Borough of Highland Park, NJ Part 3 Performance Standards

Article XII General Standards

[Amended by Ord. No. 1231; Ord. No. 1269; Ord. No. 1277; Ord. No. 1292; Ord. No. 1347; Ord. No. 1441; Ord. No. 1509; Ord. No. 1569; Ord. No. 1633]

§ 230-80 General requirements.

A. All construction shall be performed in accordance with the details and specifications of the municipality and the Standard Specifications for Road and Bridge Construction of the New Jersey Department of Transportation.

B. 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.

C. Construction shall be performed under the supervision and inspection of the Municipal Engineer in accordance with the regulations defined elsewhere herein.

D. Minor modifications or changes in the approved plans and specifications 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.

E. The 1985 Design Standards and Details prepared by CME Associates are adopted in whole by reference hereto within the performance standards of this chapter.

F. The "Ordinance Establishing Requirements, Standards and Procedures for Construction of and Payment for Off-Site Improvements" is adopted in whole by reference hereto within the performance standards of this chapter.

G. The "Ordinance for the Protection of Trees" is adopted in whole by reference hereto within the performance standards of this chapter.

H. The New Jersey Residential Site Improvement Standards are applicable in the Borough except as may be provided elsewhere in this chapter.[1]

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 230-81 Environmental impact statement.

A. Purpose. The purpose of this section 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 proposed project. The environmental impact statement shall complement, rather than duplicate, the site plan and building plan and shall include a survey and description of the environmental features of the property.

B. Applicability. All applications for subdivision, site plan, use variance, or conditional use for any application involving one acre (43,560 square feet) or more of land shall be required to include an environmental impact statement as part of the application submission documentation.

C. The preliminary plat for any development of one 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 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 Natural Resources Conservation 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 build-out completion.

D. Information required.

(1) 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 feet, streams and water bodies, wetlands, slopes greater than 10%, highly acid or erodible soils, mature stands of trees, aquifer recharge areas, aquifer discharge areas and unique natural features and habitats.

(2) Specific requirements.

(a) 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:

[1] Master Plan, especially the land use and open space elements.

[2] The Middlesex County Master Plan.

[3] Other pertinent planning documents.

(b) Site description and inventory.

[1] 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 Survey Tables for Engineering Index Properties, Soil and Water Features, and, where applicable, Sanitary Facilities.

[2] Topography. Describe the topographic conditions of the site.

[3] 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 feet of the surface) as well as major rock outcroppings.

[4] Vegetation. Map and describe the diversity and frequency of all major species.

[5] Wildlife. Describe the diversity and extent of wildlife habitats. Identify any unique habitats.

[6] 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 watercourse or body, an analysis shall be conducted which will investigate flow, depth, capacity and water quality of the receiving waters.

[7] 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 500 feet of the site as to depth, capacity and water quality.

[8] 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.

[9] 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.

(c) Environmental impact.

[1] 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.

[2] 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., New Jersey Safe Drinking Water Act, and BH Chapter 4, Individual and Semipublic Water Supply Code.

[3] Discuss the effect of the proposed activity on groundwater 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 25:3B-3, Nuisances; N.J.A.C. 7:14, Water Pollution Control Act; N.J.A.C. 7:14A-1, New Jersey Pollution Discharge Elimination System; BH Chapter 2, Section 2-11c., Public Health Nuisance Code; and BH Chapter 12, Water Supply Protection.

[4] Describe any impact on stream corridors, wetlands, erodible soils, vegetation, wildlife habitats, aquifer recharge areas and historically or archeologically significant areas.

[5] Describe any effect, including cumulative effects, of the proposed activity on air quality surrounding the project. Demonstrate compliance with relevant state and local regulations and standards for visible and invisible pollutants in the air as set forth in N.J.A.C. Chapter 27, Air Pollution Control; BH Chapter 2, Section 2-11d, Public Health Nuisance Code; and BH Chapter 16, Air Pollution Control.

[6] Demonstrate that there will be no significant increase in sound levels which will adversely impact public health and welfare nor 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.

[7] Describe any hazardous substances to be transported to or from or to be stored at the site and solid waste which will 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, Environmental Cleanup and Responsibility Act; N.J.A.C. 7:19, Discharges of Petroleum and Other Hazardous Substances; N.J.A.C. 7:30, Pesticide Control; and BH Chapter 17, Hazardous Substance Control.

[8] Describe the environmental impact of traffic generation.

[9] Describe any adverse environmental effect that may occur during the construction phase of the project.

[10] List all publications, file reports, manuscripts or other written sources of information related to the project, the project site and the Borough which were consulted and employed in the compilation of the environmental impact statement.

[11] Demonstrate that there will be no adverse impact to environmentally sensitive areas from the proposed development.

[12] Demonstrate that there will be no adverse impact to traffic safety from the proposed development.

(d) 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:

[1] Site design techniques sensitive to the natural environment, which should include innovative landscapes, building and circulation design and buffers.

[2] Drainage plans which would limit off-site runoff.

[3] Sewage disposal techniques.

[4] Water supply and water conservation proposals.

[5] Energy conservation measures.

[6] Pollution control measures that favorably affect air quality and water quality and reduce noise.

[7] Open space reserves.

[8] Procedures for chemical spill prevention, control and cleanup.

(e) The name and address of the person, persons, or entity who prepared the environmental impact statement and their curriculum vitae.

(f) 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.

(g) 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.

§ 230-82 (Reserved) [1]

[1] Editor's Note: Former § 230-82, Height, was repealed 8-2-2022 by Ord. No. 22-2055. See now § 230-149.1B, Height exemptions.

§ 230-83 (Reserved) [1]

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 they 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.

A. Abandonment. A nonconforming use shall be considered abandoned if it is terminated by the owner; if a nonconforming use involving a structure is discontinued; or if a nonconforming use of land without structure(s) ceases. The subsequent use of the abandoned building, structure and/or land shall be in conformity with this chapter.

B. 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 a conversion shall be required, except where the Construction Official and Zoning Officer certify that the existing site development meets the requirements of this chapter for the new use.

C. Maintenance may be performed on a nonconforming use, structure or lot, provided 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.

D. Nonconforming lots and structures. For any existing lot on which a building or structure is located and which lot does not meet the minimum lot size or structure which violates any yard requirements, there may be additions to the principal building and/or construction of an accessory building without an appeal for variance relief, provided that:

(1) The existing use on the lot is conforming to the permitted use stipulated in this chapter for the lot in question;

(2) The total permitted building coverage is not exceeded; and

(3) The accessory building and/or addition do not violate any other requirements of this chapter, such as but not limited to height, setback and parking requirements.

E. 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. If in his opinion the value of repairing the condition is greater than 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.

(2) Where the value of repairing the condition is determined to be less than or equal to 50% of the value of replacing the entire structure, the nonconforming structure or use may be rebuilt and used for the same purpose as before, provided 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.

F. Sale. Any nonconforming use, structure or lot may be sold and continue to function in the same nonconforming manner.

[1] Editor's Note: Former § 230-83, Nonconforming uses, structures or lots, was repealed 8-2-2022 by Ord. No. 22-2055. See now § 230-149.3.

§ 230-84 Off-site and off-tract improvements.

A. 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 guarantee 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 therefor.

B. Where such improvements are required, the approving authority shall refer the requirements to the governing body for concurrence and for approval of a performance guarantee, if any. If the governing body does not take action on the improvements and the applicable performance guarantees within the time the approving authority must act, the approving authority may grant conditional approval of the plan.

C. 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.

D. The financing and construction of the improvements shall be arranged in one of the following manners:

(1) 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.

(2) 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 "Guarantees and Inspections" (see Article XI).

§ 230-85 Performance standards, general.

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

B. 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.

C. 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.

D. 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.

E. Vibrations.

(1) Standard. Ground-transmitted vibrations shall be measured with a seismograph or complement of instruments capable of recording vibration displacement and frequency in the three mutually perpendicular directions simultaneously.

(2) Vibration level restrictions. Vibration levels shall not exceed a particular velocity of 0.05 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 0.02 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.

F. 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.

G. Odorous matter. No odor shall be emitted that is detectable by the human olfactory sense at or beyond an adjacent lot line.

H. Noise emissions. Noise level restrictions. Noise shall not exceed the maximum sound levels specified in the following table.

	Noise Level Restrictions
	Performance Category	Maximum Level Permitted (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 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.

I. Storage and waste disposal.

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) 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.

§ 230-86 Principal use.

No lot shall have erected upon it more than one principal permitted use. No more than one principal building shall be permitted on one 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 building on a lot in accordance with the standards of the zoning district in which it is located.

§ 230-87 Inspection, materials, testing and costs.

A. All improvements, except electric, gas, private utility lines and telephone lines, shall be subject to the inspection and approval of the Municipal Engineer, and the Utilities Department shall do its own inspection.

B. The office of the Municipal Engineer shall be notified in writing at least 72 hours prior to commencement of any phase of the project.

C. No underground installation shall be covered until inspected and approved by the Municipal Engineer.

D. Where, in the opinion of the Municipal Engineer, materials shall be tested for conformance with specifications, the property owner or developer (in the case of a subdivision) shall be responsible for all costs charged by the testing agency selected by the Municipal Engineer.

E. After the completion of the foundation walls of a building or structure, the owner or his designated representative shall cause a survey to be made by a licensed land surveyor, such survey to show the true location of such foundation walls with respect to the lot lines of the lot being developed, the finished floor elevation and lot elevations. A copy of such survey shall be filed with the Construction Official for his review before any further construction is commenced.

F. Inspections shall be made by the Municipal Engineer at the following times as a minimum. The developer shall be responsible for notifying in writing the Municipal Engineer's office at least 24 hours in advance of each of the following stages or phases of each stage:

(1) Site clearing.

(2) Storm drains and appurtenances.

(a) Prior to laying pipe.

(b) Prior to installation of manholes and inlets.

(c) Prior to backfilling.

(3) Grading.

(a) Prior to rough grading.

(b) After rough grading.

(c) After fine grading.

(4) Curb and sidewalk.

(a) After forming subgrade and prior to setting forms.

(b) After setting forms and prior to pouring concrete.

(c) While pouring concrete (inspector shall be present).

(5) Areas to be paved.

(a) After forming subgrade and prior to laying base or subbase.

(b) After laying base or subbase and prior to laying top course.

(c) Prior to laying top course (inspector shall be present).

(6) Landscaping.

(a) Prior to installation of trees and shrubs.

(b) Prior to sowing grass seed.

G. Changes in plans; final approval.

(1) No minor changes can be made to the approved site plan unless granted in writing by the Municipal Engineer. Any major changes may necessitate another review by the Planning Board.

(2) Final approval by the Municipal Engineer will not be given until the project is 100% completed, inspected and certified in writing by the Municipal Engineer that the project has been built in accordance with the plans and specifications of the approved project.

§ 230-88 As-built plans.

A. Prior to the acceptance by the municipality of any improvement in a subdivision and the release of a performance guarantee covering same, there shall be filed with the Municipal Engineer one cloth-backed plus one transparency on cloth plus five prints of as-built plans and profiles drawn to a suitable scale. Such drawings shall show how the improvements were actually constructed and installed and be certified as to accuracy.

