be excluded in calculating any parking requirements and the permitted density allowable for that building or structure. A minimum indoor area of thirty (30) square feet per child and a minimum area of thirty (30) square feet per child for outdoor recreation shall be provided. Prior to a certificate of occupancy being issued, approval of the site and building for a child-care center from the Fire Subcode, Building Subcode and Health Officer shall be received.

CC.  Whenever tanks for the storage of material with a gross capacity exceeding three thousand (3,000) barrels which are permitted in the M-3 Heavy Industrial zone abut a residential use or district, a six hundred (600) foot setback from the outer wall of the tank to the residential use or district shall be required. This setback requirement shall not apply to expansions of existing uses in an M-3 Zone where existing conditions do not meet the six hundred (600) foot requirement, so long as the distance from the nearest load bearing wall of any existing residential structure to the outer wall of the proposed tank is equal to or greater than the shortest distance between the load bearing wall of any preexisting residence and the outer wall of any preexisting tank. [Amended 9-21-2005 by Ord. No. 1304-2005]

DD.  In any single-family residential zone, only one (1) principal building and one (1) principal use shall be permitted.

EE.  Natural features. Natural features such as trees, brooks, swamps, hilltops and views shall be preserved wherever possible on individual lots. Care shall be taken to preserve selected trees to enhance soil stability and the landscape treatment of the area.

FF.  No entry, exit, ingress, egress or access door in any building shall swing out into any city right-of-way. If it is required that the door swing outward, then the door must be recessed so that it does not project beyond the right-of-way line. Where the building facade is set behind the right-of-way line and public access sidewalk is provided up to the building facade, no door shall project into the sidewalk area in front of the building facade. If any portion of the area between the building facade and the public right-of-way is not utilized as a public access sidewalk, then this area may be utilized for the projection of a door-swing into that area. [Added 9-21-2005 by Ord. No. 1304-2005]

GG.  Use and occupancy limitations in attics, half stories, basements, and cellars. [Added 9-21-2005 by Ord. No. 1304-2005] Where this chapter defines space under roof as any of the following types of space, their use shall be restricted to those uses identified below.

(1)    Attic: No habitable space shall be permitted in an attic. Attic space shall be for storage only.

(2)    Half story: Half stories may be used for recreational activities, but no sleeping quarter, kitchens, or bathrooms shall be permitted.

(3)    Basement: Basements may be used for recreational activities, but no sleeping quarters, kitchens, or bathrooms shall be permitted.

(4)    Cellar: No habitable space shall be permitted in a cellar. Cellars space shall be utilized for mechanical rooms, utility closets, washer and dryer installations and/or storage.

HH. Roll down security gates. [Added 9-21-2005 by Ord. No. 1304-2005] For commercial and industrial uses, the installation of open grill type roll down security gates over building entrances shall be permitted. Hoods for security gates must be covered by an awning or other permitted architectural treatment.

II.    [Added 9-21-2005 by Ord. No. 1304-2005] The height of a building shall not take into account roof projections such as elevator shafts, emergency exists, chimneys or roof-mounted equipment subject to the following conditions:

(1)    The roof projection(s) shall not exceed ten percent (10%) of the roof area;

(2)    The maximum height of the projection(s) shall not exceed eight (8) feet over the building height as defined;

(3)    Elements of roof projection shall not be visible from six (6) feet above street grade as measured from across the street at the curbline of any street fronting on the structure.

(4)    Chimneys in residential units shall not extend beyond required roof projection according to the Building Code requirements.

(5)    A minimum of six (6) feet setback from the roof edge at building elevations fronting on streets is provided.

 

 

ARTICLE X   Parking

 

§ 430-61. General provisions.

A.   The following regulations and schedules with specific requirements shall apply to all off street parking and loading facilities for all uses of land in all districts:

(1)    Off-street parking space shall be provided as further specified in this chapter and shall be furnished with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which it is situated, and no such space shall be encroached upon or reduced in any manner. All parking areas, passageways and driveways shall be constructed in accordance with the design specifications of the subdivision provisions of this chapter and in accordance with all applicable federal and state regulations requiring handicapped parking. Landscaping consisting of attractive trees, shrubs, plants and grass lawns shall be required and planted in accordance with the site plans. Special buffer planting shall be provided along the side and rear property lines so as to provide protection to adjacent properties when such lot lines abut residential zones or uses.

(2)    The collective provision of an off-street parking area by two (2) or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately, and further provided that the land upon which the collective facilities are located is owned or leased by one (1) or more of the collective users.

(3)    All off-street parking and loading facilities shall be designed in accordance to the dimensions as contained herein.

(4)    No off street loading area or off street parking area or part thereof for three (3) or more vehicles shall be closer than ten (10) feet to any dwelling, school, hospital or other institution for human care located on an adjoining lot.

(5)    For development other than single-family dwellings, any off street parking area or off street loading area for three (3) or more vehicles shall be improved with an impervious cover according to the standards of this Article. All parking and loading spaces shall be marked so as to provide for the orderly and safe loading, parking and storage of motor vehicles.

(6)    All off street parking areas and off street loading areas shall be graded and drained so as to dispose of all surface water without detriment to surrounding uses as determined by the Municipal Engineer. No access drive or driveway in any residential district shall be used to provide access to uses other than those permitted in such residential district.

(7)    Any public or private parking or loading area for three (3) or more vehicles, including a commercial parking lot, shall be developed and maintained in accordance with municipal requirements.

(8)    Off street parking areas for three (3) or more vehicles and off-street loading areas adjoining residential districts shall be effectively screened by a fence or hedge as provided in this chapter. The screening shall be on the side or sides which adjoin or face premises in any residential district or institutional premises.

(9)    All parking areas and appurtenant passageways and driveways serving commercial and industrial uses shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation upon the premises. Adequate shielding shall be provided by commercial and industrial users to protect adjacent residential zones from the glare of such illumination and from that of automobile headlights. The operator of any commercial or industrial premises may reduce the amount of lighting after 12:00 midnight by not more than fifty percent (50%) of the total lighting required during the period between sunset and sunrise.

(10)  All parking areas shall have artificial lighting that will provide an average lighting level of five-tenths (0.5) horizontal footcandle throughout the parking area. Freestanding light poles shall be no higher than the height of the highest principal building served by the parking area or twenty (20) feet, whichever is less.

(11)  Parking areas may be located in any rear or side yard but may not be located in any required front yard area except where a parking space in front of an operable garage and except where specifically permitted elsewhere in the Article. [Added 9-21-2005 by Ord. No. 1304-2005]

(12)  Parking spaces, driveways and aisles shall be clearly marked and delineated. For safety and fire-fighting purposes, free access between adjacent parking areas shall be provided.

(13)  It shall be the responsibility of the owner of the property to maintain all off-street parking, loading and unloading areas, driveways, aisles and accessways in good condition, free of sagging condition, potholes, cracked pavement, etc. All lighting, bumpers, markings, signs, drainage and landscaping shall be similarly kept in workable, safe and good condition. Parking space striping shall be inspected periodically by the Municipal Engineer every three (3) years. If the condition of the lighting, bumpers, markings, signs, drainage and landscaping has deteriorated to a condition deemed by the municipality to warrant renewal, the owner shall repair the markings to the satisfaction of the Municipal Engineer. Irrespective of the above-described inspection period, if the Municipal Engineer or the Traffic and Safety Division of the Police Department determines that that layout of the parking space lines, curbs, islands or other traffic guidance features and drainage, landscaping or lighting is such as to adversely affect safety, the Municipal Engineer can require the owner to redesign and install such traffic guidance and parking features. The owner shall be responsible to pay all application, escrow and inspection fees. Where such redesign is ordered by the Municipal Engineer, the revised design must be reviewed and approved by the Planning Board or Zoning Board of Adjustment prior to the start of repairs, construction and/or repainting. If the owner fails to undertake repairs after proper notification by the Municipal Engineer, the Municipal Council may authorize repairs to be made at the owner's expense if, in the Municipal Council's opinion, conditions constitute a hazard to the safety and welfare of the municipality's residents and visitors or may revoke the owner's certificate of occupancy and require the property to be vacated.

B.   Parking spaces, loading spaces and aisles.

(1)    Each off-street parking space shall measure not less than nine by eighteen (9 x 18) feet, exclusive of access drives and aisles, except that parallel curb parking spaces shall be nine by twenty-three (9 x 23) feet.

(2)    Loading spaces shall not be less than fifty by twelve (50 x 12) feet.

(3)    All traffic aisles between parking spaces for ninety-degree parking shall be twenty-four (24) feet wide.

C.   Design standards for driveways and access aisles.

(1)    All entrance and exit driveways to public streets shall be located to afford maximum safety to traffic on the public streets.

(2)    Any exit driveway or driveway land shall be so designed with regard to profile, grading and location to permit the sight distance in accordance with § 430-69C, Sight-triangle easements.

(3)    The dimensions of driveways shall be designed to adequately accommodate the volume and character of vehicles anticipated to be attracted daily onto the land development for which a site plan is prepared.

(a)    Driveway dimensions. Driveway width at the curbline should be limited to fifteen (15) to thirty-five (35) feet.

[1]    Driveways serving large volumes of traffic shall be required to utilize high to maximum dimensions.

[2]    Driveways serving low traffic volumes shall be permitted to use low to minimum dimensions.

(b)    Number of driveways. The number of driveways provided from a site directly to any one (1) municipal street shall be recommended as follows:

Length of Site

 

Frontage

Recommended Number

(feet)

of Driveways

100 or less

1

More than 100 up to 800

2

Over 800

To be specified by the municipal agency upon receipt of advice of the Municipal Engineer

(4)    No driveway to or from a parking area shall be located closer than one hundred (100) feet from the nearest right-of-way line of an intersection of a collector or arterial street. However, any major use, such as a shopping center or office complex, which, in the opinion of the municipal agency, will generate large traffic volumes shall not be located closer than two hundred (200) feet from the nearest right-of-way line of an intersection of a collector or arterial street.

(5)    No part of any driveway may be located within five (5) feet of a side property line, including the extension to the curbline, for single- and/or two-family dwellings and within twenty (20) feet of a side property line, including the extension to the curbline, for all other uses. However, upon application to the municipal agency and approval of the design by the Municipal Engineer, the municipal agency may permit a driveway serving two (2) or more adjacent sites to be located on or within ten (10) feet of a side property line, including the extension to the curbline between the adjacent sites.

(6)    Driveway angle, one-way operation. Driveways used by vehicles in a one-way direction of travel (right turn only) shall not form angles smaller than forty-five degrees (45°) with the public street, unless acceleration and deceleration lanes are provided.

(7)    Driveway angle, two-way operation. Driveways used for two-way operation will intersect the public street at any angle as near ninety degrees (90°) as site conditions will permit, and in no case shall it be less than sixty degrees (60°).

(8)    Parking areas for twenty-five (25) or more cars and access drives for all parking areas on arterial roadways provide curbed return radii of not less than fifteen (15) feet for all right-turn movements and left-turn access from one-way streets and concrete aprons on entrance and exit drives.

(9)    Parking areas for fewer than twenty-five (25) cars may utilize concrete aprons without curb returns at entrance and exit drives which are not located on a minor arterial or principal arterial highway.

(10)  Access drives for single- and two-family dwellings shall utilize concrete aprons without curb returns, regardless of size or location.

(a)    Such drives shall have a minimum width of ten (10) feet and a maximum width of twenty-four (24) feet when they provide access to a garage and/or driveway.

(b)    All such residential driveways shall be paved with a minimum of four (4) inches dense aggregate grade subbase and two (2) inches FABC, Mix 1-5.

(11)  Maximum curb depression width for single- and two-family dwellings shall be the driveway width plus four (4) feet, but not more than twenty-five (25) feet.

(a)    For all other uses it shall be the driveway width plus ten (10) feet, but not more than thirty-five (35) feet.

(b)    All concrete shall be constructed as provided by the appropriate section of this chapter.

(12)  Where a driveway connecting to a public street serves traffic from parking areas of a major traffic generator, an acceleration and/or deceleration lane may be required in accordance with the Policy of Geometric Design of Rural Highways 1984 or latest revision, American Association of State Highway Officials.

(13)  The number of driveways, in such locations and of such widths, as shall be certified by the engineering official having jurisdiction over road design to be necessary and proper in order to achieve compatibility with the road design in view of the site condition shall be permitted and shall be deemed to constitute compliance herewith.