B. Whenever in the opinion of the Municipal Engineer as-built plans are required for improvements other than subdivisions, this shall be made a condition of approval and included in the resolution. The specific requirements of the as-built plans shall be provided in writing by the Municipal Engineer.

§ 230-89 Merger.

Where title to an undersized lot is held by an individual, partnership or corporation which also holds title to an adjacent lot, the undersized lot shall be deemed to be merged with the said adjacent lot for the purposes of applying the regulation of this chapter, and neither lot may be conveyed to another person without first obtaining a subdivision.

§ 230-90 Display of certain maps, plans and documents.

A. Subsequent to approval by the Borough of an application for development, all owners, developers and subdividers having an interest in a major subdivision or major residential site plan in the Borough of Highland Park shall display within each of their sales offices and the sales office of any broker or agent engaged by them for the purpose of selling residential dwellings the following:

(1) A project location and vicinity map in a place that may be observed and reviewed by any person(s) calling at the office.

(2) A copy, on standard legal-size paper, in type or clear print, of any proposed protective or restrictive covenants and easements to be applied to all or any portion of the lands within the subdivision.

(3) A copy of any revisions to the site plan or subdivision approved by the Planning Board or Zoning Board of Adjustment and all approved revisions or field changes to construction plans. Any such revised item or plan sheet shall have a notation marked on the original document that it is "REVISED" as of (date).

(4) A public offering statement for the entire development filed with the New Jersey Department of Community Affairs if the tract of land is to be developed as a planned unit residential development, as that term is defined in the Municipal Land Use Act.

(5) A copy of the environmental impact statement (EIS) as described above, if required for the project.

(6) A statement advising with respect to each dwelling whether the homeowners' warranty program is applicable.

B. The project location and vicinity map shall be based on the Official Tax Map information or some other similarly accurate base, at the scale of not less than 100 feet to an inch or greater throughout the map, which said scale shall be clearly indicated thereon and shall be consistent in all directions shown thereon. The map shall show the owner's approved subdivision and all lands within a radius of 2,000 feet of the subdivision, within or without the Borough of Highland Park.

C. The map shall clearly show and include for the development and for the area within 1,000 feet surrounding the development in all directions the following information:

(1) The location of proposed streets and the layout of proposed lots within the development.

(2) The location of all state, county and municipal roads in existence on the date of the final approval of the development.

(3) The location of all proposed roads as shown on the Official Master Plan adopted by the appropriate agency of the state, county or municipality.

(4) The location of all existing structures and wooded areas within the development.

(5) A designation of the zoning district of property to be developed and the zoning districts of all contiguous properties within the distance of 200 feet.

(6) The location of all railroads and rights-of-way for public utilities.

(7) The location of all public or private utility plants; the location of all known current and former sanitary landfill and hazardous waste site operations or any subsurface structure used to affect or control the terrain or topography, identifying the nature, size, composition and location of said structure; the location of all Superfund sites as listed within the Middlesex County Solid Waste Management Program.

(8) The location of all schools, parks, playgrounds, public buildings and hospitals.

(9) The location of all streams, ponds and watercourses and a reference as to whether flood hazard insurance is required with respect to any portion of the site.

(10) The location of all drainage ditches.

(11) The size of each parcel in the subdivision to be offered for sale, whether improved or unimproved.

D. Each purchaser of property subject to this section shall be provided a copy of this section and all information called for thereunder; a document signed by such purchaser indicating receipt of the aforementioned material shall be retained by the seller as part of its closing file.

Article XIII Specific Standards

[Amended by Ord. No. 1231; Ord. No. 1269; Ord. No. 1277; Ord. No. 1292; Ord. No. 1347; Ord. No. 1441; Ord. No. 1509; Ord. No. 1569; Ord. No. 1633]

§ 230-91 (Reserved) [1]

[1] Editor's Note: Former § 230-91, Accessory buildings, was repealed 8-2-2022 by Ord. No. 22-2055. See now § 230-149.5.

§ 230-92 Adult bookstores.

For any application involving an adult bookstore, the approving authority shall review compliance with the following standards:

A. Adequate off-street parking shall be provided at a rate consistent with established standards for retail business use in this chapter.

B. No adult bookstore shall be located within 1,000 feet of any other adult bookstore or within 1,000 feet of a community facility, elementary, middle or high school, church, synagogue, playground or public park.

C. The approving authority shall determine that the site plan is compatible to the adjacent use. Buffers shall be required and shall be constructed in conformance with the provisions of this chapter.

D. The approving authority shall determine whether the relationship of the proposed use to streets and adjacent properties and other physical features might act as a deterrent to the general welfare.

§ 230-93 Automobile dealers, new and used cars and trucks.

New and used automobile dealers 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 plot plans shall be filed with the approving authority, showing overall dimensions, topographic conditions, the location and intended use of existing and proposed buildings, the relationship of the proposed use to streets and adjacent properties and other physical features which might act as a deterrent to the general welfare.

B. Before issuing a permit, the approving authority shall determine that the following standards are met:

(1) The minimum lot area shall be 40,000 square feet and the minimum frontage shall be 200 feet.

(2) No automobile or truck shall be displayed closer than 10 feet to the front property line. This setback area shall be landscaped and shall not be used for off-street parking or any other purpose. This landscaped area shall be six feet from the edge of the sidewalk and contain either a brick wall two feet in height and capped with a stone or cast stone slab or a dense evergreen hedge of the same height. The landscaped area between the edge of the property line and the brick wall or hedge shall be planted with street trees no more than 30 feet on center.

(3) All such uses shall be subject to site plan review and shall address the effective handling of customer parking, on-site traffic circulation, and perimeter buffering in conformance with this chapter. Customer parking shall be provided on site at the rate of one space for every 10 spaces available for vehicle display.

(4) Automobile prices or year of manufacture shall not be boldly displayed on the automobile in a manner which would be legible from the roadway. The purpose of this regulation is to avoid undue distractions to the traveling public.

(5) Banners, flags, movable signs, flashing lights, pennants, rotating devices or similar devices shall not be permitted. Signs shall conform to the requirements of the municipal sign ordinance.

(6) No facilities for automobile body repair or mechanical repair shall be permitted to be located on the premises used for sales and showrooms of new and used automobiles except those facilities necessary for the preparation or maintenance of automobiles sold upon said premises and only where said facilities are clearly incidental and subordinate to the principal use.

§ 230-94 Bikeways.

A. 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.

B. Bikeways shall generally not exceed a grade of 3%, except for short distances, and shall be a minimum of eight feet wide. Bikeways shall have a minimum 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.

§ 230-95 Buffers.

A. 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.

B. When required. Buffer areas shall be required along all lot lines and street lines which separate a nonresidential use from either an existing residential use or residential 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.

C. Where required. Buffer areas shall be measured from property lines. Buffers shall be at least 10 feet in width, measured from the property line except where otherwise stated.

D. Parking areas, garbage collection and utility areas, and loading areas shall be screened around their perimeter by a buffer a minimum of five feet wide.

E. 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:

(1) 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.

(2) Plant materials used in screen plantings shall be at least four 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.

(3) The screen planting shall be so placed that at maturity it will not extend over the property line.

(4) Trees shall be at least three inches in 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.

(5) Any plant material which does not live shall be replaced within one year or one growing season.

(6) Screen plantings and landscaping shall be broken at points of vehicular and pedestrian ingress and egress to assure a clean sight triangle at all street and driveway intersections.

(7) No buildings, structures (with the exception of walls or fences), storage of materials, or parking shall be permitted within the buffer area;

§ 230-96 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. A set of plans, specifications and plot plans shall be filed with the approving authority, showing overall dimensions, topographic conditions, the location and intended use of existing and proposed buildings, 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 authority shall determine that the following standards are met:

(1) The minimum lot area shall be 40,000 square feet and the minimum frontage shall be 200 feet.

(2) Off-street parking shall be provided at the ratio of one off-street parking space for each 200 square feet of gross floor area, or one space for each three 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 24 feet wide at any point. Driveways must be at least 10 feet from any side lot line and 50 feet from the intersection of the street lines. No more than two driveways shall be permitted for each 250 feet of street frontage.

(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 light 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 affect the property of adjacent properties. 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.

§ 230-97 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.

§ 230-98 Day-care facilities, child-care centers, nurseries.

A. Whether or not licensed or approved by the New Jersey Division of Youth and Family Services, all uses providing for child-care or day-care services or facilities shall conform to the standards for such child-care facilities and services as shall be promulgated and from time to time amended by the New Jersey Division of Youth and Family Services.

B. A minimum of 30 square feet of indoor floor area shall be provided for each child enrolled.

C. A minimum of 30 square feet of outdoor recreation shall be provided for each child enrolled.

D. Off-street parking with appropriate aisle width, buffering and access design in conformance with the design standards of the Borough shall be provided at the ratio of two spaces per each staff member and/or employee or one space per 200 square feet of gross floor area, whichever is greater.

E. Child dropoff-pickup facilities for motor vehicles shall not occur on a dedicated public right-of-way. All vehicular dropoff-pickup shall be designed to be accommodated in a supervised on-site, off-street location which shall not create any vehicular queuing or stacking of any driveway or public right-of-way.

F. All outdoor recreation areas shall be secured by fencing with gates of a minimum five-foot height and constructed of materials designed to the satisfaction of the reviewing board for compatibility with surrounding land uses.

G. All outdoor recreation areas shall be screened and buffered in conformance with § 230-95E of the chapter.

H. Person desiring to operate the day-care center must submit to the Bureau a copy of the building's certificate of occupancy issued by the municipality reflecting the center's compliance with the provisions of the State Uniform Construction Code (N.J.A.C. 5:23) for the following use classifications:

(1) E (Educational) for buildings accommodating children 2 1/2 years of age and/or older and having a total occupancy (children and adults) that is 50 or more;

(2) B (Business) for buildings accommodating children 2 1/2 years of age and/or older and having a total occupancy (children and adults) that is fewer than 50; or

(3) I-2 (Institutional) for buildings accommodating one or more children below 2 1/2 years of age.

I. Operations of the day care must satisfy the requirements of the New Jersey Manual of Standards for Child Care Centers (N.J.A.C. 10:122). At no time shall a center allow more children in attendance than the number specific on its license or certificate of approval.

§ 230-99 Drive-in banks.

Drive-in banks 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 plot plans shall be filed with the approving authority, showing overall dimensions, topographic conditions, the location and intended use of existing and proposed buildings, 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 authority shall determine that the following standards are met:

(1) The minimum lot area shall be 10,000 square feet and the minimum frontage shall be 100 feet.

(2) Adequate off-street parking shall be provided at a rate of one space per each 100 square feet of gross floor area.

(3) Driveways shall cross the sidewalk at right angles and shall be no more than 24 feet wide at any point. Driveways must be at least 10 feet from any side lot line and 50 feet from the intersection of the street lines. No more than two driveways shall be permitted for each 250 feet of street frontage.

(4) The approving authority shall determine that the site plan is appropriate to the adjacent area. Buffers shall be required to protect surrounding properties from the effect of light or noise generated in connection with the use of the property. Such buffer shall be constructed in conformance with the provisions of this chapter.

(5) Drive-in banks are specifically not permitted in the CBD Zone.

(6) Drive-in banks shall only be permitted as adjunct to and part of a full-service banking facility. A freestanding, drive-in-only bank shall not be prohibited.