(14)  If the road to which the driveways connect is a municipal street, the certifying official shall be the Municipal Engineer. If it is a county road, the certifying official shall be such County Engineer as may be in charge of road design. If it is a state road, the certifying official shall be such official of the New Jersey Department of Transportation division, bureau or other unit in charge of road design for that road.

(15)  Aisles from which cars directly enter or leave parking spaces shall be no less than:

(a)    Twenty-four (24) feet for perpendicular parking.

(b)    Twenty (20) feet for sixty-degree-angle parking.

(c)    Twenty-four (24) feet for all aisles allowing two-way traffic.

(d)   Only angle parking stalls or parallel parking stalls shall be used with one-way aisles.

D.   Driveway aprons.

(1)    Driveway aprons shall be required between the curbing and the sidewalk. They shall be six (6) inches of concrete according to specifications required for curbing described in Article XII.

(2)    Parking areas shall be so arranged as to provide adequate access to all buildings in case of fire or other emergency. No parking shall be allowed within thirty (30) feet of the outer walls of any structure or within such other adequate distance as the Planning Board, in consultation with municipal fire officials, may approve. The developer shall post adequate signs and provide pavement markings, approved by the Planning Board, prohibiting such parking and designating such areas as fire zones.

E.   Parking areas in commercial and industrial districts.

(1)    Off-street parking areas which abut a residential or institutional use on any side shall be set back a minimum of twenty-five (25) feet from the lot line and adequately buffered and screened from such use with planting or fencing.

(2)    All parking areas for ten (10) or more vehicles shall be landscaped with hedges, shrubbery and/or shade trees of a type and quality approved by the approving board.

(3)    All parking areas for twenty (20) or more vehicles shall contain grassed or landscaped island areas of at least six (6) feet in width separating rows of parking spaces. Such island areas shall be spread throughout the parking area in accordance with a site plan approved by the approving board and shall occupy a minimum of ten percent (10%) of the area formed by the outer perimeter of the paved parking area. The island areas shall contain a minimum of one (1) shade tree for each five (5) parking spaces in the parking area and shall be landscaped in accordance with a landscaping plan approved by the approving board.

(4)    For commercial and all nonresidential uses in business districts, required parking shall be provided within two hundred (200) feet of such use, measured from the nearest point of the building that such facility is required to serve.

F.   Barrier-free parking. All parking areas shall be designed in accordance with the applicable New Jersey state statutes for barrier-free and handicapped parking. This shall apply to the access from the parking stalls to the various uses in which the parking is provided for.

G.   Connection of parking facilities. As part of the layout of the parking facility for various uses, the applicant, with guidance from the Technical Review Committee, shall provide for, if possible, the connection of adjoining parking facilities of the two (2) adjacent uses. The intent of this subsection is to eliminate the drive cuts along various local, county and state roadways but provide for the movement of vehicles between parking facilities of various uses similar in nature.

H.   All parking areas and driveways shall be designed with adequate radii to permit movement of all emergency vehicles.

 

 

ARTICLE XI   Signs

 

§ 430-62. Sign regulations. [Amended 9-21-2005 by Ord. No. 1304-2005]

A.   General Provisions.

(1)    Any signs not specifically permitted are hereby prohibited.

(2)    No signs, except special event signs, shall be placed on private or public property except for the purpose of identifying a use or uses actually conducted upon the premises upon which such signs are erected and for no other purpose.

(3)    No sign shall be located in such a manner as to materially impede the view of any street or intersection.

(4)    Except where otherwise provided, no sign or any part thereof shall be located closer than twenty (20) feet to any lot line.

(5)    All height limitations shall be measured from ground level to the highest part of the sign or its supporting structure, whichever is higher.

(6)    The maximum height for freestanding signs, unless otherwise provided, shall not exceed fifteen (15) feet above ground level.

(7)    Except where specifically prohibited, freestanding and projecting signs may be double-faced, and the maximum sign area shall apply to each side. The area of the sign shall include each and every part of the sign, including moldings and frames. Where the sign is supported by a post or pylon whose surface is being used for advertising purposes, the areas of this post, pylon or other supporting members shall be considered as part of the total area and items of information.

(8)    Wherever the message on a wall sign is divided between a number of panels or parts, the total area of all of the panels or parts shall be considered as one (1) sign, and where a sign consists of individual letters or numbers, the area of the smallest rectangle or rectangles which can collectively enclose all of the letters or numbers shall be the total sign area.

(9)    Wall signs erected flat against the side of a building shall be within the sign band area.

(10)  No marquees shall be permitted.

(11)  Unless specifically prohibited, all signs may be illuminated as provided for in subsection E. below.

(12)  Whenever a parcel is bordered by more than one (1) street, additional signage may be permitted by the municipal agency, in accordance with the standards of this section, for each major street upon which the parcel fronts. Wall signage shall be permitted in accordance with the sign band.

(13)  Signs shall not be painted on buildings or affixed to water towers, storage tanks, smoke stacks or similar structures.

(14)  Each commercial and industrial use shall be required to place their street address number(s) in four (4) inch high numbers on the entrance door. Such signage shall be excluded from the items of information at this location.

(15)  Items of information allowed.

(a)    Each land use is entitled to display one (1) principal sign containing up to ten (10) items or information on each street or highway to which it has access. However, if the name and trade of the proprietor occupying the building and its premises contains more than ten (10) items of information, the name and trade may be displayed once on each street frontage provided that no other sign is displayed on the building or its premises to that frontage except as otherwise permitted. Additional signs shall be permitted if the principal sign does not contain more than ten (10) items of information.

(b)    An "item of information" means any word, syllable, initial, abbreviation, number, symbol or geometric shape. The items of information shall be in compliance with the Table of Basic Design Elements,* and elsewhere as permitted in this section.

(c)    Provided that the items of information allowance authorized by this section is not exceeded, signs may be displayed as freestanding or ground signs, wall signs, projecting signs or awning signs within the limitations and restrictions as further provided by this chapter.

(d)   Street numbers displayed at less than four (4) inches in height affixed to entry doors, and hours of operation displayed at less than two (2) inches in height shall be excluded from the items of information, provided they meet the requirements of other sections herein.

B.   Permits.

(1)    All signs and advertising displays other than those expressly excluded herein shall require sign permits. To obtain such permits, the owner of the proposed sign shall make application to the Zoning Officer or his designee on forms provided by him. The applicant shall also provide all plans and specifications of the proposed construction as provided below.

(2)    It shall be the responsibility of the Zoning Officer or his designee to determine whether the proposed signs will be in compliance with all the provisions of this section and all other laws and ordinances of the municipality and that the sign will be erected in such a manner as not to constitute any hazard to the public or not likely to cause damage to property. The Zoning Officer or his designee shall approve or deny the issuance of a sign permit after receipt by him of the completed application form and fee. In the event that the Zoning Officer or his designee approves the issuance of the sign permit, he shall promptly forward the same to the applicant upon payment to the municipality of the required fee. In the event that the Zoning Officer or his designee denies permission, the Zoning Officer or his designee shall so notify the applicant. Upon such denial, the applicant may appeal the determination of the Zoning Officer or his designee, pursuant to this Article. If the work authorized under a sign permit shall not be completed within one (1) year after the date of its issuance, the permit shall become null and void. The application may also require the issuance of a building permit, which shall be obtained separately. The application may also require a review pursuant to chapter 374 of the City Code if it is located in the Business Improvement District.

(3)    Application for sign permits shall be made in duplicate on forms to be furnished by the municipality and shall be accompanied by a fee for each sign, made by check or money order payable to the order of the City of Perth Amboy, which fee shall not be returnable for any reason. The application shall contain the following information hereinafter set forth:

(a)    The name, address and telephone number of the owner of the premises upon which the sign is sought to be erected, and if the applicant is a person other than the owner, then the applicant, in addition, shall set forth his, her or its name, address and telephone number as well as his, her or its relationship to the owner.

(b)    The name of the person, firm, corporation or association erecting the sign.

(c)    Written consent of the owner of the building structure or land to which or which the sign is to be erected, if the applicant is other than the owner.

(d)   Attached to each copy of the application shall be a sketch plat prepared by the applicant or on his behalf which shall include the following information:

[1]  The location of the premises on which the sign is to be erected, in relation to surrounding properties, and showing the Tax Map, block and lot numbers of said premises along with the names of the owners of all adjoining properties and their respective Tax Map, block and lot numbers and the names of all streets which abut said premises.

[2]  The location and dimension of all boundary lines of the premises.

[3]  The location and dimensions of all buildings and structures, including existing signs, on said premises, showing their respective setbacks from the boundary lines.

[4]  Color photographs of the existing building and the adjacent buildings.

[5]  Dimensions and calculations of signable area, dimensions, colors, materials, methods of installation and illumination for proposed signs.

[6]  Plans prepared at a scale of one-fourth (1/4) inch equals one (1) foot.

(e)    Also attached to each copy of the application shall be an additional sketch prepared by the applicant or on his behalf which shall include the following information:

[1]  A diagram of the proposed sign, with all its dimensions and height above ground shown and a description of the message, trademark or symbol or insignia to be contained thereon. Sample signs which are considered aesthetically acceptable by the City of Perth Amboy are shown on the reverse side of the application form.

[2]  The methods and materials of construction of said sign, including the mode of illumination, if any, and the manner in which it will be connected to the ground or building. In any business, commercial or industrial zone, this information shall be supplied by virtue or being set forth in blueprint plans.

(4)    Sign permit fees. All persons erecting permanent signs or refacing existing signs within the City of Perth Amboy shall pay a fee for each sign in accordance with the following schedule:

(a)    Refacing existing signs:

[1]  Freestanding or ground signs:       $100.

[2]  Wall signs:                                     $  75.

[3]  Other signs:                                   $  50.

(b)    New signs:

[1]  Freestanding or ground signs:       $200.

[2]  Wall signs:                                     $150.

[3]  Other signs:                                   $  75.

(5)    Nonconforming signs.

(a)    Continuance. Except as otherwise provided in this section, the lawful use of any sign existing at the date of the adoption of this chapter may be continued, although such sign does not conform to the regulations specified by this section for said sign, provided that:

[1]  No nonconforming signs shall be enlarged, extended or increased or changed in material, character, location or illumination.

[2]  A permit for any nonconforming sign shall be obtained within six (6) months from the date of adoption of this chapter.

(b)    Abandonment.

[1]  A nonconforming sign shall be considered to be abandoned when there occurs an intentional cessation of the use of the sign or if the business referred to therein ceases to operate.

[2]  Whenever there is a change in occupancy of a building or premises, including any vacancy of such building or premises, the message of any sign or signs which identify or advertise an individual, business, service, product or other item that is no longer present or available in the building or on the premises shall be removed. Any new message must comply with the provisions of this Article.

(c)    Restoration. If any nonconforming signs shall be destroyed by reason of windstorm, fire, explosion or other act of God or the public enemy to the extent of its then true value, said sign shall not be rebuilt or reconstructed except in conformance with the provisions of this section.

(d)   Reversion. Nonconforming sign shall not, once changed into a conforming sign, be changed back again into a nonconforming sign.

C.   Construction.

(1)    All signs shall conform to the structural requirements of the New Jersey Uniform Construction Code.

(2)    Freestanding signs shall be supported by posts or pylons of durable materials, which may include concrete, steel, treated wood, other suitable, materials or any combination of the same. Supports for freestanding signs shall be set securely in the ground or concrete so that the sign will be capable of withstanding high winds. No other bracing or guy wires shall be permitted.

(3)    Any sign attached flat against the surface of a building shall be constructed of durable material and attached securely to the building with nonrusting metal hardware. When a sign is to be installed on a masonry building, holes shall be drilled in the masonry, and proper nonrusting hardware of the expansion or epoxy injection type shall be used. The use of wood or fiber plugs is prohibited.

D.   Maintenance. All signage and supports shall be maintained in accordance with the latest edition of the Property Maintenance Code as per City of Perth Amboy Code Chapter 335, and Chapter 184.

E.   Illumination.

(1)    Wiring for illuminated signs shall be installed and maintained in accordance with the Electrical Code (refer to Chapter 184 of the City Code) of the municipality. Any fee for an electrical inspection shall be in addition to the fee provided for in the sign permit.