§ 230-100 Fences, walls, hedges.

A. The provisions of this section pertain to fences, hedges and walls, including but not limited to architectural walls, landscape retaining walls, and structural retaining walls. 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 feet above ground level toward which the front entrance of any dwelling in a residential zone faces.

(2) Fences or walls may be permitted in any yard, provided that they do not exceed four feet in height at any point within the front yard and that they do not exceed four 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 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, except, when the property in question is located on a corner lot the requirements of Subsection A(1) above shall prevail on the entire perimeter of the property which faces the public right-of-way.

(4) The foregoing restrictions shall not be applied so as to prevent the erection of any open wire fence not exceeding eight feet above ground level anywhere within a public park, public playground or school premises or any other public property.

(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 residential properties do not exceed six feet in height on the side of the property adjoining the crosswalk. Fence must be set back at least two feet from the crosswalk.

(8) The height of the fence or wall 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 10 feet of the periphery of any private wading or swimming pool. Regulations for swimming pools' fencing shall be controlled by Ordinance No. 569 entitled, "An Ordinance to Provide for the Construction, Installation, and Regulation of Private Swimming Pools and Wading Pools and Other Such Facilities in the Borough of Highland Park, New Jersey, and Penalties for Violations thereof," and shall in no case be less than six feet in height.

(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, hedge or wall 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 may be erected, altered or reconstructed in any way if such fence includes the use of barbed wire.

(14) In the CBD, PO and C Districts, walls and fences shall also follow the provisions contained in § 230-157S.

B. The provisions of this section shall pertain to landscape retaining walls and structural retaining walls:

(1) Landscape retaining walls.

(a) Landscape retaining walls shall not be located closer to a property line than the height of the wall.

(2) Landscape retaining walls shall be constructed of durable or preservative treated wood, or other durable materials, and shall be designed to allow replacement of the wall at the end of its useful life.

(3) Structural retaining walls.

(a) All structural retaining walls shall be designed by a structural or civil engineer, with signed and sealed plans submitted to the Construction Official and referred to the Borough Engineer for review and approval.

(b) The construction of all structural retaining walls shall be inspected by a structural or civil engineer at the cost of the applicant, and a signed and sealed certification that the wall has been properly constructed shall be submitted to the Construction Official upon completion of the wall.

(c) Structural retaining walls shall not be located in any public rights-of-way or utility easements.

(d) Height of structural walls in any residential district.

[1] The maximum height of any structural retaining wall, section of structural retaining wall, or tier of a structural retaining wall shall be six feet, unless in a front yard, in which case the maximum height shall be four feet.

[2] Multiple, staggered or tiered walls shall be considered single walls unless the minimum horizontal distance between the top of any single section or tier and the base (toe) of the next higher section or tier is not less than 1 1/2 times the height of the lower section or tier. If there are more than three single sections or tiers, the minimum distance between the top of any single section or tier and the base (toe) of the next higher section or tier shall be not less than two times the height of the lower section or tier.

[3] A structural retaining wall shall be located no closer to a property line than 1 1/2 times the height of the wall or wall segment closest to the property line, and the applicant's engineer shall certify that a failure of the structural retaining wall will not have an adverse impact on any adjoining property or public right-of-way.

(e) Design and maintenance of structural retaining walls.

[1] The applicant shall submit a plan indicating how all segments of the structural retaining wall, including any bench area located between two tiered wall sections, shall be maintained.

[2] The structural or civil engineer certifying the plans shall provide documentation as to the feasibility for replacing the structural retaining wall at the end of its useful life and method of replacement by the property owner or homeowners' association.

[3] The top of any structural retaining wall or tiered wall with a height of greater than four feet shall be protected through the use of fencing or, in the alternative provided that safety concerns are adequately addressed, densely planted vegetation at 50% of the full growth screening. Any combination of structural retaining wall and fence that exceeds eight feet shall be supplemented by densely planted vegetation of at least four feet in height, planted on the side of the combined retaining wall and fence that presents the greatest vertical elevation.

[4] The bench, or area between the top of one tier and the bottom (toe) of the next higher tier, shall be properly graded to facilitate drainage.

[5] A licensed landscape architect shall certify that landscaping installed in the vicinity of any structural retaining wall is appropriate for the location and does not have a root system that will impair the integrity of the retaining wall.

[6] Structural retaining walls shall be constructed of permanent materials such as concrete, pre-cast block or masonry and shall be designed to allow replacement of the wall at the end of its useful life.

[7] Permit required. No structural retaining wall shall be constructed without the prior application for and issuance of a permit to construct such wall. Application shall be made to the Construction Official or Zoning Official.

§ 230-101 Fire protection.

A. Provisions 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.

B. Fire lanes 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 10,000 square feet. Similar fire lanes are recommended for design along the sides of all new industrial uses. Parking shall be strictly prohibited in all fire lane areas.

§ 230-102 Homeowners' association.

A homeowners' 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 Act and the New Jersey Planned Real Estate Development Act:

A. Membership by all property owners, condominium owners, stockholders under a cooperative development and other owners of property or interests 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.

B. The organization shall be responsible for liability insurance, taxes, maintenance and any other obligations assumed by the organization.

C. The organization shall be allowed to adjust the assessment to meet changing needs.

D. 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.

E. 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 35 days thereof.

§ 230-103 Hotel, motel.

These uses, where and if permitted in this chapter as specified herein, shall comply with the following minimum standards:

A. Minimum floor area per unit.

(1) Hotel: 250 square feet.

(2) Motel: 250 square feet.

B. Minimum lot area per unit.

(1) Hotel: 1,000 square feet.

(2) Motel: 1,000 square feet.

C. Appropriate areas shall be set aside for the recreational needs of the guests.

D. Minimum parking requirements for motels and hotels; the sum of:

(1) One space per rental unit.

(2) One space per each four seats of the composite gross number of eating and drinking facilities.

(3) One space per each employee on the largest shift.

E. All garbage receptacles for storage and pickup shall be centrally located and easily accessible within a screened aboveground enclosure.

F. Fire lanes 12 feet wide shall be required along all sides of this use.

§ 230-104 Marine chandler stores.

A. Marine chandler supply stores shall include only goods sold or personal services rendered that are clearly and exclusively oriented to the marine activities in the area, provided that all goods or products fabricated or processed incidental to such shall be sold at retail for use on the premises.

B. Other commercial uses which are clearly and exclusively oriented to the marine activities in the area, such as building, sale, rental, storage or repair of boat engines, and related equipment, may be considered as functions of the marine chandler supply store by the reviewing board.

C. All requirements of the U.S. Army Corps of Engineers, NJDEP, the U.S. Coast Guard, and all other agencies of jurisdiction shall be met, and compliance shall be documented to the reviewing board.

D. Retail marine commercial usage or marine chandler supply stores shall occupy a maximum of 1,500 square feet of gross floor area or a maximum 1% of the total residential gross floor area constructed, whichever is less.

E. Any aboveground storage tanks for fuel, oil, waste oil, kerosene, or any other flammable or combustible material shall be prohibited. A maximum of 10,000 gallons of cumulative underground storage capacity shall be permitted for all types of products stored for any reason. 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.

F. Off-street parking with appropriate access thereto shall be provided at the rate of one parking space for each 300 square feet of gross floor area of the marine chandler or marine retail establishment.

§ 230-105 Monuments.

Monuments shall be the size and shape required by N.J.S.A. 46:23-9.9 et seq. (the Map Filing Law, as amended) and shall be placed in accordance with said statute and indicated on the final plat. All lot corners shall be permanently marked with a metal alloy pin or equivalent.

§ 230-106 Natural features.

Natural features such as trees, brooks, swamps, hilltops and views shall be preserved whenever possible. On individual lots, care shall be taken to preserve selected trees to enhance soil stability and the landscape treatment of the area.

§ 230-107 Nursing homes for children or aged; philanthropic or charitable uses.

Treatment, convalescent and nursing homes for children or aged; philanthropic or charitable structures, except correctional institutions, 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 in triplicate, showing dimensions, topography, location and use of intended buildings, etc., and any other physical features which might act as a deterrent to the general welfare.

B. Front, rear and side yards shall be increased one 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 30 feet nor be located on a lot less than two acres in size with a minimum frontage of 200 feet.

C. Off-street parking space shall be provided in side and rear yards only, at the rate of one space for each two beds in a treatment or nursing home and one space for each two beds or one space for each 400 square feet of gross floor area, whichever is greater, for philanthropic or charitable uses.

D. All off-street parking provided within 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 feet at center, of a type or types of planting approved by the approving authority, with buffer areas designed in conformance with this chapter.

E. In addition to all other requirements, there shall be provided one square foot of open space for every one square foot of building area, in plan, at the ground level.

§ 230-108 Public and private institutions for education not operated for profit.

Public and private nonprofit institutions for education 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 plot plans shall be filed with the approving authority, showing overall dimensions, topographic conditions, the location and intended use of existing and proposed buildings, 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 authority 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 acres plus one additional acre for each 100 pupils.

(3) The minimum lot area for all other schools shall be 10 acres plus one additional acre for each 100 pupils.

(4) No building shall be located closer than 100 feet to any property line.

(5) Fencing shall be provided along adjoining residential properties to be 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: 1.25 spaces per classroom or teaching station.

(b) Senior high school: one space per each five students.

§ 230-109 Public utilities.

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

A. The developer shall arrange with the servicing utility for all underground installation of the utility's distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners.

B. The developer shall submit to the approving authority, prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance or intended full compliance with the provisions of this section; provided, however, lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from those overhead lines, but the service connection from the utilities' overhead lines shall be installed underground. In the case of existing overhead utilities, should a road widening or an extension of service or other such condition occur as a result of the development and necessitate the replacement, relocation or extension of such utilities, such replacement, relocation or extension shall be underground.

C. 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 to conceal such apparatus year-round.

D. Any installation under this section to be performed by a servicing utility shall be exempt from the requirement of performance guarantees but shall be subject to inspection and certification by the Municipal Engineer, unless specifically and documentably exempt by operation of state law.

§ 230-110 Public utility facilities.

Electrical substations, telephone exchanges, telephone booster stations, gas metering stations, transformers, water and/or sewer pumping stations may be permitted in any zone, provided that:

A. A statement setting forth the need for and purposes of the installation are filed with the approving authority.

B. The approving authority 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 section.

§ 230-111 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.

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, are 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 40,000 square feet, and the minimum frontage shall be 200 feet.

E. No building, structure or active recreational facilities shall be located within 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 consideration.

H. Off-street parking shall be provided at the ratio of one off-street parking space for each four occupants or one space per each 200 square feet of gross floor area, whichever is greater, for the cumulative occupancy of all activity areas within the facility or structure.

§ 230-112 Recycling.

All development proposals involving: a) single-family development of 50 or more units; b) multifamily development of 25 or more units; and c) commercial or industrial development of 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 ordinance and the Mandatory Statewide Source Separation and Recycling Act.

§ 230-113 Satellite earth station antennas (receive only).

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

REASONABLE RECEPTION

Reception by the satellite dish antenna of a reasonable number of channels from all existing North American C and Ku band programming sending satellites.

SATELLITE EARTH STATION ANTENNAS - RECEIVE ONLY

Any antenna consisting of a radiation element which receives radiation signals generated as electrical, light or sound energy and supported by a structure which may or may not provide a reflective component to the radiating dish, usually a circular shape with a parabolic curve design constructed of a mesh surface. Hereinafter "satellite earth station antenna – receive only" shall be referred to as "satellite dish antenna."

B. Permits. No satellite dish antenna shall be constructed or installed unless a building permit is issued by the Construction Official (except as provided in Subsection 622.31 of the BOCA National Building Code, 1990, or the applicable provision of an amended or replacement code).

C. General requirements. All satellite dish antennas shall be subject to the following requirements:

(1) No more than one satellite dish antenna shall be permitted on any one lot. No satellite dish antenna shall be installed as the sole structure on any lot.

(2) All satellite dish antennas shall be located to prevent obstruction of the antenna's reception window from potential permitted development on adjoining properties.

(3) A satellite dish antenna may be designed for reception of signals for the sole use, benefit and enjoyment of the occupants of the principal structure/use.

(4) No form of advertising or identification shall be placed upon any satellite dish antenna.

(5) Any satellite dish antenna over two feet in diameter must be of a wire mesh design.

D. Specific requirements: ground mounting. All ground-mounted satellite dish antennas shall be subject to the following requirements:

(1) The diameter of the dish shall not exceed 12 feet.

(2) All ground-mounted satellite dish antennas are accessory structures and must comply with the accessory use yard, height, bulk and setback requirements of the particular zone.

(3) The satellite dish between two feet to 12 feet in diameter shall be of a mesh design and shall be colored in brown or green earth tones to blend with its ground location.

(4) The satellite dish shall be screened and fenced.

(a) A stockade or similar fence, sufficient to prevent unauthorized accessibility, shall be erected around the antenna base but shall not interfere with its reception window. Such fencing shall not be required if the yard in which the satellite dish is located is securely fenced.

(b) Ornamental landscaping treatments in the form of evergreen shrubbery shall be installed at the base of the fence sufficient to provide a variation in the solid appearance of the fence. Where sufficient yard fencing exists [Subsection D(4)(a) above], the evergreen shrubbery screen shall completely surround the base of the dish antenna but shall not interfere with its reception window.

E. Specific requirements: roof or exterior wall mounting. All roof- or exterior-wall-mounted satellite dish antennas shall be subject to the following requirements:

(1) The diameter of the dish antenna shall not exceed 12 feet.

(2) A roof- or wall-mounted exterior dish antenna is an accessory use in all zones.

(3) Applicant must prove that compliance with § 230-113D, Specific requirements: ground mounting, would result in an unreasonable interference with satellite signal reception due to obstruction of the antenna's reception window and such obstruction involves factors beyond the applicant's control.

(4) A satellite dish antenna may be installed on the roof or exterior wall of the principal structure or an accessory structure such as an unattached garage. No satellite dish antenna may be attached to any portion of a temporary structure, such as a shed.

(5) The height of the principal or accessory structure to which the satellite dish is attached shall include the height of the satellite dish as installed and shall not exceed the maximum height restriction imposed upon principal structures in the zone.

(6) Installation in relation to right-of-way.

(a) Subject to Subsection E(6)(b), the antenna shall be installed on the portion of that roof or exterior wall which is within the 50% of the principal structure furthest from any public right-of-way. In the case of corner lots, this regulation shall be enforced for both street frontages. In the case of through lots, this regulation shall be enforced upon that frontage which provides the main or front entrance to the principal structure. In the case of three-sided corner lots, this regulation shall be enforced upon two of the three sides of the principal structure which face a public right-of-way.

(b) The satellite antenna may be installed on that 50% of the roof or exterior wall of the principal structure closest to the public right-of-way upon demonstration by applicant that compliance with Subsection D, Ground mounting, and Subsection E, Roof and exterior wall mounting, would result in an unreasonable interference with satellite signal reception due to obstruction of the antenna's reception window, and such obstruction involves factors beyond the applicant's control.

(7) In the cases of accessory structures, such as a freestanding garage, the satellite dish shall be installed on that portion of the roof or exterior wall which is most interior to the applicant's lot. All power controls and signal cables from the antenna to the principal structure shall be installed underground and in conformance with applicable building codes. If the dish is not located at a height sufficient to prevent accessibility, fencing and/or screening may be required pursuant to Subsection D(4) hereof.

(8) The installation of any antenna structure mounted on the roof of a principal or accessory building shall not be erected nearer to the lot line than the total height of the antenna above the roof nor shall such structure be erected near power lines or encroach upon any street or other public space.

(9) All roof-mounted units shall be colored in light blue gray or silver sky tones. All exterior wall-mounted units not protruding above the roofline shall be colored to match the exterior wall color of the structure to which it is attached.

F. Technical specifications. All satellite dish antennas shall be subject to the following specifications:

(1) Submission of plans signed and sealed by a New Jersey professional engineer, which plans shall include:

(a) Loading calculations of structural mounting design;

(b) Wind load design capacity calculations;

(c) Snow and ice load design capacity calculations;

(d) In the case of roof or exterior wall mounting, documentation of compliance with the BOCA Basic Building Code for load distributions within the building's support structure;

(e) In the case of ground mounting, design specifications of the permanently affixed foundation and the antenna mounting thereon;

(f) Any other specification deemed necessary by the Construction Official pursuant to Subsection 15:23-2.19 of the Uniform Construction Code; and

(g) Certification of compliance with all applicable sections of the BOCA Basic Building Code, including, but not limited to, Sections 614 and 615, Grounding.

(2) As to the satellite dish equipment, applicant shall submit manufacturers' specifications indicating compliance with Electronic Industry Association Standard RS-411, "Electrical and Mechanical Characteristics of Antennas for Satellite Earth Stations."

§ 230-114 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 lubrication, 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 60 feet and from any other property line at least 50 feet. A minimum space of 25 feet shall exist between any two 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 employees' vehicles, no more than six motor vehicles may be 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 the area devoted to this purpose is in addition to the minimum lot size required for a service station; the area devoted to this purpose does not exceed 20% of the total area of the entire site; the maximum sign area for a service station is not exceeded; and the location of the equipment being rented or sold does not interfere with the off-street parking requirements for the service 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 of not less than 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 1,000 feet from any school offering courses of general educational instruction, hospitals, church or library and not less than 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. Up to four vehicles may be displayed for sale or lease on the property at any given time, provided that all such vehicles shall be located in designated off-street parking spaces and do not interfere with the traffic circulation on the site; no such vehicles shall be displayed closer than six feet to the front property line; this setback area shall be buffered and screened in accordance with Subsection K below; automobile prices or year of manufacture shall not be boldly displayed on the automobile in a manner which would be legible from the roadway so as to avoid undue distractions to the traveling public; and banners, flags, movable signs, flashing lights, pennants, rotating devices or similar devices shall not be permitted. Signs shall conform to the requirements of the municipal sign ordinance.

[Amended 3-15-2022 by Ord. No. 22-2043]

J. Off-street parking shall be provided at the rate of three spaces per service bay plus one space for service vehicle.

K. The area along the front lot line, with the exception of those areas required for ingress and egress, shall contain a six-foot-wide landscaped strip, defined by either a brick wall two feet in height and capped with a stone or cast stone slab or by an evergreen hedge of the same height. The landscaped area between the edge of the property line and the brick wall shall be planted with street trees no more than 30 feet on center.

§ 230-115 Signage.

[Amended 9-21-2010 by Ord. No. 10-1792; 7-16-2024 by Ord. No. 24-0287]

A. Purpose and intent. Signs perform an important function in identifying and promoting properties, residences, businesses, services, events, and other matters of interest to the public. The purpose and intent of this section is to regulate the use of signs so that they are appropriate for their respective uses, in keeping with the appearance of the affected property and surrounding environment, and to preserve the aesthetic character of the Borough. These standards are designed to protect and promote the public health, safety, morals, and general welfare by:

(1) Providing clear and uniform standards controlling the type, number, and physical dimensions of signs, and establishing reasonable limits on the time, place, and manner of sign display.

(2) Preventing the disruptions, obstructions, and hazards to pedestrian and vehicular traffic that signs may cause.

(3) Avoiding excessive conflicts from large or multiple signs to minimize clutter, unsightliness, and confusion.

(4) Establishing a clear and flexible permitting process for the review and approval of signs.

B. Applicability and permits.

(1) Applicability. Any sign erected, altered, or maintained after the effective date of this section shall conform to the standards contained herein.

(2) Zoning permits.

(a) It shall be unlawful for any person to erect or maintain within the Borough of Highland Park any permanent sign without a zoning permit issued by the Zoning Official and a construction permit has been issued by the Construction Code Official, where applicable, except that zoning permits shall not be required for signs for single- and two-family dwellings, temporary signs, and exempt signs as provided for herein, and provided that all applicable standards of this section are complied with.

(b) Application for a zoning permit involving a sign shall contain the following:

[1] Name, address, telephone number and email address of the applicant.

[2] Name, address, telephone number and email address of the property owner.

[3] The relationship between the applicant and the property owner and the written consent of the property owner.

[4] Name, address, telephone number and email address of the person erecting the sign.

[5] Location of property upon which sign is to be erected.

[6] Position of the proposed sign on the property or building.

[7] Sketch or photograph of the existing property or building, and adjacent properties or buildings.

[8] Sketch or rendering of the proposed sign, indicating size, color, material used and lighting (if any), drawn to scale.

[9] Further information as the Zoning Official shall require showing compliance with this section and all other applicable laws and ordinances.

(3) Site plan applications. If any sign is included in a site plan or subdivision application, the zoning permit shall be issued by the Zoning Official and the construction permit shall be issued by the Construction Official, where applicable, following approval by the Planning Board or Board of Adjustment.

(4) Site plan exemptions. If any sign requires a minor deviation from this section, such sign may be exempt from obtaining site plan approval at the determination of the Zoning Official, limited to any one or a combination of the following: 1) adding one additional sign in addition to the maximum number of signs permitted; 2) any sign with an area that is no greater than 25% greater than the maximum permitted area of sign; 3) any sign with a height that is no greater than 25% greater than the maximum permitted height of sign; 4) any sign with a width that is no greater than 25% greater than the maximum permitted width of sign; or 5) any sign with an individual letter, height, number of other characters or images that is no greater than 25% greater than the maximum permitted height of individual letters, numbers, symbols, other characters, logos, graphics, or images. The process by which an exemption is applied for shall be as follows:

(a) An applicant may request an exemption upon submission of a completed zoning permit including the information pursuant to § 230-115B(2)(b) and a statement setting forth reasons for the exemption.

(b) The Zoning Official may approve the exemption request after consultation with the Chairperson of the Planning Board and a representative of Main Street Highland Park and after the application has been reviewed by the Borough Planner to verify and confirm that all other aspects of the application conform to applicable design standards.

(c) The Zoning Official shall act on the exemption request within 10 business days upon receipt of a complete permit and statement.

(d) In the case where the exemption is denied, such minor deviations shall be subject to minor site plan review.

(e) All other deviations from this section shall be subject to minor site plan review.

(5) Expiration of zoning permit. If the work authorized under the zoning permit has not been completed within one year from the date of issuance, the zoning permit shall become null and void.

C. General provisions.

(1) Maintenance.