(2)    Where illuminated signs are permitted, illumination may be provided by incandescent floodlights, spotlights or ordinary incandescent bulbs; fluorescent tubes; mercury vapor; or metal halide, quartz or high-pressure sodium lamps. Neon lights are specifically prohibited, except where specifically permitted. Regardless of the type of illumination employed, all illuminated signs shall be properly shielded and so located as to prevent glare or blinding effects upon motor vehicle traffic, pedestrians, and so as not to cause a nuisance to residents of the area. Intensity of illumination shall be in accordance with the following:

(a)    For the purposes of determining the maximum illumination of a sign or signs, existing areas are classified as either low- or high-illumination areas. A low-illumination area is defined as a place where at night the average maintained footcandle (fc) level is equal to or less than one and five-tenths (1.5) footcandles. A high-illumination area is defined as a place where at night the average maintained footcandle level is greater than one and five-tenths (1.5) footcandles.

(b)    For externally lighted signs, the following shall apply:

 

Maximum Illumination

(watts per square foot)

 

 

Lamp Type

Low-Illumination Area

High-Illumination Area

Incandescent

7.1

14.3

Quartz

7.1

14.3

Fluorescent

2.1

4.2

Mercury vapor

2.1

5.7

Metal halide

1.6

3.2

High-pressure sodium

1.4

2.9

(c)    For internally lighted signs, the following shall apply:

 

Maximum Illumination

(watts per square foot)

 

 

Lamp Type

Low-Illumination Area

High-Illumination Area

Fluorescent

8.0

12.0

Incandescent

27.2

40.0

(3)    Whenever the Zoning Officer determines that the lighting on any sign now or hereafter erected constitutes a safety hazard to motor vehicle traffic in the vicinity, he shall serve written notice of his determination upon the property owner and owner of the sign directing them to correct the condition within fifteen (15) days from the date of the mailing of the notice. Failure to correct the condition or file an appeal within the time specified shall constitute a violation of this section by both the sign owner and the property owner.

(4)    Colored floodlights or indirect colored illumination is prohibited.

F.   Signs permitted without a municipal sign permit. The following signs shall be permitted in any zone in the municipality without a municipal sign permit:

(1)    Nonilluminated directional signs identifying parking areas, loading zones, entrances, exits and similar locations. The signs may include a logo, business name or professional name but shall not include an advertising message and shall not exceed three (3) square feet.

(2)    Temporary and permanent traffic signs and signals installed by the municipality, county or state for the purpose of directing and regulating the flow of traffic. Temporary traffic signs installed by a utility for the purpose of directing and regulating the flow of traffic while performing work in a right of way.

(3)    Signs indicating public transportation stops when installed by the municipality or a public transportation utility.

(4)    Historical tablets, cornerstones, memorial plaques and emblems which do not exceed six (6) square feet in area and which are installed by government agencies or civil religious organizations.

(5)    Warning and no-trespassing signs, not exceeding three (3) square feet in area.

(6)    Flags or emblems of religious, educational, civic or governmental organizations flown from supports on the buildings or grounds occupied by the organization and the American flag whenever and wherever flown in accordance with the laws and rules and promulgated by the federal government.

(7)    The name and number plates identifying residents and affixed to a house, apartment or mailbox, not exceeding fifty (50) square inches in area.

(8)    Lawn signs identifying residents, not exceeding one and (1) square foot in area for each side. The signs shall not contain any advertising message and shall be nonilluminated, except by a light which is an integral part or a lamppost if used as a support.

(9)    Signs posted by governmental agencies or pursuant to governmental statute, order or regulation.

(10)  Signs which are an integral part of vending machines, including gasoline pumps, milk machines, soda machines and MAC machines, provided that they do not exceed the height or width of the machine on which they are located. No additional signs shall be provided at the facility or added to the machine beyond the height or width of the machine.

(11)  Real estate signs, announcing the sale, rental or lease of the premises on which the sign is located, such sign not to exceed five (5) square feet in area. If double-faced, the sign shall not exceed ten (10) square feet in area for both sides. The sign shall be nonilluminated. Such sign shall not be closer to the line than one-half (1/2) the distance between the building line and the lot line, as defined by this chapter. Such signs shall not be located closer to other such signs than one (1) in every two hundred (200) feet, measured either along the front of a lot or along the depth of a lot.

(12)  Temporary signs attached to a window shall be removed at the expiration of the event sale for which it was erected or posted. Temporary signs may be erected or posted up to fourteen (14) days prior to the event or sale. Temporary sale signs must identify sale date start and end. No more than fifteen percent (15%) of the square footage of any single window or single window display area shall be devoted to signs or other advertising material attached thereto or otherwise exposed to public view.

(13)  Temporary signs for advertising public functions or fundraising events for charitable or religious organizations shall be permitted for a period of twenty-one (21) days prior to and during the event and shall be removed within five (5) days after the event. The sign shall be nonilluminated, not larger than sixteen (16) square feet in area, not exceeding eight (8) feet in height and may be erected flat against the building or freestanding.

(14)  Temporary political signs not exceeding twelve (12) square feet, nonilluminated, which shall be removed ten (10) days after the election.

(15)  Path marking signs for garage sales, provided that not more than two (2) signs not exceeding two (2) square feet in size are posted no earlier than two (2) days before the beginning of the sale, are removed the day following the sale and are not otherwise prohibited in Subsection G. below, and all signs for path marking to garage sales shall be provided with the address of the garage sale.

(16)  Artisans' signs. Signs of builders, electrical contractors, painters and other artisans may be erected and maintained during the period in which such persons are performing work on the premises, provided that the size of any such sign shall not exceed sixteen (16) square feet in area. Such signs shall be removed promptly upon completion of the work.

(17)  Private driveways. Signs indicating the private nature of a driveway, provided that the size of any such sign shall not exceed two (2) square feet.

(18)  Street numbers placed on entry doors in commercial and industrial zones provided lettering is no more than four (4) inches in height.

G.   Prohibited signs. The following signs are prohibited in all zones in the municipality:

(1)    Signs using red, yellow and green lights which, in the judgment of the Chief of Police, interfere with the operation of any traffic control signal.

(2)    Moving or revolving signs and signs using blinking, flashing, vibrating, flickering, tracer or sequential lighting.

(3)    Signs using any material which sparkles or glitters, but nothing herein contained is intended to prohibit the use of reflective paint on signs directing traffic or identifying various locations within a lot or parcel.

(4)    Any sign which, in the judgment of the Chief of Police, unreasonably tends to distract drivers or otherwise constitutes a traffic hazard.

(5)    Roof signs.

(6)    Signs or advertising matter of an indecent or obscene nature.

(7)    Signs using words, such as "stop," "look," "danger," etc., which are placed in a manner or position which, in the judgment of the Chief of Police, constitute a traffic hazard or otherwise interfere with the free flow of traffic.

(8)    Signs which attempt to imitate or otherwise cause confusion with existing signs erected by any governmental board, body or agency.

(9)    Billboards and other advertising signs, fixed or portable display shall be prohibited in all districts, except where specifically permitted.

(10)  Signs causing interference with radio or television reception.

(11)  Signs obstructing doors, fire escapes or stairways or keeping light or air from windows used for living quarters.

(12)  Strings of plastic flags, strings of banners, pinwheels, A-type signs, sandwich-type signs, sidewalk signs, curb signs and similar advertising devices.

(13)  Any commercial sign or banner spanning a public street, except for banners spanning a public street publicizing city supported or sponsored events.

(14) Signs placed or attached or supported on awnings, trees, fences, utility poles or light poles, signs attached to other signs and signs placed upon motor vehicles which are continuously or repeatedly parked in a conspicuous location to serve as a sign, but nothing herein contained is intended to prohibit the placement of signs directing traffic or identifying various locations within a lot or parcel on light poles and utility poles erected therein.

(15)  Any series of two (2) or more signs placed along a street or highway carrying an advertising message, part of which is contained on each sign.

(16)  A sign on motor vehicle, truck or trailer, whether or not operational and whether or not self-propelled, which is used or parked or designated to be parked for advertising purposes. Specifically exempted from this section are those signs, nameplates or letters affixed to or printed upon commercial vehicles regularly used in the course of business for regular deliveries, pickups or other such purposes and/or in compliance with the provisions of N.J.S.A 39:4-46. Specifically included are signs on vehicles, trailers and the like which have as their prime purpose the advertising of goods, wares or services of a business which are maintained in a stationary manner at one (1) or more locations for extended periods of time.

(17)  Signs located within sight triangles.

(18)  Banners, except for commercial and institutional activities supported or sponsored by the municipality, located in corner buildings two (2) or more stories in height. Banners may be twice the size of projecting signs and may project three (3) feet from a wall which includes a space of one (1) foot between the wall and banner.

H.   Specific zone permitted signage.

(1)    R-60 Residential Zone permitted signage.

(a)    One (1) nonilluminated residential nameplate sign situated within the property line and not exceeding one (1) square foot in area on any one (1) side.

(b)    One (1) nonflashing, nonilluminated temporary sign pertaining to the lease or sale of the same lot or building upon which it is placed, situated within the property lines and the premises to which it relates and not exceeding four (4) square feet in area on any one (1) side. The sign must be removed from the premises within two (2) days after the property has been sold.

(c)    One (1) nonflashing, nonilluminated wall or freestanding sign identifying a school, church, public park or other such permitted use located no less than ten (10) feet from any street or property line and not exceeding ten (10) square feet in area on any one (1) side.

(d)   No freestanding sign shall be erected closer than ten (10) feet to any front or side lot line.

(2)    R-50 Residential Zone permitted signs.

(a)    Only those signs are permitted as specified in the R-60 Zone.

(3)    R-25 Residential Zone permitted signs.

(a)    Only those signs are permitted as specified in the R-60 Zone.

(b)    One (1) indirect illuminated,  nonflashing wall, freestanding or projecting sign indicating a permitted home occupation and not exceeding one (1) square foot in area on any one (1) side.

(4)    R-M Residential Zone permitted signs:

(a)    All signs are specified in the R-60 Zone.

(b)    One (1) nonilluminated, nonflashing residential sign per entrance displaying the name of a multifamily development, placed not closer than ten (10) feet to any property line and not exceeding six (6) square feet on any one (1) side.

(c)    All signs for other than residential use shall adhere to the regulations of the C-1 Zone.

(5)    H Hospital Zone permitted signs:

(a)    One (1) nonflashing, illuminated wall or freestanding sign identifying the principal use, located no less than ten (10) feet from any street or property line and not exceeding twenty-five (25) square feet on any one (1) side, for institutional uses.

(b)    One (1) nonflashing, indirect illuminated freestanding or ground sign identifying the principal use, located no less than ten (10) feet from any street or property line and not exceeding six (6) square feet on any one (1) side, for non-institutional uses.

(c)    Illuminated accessory nonflashing wall or freestanding signs, provided that the total area of any sign shall not exceed twenty-five (25) square feet, for institutional uses.

(6)    C-1 Neighborhood Business Zone permitted signs:

(a)    Signs as provided for in the Table of Basic Design Elements* or elsewhere in this chapter.

(b)    One (1) nonflashing, nonilluminated temporary sign pertaining to the lease or sale of the same lot or building upon which it is placed, situated within the property lines and the premises to which it relates and not exceeding four (4) square feet in area on any one (1) side. The sign must be removed from the premises within two (2) days after the property has been sold or leased.

(c)    One (1) freestanding sign may be erected subject to Subsection J of this section.

(7)    C-2 Central Business Zone permitted signs:

(a)    Signs as provided for in the Table of Basic Design Elements* or elsewhere in this chapter.

(b)    One (1) nonflashing, nonilluminated temporary sign pertaining to the lease or sale of the same lot or building upon which it is placed, situated within the property lines and the premises to which it relates and not exceeding ten (10) square feet in area on any one (1) side. The sign must be removed from the premises within two (2) days after the property has been leased or sold.

(8)    C-3 Highway Commercial Zone permitted signs.

(a)    Signs as provided for in the Table of Basic Design Elements* or elsewhere in this chapter.

(b)    One (1) wall sign shall be permitted for each permitted use in a single use building or for each tenant in a shopping center and may be an illuminated business sign, provided that the total areas of all signs meets the Table of Basic Design Elements* and elsewhere in this chapter. Such signs shall be displayed as not to project more than eighteen (18) inches from the surface of the building or beyond the ends of the building. The total length of a wall sign in a single occupancy building shall not exceed twenty (20) feet.

(c)    One (1) nonflashing,  nonilluminated temporary sign pertaining to the lease or sale of the same lot or building upon which it is placed, situated within the property lines and the premises to which it relates and not exceeding ten (10) square feet in area on any one (1) side. The sign must be removed from the premises within two (2) days after the property has been sold.