(a) Any sign, together with all supporting and decorative elements, shall be maintained in good repair, including cleaning, painting, replacing of defective parts and otherwise maintaining a presentable condition.

(b) The area surrounding freestanding signs shall be kept neat, clean, and landscaped. The property owner shall be responsible for maintaining the condition of the area upon which it is located.

(c) If the Zoning Official or Construction Official shall find that any sign or part thereof is in a state of disrepair or has become dilapidated, the Zoning Official or Construction Official shall give written notice to the owner of the sign and the property owner to correct the conditions within 20 calendar days from the date of the mailing of the notice. If the sign is not brought back to a presentable condition, or if the applicant does not file an appeal, within the time provided, such shall constitute a violation of this section.

(d) If the Zoning Official or Construction Official shall find that any sign or part thereof is insecure or unsafe, the Zoning Official or Construction Official shall give written notice to the owner of the sign and the property owner to correct the conditions within 48 hours from the date of the mailing of the notice. If the sign is not repaired or removed within the time provided, such shall constitute a violation of this section, and the Zoning Official or Construction Official shall be permitted to cause the removal, transportation and storage of said sign, at the expense of the property owner upon which it is located.

(e) In the event that any sign is removed by or at the direction of the Zoning Official or Construction Official as hereby provided for, the Zoning Official or Construction Official shall certify the cost of removal, transportation, and storage to the Borough Council. The Borough Council by resolution shall cause the cost as indicated by said certificate to be charged against said lands. The amount so charged shall forthwith become a lien upon said lands, the same to bear interest at the same rate as taxes and shall be collected in the same manner as taxes.

(2) Replacements or alterations. If any sign is altered, except for any change in the message on the sign for an existing business or for the purposes of customary maintenance and/or repairs, the sign shall thereafter conform to the standards contained herein.

(3) Nonconforming signs. Any lawfully nonconforming sign may be relettered or repaired. However, nonconforming signs shall not be rebuilt, enlarged, changed, or altered in size, location, or appearance unless such sign is made to conform to the standards contained herein. Any such change shall require a zoning permit.

D. Design standards and guidelines. The standards and guidelines contained herein shall be applicable to any project subject to site plan or subdivision review, site plan exemptions, and zoning permits.

(1) Signs shall be located at or near the public entrance of a building.

(2) Signs affixed to the exterior of a building shall be architecturally compatible with the style, composition, materials, colors, and details of the building, as well as with other signs used on the building or its vicinity.

(3) Signs shall fit within the existing facade features, shall be confined to signable areas, shall be mounted so that the method of installation is concealed, and shall not interfere with door and window openings, conceal architectural details, or obscure the composition of the facade where they are located.

(4) Whenever possible, signs located on multiple storefronts within the same building shall be placed at the same height, in order to create a unified sign band.

(5) Whenever possible, signs located on multiple buildings within the same block face shall be placed at the same height, in order to create a unified sign band.

(6) In the case of older buildings, signs shall be placed on a facade only in an historically appropriate fashion. Signs applied to masonry surfaces should be mechanically fastened to mortar joints only, and not directly into masonry surfaces. Drilling to provide electrical service should also follow the same rule.

(7) In the case of converted residences, signs shall be placed next to the main entrance or above the window, below any stoop or porch roof structure, or below any added mansard or pent roof structure between the first and second floors.

(8) The preferred materials for signs shall be wood, metal, and masonry. Signs using wood shall use only high-quality exterior grade wood with suitable grade finishes.

(9) The preferred materials for applied letters shall be wood, painted cast metal, and anodized aluminum.

(10) Sign colors shall be limited in number and shall be compatible with the colors of the building facade and of nearby signs. A dull or matte finish is recommended, for it reduces glare and can enhance legibility.

E. Computation of sign area. For purposes of this section, the size of any sign shall be computed as follows:

(1) The size of any sign shall be computed by determining the total area of any signboard, sign face, or sign background at its largest horizontal and vertical dimensions, not including any supporting and decorative elements incidental to the display itself.

(2) Where any sign is mounted, affixed, applied, or painted directly on a wall, window, awning, or other surface without a defined sign area, the size of such sign shall be computed by determining the total area as measured by the largest horizontal and vertical dimensions of the related group of letters, numbers, symbols, other characters, logos, graphics, or images.

(3) Any sign having two sign faces shall have a total area consisting of the area of only one side of the sign, but both sides may be used, and shall be considered as one sign.

(4) In the case of any sign, other than a sandwich board sign, having two sign faces with an interior angle of 15° or greater, such sign shall be considered as two separate signs.

F. Proportion of sign content. Where letters, numbers, symbols, other characters, logos, graphics, or images are mounted, affixed, applied, or painted directly onto a signboard, the area of the related group of letters, numbers, symbols other characters, logos, graphics, or images shall not fill more than 80% of the total area of the signboard.

G. Illumination of signs. For purposes of this section, the illumination of signs shall be regulated as follows:

(1) External illumination.

(a) Signs that are externally illuminated by spotlights shall be permitted, provided that the light source is diffused, shielded, projected primarily on the sign, and not directly visible from the street. Such lighting may include but is not limited to ground-mounted spotlights for freestanding signs, gooseneck-type light fixtures for wall-mounted or awning signs, or bracketed light fixtures for blade signs.

(2) Internal illumination.

(a) Box-type or cabinet signs that are internally illuminated shall be permitted, provided that the lighting only illuminates the translucent letters, numbers, symbols, other characters, logos, graphics, or images on an opaque background. Such signs may also be backlit, provided that the light source is directed to the surface upon which it is affixed and is not directly visible.

(b) Box-type or cabinet signs that are internally illuminated with a translucent background shall not be permitted.

(c) Signs with individually fabricated and mounted front-lit channel letters, numbers, symbols, other characters, logos, graphics, or images shall be permitted, provided that the light source is not directly visible. In the case where such channel letters are affixed to a raceway or wireway, such raceway or wireway shall be the same color as the surface upon which it is affixed.

(d) Signs with individually fabricated and mounted back-lit channel letters, numbers, symbols, other characters, logos, graphics, or images shall be permitted, provided that the light source is directed to the surface upon which it is affixed and is not directly visible. In the case where such channel letters are affixed to a raceway, such raceway shall be the same color as the surface upon which it is affixed.

(e) LED, neon, or similar signs placed inside a window or display case shall be permitted, provided that the light source is not directly visible from the exterior.

(f) Electronic message center (EMC), digital, video display, or similar signs placed inside a window or display case shall be permitted.

(g) LED, neon, or string lighting placed inside the perimeter of a window or display case shall be permitted, provided that the light source is not directly visible from the exterior.

H. Permitted residential development signs.

(1) Multifamily dwellings in the MFAH district.

(a) A maximum of one freestanding sign shall be permitted on the property, provided that the sign does not exceed 24 square feet in area. Such sign shall be provided with a monument-style base with planter area. No such sign shall be internally illuminated. In the case where external illumination is utilized, such illumination shall be directed downward (or shielded to minimize upward light pollution) and projected primarily on the sign.

(b) Any permitted freestanding sign shall be located no closer than 10 feet and no greater than 60 feet from the South Sixth Street public right-of-way.

(2) Garden apartments, townhouses, mid-rise residential structures, and planned unit residential developments in the RM-G, RM-T, RM-M, and RMT-W districts.

(a) A maximum of one freestanding sign shall be permitted on the property, provided that the sign does not exceed 24 square feet in area, does not exceed a height of seven feet from grade, and does not exceed eight feet in width. Such sign shall be provided with a monument-style base with planter area. No such sign shall be illuminated.

(b) Any permitted freestanding sign shall be located no closer than 10 feet from any lot line.

(3) Garden apartments, townhouses, mid-rise residential structures, and planned unit residential developments in the PURD-1 and PURD-2 districts.

(a) A maximum of one freestanding sign shall be permitted on the property, provided that the sign does not exceed 24 square feet in area, does not exceed a height of seven feet from grade, and does not exceed eight feet in width. Such sign shall be provided with a monument-style base with planter area. No such sign shall be internally illuminated. In the case where external illumination is utilized, such illumination shall be directed downward (or shielded to minimize upward light pollution) and projected primarily on the sign, and provided that a minimum distance of 100 feet shall separate any illuminated sign from any existing residential property.

(b) Any permitted freestanding sign shall be located no closer than 10 feet from any lot line.

(4) Mid-rise residential structures in the RMT-H district.

(a) A maximum of one freestanding sign shall be permitted on the property, provided that the sign does not exceed 25 square feet in area and does not exceed a height of eight feet from grade. Such sign shall be provided with a monument-style base with planter area. No such sign shall be internally illuminated. In the case where external illumination is utilized, such illumination shall be directed downward (or shielded to minimize upward light pollution) and projected primarily on the sign.

(b) Any permitted freestanding sign shall be located no closer than 10 feet from any lot line and located no closer than five feet from internal driveways, unless existing topographic conditions prevent this. A reasonable distance must then be provided.

(c) A maximum of two wall signs flanking the sides of the entrance road shall be permitted, provided that each sign does not exceed 30 square feet in area, does not exceed a mounting height of eight feet from grade, and does not exceed 2.5 feet in height.

I. Permitted signs for ground floor businesses in the CBD and C districts.

(1) Freestanding signs. A maximum of one freestanding sign shall be permitted on the property, subject to the following standards:

(a) Maximum size of the sign shall not exceed six square feet in area.

(b) Maximum height from grade to the uppermost portion of the sign, together with all supporting and decorative elements, shall not exceed five feet.

(c) Maximum height of the sign shall not exceed three feet.

(d) Maximum width of the sign shall not exceed three feet.

(e) Maximum height of letters, numbers, symbols, other characters, logos, graphics, or images on the sign shall not exceed one foot.

(f) No portion of such sign shall be located within 10 feet from any lot line. No portion of such sign shall project or extend over sidewalks, walkways, driveways, or parking areas.

(g) Such sign shall be constructed of wood, with wood or cast-iron brackets, and shall be architecturally compatible with the style, composition, materials, colors, and details of the building.

(h) No such sign shall be internally illuminated. In the case where external illumination is utilized, no such illumination shall be permitted after 10:00 p.m.

(2) Wall-mounted signs. A maximum of three wall-mounted signs shall be permitted for each business, subject to the following standards:

(a) Maximum size of all such signs, taken together, shall not exceed a total of 24 square feet in area. In the case of a building having a front facade width greater than 24 feet, the maximum size of all such signs, taken together, shall not exceed 10% of the front facade, not to exceed a total of 48 square feet in area.

(b) Maximum height from grade to the uppermost portion of each sign shall not exceed the top of the wall to which it is affixed in the case of single-story buildings or the bottom of any second story window in the case of multistory buildings.

(c) Maximum height of each sign shall not exceed three feet.

(d) Maximum width of each sign shall not exceed 16 feet.

(e) Maximum height of letters, numbers, symbols, other characters, logos, graphics, or images on each sign shall not exceed 18 inches.

(3) Blade signs. A maximum of one blade sign shall be permitted for each business, subject to the following standards:

(a) Maximum size of the sign shall not exceed 12 square feet in area.

(b) Maximum height from grade to the uppermost portion of the sign, together with all supporting and decorative elements, shall not exceed the top of the wall to which it is affixed in the case of single-story buildings or the bottom of any second story window in the case of multistory buildings. Minimum height from grade to the lowermost portion of the sign, together with all supporting and decorative elements, shall be eight feet.