(d)   Identification signs. Freestanding signs may be erected to identify a shopping center and to list individual occupants, provided that not more than one (1) such sign shall be erected for each five hundred (500) feet of frontage on a public street, and further provided that the aggregate areas of all sides of any such sign shall not exceed one hundred (100) square feet. Such signs may be illuminated but shall not be of the flashing type, shall not exceed the height of the principal building, shall not be located within fifty (50) feet of a public street or parking area driveway or within two hundred (200) feet of the boundary of a residence zone and shall in no way interfere with the safe functioning of any traffic control signal or directional device.

(e)    Directional signs (ingress). One (1) freestanding sign may be erected at each driveway which provides a means of ingress for off-street parking facilities on the premises and which relates only the name of the use or facility and appropriate traffic instructions. Such sign shall not exceed three (3) square feet in area for each of two (2) faces, and shall not extend more than three (3) feet above ground level.

(f)    Directional signs (egress). Freestanding signs may be erected on the premises for the purpose of providing directions to traffic leaving the premises which shall not exceed ten (10) square feet in area on each of two (2) sides, and shall not extend more than three (3) feet above ground level.

(g)    Traffic control signs. Freestanding signs may be erected which are necessary to control and regulate the movement of traffic on the interior roadways on the premises, provided that the number and location of such signs are approved by the Planning Board. Such signs shall not exceed four (4) square feet on areas and shall not exceed a height of ten (10) feet.

(h)   Parking lot signs. Freestanding signs may be erected within the parking areas to identify particular areas or sections of the parking lot, provided that not more than one (1) sign shall be permitted for each forty thousand (40,000) square feet of parking area, and further provided that such signs shall not exceed an area of three (3) square feet on any face nor exceed a height of ten (10) feet. In addition, freestanding signs may be erected at each end of a parking aisle for identification purposes, provided that such signs shall not exceed one (1) square foot in area nor exceed a height of eleven (11) feet. All of the above-described signs must be mounted not less than seven (7) feet above the ground. None of the above signs shall contain any advertising logo or identification message.

(9)    M-1 Light Industrial Zone permitted signs:

(a)    Signs as provided for in the Table of Basic Design Elements* or elsewhere in this chapter.

(b)    Illuminated, nonflashing wall signs, provided that the area of such sign does not exceed one hundred (100) square feet.

(c)    No sign shall be located within twenty-five (25) feet of the street line or property line.

(d)   One (1) freestanding sign is permitted for each business complex.

(e)    One (1) wall sign for each elevation of principal building which fronts on a street.

(10)  M-2 Heavy Industrial Zone permitted signs:

(a)    As permitted in the M-1 Light Industrial Zone.

(11)  M-3 Heavy Industrial Zone permitted signs:

(a)    As permitted in the M-1 Light Industrial Zone.

(b)    Billboards, subject to the conditional use requirements at Section 430-58.

I.    Table of Basic Design Elements.

(1)    The basic design element for signage within the City of Perth Amboy shall be as shown on the Table of Basic Design Elements.*

(2)    No signage may be erected, displayed or substantially altered or reconstructed except in conformance with the Table of Basic Design Elements* and as otherwise permitted.

(3)    When there is a change in property ownership or a new tenant the new owner or new tenant must remove all message items (items of information) not in compliance with the Table of Basic Design Elements* and effectuate conformance with the provisions of this Article provided such non-compliant items are determined not to be valid pursuant to N.J.S.A. 40:55d-1 et seq., the Municipal Land Use Law, et seq.

(4)    All property owners and tenants are responsible for the care and maintenance of signage on their property and must effectuate conformance with the provisions of this chapter.

(5)    Characterization of surrounding areas. For the purposes of applying the Table of Basic Design Elements,* the area surrounding any commercial or industrial use shall be considered residential or institutional wherever there is a residential or institutional use adjacent to the property line of such commercial or industrial use; only that part of the commercial or industrial area which is adjacent to a residential or institutional area shall be considered adjacent to a residential or institutional area.

J.    Ground or freestanding signs.

(1)    Any activity may display one ground or freestanding sign of the area and height indicated in the Table of Basic Design Elements,* providing the total items of information displayed from all signage does not exceed ten (10) items or as otherwise permitted, and provided that:

(a)    The activity is accessible by automobile and has off-street parking on the premises; or

(b)    The edge of the building or structure in which the activity is conducted is set back at least thirty-five (35) feet from the edge of the adjacent street or highway right-of-way. The height of a ground or freestanding sign shall be measured from the grade at the edge of the right-of-way.

(c)    The message displayed is limited to the business name and trade or logo.

(2)    Ground or freestanding signs are also subject to the following additional limitations:

(a)    A ground or freestanding sign which is six square feet or more in area may be displayed only on a frontage of one hundred (100) feet or more and may not be closer than one hundred (100) feet to any other ground or freestanding sign which is six (6) square feet or more in size.

(b)    An activity may have both a ground or freestanding and projecting sign if one (1) of these signs is six (6) square feet or less in size.

(3)    Ground or freestanding signs for industrial activities are subject to the following special area and height requirements, provided that the industrial activity has a frontage of at least three (300) hundred feet and setback of at least seventy-five (75) feet:

(a)    The area of the ground or freestanding sign may be no larger than the signable wall area of the building as determined under Subsection K.

(b)    The height of the ground or freestanding sign shall comply with all provisions herein.

K.   Wall signs.

(1)    Subject to the requirements of the Table of Basic Design Elements,* any activity may display wall signs, providing the total items of information displayed from all signage does not exceed ten (10) items or as otherwise permitted. Wall signs may be attached flat to or pinned away from the wall and may not project from the wall by more than twelve (12) inches. Wall signs painted on walls are prohibited.

(2)    Signable area.

(a)    The permitted area of wall signs is shown by the Table of Basic Design Elements,* which indicates the percentage of the signable area of the building or structure which may be utilized for wall signs. "Signable area" of the building means an area of the facade as defined under "sign band area". Activities located above the ground floor may display signs on the glass area of the windows only and are limited to twenty-five percent (25%) of the glass area and a maximum of ten (10) items of information as described in the General Provisions (Section 430-62.A.) Neon signs and or lights or illuminated signs are not permitted in windows or on walls above the ground floor sign band area.

(b)    Activities located above the ground floor may also display signs on their ground floor door. Activities located below the ground floor may display sign on their ground floor door and projecting signs up to six (6) square feet in area. All door signs are limited to ten percent (10%) of the door area.

(3)    Wall signs are subject to the following height limitations:

(a)    Wall signs placed in the space between windows may not exceed in height more than two-thirds (2/3) of the height of the sign band area.

(b)    Wall signs are to be located in the sign band above the storefront display window or transom whenever a sign band is part of the existing facade. Wall signs shall not extend beyond the width of the storefront display window or transom.

(c)    Letters can be a maximum of nineteen (19) inches in height if they are carved into or securely attached in such a way that are an architectural detail of a building, provided that:

[1]  They are indirectly illuminated, are not made of a reflecting material and do not contrast sharply in color with the building.

[2]  They do not exceed one (1) inch in thickness.

(d)   Wall signs may be internally illuminated only when they are on buildings which are set back from the sidewalk with off-street parking provided in front of the building.

(e)    Internally illuminated individual letters may be used on wall signs on buildings which front on the sidewalk but cannot be larger than seven (7) inches in height.

(f)    Internally illuminated letters are to have a matte finish and must be compatible with the building colors.

(g)    Internally illuminated individual letters less than nineteen (19) inches in height on walls of buildings set back fifty (50) feet from the right-of-way are permitted.

L.   Projecting signs.

(1)    Any commercial or institutional activity may display one (1) projecting sign on each street frontage, providing the total items of information displayed from all signage does not exceed ten (10) items or as otherwise permitted. The permitted area of projecting signs is shown in the Table of Basic Design Elements.*

(2)    The following additional regulations apply to projecting signs:

(a)    Projecting signs must clear sidewalks by at least eight (8) feet and may project no more than four (4) feet from the building.

(b)    Projecting sign must be at least six (6) inches away from the wall in which they are located.

(c)    Projecting signs are not permitted at the intersection of corners except at right angles to a building front.

(d)   No projecting signs may extend to above the sign band height of a building if the building consists of two (2) or more stories. No projecting sign shall extend above the roof line of any single story building.

(e)    No projecting sign may be displayed unless the building to which it is attached is fourteen (14) feet or more in width, and no projecting signs may be closer than fifty (50) feet to any other projecting signs.

(f)    No projecting sign can be located on buildings with an awning or which contains a wall sign.

M.  Window and window display areas.

(1)    Window display areas. All windows exposed to public view shall be kept clean and free of marks and foreign substances. Except when necessary in the course of changing displays,  no storage of materials, stock or inventory shall be permitted in window display areas ordinarily exposed to public view.

(2)    Window signage.

(a)    The window sign must follow the Basic Table of Design Elements. One (1) permanent window business sign per street elevation only, providing the total items of information displayed from all signage does not exceed ten (10) items or as otherwise permitted.

(b)    Telephone numbers shall be permitted on a window but not to exceed four (4) inches in height. Names of partners or company officers shall be permitted on windows but shall not exceed two (2) inches in height.

(c)    Hours of operation shall be permitted only on entry doors and shall not exceed two (2) inches in height. All allowable signage on doors shall be painted on doors or applied with stencil letters. No permanent window signs shall be comprised of posters, plaques, banners, etc.

(d)   Window signs whether temporary or permanent shall be done professionally.

N.   Special situations.

(1)    Buildings in joint occupancy or multiple use. When a building is occupied by a single occupant who carries on more than one (1) activity within the building or contains two (2) or more activities carried on by different occupants, the total building signage must meet the Table of Basic Design Elements* criteria based on the Zone in which the building is located.

(2)    Off-street parking. Street signs may be displayed on the side or rear of a building adjacent to an off-street parking area if the off-street parking area is forty (40) feet or more in width. However, the side or rear of the building adjacent to the off-street parking area may not be included when calculating the signable wall area allowable to wall signs under this chapter.

(3)    Multiple frontages. If a building has frontage on or access to two (2) or more streets, each side of the building is to be separately considered for purposes of determining compliance with the provisions of this chapter and of the Table of Basic Design Elements.* Area allowances for street signs may be utilized only on the side of the building from which they are calculated.

O.   Auxiliary design elements.

(1)    Awnings.

(a)    Permanent awnings with signs are permitted for all activities in all areas, except in residential districts, providing the total items of information displayed from all signage does not exceed ten (10) items or as otherwise permitted. However, any letters over seven (7) inches in height which are displayed on a permanent awning are not permitted, except uppercase script letters may be twelve (12) inches when used with lowercase script letters which are less than seven (7) inches. Logos and symbols can also be larger than seven (7) inches, provided that they are limited to ten percent (10%) of the awning area. The items of information allowance established by the General Provisions (Section 430-62.A.) apply to signs on awnings. Permanent awnings shall not extend beyond four (4) feet beyond the vertical plane of the building measured at grade, nor shall encroach on a plane that is five (5) feet behind the vertical plane formed by the curb. Retractable awnings with signs that are concealed when retracted are not to be included in the calculations of items of information allowed. Retractable awnings may extend to six (6) feet from the vertical plane of the building measured at grade, and shall not encroach on a plane that is three (3) feet behind the vertical plane formed by the curb. Awnings are to be a minimum of six (6) feet nine (9) inches above the ground level. Awnings shall be located within the width of the frame of the first floor display windows or door and may not extend above the storefront window or transom by more than one (1) foot. Whenever a security gate is existing or added, the awning is to be located to conceal the security gate housing. Awnings are to have a maximum of three (3) colors.

(b)    Street numbers are permitted on the fringe of awnings if they are a maximum of four (4) inches in height, include the street name and are centered above the main entry door. Street numbers are recommended centered on doors and/or transom windows above doors. Phone numbers on awnings are not permitted.

(2)    Temporary window signs. Temporary window signs are permitted for all except industrial activities in all commercial areas. They may not exceed more than twenty-five percent (25%) of the area of the window in which they are displayed. Temporary window graphic are not debited against the items of information allowance established by the General Provisions (Section 430-62.A.).

(3)    Colored lights. White is the only color of light which is permitted:

(a)    In areas designated as institutional or residential or adjacent to such areas; or

(b)    For institutional or residential activities.

(4)    Color light may be used for seasonal holidays.

(5)    Flashing graphics: A "flashing graphic" is a light which is intermittently on and off. Flashing graphics are permitted only for motion-picture theaters and are not permitted:

(a)    In areas designed as residential or institutional or residential or adjacent to such areas; or

(b)    On streets and highways on which the traffic speed is in excess of twenty-five (25) miles per hour.

(6)    Neon light. Neon light is restricted to ground floor windows in commercial activities only and is restricted to a maximum of ten percent (10%) of the window and may not be used to frame or border the perimeter of the window.

(7)    Indirect illumination, i.e., a light source not seen directly, is the only approved method for illuminating a wall sign, or projecting sign unless individual illuminated letters are used and they are a maximum of seven (7) inches in height.

(8)    Floodlight illumination is permitted to light a building facade, provided that the color is white and the floodlight is positioned so that none of the light shines onto an adjoining property or in the eyes of motorists or pedestrians.

(9)    Not permitted:

(a)    Illuminated surface colors on wall signs or projecting signs on buildings which are not set back from the sidewalk, except in Subsection O(7) of this section.

(b)    Internal illumination, i.e. a light source concealed or contained within the signs and which becomes visible in darkness through a translucent surface on wall signs or projecting signs on buildings which are not set back from the sidewalk, except as stated in Subsection O(7) of this section.

 

 

ARTICLE XII   Design Standards and Improvement Specifications

 

§ 430-63. General improvement standards.

A.   All improvements shall be installed in complete accordance with the standards of this chapter, with other particular specifications approved by the reviewing agency and Municipal Engineer and with all other applicable municipal, county, state and federal regulations.

(1)    Should improvements be required which are not provided for within the particular sections of this chapter, they shall be designed and constructed in accordance with good engineering practice and recognized design standards.

(2)    The developer (or his engineer) shall submit detailed design calculations and construction specifications in each instance.

(3)    Prior to initiation of such specialized design, the particular standards to be utilized shall be submitted for review by the reviewing agency and Municipal Engineer.

B.   The Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation (latest edition), including all addenda, and the Standard Construction Details of the New Jersey Department of Transportation (latest revision), as modified, supplemented, amended or superseded by the requirements of this Article, by the approved final plat, by particular agreement among the reviewing agency, Municipal Council and subdivider or by other applicable municipal, county, state or federal regulations, shall govern the completion of the required improvements. Such Standard Specifications and Standard Construction Details (standards) are made a part of this Article by reference and will not be repeated herein. The requirements of this Article, of an approved final plat or of particular agreements and conditions of approval and of applicable municipal, county, state or federal regulations shall govern and prevail in the case of conflict between them and the Standard Specifications or Standard Construction Details. Should the municipality adopt, subsequent to the effective date of this Article, particular and specific standards construction details for the municipality, they shall govern and prevail over the Standard Construction Details of the New Jersey Department of Transportation previously referred to.

 

 

§ 430-64. General design standards.

A.   All site plan and subdivision plats shall conform to design standards that will encourage desirable development patterns within the municipality.

(1)    Where either or both an Official Map or Master Plan have been adopted, the site plan or subdivision shall conform to the proposals and conditions shown thereon.

(2)    The streets, drainage rights-of-way, school sites, public parks and playgrounds and other municipal facilities shown on an adopted Master Plan or Official Map shall be considered in the review of site plans and subdivision plats.

(3)    Where no Master Plan or Official Map exists, or makes no provisions thereof, streets and drainage rights-of-way shall be shown on the final plat in accordance with N.J.S.A. 40:55D-38 and shall be such as to lend themselves to the harmonious development of the municipality and the enhancement of the public welfare.

B.   Within the criteria established by and subject to the review and approval of the reviewing agency, all design of a site plan or subdivision is the responsibility of the developer, and he shall be responsible for and bear the entire cost of any and all investigations, tests, reports, surveys, samples, calculations, environmental assessments, designs, researches or any other activity necessary to the completion of the design.

(1)    The standards set forth in this Article shall he taken to be the minimum necessary to meet its purposes as set forth elsewhere herein.

(2)    The responsibility of the reviewing agency shall be to see that these minimum standards are followed and, in those cases not covered by these standards, sufficient precautions are taken to assure that the eventual design is conducive to the implementation of the purposes of this Article and the City of Perth Amboy Master Plan.

(3)    The reviewing agency may employ professionals in various disciplines to advise and assist it in its determinations.

(4)    Any decisions of the reviewing agency regarding the suitability or sufficiency of any design proposal, taken upon advice of its professionals and subject to the provisions of this Article, shall be deemed conclusive.

C.   When a developer determines that it will be necessary to utilize design standards in addition to or other than those minimum requirements established herein, he is advised to consult with the Municipal Engineer, prior to beginning his detailed design, for review and approval of his proposed design standards.

(1)    Standards utilized should generally be nationally recognized and in common use in this area.

(2)    Design standards may not be utilized if they do not have the approval of the Municipal Engineer.

(3)    The design standard change shall be approved by the reviewing agency upon a report from the Municipal Engineer.

D.   It is recognized that, in certain instances, preexisting conditions or the uniqueness of a particular proposal may require the waiver of some of the standards presented herein.

(1)    The reviewing agency may consider and, for cause shown, may waive strict conformance with such of these detailed design standards as it sees fit.

(2)    Any developer desiring such action shall present with his application for development a listing of all such waivers desired, together with the reasons therefor.

 

 

§ 430-65. Blocks.

A.   The block length, width and acreage within bounding roads shall be such as to accommodate the size and dimensions of lots required for the zoning district by this chapter and to provide for convenient access, circulation control and safety of vehicles and pedestrians.

B.   Block lengths may vary between four hundred (400) and two thousand (2,000) feet, but blocks along other than local collector streets shall not be less than one thousand (1,000) feet long.

C.   Interior crosswalks with a right-of-way twenty (20) feet wide containing a sidewalk of five (5) feet or greater in width and fenced on both sides may be required for blocks longer than one thousand (1,000) feet, from the ends of the culs-de-sac to adjacent streets and elsewhere as required by the public convenience, including the provision of walks giving access to schools, playgrounds and shopping centers without the necessity of crossing traffic thoroughfares.

D.   For commercial, group housing or industrial use, block size shall be sufficient to meet all area and yard requirements for such use.

 

 

§ 430-66. Clearing and grading.

A.   All grading, excavation or embankment construction shall be in accordance with the approved final plat and shall provide for the disposal of all stormwater runoff and such groundwater seepage as may be encountered. All clearing, excavation and embankment construction shall be in accordance with the applicable requirements of the New Jersey Department of Transportation Standard Specifications. No excavated material may be removed from the site, except in accordance with an approved final plat, without the prior approval of the Municipal Engineer. The stockpile or removal of soil from a site except in relationship to an approved plan shall not be permitted except as provided by other ordinances of the municipality. Where borrow excavation materials from off-site sources are required to complete the necessary grading, such material shall meet the requirements of the Standard Specifications for Borrow Excavation, Zone 3, and shall be subject to the approval of the Municipal Engineer. All trees to be saved must have a snow fence erected at the drip line of the tree.

B.   Material which the Municipal Engineer judges unsuitable for use in roadway embankment may be used for grading outside the roadway right-of-way or in building areas with the permission of the Municipal Engineer and the Construction Official (for building areas). Any unsuitable material which cannot be satisfactorily utilized on the site shall be removed from the site and disposed of at places to be provided by the developer.

C.   To preserve the integrity of pavements, embankments and excavations for streets or roadways shall be provided with slopes no steeper than one (1) foot of vertical rise for every three (3) feet of horizontal distance.

D.   Such slopes shall be suitably planted with perennial grasses or other ground cover plantings in accordance with the plans approved by the reviewing agency.

E.   In areas where excavations or embankments would extend significantly beyond road rights-of-way, thereby causing disruption to the natural environment of the development, the reviewing agency may, upon the application of the developer or upon its own initiative, direct the use of terraces, retaining walls, crib walls or other means of maintaining roadway slopes.

(1)    In any event, the entire roadway right-of-way shall be fully graded, and any retaining walls, crib walls or terraces shall be located outside of the roadway right-of-way, and their maintenance shall be the responsibility of the owner of the property on which they are constructed.

(2)    The developer shall make suitable provisions in the instrument transferring title to any property containing such terraces, retaining walls or crib walls and shall provide a copy thereof to the reviewing agency and the Municipal Clerk.

(3)    All graded areas within or outside of the roadway right-of-way shall be neatly graded, topsoiled, fertilized and seeded to establish a stand of perennial grasses.

F.   The tops of slopes in excavations and the tops of slopes in embankment areas shall not extend beyond the right-of-way line or, where provided on the plan, to the limit of grading as shown on the final plan. Sidewalk and easement areas shall slope at two percent (2%) to the top of the curb elevation, and sidewalk construction shall conform to this slope.

G.   Lot grading. Lots shall be graded to secure proper drainage and to prevent the collection of stormwater. Said grading shall be performed in a manner which will minimize the damage to or destruction of trees growing on the land. Topsoil shall be provided and/or redistributed on the surface as cover and shall be stabilized by seeding or planting. Grading plans shall have been submitted with the preliminary and final plats, and any departure from these plans must be approved in accordance with the requirements of this chapter for the modification of improvements. Grading shall be designed to prevent or minimize drainage to structures or improvements when major storms, exceeding the design basis of the storm drainage system, occur.

(1)    Wherever possible, the land shall be graded so that the stormwater from each lot shall drain directly to the street. If it is impossible to drain directly to the street, it shall be drained to a system of interior yard drainage designed in accordance with the standards for drainage facilities, and suitable drainage easements shall be provided.

(2)    Unless otherwise required by the standard specifications, all tree stumps, masonry and other obstructions shall be removed to a depth of two (2) feet below finished grade.

(3)    The minimum slope for lawns shall be two percent (2%) and, for smooth, hard-finished surfaces, other than roadways, three-fourths of one percent (3/4 of 1%).

(4)    The maximum grade for lawns within five (5) feet of a building shall be five percent (5%) and, for lawns more than five (5) feet from a building, two percent (2%).

(5)    Retaining walls installed in slope control areas shall be constructed of heavy treated timber, reinforced concrete, other reinforced masonry or of other construction acceptable to the Municipal Engineer and adequately designed and detailed on the final plat to carry all earth pressures, including any surcharges. The height of retaining walls shall not exceed one-third (1/3) of the horizontal distance from the foundation wall of any building to the face of the retaining wall. Should the municipality adopt, subsequently to this chapter, standard details for such construction, the same shall govern.

(6)    The developer shall take all necessary precautions to prevent any siltation of streams, sewers or roads during construction. Such provisions may include, but are not limited to, construction and maintenance of siltation basins or holding ponds and diversion berms through the course of construction.

 

 

§ 430-67. Concrete requirements.

A.   All concrete used in any subdivision or site improvement shall be prepared in accordance with the requirements of the standard specifications for the various classes of concrete used, except that the twenty-eight-day compressive strength of the concrete used shall not be less than the following

 

Strength

Type of Concrete

(pounds per square inch)

Class A

5,000

Class B

4,500

Class C

4,000

Class D

3,500

B.   Unless specific written permission is obtained from the Municipal Engineer to the contrary, only concrete obtained from dry-batched redi-mixed trucks shall be allowed.

C.   Concrete shall be cured with a compound in accordance with the following methods or materials:

(1)    Methods of application. The compound shall be applied in a continuous uniform film by means of power-operated pressure spraying or distributing equipment at the rate directed by the Engineer, but not less than one (1) gallon per two hundred (200) square feet of surface. The equipment for applying the compound shall provide for adequate agitation of the compound during application and must be approved by the Engineer before work is started. If the compound becomes too thick for satisfactory application during cold weather, the material may be warmed in a water bath at a temperature not over one hundred degrees Fahrenheit (100° F.). Thinning with solvents will not be permitted. Should the method of applying the compound produce a nonuniform film, its use shall be discontinued, and the curing shall be done by another method approved by the Engineer that will conform to the requirements for curing concrete.

(2)    Materials for curing liquid compound, clear or translucent. Clear or translucent liquid curing compound shall consist of a blend of resins and other suitable materials held in solution in a volatile solvent. It shall not separate on standing, shall be nontoxic and shall become dry to touch within four (4) hours after being applied to the concrete under ordinary conditions. Acceptance for continued use also will be based upon satisfactory field performance.

(3)    Consistency. The consistency of the compound shall be such that it can be applied to the concrete in the amount specified as a fine spray, by means of an atomizing nozzle.

(4)    Character of film. The compound shall adhere to damp, vertical or horizontal concrete surfaces forming a continuous coherent film when applied at the specified rate. When dry, the film shall not be tacky or track off the concrete when walked upon nor impact a slippery condition to the surface.