(c) Maximum height of the sign shall not exceed four feet.

(d) Maximum width of the sign shall not exceed four feet.

(e) Maximum height of letters, numbers, symbols, other characters, logos, graphics, or images on the sign shall not exceed two feet.

(f) Maximum horizontal projection of the sign, together with all supporting and decorative elements, shall not exceed five feet. Such sign shall be permitted to project or extend over a public sidewalk within a public right-of-way, provided that such sign shall be no closer than five feet from the face of curb.

(g) No such sign shall be located within eight feet from another blade sign.

(h) In the case where external illumination is utilized, such illumination shall be from above or beside the sign, directly attached to a supporting or decorative element, and located no greater than one foot from such sign.

(4) Awning signs. A maximum of three awning signs shall be permitted for each business, subject to the following standards:

(a) Maximum size of all such signs, taken together, shall not exceed a total of 10 square feet in area.

(b) Maximum height of letters, numbers, symbols, other characters, logos, graphics, or images on each sign shall not exceed eight inches.

(c) Such signs shall be silk-screened or sewn on the awning. No such signs shall be painted onto or taped to the awning.

(d) No such signs shall be internally illuminated. In the case where external illumination is utilized, such illumination shall be from above the awning.

(5) Window signs. Any number of window signs shall be permitted for each business, subject to the following standards:

(a) Maximum size of all such signs, taken together, shall not exceed 15% of the total area of ground floor windows, including window portions of doors. In the case of a business having a total of less than 100 square feet of ground floor windows, including window portions of doors, the maximum size of all such signs, taken together, shall not exceed 25% of the total area of ground floor windows, including window portions of doors. Additionally, no individual sign shall exceed eight square feet in area.

(b) Maximum height of each sign shall not exceed four feet.

(c) Maximum width of each sign shall not exceed four feet.

(d) Maximum height of letters, numbers, symbols, other characters, logos, graphics, or images on each sign shall not exceed 18 inches.

(e) Such signs shall be stenciled, etched, silk-screened, hand-painted, or vinyl sheets applied on the interior of the window. No such signs shall be taped to the window.

(f) No such signs shall be externally illuminated. In the case where internal illumination is utilized, such signs shall be affixed to the interior of the window.

(6) Sandwich board signs. A maximum of one sandwich board sign shall be permitted for each business, subject to the following standards:

(a) Maximum size of the sign shall not exceed six square feet in area.

(b) Maximum height from grade to the uppermost portion of the sign shall not exceed four feet.

(c) Maximum height of the sign shall not exceed three feet.

(d) Maximum width of the sign shall not exceed three feet.

(e) Maximum height of letters, numbers, symbols, other characters, logos, graphics, or images on the sign shall not exceed 18 inches.

(f) Such sign shall be located along the frontage of the business and its location shall not interfere with pedestrian or vehicular circulation on a walkway, sidewalk, driveway, or street.

(g) Such sign shall be permitted to be displayed during the hours of the business only, shall be removed from the sidewalk, and stored inside the business upon the close of business each day.

(h) Such sign shall be constructed of wood, chalkboard and/or finished metal. Letters, numbers, symbols, other characters, logos, graphics, or images shall be handwritten, painted, or printed. Plastic signs or signs with individual changeable letters shall not be permitted.

(i) No such sign shall be illuminated.

(7) Additional signs.

(a) Ground floor businesses located on corner lots, therefore having a second facade fronting on a public street, shall be permitted to have one additional wall-mounted sign, one additional blade sign, and/or three additional awning signs on the facade of the building facing the side street, provided that such signs conform to the standards contained herein. In the case where the additional sign faces a residential district, no such sign shall be illuminated.

(b) Ground floor businesses having a side or rear facade facing a public space, pedestrian walkway, driveway, or parking area shall be permitted to have one additional wall-mounted sign, one additional blade sign, and/or three additional awning signs on the facade of the building facing the public space, pedestrian walkway, driveway, or parking area, provided that such signs conform to the standards contained herein. In the case where the additional sign faces a residential district, no such sign shall be illuminated.

(c) Ground floor barbershops shall be permitted to have one traditional barber pole, subject to the following standards:

[1] Minimum height from grade to the lowermost portion of the barber pole, together with all supporting and decorative elements, shall be eight feet.

[2] Maximum height from grade to the uppermost portion of the barber pole, together with all supporting and decorative elements, shall not exceed the top of the wall to which it is affixed in the case of single-story buildings or the bottom of any second story window in the case of multistory buildings.

[3] Maximum horizontal projection of the barber pole, together with all supporting and decorative elements, shall not exceed three feet.

[4] Such barber pole shall be located within five feet of the main entrance to the business.

(d) Ground floor restaurants and cafes shall be permitted to have one wall-mounted menu board or display case, subject to the following standards:

[1] Maximum size of the menu board or display case shall not exceed three square feet in area.

[2] Maximum height from grade to the uppermost portion of the menu board or display case shall not exceed six feet.

[3] Maximum height of the menu board or display case shall not exceed three feet.

[4] Maximum width of the menu board or display case shall not exceed three feet.

[5] Such menu board or display case shall be located within five feet of the main entrance to the business.

[6] Such menu board or display case shall be constructed of wood or metal, with the menu clearly visible through a glass front.

J. Permitted signs for ground floor businesses in the PO and residential districts.

(1) Freestanding signs. A maximum of one freestanding sign shall be permitted on the property, subject to the following standards:

(a) Maximum size of the sign shall not exceed three square feet in area.

(b) Maximum height from grade to the uppermost portion of the sign, together with all supporting and decorative elements, shall not exceed five feet.

(c) Maximum height of the sign shall not exceed three feet.

(d) Maximum width of the sign shall not exceed three feet.

(e) Maximum height of letters, numbers, symbols, other characters, logos, graphics, or images on the sign shall not exceed one foot.

(f) No portion of such sign shall be located within five feet from any lot line. No portion of such sign shall protect or extend over sidewalks, walkways, driveways, or parking areas.

(g) The sign shall be constructed of wood, with wood or cast-iron brackets, and shall be architecturally compatible with the style, composition, materials, colors, and details of the building.

(h) No such sign shall be internally illuminated. In the case where external illumination is utilized, no such illumination shall be permitted after 10:00 p.m.

(2) Wall-mounted signs. A maximum of one wall-mounted sign shall be permitted for each business, subject to the following standards:

(a) Maximum size of the sign shall not exceed three square feet in area.

(b) Maximum height from grade to the uppermost portion of the sign shall not exceed the top of the wall to which it is affixed in the case of single-story buildings or the bottom of any second story window in the case of multistory buildings.

(c) Maximum height of the sign shall not exceed three feet.

(d) Maximum width of the sign shall not exceed three feet.

(e) Maximum height of letters, numbers, symbols, other characters, logos, graphics, or images on the sign shall not exceed one foot.

(f) Such sign shall be constructed of wood, with wood or cast-iron brackets, and shall be architecturally compatible with the style, composition, materials, colors, and details of the building.

(g) No such sign shall be illuminated.

(3) Window signs. Any number of window signs shall be permitted for each business, subject to the following standards:

(a) Maximum size of all such signs, taken together, shall not exceed 10% of the total area of ground floor windows, including window portions of doors, and no individual sign shall not exceed three square feet in area.

(b) Maximum height of each sign shall not exceed three feet.

(c) Maximum width of each sign shall not exceed three feet.

(d) Maximum height of letters, numbers, symbols, other characters, logos, graphics, or images on each sign shall not exceed one foot.

(e) Such signs shall be stenciled, etched, silk-screened, hand-painted, or vinyl sheets applied on the interior of the window. No such signs shall be taped to the window.

(f) No such signs shall be illuminated.

K. Permitted building name signs for buildings in the CBD and C districts.

(1) Wall-mounted building name signs. A maximum of one wall-mounted sign identifying the name of the building shall be permitted for each building, subject to the following standards:

(a) Maximum size of the sign shall not exceed 12 square feet in area.

(b) Maximum height from grade to the uppermost portion of the sign shall not exceed the top of the wall to which it is affixed.

(c) Maximum height of the sign shall not exceed two feet.

(d) Maximum width of the sign shall not exceed eight feet.

(e) Maximum height of letters, numbers, symbols, other characters, logos, graphics, or images on the sign shall not exceed one foot.

(f) No such sign shall be illuminated.

L. Permitted directory signs for buildings in the CBD and C districts.

(1) Freestanding or wall-mounted directory signs. A maximum of one freestanding or wall-mounted sign serving as a directory of one or more businesses located within a building, and there exists no entrance to such businesses on the front of the building, shall be permitted, subject to the standards contained herein.

(2) In the case of a freestanding directory sign, such sign shall constitute as the only permitted freestanding sign located on the property and shall be subject to the following standards:

(a) Maximum size of the sign shall not exceed six square feet in area, within which the primary name panel and each individual tenant panel shall not exceed one square foot in area.

(b) Maximum height from grade to the uppermost portion of the sign, together with all supporting and decorative elements, shall not exceed five feet.

(c) Maximum height of the sign shall not exceed three feet.

(d) Maximum width of the sign shall not exceed three feet.

(e) Maximum height of letters, numbers, symbols, other characters, logos, graphics, or images on the sign shall not exceed six inches.

(f) No portion of such sign shall be located within five feet from any lot line. No portion of such sign shall project or extend over sidewalks, walkways, driveways, or parking areas.

(g) Such sign shall be constructed of wood, with wood or cast-iron brackets, and shall be architecturally compatible with the style, composition, materials, colors, and details of the building.

(h) No such sign shall be internally illuminated. In the case where external illumination is utilized, no such illumination shall be permitted after 10:00 p.m.

(3) In the case of a wall-mounted directory sign, such sign shall be in addition to any permitted wall-mounted signs located on the building and shall be subject to the following standards:

(a) Maximum size of the sign shall be six square feet in area, within which the primary name panel and each individual tenant panel shall not exceed one square foot in area.

(b) Maximum height from grade to the uppermost portion of the sign shall not exceed the top of the wall to which it is affixed in the case of single-story buildings or the bottom of any second story window in the case of multistory buildings.

(c) Maximum height of the sign shall not exceed three feet.

(d) Maximum width of the sign shall not exceed three feet.

(e) Maximum height of letters, numbers, symbols, other characters, logos, graphics, or images on the sign shall not exceed six inches.

(f) No such sign shall be illuminated.

M. Permitted signs for specific uses in specific districts.

(1) Any use other than single- and two-family dwellings in the QP, CS, C/R and SC districts.

(a) A maximum of one freestanding shall be permitted on the property, provided that the sign does not exceed 12 square feet in area and does not exceed a height of six feet from grade. Such sign shall be provided with a monument-style base with planter area. No such sign shall be internally illuminated. In the case where external illumination is utilized, no such illumination shall be permitted after 10:00 p.m.

(b) Any permitted freestanding sign shall be located no closer than 10 feet from any lot line.

(2) Any use other than single- and two-family dwellings in the LI district.

(a) A maximum of one freestanding sign shall be permitted on the property, provided that the sign does not exceed 24 square feet in area and does not exceed a height of six feet from grade. Such sign shall be provided with a monument-style base with planter area. No such sign shall be internally illuminated. In the case where external illumination is utilized, no such illumination shall be permitted after 10:00 p.m.