(5)    Color. The compound shall produce no darkening or changing of the color of the concrete to which it is applied. It shall, however, be of such a nature or so treated that the film will be distinctively visible for at least four (4) hours after application. Any coloring matter added to the compound shall be a fugitive organic dye of a color approved by the Engineer. All traces of this color shall be indistinct thirty (30) days after application.

(6)    Reaction with concrete. The compound shall not react deleteriously with the wet course and shall form a superficial layer over the surface thereof.

(7)    Moisture retention. When tested in accordance with current ASTM Designation C 156, the moisture loss shall be not more than fifty-five thousandths (0.055) gram per square centimeter of the mortar specimen surface, based on the amount of water in the mortar at the time the curing material is applied.

 

 

§ 430-68. Curbs and gutters.

A.   Curbing shall be constructed on both sides of all streets shown on all major subdivisions and shall be required on minor subdivisions in accordance with the standards prescribed for the requirements of sidewalks in the case of minor subdivisions. All parking areas and driveways on site plans shall be curbed. Concrete or wood stops shall not be permitted.

B.   Any existing pavements damaged by curb construction shall be repaired to the standards herein and/or as shown on the final plat.

C.   Where one (1) side of the development boundary is along an exiting street, the curb and improvements shall be constructed only on a development side unless the reviewing agency requires full roadway improvements.

D.   The following type of curb shall be constructed:

(1)    The concrete curb shall be eight (8) inches wide at its base and not less than six (6) inches wide at its top.

(2)    Its height shall not be less than eighteen (18) inches constructed to show a vertical face above the roadway pavement of six (6) inches.

(3)    It shall be constructed by use of suitable lumber or metal forms, true to line and grade, and open joints shall be provided at intervals of ten (10) feet and one-half-inch bituminous expansion joints every twenty (20) feet.

(4)    Curb and/or combination curb and gutter shall be constructed of Class B concrete, air-entrained, in accordance with the requirements of the standard specifications.

(5)    Curbing shall be laid in a workmanlike manner as directed and approved by the Municipal Engineer.

(6)    At places where a concrete curb abuts portland cement concrete pavement, joints in the curb shall be placed to match the paving joints, and intermediate joints shall be placed so as to create equal curb panels not longer than twenty (20) feet.

(7)    The requirements of the standard specifications regarding curing precautions must be strictly observed.

E.   The curb at all driveway openings shall be depressed at the front of the curb to a point two (2) inches above the finished pavement and at the back of the curb three (3) inches above the finished pavement.

F.   The rear top corner of this curb shall have a radius of one-fourth (1/4) inch, and the front top corner shall have a radius of one and one-half (1 1/2) inches.

G.   Curb openings shall be in such width as shall be determined by the Municipal Engineer but in no case less than sixteen (16) feet at the edge of the pavement.

 

 

§ 430-69. Easements.

A.   Drainage easements.

(1)    If the property on which a proposed development is to be located is or is proposed to be traversed by a drainage facility of any kind, including a pipe, channel, stream or swale, the reviewing agency may require that a stormwater and drainage easement or right-of-way along said facility shall be provided by the developer conforming substantially to the lines of such facility. The minimum easement width shall be twenty (20) feet or as outlined in the Residential Site Improvement Standards (RSIS). [Amended 9-21-2005 by Ord. No. 1304-2005]

(2)    If existing land drainage structures, such as french drains, are encountered during the course of construction of any development, such drainage structures shall either be removed entirely or a revised final plat showing the location of such drainage structures and accompanied with detailed cross sections thereof shall be filed with the Municipal Engineer for consideration by the reviewing agency. The reviewing agency, after consulting its Engineer and other appropriate agencies, shall either require a drainage easement, require that the structure be removed in part or in its entirety or recommend such other action to the governing body as it deems appropriate.

(3)    All easements shall be shown on the final plat or site plan with a notation as to the purpose and restrictions of the easement. Easement lines of a final plan shall be shown with accurate dimensions and bearings unless the easement lines are parallel or concentric with lot lines.

(4)    The land which is the subject of an easement or right-of-way shall, in the case of storm drains or constructed channels, be of a suitable width meeting the requirements for design of drainage facilities or be a strip which conforms substantially to the floodplain of any watercourse along both sides of the watercourse to a width of thirty-five (35) feet in each direction from the center line of the watercourse, whichever is the greater, except, however, that if the location of such watercourse is at or near the boundary of the subdivision, the dimensions of the easements and right-of-way shall be modified to retain it within the confines of the development.

(5)    Said easement and right-of-way shall include provisions assuring the following:

(a)    Preservation of the channel of the watercourse.

(b)    Except in the course of an authorized drainage improvement, prohibition of alteration of the contour, topography or composition of the land within the easement and right-of-way.

(c)    Prohibition of construction within the boundaries of the easement and right-of-way which will obstruct or interfere with the natural flow of the watercourse.

(d)   Reservation of a public right-of-entry for the purpose of maintaining the storm drain, drainage channel or the natural flow or drainage through the watercourse, of maintaining any and all structures related to the exercise of the easement and right-of-way and of installing and maintaining a storm or sanitary sewer system or other public utility.

B.   Conservation easements.

(1)    Conservation easements may be required along all drainage and stormwater rights-of-way in the development and may be required also along ponds, marshes, swamps and streams or other watercourses along which drainage rights-of-way are not required. Such easements are intended to help prevent the siltation of streams and other courses and adjacent lands.

(2)    The land subjected to a conservation easement shall be a strip at least twenty-five (25) feet but not more than one hundred (100) feet in width independently located or running adjacent to each side of any required drainage or stormwater right-of-way.

(3)    Such conservation easement shall contain provisions to restrict the removal of trees and ground cover except for the following purposes: removal of dead or diseased trees; thinning of trees and other growth to encourage a more desirable growth; removal of trees to allow for structures designed to impound water; and removal of trees in areas to be flooded for the creation of ponds or lakes.

(4)    The easements shall also prohibit filling or grading of the lands or the disposal of refuse or waste material of any type within the limits of the easement.

(5)    The easement shall be indicated on the plat and shall be marked on the land by iron stakes wherever the lines of such easement change direction or intersect lot lines.

C.   Sight-triangle easements.

(1)    In addition to right-of-way widths required for the full design of all streets and the wider intersections as specified, sight-triangle easements shall be required on all corners at all street intersections.

(2)    Such easements shall include provisions to restrict the planting of trees or other plantings or the location of structures or signs exceeding thirty (30) inches in height that would obstruct the clear sight across the area of the easements and a reservation to the public right-of-entry for the purpose of removing any object, natural or otherwise, that obstructs the clear sight.

(3)    Such easements shall include the area of each street corner that is bounded by the municipality's street right-of-way lines and a straight line connecting points on each right-of-way line from the  intersection of the right-of-way lines with points on the intersecting right-of-way line, which points are the following distances from the intersection of the right-of-way lines or of their prolongations:

(a)    On local streets: fifty (50) feet.

(b)    On collector streets: one hundred (100) feet.

(c)    On arterial streets: two hundred (200) feet.

(4)    Where intersections occur on highways or roadways under the jurisdiction of the State of New Jersey or County of Middlesex, the sight-triangle easements required by the state or the County of Middlesex shall be substituted in lieu of the requirements above.

 

 

§ 430-70. Fire hydrants.

A.   A certificate of occupancy shall not be issued for a new residential structure which is the subject of a major subdivision or site plan unless the distance from the midpoint of the frontage or such premises to a functioning fire hydrant which has been tested and approved, as measured down to the center line of connecting public streets, is six hundred (600) feet or less.

B.   Final subdivision plats shall not be approved by the reviewing agency unless fire hydrants are indicated on the final plat in accordance with the requirements herein contained as to location of and distance between fire hydrants.

C.   Fire hydrants shall be placed at the closed end of the turnaround of a cul-de-sac, and, if the distance between the open end and the closed end is greater than four hundred (400) feet, then fire hydrants shall be placed at both the open end and the closed end of the cul-de-sac. The water main size in a cul-de-sac shall be eight (8) inches.

D.   The installation of fire hydrants, with respect to any subdivision, shall be considered a subdivision improvement and is to be included in the bonding requirements of this Article, and the proper installation of fire hydrants shall be a condition of the issuance of the certificate of occupancy; however, all costs shall be borne by the developer.

E.   All fire hydrants shall be painted in accordance with the standards of the City of Perth Amboy.

 

 

§ 430-71. Guardrails.

A.   Guardrails, pipe railing or other appropriate barricades, as required by the reviewing agency, shall be designed and placed at drainage structures, streams, embankment limits, curries and other required locations.

B.   Guardrails shall be standard steel-beam Type 4 timber with galvanized steel posts in accordance with the standard specification details. Alternate design of guardrails and barricades may be used and shall be submitted for approval as part of the final plat submission. The use of cables, lines or chains shall not be permitted. [Amended 9-21-2005 by Ord. No. 1304-2005]

 

 

§ 430-72. Lighting.

A.   All parking areas for five (5) or more motor vehicles shall be illuminated with approved exterior lighting standards, with a minimum of one-half (1/2) horizontal footcandle average lighting level at the surface of the lot.

(1)    The minimum lighting level at any location within the parking area shall be seventy-five percent (75%) of the average level.

(2)    Freestanding lighting standards or poles shall not exceed the height of adjacent buildings served by the parking lot or a maximum of twenty (20) feet.

(3)    Lighting fixtures shall be directed and/or shielded to prevent stray illumination from impacting on adjacent properties.

B.   All major pedestrian walkways and sidewalks which are not within a street right-of-way or abutting a private internal street serviced by streetlighting and which are used by the public after sunset shall be illuminated with a minimum lighting level of one-half (1/2) horizontal footcandle average at the surface of the walk.

 

 

§ 430-73. Lots.

A.   Unless otherwise provided in this Article, lot area and dimensions shall not be less than the requirements of the respective zoning districts as set forth in this chapter.

(1)    The reviewing agency may require larger lots where additional area will partially or completely eliminate the necessity of changes in grade, which, in the opinion of the Board, would cause unreasonable destruction of the topography or environment or would create drainage or erosion problems.

(2)    The reviewing agency may require larger lots adjacent to collector or arterial streets where, in the opinion of the Board, the larger lots would promote the health, safety and general welfare of the public and the residents of the development.

(3)    The reviewing agency may require larger lots where such lots are plotted on a tract or tracts containing tidal or freshwater wetlands, steep slopes in excess of eight percent (8%), lakes and ponds, stream corridors, floodways and floodplains. Where such conditions exist, the Board may require that each lot contain an area unencumbered by the aforementioned conditions equal to the minimum area requirements of the respective zone district.

B.   Insofar as practical, side lot lines shall be at right angles to straight streets and radial to curved streets.

C.   Lot line on widened street. Where extra width is to be provided for the widening of existing streets, lot measurements shall begin at the proposed right-of-way line, and all setbacks shall be measured from such lines unless otherwise provided by this chapter.

D.   Unsuitable lots. All lots shall be suitable for the purpose for which they are intended to be used. To prevent the use of lots which are not suitable because of adverse topography, flood conditions, shallow depth to water table or similar circumstances:

(1)    The reviewing agency may withhold approval of such lots or require revisions in a layout of the subdivision to provide that the area of the unsuitable lot is included in other lots by increasing the size of the remaining lots.

(2)    Unsuitable lots may be included in an area to be deeded to the municipality or other public or quasipublic body and will be held in its natural state for conservation and/or recreation purposes.

(3)    Some other suitable arrangement could be derived to alleviate the condition.

E.   A minimum of five (5) substantially different front elevations with varied setbacks, as approved by the reviewing agency, shall be used for dwellings in each subdivision.

F.   Only those trees shall be removed as shall be necessary to permit construction of streets, driveways, lawns and dwellings and other authorized structures.

G.   In accordance with the Tax Map specifications of the State of New Jersey, dated May 1975, or latest revision, prepared by the State of New Jersey, Department of the Treasury, as amended, subdivided lots and blocks shall generally bear the original numbers with a decimal and a number added as a subscript. Lot and block numbers shall be assigned by the Municipal Engineer.

H.   House numbers shall be assigned to each lot prior to final plat approval by the reviewing agency.

I.    Lot frontage. Each lot shall front on an approved street accepted or to be accepted by the municipality.

J.    All structures must be accessible by means of an approved driveway. The driveway must be not less than ten (10) feet wide and must have a center-line grade of not less than five-tenths percent (0.5%) and not greater than ten percent (10%). For all non-single-family uses, or residential uses located on collector or arterial roads, driveways must provide turnarounds to eliminate the necessity of any vehicle backing onto any street.

 

 

§ 430-74. Monuments and iron stakes.

   Monuments shall be of a size and shape required by N.J.S.A. 46:23-9.11 and N.J.A.C. 13:40-5.1, and amendments and supplements thereto, and shall be placed in accordance with said statute and Administrative Code.38 In addition to the required monuments after the grading is finished, the developer shall install a solid steel stake one (1) inch in diameter and thirty (30) inches in length on lot corners, lot line angle points or other changes in direction not marked by monuments and at all angle points or discontinuities in easement lines where such easements are not parallel to property lines.

38Editor's Note: See Ch. 4, Administration of Government.

 

 

§ 430-75. Roadway construction.

A.   Roadways and all appurtenances, including subgrade, subbase, base courses and pavements, shall be constructed in accordance with the applicable requirements of the standard specifications as modified herein. All subsurface utilities, including service connections [terminating at least two (2) feet behind the sidewalk] to each lot and all storm drains shall be installed in all roadway areas prior to the construction of final pavement surfaces.

B.   All roadways shall be constructed with either a bituminous concrete flexible pavement structure or a portland cement concrete rigid pavement structure. Only one (1) type of pavement shall be utilized throughout any development.

C.   The pavement structure design for each particular development utilizing either a flexible or rigid pavement type must be approved by the Municipal Engineer.

(1)    The pavement design shall be based upon traffic loading projections and field sampling and laboratory analysis of the subgrade soils to be encountered in roadway areas in the development and shall follow current design recommendations of the Asphalt Institute, the Portland Cement Concrete Association or such other generally recognized standards as may be acceptable to the Municipal Engineer.

(a)    As minimum requirements, rigid portland cement paving shall be expansion-joint-type paving utilizing joints similar to Type A expansion joints, according to the Standard Construction Details of the New Jersey Department of Transportation.

(b)    Such paving shall be reinforced, constructed with Class B air-entrained concrete and shall have a minimum thickness of six and one-half (6 1/2) inches for local, local collector and minor collector streets and eight (8) inches for other classifications.

(2)    Pavement on local, local collector and minor collector streets shall be a six (6)-inch dense aggregate subbase, five (5)-inch compacted thickness of bituminous stabilized base course (Mix I-2), with two (2) inch compacted thickness of bituminous concrete surface course (FABC, Mix I-5). On all other streets not county or state maintained, the pavement should be six a (6)-inch dense aggregate base course, six (6)-inch compacted thickness of bituminous stabilized base course (Mix I-2), with a two (2)-inch compacted thickness of bituminous concrete surface course (Mix I-5). [Amended 9-21-2005 by Ord. No. 1304-2005]

D.   All subgrade shall be prepared in accordance with the applicable requirements of the standard specifications for bituminous concrete and reinforced concrete pavements.

E.   Where granular subbase courses are included in the pavement design section proposed by the developer, they shall be constructed in accordance with the applicable requirements of the standard specifications.

(1)    Bituminous concrete pavements and stabilized bases may be constructed on subgrade without subbase or aggregate base course, provided that the subgrade can be satisfactorily prepared as hereinbefore described.

(2)    Dense graded aggregate base courses shall comply with the requirements of the Standard Specifications for Soil Aggregate, Type 5, Class A, or Type 2, Class A or B.

(3)    Portland cement concrete pavements must be constructed with a minimum of six (6) inches of a granular-type subbase meeting the requirements of the standard specifications.

(4)    Any subbase course or aggregate base course to be utilized with any type of pavement shall have a minimum thickness of four (4) inches.

F.   Bituminous base course for use with bituminous concrete pavements shall consist of plant-mixed bituminous stabilized base course (stone mix or gravel mix) in accordance with the requirements of the standard specifications, except that the requirements for the construction of the base course shall be amended to allow the laying of the base course with a single-lift maximum thickness not exceeding five (5) inches. Prior to placement of any bituminous stabilized base course, the finished surface of any underlying subbase or aggregate base shall receive a prime coat in accordance with the requirements of the standard specifications.

G.   Bituminous pavements shall consist of a bituminous concrete surface course Type FABC-1, in accordance with the requirements of the standard specifications.

(1)    The bituminous pavement wearing surface should generally not be installed until just prior to the time the streets are prepared for final acceptance.

(a)    Prior to the installation of a bituminous concrete surface, the bituminous base course shall be inspected by the Municipal Engineer.

(b)    Any areas of the base course in need of repair shall be removed and replaced at the direction of the Municipal Engineer.

(c)    If the Municipal Engineer directs, a leveling course of FABC (Mix I-5) material shall be placed on any uneven or below-grade base courses prior to the placement of finished pavement.

(2)    No pavement surfaces shall be placed unless permission to do so has been granted by the Municipal Engineer.

H.   Concrete pavements shall be constructed in accordance with the requirements of the standard specifications.

I.    In areas where alternate pavement types are proposed or desired either for decorative purposes, because of physical restrictions or existing conditions or because of limitations or shortages in certain types of construction materials, a detail of the type and/or location of the alternate pavement type proposed shall be submitted for approval with the preliminary and/or final plat.

(1)    The use of alternate pavement types may only be permitted if the applicant submits for review and approval details and specifications concerning the equipment, materials and methods proposed for use and if the Municipal Engineer has inspected the installation of and tested and approved of a suitable sample section of such pavement.

(2)    In the event that the Municipal Engineer does not approve the sample section of pavement, the developer shall remove the same section and replace it with a type of pavement permitted by this chapter or such other alternate as may be approved by the reviewing agency.

 

 

§ 430-76. Sewage disposal.

A.   Prior to the approval of any final plat, the full approval of any sanitary sewage disposal system must have been obtained from the Municipal Engineer.

B.   The public sewage disposal system shall be installed in accordance with the rules and regulations of the New Jersey Department of Environmental Protection and in accordance with other requirements of law and subject to the approval of the Municipal Engineer.

 

 

§ 430-77. Sidewalks and aprons.

A.   Sidewalk construction shall be required on both sides of all streets within a development and entirely around the perimeter of all culs-de-sac. Where the development abuts an existing street, the sidewalk shall be constructed only on that side or as approved by the reviewing agency. Sidewalks shall also be constructed at any other places, such as pedestrian walkways or access points to open space, as shown on or required at the approval of the final plat.

(1)    Installation of sidewalks may be waived by the reviewing agency.

(2)    Nothing contained herein shall affect the right of the municipality to enact ordinances requiring assessments for sidewalks from property owners as authorized under N.J.S.A. 40:65-2 or other statutory rights granted to municipalities.

B.   Sidewalks within street rights-of-way shall generally be located with the sidewalk edge farthest from the roadway placed one (1) foot from the property line. Sidewalks not within street rights-of-way shall be located to provide for the most likely routes of pedestrian travel. In cases where the topography dictates or a proposed development provides for the extension of an existing street or abuts an existing street, where sidewalks have already been installed in a location other than as specified above or where such variations in sidewalk locations are needed to preserve trees or natural features, the municipal agency may approve alternate sidewalk locations in order to provide for preservation of physical features or the continuation of the existing sidewalks.

C.   Sidewalks shall be four (4) feet wide and four (4) inches thick of Class B, air-entrained portland cement concrete. Joints shall be cut in the sidewalk at intervals equal to the width of the sidewalk. Preformed cellular bituminous expansion joint filler shall be placed at joints not more than twenty (20) feet on centers.

D.   Curb ramps for the physically handicapped shall be provided at all curb returns on the side(s) of the street where the sidewalk either exists or is proposed and in all curblines intersected by sidewalk. Details of the proposed ramps shall be shown on the preliminary plans of the proposed development. All ramps shall conform to the American Disabilities Act.

 

 

§ 430-78. Soil erosion and sediment control.

A.   All developments shall protect streams, lakes and ponds from sedimentation and shall control erosion in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey set forth in the Soil Erosion and Sediment Control Act, Chapter 251 of the Laws of 1975, as amended and supplemented.39

B.   Certification of the soil erosion and sediment control plan shall be required from the Freehold Soil Conservation District unless:

(1)    Land disturbance is associated with the construction of a single-family dwelling unit, unless such unit is a part of a subdivision, site plan, zoning variance or building permit application involving two (2) or more such single-family dwelling units.

(2)    Land disturbance is five thousand (5,000) square feet or less of the surface area of land for the accommodation of construction for which the Standard Building Code of the State of New Jersey would require a building permit.

(3)    Land disturbance associated with agricultural use of lands when operated in accordance with a farm conservation on a plan approved by the Freehold Soil Conservation District or where the soil district has determined that such use will not cause excessive erosion and sedimentation.

(4)    Land disturbance associated with gardening primarily for home consumption.

 

 

§ 430-79. Storm drainage facilities.

A.   Storm drains, culverts, catch basins and other drainage structures shall be installed in each subdivision in accordance with the map submitted to the municipal agency.

(1)    All storm drainage facilities shall be constructed in accordance with the applicable requirements of the standard specifications.

(2)    The developer (or his engineer) shall submit complete calculations, specifications, plans and details for all proposed storm drainage facilities.

(3)    Any field samples or laboratory tests required to document the conclusions of such calculations shall be performed at the sole expense of the developer.

(4)    All storm drainage facilities shall be designed in accordance to the Residential Site Improvement Standards and/or the Storm Water Management Regulation in N.J.A.C. 7:8. [Added 9-21-2005 by Ord. No. 1304-2005]

B.   All storm drainage pipes shall be slip-joint O-ring-type reinforced concrete or, subject to the restrictions herein, fully coated, invert paved, corrugated metal steel culvert pipe meeting the requirements of the standard specifications.

(1)    All pipes shall have a wall thickness sufficient to meet the proposed conditions of service; however, no wall thickness less than Class 3, Wall B, for concrete pipe or No. 14 gauge for corrugated metal steel pipe shall be allowed.

(2)    All pipes shall comply with ASTM C-76.

(3)    Generally, concrete pipe will be used except in areas of steep grades or other restrictive physical conditions where corrugated metal or other types of pipe may be permitted.

(a)    No concrete pipe may be laid on grades exceeding eight percent (8%).

(b)    Concrete pipe shall be jointed using an O-ring-type joint in accordance with the specifications.

(4)    All corrugated metal pipe shall be fully bituminous coated with a paved invert and of a gauge meeting the requirements of the standards specifications sufficient for the proposed service.

(a)    Where conditions permit, corrugated aluminum storm drains may be substituted for corrugated metal steel storm drains where the same are otherwise permitted on the basis of an equivalent three-edge bearing or crushed strength.

(b)    Substitution on an equivalent gauge basis will not be allowed.

(5)    All storm drains shall be a tangent between inlets, manholes or other structures, except that the use of fittings or factory curved pipes may be allowed by the Municipal Engineer when necessary to accommodate existing geometry or utilities.

(6)    Prior to laying any storm drain, the bottom of all trenches shall be inspected by the Municipal Engineer.

(a)    Should the Engineer determine that the trench is unsuitable for the placement of the pipe, the developer shall take all necessary action to remove or eliminate any unsuitable condition.

(b)    These shall include, but are not limited to, excavation and backfilling with suitable material, placement of bedding material, construction of pipe cradles or such other action necessary to remove all unsuitable conditions.

(c)    Proposed storm drainage installations which do not conform to the above must be fully detailed and approved as part of the final plat.

C.   Inlets and manholes shall be constructed where required in accordance with the requirements of the standard specifications. All inlets and manholes shall be precast concrete only.

(1)    All street inlets shall be City of Perth Amboy Type C inlet. [Amended 9-21-2005 by Ord. No. 1304-2005]

(2)    All yard inlets shall be City of Perth Amboy Type C. [Amended 9-21-2005 by Ord. No. 1304-2005]

(3)    Drains shall be installed where the character and composition of the earth in the roadbed itself or adjacent terrain renders such installation necessary. These combination drains shall be constructed as follows: The bottom one-third (1/3) of the pipe shall be caulked with jute or equivalent material, and the pipe shall be laid in a stone bed for a depth equal to one-half (1/2) the diameter of the pipe.

(4)    In continuous conduit runs, spacing between structures (inlets or manholes) shall not exceed six hundred (600) feet or where the contributory runoff to a structure is less than four (4) cubic feet per second.