(b) A maximum of one wall-mounted sign shall be permitted on the building, provided that the sign does not exceed 5% of the front facade, not to exceed 24 square feet in area. No such sign shall be illuminated.

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

(a) A maximum of one freestanding sign shall be permitted on the property, provided that the sign does not exceed 16 square feet in area and does not exceed a height of six feet from grade. Such sign shall be provided with a monument-style base with planter area. No such sign shall be internally illuminated. In the case where external illumination is utilized, no such illumination shall be permitted after 10:00 p.m.

(b) A maximum of three wall-mounted signs shall be permitted on the building, provided that all such signs, taken together, do not exceed 5% of the front facade, not to exceed a total of 16 square feet in area. No such sign shall be illuminated.

N. Temporary signs. The following signs are authorized without a zoning permit, so long as such signs conform to the standards contained herein.

(1) Temporary window advertising signs for ground floor businesses in the CBD and C districts. Any number of temporary window advertising signs shall be allowed, subject to the following standards:

(a) Maximum size of all such signs, taken together, shall not exceed 25% of the total area of ground floor windows, including window portions of doors.

(b) Such signs may be constructed of paper, cardboard, or plastic.

(c) Such signs shall be allowed to be displayed for a period not to exceed 30 days and shall clearly indicate the date of their posting.

(d) No such sign shall be illuminated.

(2) Temporary special signs advertising the opening of a new ground floor business or change in ownership of an existing ground floor business in the CBD, C and PO districts. Any number of temporary special signs shall be allowed, subject to the following standards:

(a) Maximum size of all such signs, taken together, shall not exceed 16 square feet in area, exclusive of banners, flags, pennants, balloons, and similar types of signage which shall also be permitted under this section only.

(b) Such signs may be constructed of paper, cardboard, or plastic.

(c) Such signs shall be allowed to be displayed for a period not to exceed 30 days and shall clearly indicate the date of their posting.

(d) No such sign shall be illuminated.

(3) Temporary construction signs in any district. A maximum of three temporary construction signs shall be allowed, subject to the following standards:

(a) Maximum size of all such signs, taken together, shall not exceed 24 square feet in area.

(b) Maximum height from grade to the uppermost portion of a freestanding sign, together with all supporting and decorative elements, shall not exceed three feet.

(c) Maximum height of each sign shall not exceed three feet.

(d) Maximum width of each sign shall not exceed three feet.

(e) Such signs may be constructed of wood, metal, or plastic.

(f) Such signs shall be allowed to be displayed during the course of construction and shall be removed within seven days after completion of the construction work.

(g) No such sign shall be illuminated, except for construction safety lights placed in hazardous areas.

O. Exempt signs. The following signs are authorized without a zoning permit, so long as such signs conform to the standards contained herein.

(1) Official traffic signs.

(2) Public or regulatory signs installed, required, or authorized by local, state, or federal governments, agencies, or utilities, including but not limited to traffic, utility, safety, railroad crossing, and identification or directional signs for public facilities.

(3) Lamppost banners or overhead banners spanning a street or roadway advertising public functions or fund-raising events for charitable, or religious, civic, philanthropic, or educational organization installed, required, or authorized by local government.

(4) Historical tablets, cornerstones, memorial plaques, and emblems installed, required, or authorized by local government.

(5) Holiday and seasonal displays.

(6) Art and murals, provided that such are noncommercial in nature, and not illuminated.

(7) Personal expression signs of any sign type, including flags, provided that such signs are non-commercial in nature, and not illuminated. There shall be a maximum of three such signs on each property and the maximum size of all such signs, taken together, shall not exceed six square feet in area.

(8) Street address signs, provided that there are not more than two such signs stating the address, number and/or name of the occupants of the premises, are noncommercial in nature, and not illuminated. Within residential districts, such signs shall not exceed three square feet in area. Within nonresidential districts, such signs shall not exceed five square feet in area.

(9) Security and warning signs, provided that such signs are noncommercial in nature, and not illuminated. Within residential districts, such signs shall not exceed two square feet in area. Within nonresidential districts, there shall be a maximum of one larger sign not to exceed five square feet in area. All other signs shall not exceed two square feet in area.

(10) Private roadway, driveway, or premises signs, provided that such signs are noncommercial in nature, and not illuminated. Within residential districts, such signs shall not exceed two square feet in area. Within nonresidential districts, there shall be a maximum of one larger sign not to exceed five square feet in area. All other signs shall not exceed two square feet in area.

(11) Directional, loading zone, entrance, and exit signs, provided that such signs are noncommercial in nature, and not illuminated. Such signs shall not exceed three square feet in area and shall not exceed three feet in height.

(12) Virtual signs which are projected onto a sidewalk for a ground floor business in the CBD and C district, provided that there is not more than one such sign for each business and such sign does not exceed six square feet in area as measured on the sidewalk. The projector shall be oriented to project onto the sidewalk along the frontage of the business and shall be turned off upon the close of business each day.

(13) Signs which are an integral part of vending machines, including gasoline pumps, provided they do not exceed two square feet in area.

(14) Garage sale signs in accordance with Chapter 213.

P. Prohibited signs. All types of signs not expressly permitted by this section are prohibited, including, but not limited to, the following:

(1) Signs which move in whole or in part by any means, including fluttering, rotating or motion, nor which emit smoke, visible vapors, particulate matter, sound, odor, or open flames.

(2) Signs which are interactive, or display animation, scrolling, flashing or intermittent text, graphics, or lights.

(3) Signs which directly or indirectly causes or produces any glare into a street or upon any property.

(4) Signs of such design and location that they interfere with, obstruct, imitate, resemble, compete for attention with or may be mistaken for official traffic light, signs or signals.

(5) Signs which are affixed to, painted on, or placed in or upon any parked vehicle, parked trailer, or other parked device capable of being towed so as to advertise a business to the passing vehicle or pedestrian shall not be permitted.

(6) Signs which prevent free ingress or egress from any window, door, fire escape or other openings for emergency access and escape.

(7) Signs which are located within a clear sight triangle.

(8) Signs which are located within a public right-of-way, except for those owned and operated by a duly constituted government authority, including but not limited to any street tree, lamppost, fire hydrant, or utility pole.

(9) Signs commonly known as "roof" or "sky" signs which are supported principally by the roof and which project above and over the roof of the structure.

(10) Signs containing information which state or imply that a property may be used for any purpose not permitted as governed by the regulations of this chapter.

(11) Signs on a vacant or unimproved property which do not exclusively specify the sale, lease, transfer, zone or permitted use of the property.

(12) Signs erected without the permission of the property owner, except for those authorized or required by local, state, or federal government.

(13) Strings or streamers, flags, pennants, spinners or similar devices strung across, upon, over or along any building or building.

(14) Inflatable devices or balloon signs, except for balloons used for temporary purposes as provided herein.

(15) Signs or advertising matter that exhibit statements, words, or pictures of indecent or obscene nature, or promote illegal activity.

§ 230-116 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.

A. Regulation and permits.

(1) 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.

(2) 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.

(3) A permit shall not be required under this chapter where Subsection F below applies, provided that no soil is removed from the premises involved.

B. Data required.

(1) 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 a site when developed in stages.

(2) 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.

(3) 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:

(a) 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).

(b) 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.

(c) Measures for soil erosion and sediment control.

(d) 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.

(e) All proposed revisions of data required shall be submitted for approval.

(f) Description of means for maintenance or erosion and sediment control measures and facilities during and after construction.

(g) Performance bond as set forth in Article XI. The bond shall be in such amount and for such period of time as determined by the governing body.

C. General design principles.

(1) 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:

(a) Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.

(b) Whenever feasible, natural vegetation shall be retained and protected.

(c) The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.

(d) Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbances.

(e) Drainage provisions shall accommodate increased runoff resulting from modified soil and surface conditions during and after development or land disturbance.

(f) Water runoff shall be minimized and retained on site wherever possible to facilitate groundwater recharge.

(g) Sediment shall be retained on site.

(h) Diversions, sediment basins and similar required structures shall be installed prior to any on-site grading or land disturbance.

(2) 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 drainagecourses. 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.

(3) 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 5,000 square feet of surface area of land as defined in the Soil Erosion and Sediment Control Act (c. 251, P.L. 1975)[1] 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 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.

[1] Editor's Note: See N.J.S.A. 4:24-39 et seq.

D. Maintenance. All erosion and sediment control measures installed shall be maintained for one 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.

E. 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 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 II.

F. Exemptions. The following activities are specifically exempt from the soil erosion and sediment control provisions:

(1) 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 or more such single-family dwelling units.

(2) Land disturbances of 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) 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.

(4) Use of land for gardening primarily for home consumption.

(5) Percolation tests and/or soil borings.

§ 230-117 Swimming pools.

A. 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 B below. However, no permit shall be required for a wading pool of the portable type with a depth of 18 inches or less.

B. 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. The application shall be accompanied by four sets of:

(1) A plot plan showing property lines of the premises, all existing houses and structures thereon, and the location and dimensions of the proposed private swimming pool or wading pool or alterations, remodeling or additions thereto, and its auxiliary structures and all existing fences or walls and the height thereof; and

(2) Plans and specifications for the proposed private swimming pool or wading pool or alterations, remodeling or additions thereto, and all auxiliary structures and appurtenances related thereto, and the location, height and aperture dimensions of the fence, together with the gate and its locking or latching devices, which is to be erected when such fencing is required under this chapter.

C. Approval of plot plan, plans and specifications. No permit for a private swimming pool or permanent wading pool or alterations, remodeling or additions thereto shall be issued by the Building Inspector until the plans, specifications and plot plans have been approved by the Borough Engineer and the Plumbing Inspector of the Borough, and such approval has been properly certified on the plans.

D. Fees. A fee of $1 shall be paid to the Borough for a private swimming pool permit, which permit fee shall be exclusive of the permit fees required for erection of any accessory structures to be used in connection with such private swimming pool. The above permit fee shall be payable annually on May 15 of each year.

E. 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.

F. Water supply. There shall be no physical connection between a potable public or private water supply system and such private swimming pools or wading pools. The outlet of the potable water supply shall be not less than six inches above the overflow level of the pool.

G. Discharge system. All private swimming pools or wading pools with a water depth of more than 18 inches hereafter constructed, installed, established or maintained within the Borough of Highland Park shall be provided with one drainage outlet not in excess of three inches in diameter extending from said pool to either a storm sewer, dry well or lawn-sprinkling system on the premises on which said private pool or wading pool is located. The discharge of water from such private swimming pools or wading pools into a storm sewer shall be permitted only following approval by the proper state, county and Borough officials, as each case requires. No private pool drain or wading pool drain shall be discharged or flow across any public walkways or public thoroughfares.

H. Disinfection. All private swimming pools and wading pools shall be treated with chlorine or its compound in sufficient quantity so that there will be present in the water at all times when the pool is in use a residual of excess chlorine of not less than 0.4 nor more than 0.6 parts per million of available free chlorine, or the equivalent thereof.