(5)    Structures (inlets or manholes) shall be located so as not to interfere with primary routes of pedestrian travel or any proposed handicapped ramp or similar facility.

(6)    Generally, sufficient inlets will be placed to eliminate any flow across any intersections.

(7)    All grates shall be bicycle-safe type.

D.   Open channels shall be designed to contain the required flow and shall have a design velocity low enough in the judgment of the Municipal Engineer so as not to cause erosion.

(1)    The minimum easement for open channel sections shall be the maximum design top width of the channel section segment plus twenty-five (25) feet rounded to the next highest five-foot increment.

(a)    The excess easement area shall be provided to offset to that side of the channel most convenient for use by maintenance crews.

(b)    The minimum distance between the channel top edge and any easement line shall be five (5) feet.

(2)    Changes of direction in open channels must have a maximum radius of eight hundred (800) feet or be adequately paved or rip rapped.

E.   Culverts or drains shall be constructed as specified herein.

(1)    The location, length, depth, grade, type and size of pipe shall be designated on the plans.

(2)    Trenches shall be bridged at the street crossings, intersecting streets and public and private entrances in such a manner that traffic will not be interrupted.

(3)    Easement of a width sufficient to allow proper maintenance, but in no case less than fifteen (15) feet, shall be provided for the outletting of all drains, pipelines, etc., to streams, existing storm drains or other legal drainage courses. These easements shall be granted to the municipality in writing, the form of which is to be approved by the Municipal Attorney and the metes and bounds description to be approved by the Municipal Engineer.

(4)    All non-pipe culverts shall be designed for AASHO H20-44 loading.

F.   Headwalls shall be provided at all terminations.

G.   Retaining walls installed in slope control areas shall be adequately designed to carry all earth pressures, including any surcharges. The heights of the retaining walls should not exceed one-half (1/2) of the horizontal distance from the foundation wall of any building to the face of the retaining wall.

H.   Guardrails and/or railings shall be placed at all drainage structures where the interests of pedestrian or vehicular safety would dictate.

(1)    The reviewing agency may require that any open channel, other than naturally occurring streams, shall be fenced with chain link fencing forty-eight (48) inches high if the banks of the channel are steeper than one (1) foot vertically for every four (4) feet horizontally and either the total depth of the channel exceeds four (4) feet or the channel would be expected to have a depth of flow greater than two (2) feet more often than once every ten (10) years.

(2)    For maintenance purposes, gates may be required by the municipal agency at approximately two-hundred-foot intervals.

I.    Stormwater runoff restrictions in all proposed subdivisions and residential developments and all business, commercial and industrial developments comprising a design limit for stormwater runoff shall be zero-percent increase of the runoff generated by the site in its natural conditions for the two-, ten-, twenty-five and one-hundred-year storm unless downstream facilities have been determined to be fully adequate. Runoff calculations shall be based on the Rational Method or the Soil Conservation Service Procedures TR-55.

J.    Special drainage provisions.

(1)    The existing system of natural drainage within each development shall be reserved to the maximum extent possible. To this end, the reviewing agency may require the preservation of natural drainage swales, recharge areas, wet weather ponds and similar features and may require suitable drainage and conservation easements and possible increases in lot size to allow usable lots with the preservation of such features.

(2)    Subject to review and approval by the reviewing agency, the design of the development may be modified to take advantage of the natural drainage features of the land.

 

 

§ 430-80. Storm drainage calculation criteria.

A.   The minimum design storm frequencies for drainage calculations shall be two (2), ten (10), twenty-five (25) and one hundred (100) years. Detention and retention basin calculations shall include an analysis to show that a one-hundred-year design storm will not overtop the basin wall.

B.   Velocity restrictions. In general, velocities in closed conduits at design flow should be at least two and five-tenths (2.5) feet per second, but not more than the velocity which will cause erosion damage to the conduit, and velocities in open channels at design flow shall not be less than one and five-tenths (1.5) feet per second and not greater than that velocity which will begin to cause erosion or scouring of the channel.

(1)    For unlined earth channels, the maximum velocity allowed will be two (2) feet per second.

(2)    At transitions between closed conduits and open channels or different types of open channels, suitable provisions must be made to accommodate the velocity transitions.

C.   All encroachments of natural waterways must be referred to the New Jersey Department of Environmental Protection, Division of Water Resources, for approval in accordance with statute.

D.   Storm drainage facilities.

(1)    In all proposed subdivisions and residential developments and all business, commercial and industrial developments, the peak runoff after development shall be no greater than the peak runoff prior to development for the storm frequency outlined.

(2)    A proposed development shall be considered exempt from Subsection D if all the following requirements are applicable to the development:

(a)    The development is a residential development comprising a site or tract area of less than ten (10) acres or the development is a business, commercial or individual development comprising a site or tract area of less than five (5) acres.

(b)    The existing downstream stormwater facilities, for a distance up to one thousand (1,000) feet, from the proposed development can be demonstrated to possess adequate capacity to convey the additional runoff from the development.

(c)    The downstream analysis shall be based upon full development within the drainage plan.

E.   Runoff calculation criteria.

(1)    Peak runoff after development shall be no greater than the peak runoff prior to development computed for the two-, ten-, twenty-five- and one-hundred-year design storm.

(2)    "Design storm" is defined as a twenty-four-hour storm using Type III rainfall distribution recommended by the United States Soil Conservation Service when using United States Soil Conservation Service procedures as outlined in TR-55.

(3)    For the purposes of computing existing runoff, sites shall be assumed to be in good condition if the lands are pastures, lawns or parks, with good cover (if the lands are woods), or with conservation treatment (if the land is cultivated), regardless of actual conditions existing at the time of computation.

(4)    Time of concentration and travel time computations, for the purpose of computing site runoff, shall be estimated utilizing the methodologies as outlined in the Soil Conservation Service, TR-55.

(5)    Water quality control.

(a)    The one-year, twenty-four-hour, Type III storm or a storm of one and one-fourth (11/4) inches of rainfall in two (2) hours shall be retained and released to allow ninety-percent volumetric release in eighteen (18) hours (residential) and thirty-six (36) hours (other).

(b)    Minimum orifice diameter shall be three (3) inches.

(c)    Infiltration measures may be used to accomplish water quality requirements, but the lowest point in the basin must be a minimum of four (4) feet above the seasonal high groundwater for residential developments. For other development, infiltration measures may be used on a case-by-case basis only, to avoid pollution of groundwater. Complete infiltration must occur within seventy-two (72) hours.

(d)   In retention ponds, the water quality requirements shall be satisfied if the volume of the permanent pond is at least three (3) times the volume of runoff produced by the water quality design storm.

F.   Design criteria for detention facilities.

(1)    Bottoms.

(a)    To promote complete emptying and prevent standing water or soggy surfaces, vegetated bottoms shall not be permitted.

(b)    Four-foot wide, V-shaped concrete low flow channels shall be constructed with a minimum slope of one-half of one percent (1/2 of 1%) from all influent pipes to the discharge structure.

(c)    The lowest point in the pond bottom shall be at least four (4) feet above the seasonally high groundwater level or bedrock unless adequate subsurface drains are provided.

(d)   Subsurface drains connected to low flow channels, principal outlet structures or other downstream discharge points are encouraged to promote quick and thorough drying of the facility bottom.

(2)    Embankments and side slopes.

(a)    For safe movement of personnel and safe operation of equipment, side slopes greater than five (5) feet in height shall be no steeper than four (4) horizontal to one (1) vertical. Side slopes less than five (5) feet high should not exceed three (3) horizontal to one (1) vertical.

(b)    The minimum top width of the embankment shall be ten (10) feet.

(c)    The minimum elevation to the top of the settled embankment shall be one (1) foot above the water surface in the detention basin with the emergency spillway at the maximum design flow or a minimum of two (2) feet above the crest of the emergency spillway, whichever is higher.

(3)    Outlet structures.

(a)    Multiple level outlets or other fully automatic outlets shall be designed so that discharge rates from the development for all design storms will not be increased over existing conditions.

(b)    The discharged water shall not cause erosion or other damage.

(c)    Outlets shall be designed to function without manual, electric or mechanical controls.

(d)   Outlet orifice and weir plates should be constructed from aluminum or other lightweight, noncorrodible materials. The plates should be fastened to the structure with noncorrodible, removable fasteners. A gasket of neoprene or similar material should be placed between the plate and the structure wall. The opening in the structure wall, over which the plate is bolted, should have at least twice the area of the outlet orifice or weir.

(e)    To facilitate access and movement by maintenance personnel, principal outlet structures should have a minimum horizontal interior dimension of four (4) feet.

(f)    To facilitate cleaning, trash racks should be comprised primarily of sloping bars aligned longitudinally (in the direction of flow). Perpendicular bars, aligned transverse to the direction of flow, should be added for strength and rigidity. In general, longitudinal bars shall be spaced a distance equal to one-half (1/2) the diameter of the outlet orifice or one-half (1/2) the width or height (whichever is less) of the outlet weir. Minimum and maximum spacings of two (2) inches and six (6) inches on center, respectively, are recommended. Transverse bars should be spaced as necessary for strength and rigidity.

(g)    Trash racks should be hinged or attached with noncorrodible, removable fasteners to allow access to the outlet orifice or weir by maintenance personnel.

G.   Storm sewer design and calculation criteria.

(1)    Storm sewers shall be designed utilizing the Rational Method. The minimum design storm frequency shall be twenty-five (25) years.

(2)    Velocity restrictions. Velocities in closed conduits, at design flow, should be at least two and five-tenths (2.5) feet per second, but not more than the velocity which will cause erosion damage to the conduit. Velocities in open channels, at design flow, shall not be less than one and five-tenths (1.5) feet per second and not greater than two (2) feet per second for unlined earth channels.

(3)    At transitions between closed conduits and open channels or different types of open channels, suitable provisions must be made to accommodate the velocity transitions.

 

 

§ 430-81. Street design and construction.

A.   All major and minor arterial, collector, local collector, local and marginal access streets shall be designed in accordance with the proposals contained in the Master Plan of the municipality and in accordance with this subsection.

(1)    Upon receipt by the reviewing agency of any subdivisions or site plans calling for the installation of new streets or the extension of old streets, the plats shall be referred to the Municipal Engineer, Police Department, fire Department and the first aid squad for review.

(a)    They shall make recommendations as to the acceptable minimum widths of each street and shall base the recommendations upon such factors as the location, proposed use and intensity of traffic, with an emphasis upon safety considerations of a fire, first aid and police nature.

(b)    These recommendations shall be submitted to the Municipal Engineer to be considered in conjunction with such studies and statistics and other data which the Engineer shall have assembled as a basis for determining minimum street widths within the municipality.

(2)    The enumerated standards are to be construed as minimum standards and may be increased where, because of high traffic volumes, steep grades or other such reasons, the municipal agency determines that such action is necessary.

(3)    In residential subdivisions, the minimum street width required by the following Schedule of Street Design Standards shall only be the minimum of thirty (30) feet for certain minor streets designed solely to allow access by residents to their homes. Under no circumstances is the minimum width of any street in the City of Perth Amboy to be less than thirty (30) feet.

Schedule of Street Design Standards

 

Street Classification

 

 

Local

Collector Streets

Arterial Highways

Normal traffic capacity (ADT)

400

3,000

10,000

Minimum right-of-way width (feet

50

60

100

Minimum paving width (feet)

 

 

 

    Two-way

30

40

60

Shoulder (or parking area) width1

2 at 8 feet

Sidewalks

 

 

 

    Width (feet)

4

4

4

    Setback, from face of curb (feet)

4

4

4

Design speed (mph)3

40

50

60

Minimum radius of horizontal curvature at center line (feet)

159

500

2,000

Minimum tangent between reverse curbs (feet)

100

200

6004

Maximum longitudinal grade (percent)

8

8

4

Minimum longitudinal grade (percent)

 

 

 

    Desirable

0.75

0.75

0.75

    Absolute [Amended 9-21-2005 by Ord. No. 1304-2005]

0.50

0.50

0.50

 

Street Classification

 

 

Local

Collector Streets

Arterial Highways

Maximum longitudinal grade for 200 feet from each side of an intersection (percent)

3.5

3.00

-

Minimum curb return radius at intersection (feet)2

15

25

45

Vertical curve5

    Crest: minimum length equals 100 feet-based on stopping sight distance at design speed

15

25

45

    Sag: minimum length equals 100 feet-based on headlight illumination and stopping sight distance at design speed

 

 

 

Maximum super-elevation not required (percent)

-