I. Bacteriological standards. Not more than 15% of the samples of water taken from any private swimming pool or wading pool when more than 20 samples have been examined, and not more than three samples when less than 20 samples have been examined, shall contain more than 200 bacteria per cubic centimeter or shall show positive test (confirmed) for coliform in any of five ten-cubic-centimeter portions of water at times when the pool is ready for use. For the purpose of this section, any number of samplings of water on a single day shall be considered as one sample. The local Board of Health is hereby authorized to take samples to ensure compliance with these requirements.

J. Accessory buildings. Locker rooms, bathhouses, cabanas, shower rooms, toilets, runways and all other physical facilities or equipment incident to the operation of any private swimming pool or wading pool shall be kept in a sanitary condition at all times.

K. Location. No private swimming pool or permanent wading pool, or alterations, remodeling or additions thereto with a capacity of more than 250 gallons, and no accessory building as set forth in Subsection J hereof, shall be constructed, erected, installed or maintained within 10 feet of any property line, excepting, however, from this requirement, a portable swimming pool or wading pool.

L. Fencing.

(1) 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.

(2) 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: a) emptied when not in use or unattended; or b) 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 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 the said pool is not in use or unattended.

(3) Whenever a fence or wall is required to be erected under this chapter it shall be at least four feet in height and shall be constructed as not to have openings, holes or gaps larger than three 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 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 or when said private swimming pool or wading pool is not being supervised.

M. Lighting. No artificial lighting shall be maintained or operated in connection with private swimming pools or wading pools in such a manner as to be a nuisance or an annoyance to neighboring properties, nor shall there be permitted any underwater lighting facilities in any private swimming pool or wading pool.

N. Enforcement.

(1) Every private swimming pool or wading pool, or alterations, remodeling or additions thereto, constructed, installed, established or maintained or to be constructed, installed, established or maintained in the Borough of Highland Park shall at all times comply with the requirements of the local Board of Health in accordance with this chapter. Any nuisance or hazard to health which may exist or develop in or in consequences of or in connection with any such private swimming pool or wading pool shall be abated and removed by the owner, lessee or occupant of the premises on which the said pool is located within 10 days of receipt of written notice from the Building Inspector or Sanitary Inspector of the Borough of Highland Park.

(2) It shall be the duty of the Building Inspector and the Sanitary Inspector, respectively, to enforce the provisions of this chapter.

(3) The owner or operator of any pool within the Borough shall allow the said Building Inspector and the Sanitary Inspector or other authorized official access to any private swimming pool and wading pool and appurtenances for the purpose of inspection to ascertain compliance with this chapter and all other pertinent ordinances at all reasonable times. Nothing contained in this section, however, shall in any way whatsoever supersede, waive, nor repeal the requirements of any and all other chapters of the Borough of Highland Park relating to structures and uses of property.

O. Penalty. Any persons, partnership, association or corporation, or any member thereof or officer of same who violates this section or any part thereof shall, upon conviction, forfeit and pay a fine not exceeding $200 or be imprisoned for a term not exceeding 90 days, or both, for each and every offense. Each and every day that a violation continues and each and every day after the ten-day notice provided for in Subsection N herein has been given, without abatement of the violation complained of, shall be deemed to be a separate offense.

§ 230-118 Trailers.

A. No trailer, auto trailer, trailer coach, travel trailer or camper shall be used for dwelling purposes or as sleeping quarters for one 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.

B. Temporary uses.

(1) "Temporary" for purposes of residential occupancy shall mean 90 days with an option to extend for one additional ninety-day period.

(2) "Temporary" pertaining to use as a model home and/or construction office shall mean occupancy during the time of construction.

(3) Any temporary office shall be removed within 15 days of issuance of the certificate of occupancy for the last unit or within 15 days of cessation of construction activity.

(4) The maximum allowable time period for a permitted temporary structure or use shall be set at one year.

§ 230-119 Yards.

A. 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 or more streets, including corner lots, front yard requirements shall be complied with on all street frontages.

B. No front yard 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.

§ 230-120 Outdoor cafes.

Outdoor cafes shall be permitted on sidewalks, plazas and courtyards, including areas within the public right-of-way, in accordance with the relevant Borough ordinances, and provided the following standards are met:

A. Pedestrian circulation or access to store entrances shall not be impaired. To allow for pedestrian circulation, a minimum of five feet of sidewalk along the curb and leading to the entrance to the establishment shall be maintained free of tables or other encumbrances.

B. The area occupied by the cafe may be defined by planters, posts with ropes or other removable enclosures located along its perimeter.

C. The area occupied by the cafe shall be paved using one or more of the recommended modular masonry materials, following the adopted Raritan Avenue sidewalk standard.

D. Outdoor cafes may be required to provide adopted trash receptacles, depending on the type of food service proposed.

E. The tables, chairs and other elements of street furniture shall be compatible with the architectural character of the building where the establishment is located.

F. Extended awnings, colorful canopies or large umbrellas shall be permitted and located to provide shade. Colors shall complement building colors.

G. Outdoor cafes shall not be entitled to additional signage over and beyond what is permitted for this type of establishment.

H. The operators of outdoor cafes shall be responsible for maintaining a tidy appearance within the area of their activities.

§ 230-121 Sidewalk display.

Sidewalk displays shall be permitted directly in front of an establishment to which they relate, provided the following conditions are met:

A. There shall be at all times at least five feet of clearance at the storefront entrance or wider if needed for adequate and uncluttered pedestrian access.

B. Display cases shall be located directly against the building wall, and shall be no more than two feet deep.

C. Display areas shall not exceed 50% of the length of the storefront.

D. Sidewalk displays shall maintain a tidy appearance at all times and shall be compatible with the colors and character of the storefront from which the business operates.

E. Sidewalk displays shall be limited to normal business hours, and display cases shall be removed at the end of the business day.

§ 230-122 Steep slopes.

A. Specific regulations. Site disturbance shall be limited on steep sloped areas, as defined by Subsection D(2).

B. Applicability. All applications for subdivision or site plan approval, grading or clearing of any lot, conditional use or use variance approval, and additions or new construction containing an increase of 600 square feet in building footprint or greater shall submit all information required under this section to the appropriate reviewing authority, which shall not approve the application unless the approval requirements of this section are met.

C. Steep sloped area identification.

(1) The application shall be evaluated to determine the presence of steep slopes with the following categories and the method outlined in Subsection D.

(a) Less than 10%.

(b) Ten percent to 14.99%.

(c) Fifteen percent to 19.99%.

(d) Twenty percent to 24.99%.

(e) Twenty five percent or greater.

D. Permitted slope activity.

(1) To the greatest extent possible, any applications for subdivision or site plan approval, grading or clearing of any lot, conditional use or use variance approval shall avoid disturbances of slopes of 10% or greater.

(2) Limited disturbance of steep slope areas is permitted, as follows:

	Table A
	Steep Slope Category	Maximum Disturbance
	10% to 14.99%	60%
	15% to 19.99%	30%
	20% to 24.99%	10%
	25% or greater	0%

E. Permitted disturbance.

(1) Disturbance within the allowed maximum disturbance limits as set forth in Subsection D may only be permitted where the applicant can show the reviewing body the following:

(a) Proposed excavation, removal, depositing or disturbance of soil is consistent with the intent of this chapter and will be executed in a manner that will not cause significant erosion or other unstable conditions.

(b) Provision shall be made for the proper disposition of surface water runoff so that it will not create unstable conditions. Appropriate storm drainage facilities shall be constructed as deemed necessary, and adequate protective measures shall be provided for downstream properties both during and after construction.

(c) Provision shall be made for any structures or protective measures that may be required for the protection of the public safety, including but not limited to retaining walls, headwalls and fences.

(d) Proper facilities have been or will be provided for a safe water supply and for the disposal of sanitary sewage as approved by the Highland Park Board of Health.

(e) Any proposed building or structure or attendant protective measures will not impede the flow of surface waters through any stream corridor or cause an increase in flood heights or velocities.

(f) Provisions shall be made for the proper disposal of surface water runoff, so that the proposed alteration will not create any unstable conditions.

(g) Roadways, drives and parking areas shall be designed such that any land disturbance will not cause significant erosion.

(h) Areas of disturbance shall comply with Chapter 388, Tree Removal and Protection, and the Stream Corridor Protection Overlay Zone (see § 230-148), if applicable.

(i) Degradation to water resources shall be avoided through the implementation of best management practices as defined by the NJDEP.

(j) Areas disturbed during construction shall be reestablished with proper vegetation to reduce erosion and water quality impairment.

F. Procedural requirements.

(1) Applicants for subdivision or site plan approval, grading or clearing of any lot, conditional use or use variance approval, or additions or new construction of 1,000 square feet in floor area or greater of any lot involving the disturbance of steep sloped areas shall submit the required information regarding steep slope conditions to the appropriate reviewing authority. Requests for permitted disturbance of steep sloped areas shall not be approved unless the following requirements have been met, in addition to the submission requirements of Article VIII. All submitted plans, details and calculations shall be prepared, signed and sealed by a New Jersey licensed professional engineer:

(a) Steep slope analysis, including an on-site topographic survey utilizing a one-foot contour interval where slopes are 7% or less, two feet where slopes are more than 7% but less than 14%, and five feet where slopes are 15% or more, to document steep sloped areas. Each category shall be separately identified and shaded on a plan showing the existing and proposed topographic information at a scale required as per site plan or subdivision submission requirements. The area designated as steep sloped shall be calculated in square footage and acres in the slope categories listed in Table A in Subsection D(2).

(b) Existing and proposed grades and existing and proposed spot elevations for all structures on site.

(c) Location and details of all drainage devices, retaining walls, cribbing, dams, dry wells, or other protective devices to be constructed, any existing or proposed swales, ditches, brooks or other drainage patterns.

(d) Profiles, cross sections and details of all retaining walls, showing the height of each wall, the elevation at the top and bottom of each wall, the materials used, any safety barriers, the calculations of anticipated earth and hydrostatic pressure and the calculations detailing the design of each wall.

(e) Limits of disturbance and clearing clearly demarcated.

(f) Landscaping plans with the proposed limits of disturbance and identification of all existing vegetation to be disturbed, as well as all other applicable requirements of the Borough's Tree Removal and Replacement Ordinance.

(g) Requirements of the environmental impact statement under § 230-81 shall apply, if applicable.

(h) Requirements of the Stream Corridor Overlay Zone under § 230-148 shall apply, if applicable.

G. Time for decision. The appropriate reviewing agency shall approve, approve with conditions or deny an application for a steep slopes disturbance approval within 45 days from the date of submission of a completed application. Where the request for steep slopes disturbance is part of a site plan, subdivision or variance application, the time period regulating those applications shall apply.

H. Fees. All applications involving steep sloped areas shall submit $150 in application fees and $300 in initial escrow fees.

I. Waiver. An applicant may seek relief from these requirements by variance granted by the approving authority (Planning Board or Zoning Board of Adjustment).

J. Conservation easements. Any applications for subdivision or site plan approval, grading or clearing of any lot, conditional use or use variance approval shall, to the greatest extent possible, protect undisturbed slopes of 15% or greater with a conservation easement or deed restriction. All such easements or deed restrictions shall be in a form satisfactory to the Borough Attorney.

§ 230-122.1 (Reserved) [1]

[1] Editor's Note: Former § 230-122.1, Attached garages, added 10-5-2010 by Ord. No. 10-1794, was repealed 8-2-2022 by Ord. No. 22-2055.