[Amended 5-14-2014]
Along all business and D Distillery and Bottling Plant District lot lines where said lot lines are within the buffer width required from the zone line for the zone in which the lot is located and/or where the center line of an abutting street is the zone line, buffers are required, except as noted in Subsection E below. Buffer requirements for the mixed housing district are covered in § 102-85. Buffer areas shall comply with the following standards:
A. The buffer area shall be located in the district or on the lot which requires it. The minimum buffer width provided shall be 10 feet.
B. Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass by the owner or his or her agents.
C. No structure, activity, storage of materials or parking of vehicles shall be permitted in the buffer area, except for access drives from public streets and directional and safety signs per each direction of traffic per access drive.
D. Buffer widths shall be established in each zoning district. The buffer area shall be planted and maintained with grass or ground cover, massed evergreens and deciduous trees and shrubs of such species and size as will produce, within two growing seasons, a screen at least four feet in height and of such density as will obscure, throughout the full course of the year, all of the glare of automobile headlights emitted from the premises.
(1) Screen planting shall be maintained permanently by the owner or his or her agents, and any plant material which does not live shall be replaced within six months.
(2) The screen planting shall be so placed that at maturity it will be not closer than three feet to any street or property line.
(3) A clear sight triangle shall be maintained at all street intersections and at all points where private accessways intersect public streets. Private accessways shall maintain a sight triangle by having no planting, grading, dirt or structures higher than 2 1/2 feet above the street center line located within the sight triangle.
(4) The screen planting shall be broken only at points of vehicular and pedestrian ingress and egress.
(5) This landscaping is in addition to any other landscaping required in this chapter. Landscaping plans shall be drawn, signed and sealed by a licensed landscape architect.
E. No screen planting shall be required along streets which form district boundary lines, provided that only the front of any proposed building shall be visible from the adjacent residential districts.
All parking, loading and unloading areas and walkways thereto and appurtenant passageways and driveways serving commercial, public office, industrial or other similar uses having off-street parking and loading areas and building complexes required area lighting shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. The lighting plan in and around the parking areas shall provide for nonglare, color-corrected lights, focused downward. The light intensity provided at ground level shall be a minimum 0.3 footcandle anywhere in the areas to be illuminated, shall average a minimum of 0.5 footcandle over the entire area and shall be provided by fixtures with a maximum mounting height of 25 feet measured from the ground level to the center line of the light source or the height of the building, if attached, whichever is lower, and spacing not to exceed five times the mounting height. Except for low-intensity sign and exterior building surface decorative lighting, for each fixture, the total quantity of light, in lumens, radiated above a horizontal plane passing through the light source shall not exceed 2 1/2% of the total quantity of light, in lumens, emitted from the light source. Any other outdoor lighting, such as building and sidewalk illumination and driveways with ornamental light, shall be shown on the lighting plan in sufficient detail to allow determination of the effects to adjacent properties, traffic safety and overhead sky glow. The objective of these specifications is to minimize undesirable off-premises effects. No light shall shine directly into windows of off-site buildings or onto streets and driveways in such manner as to interfere with or distract driver vision. To achieve these requirements, the intensity of such light sources, light shielding and similar characteristics shall be subject to site plan approval. No lighting shall be pulsating or moving or shall give the illusion of movement.
A. Lot dimensions and area shall not be less than the requirements of the zoning provisions of this chapter.
B. Insofar as is practical, side lot lines shall not deviate more than 10 from either the right angle of a straight street or the radial of a curved street.
C. Each lot must front upon an approved public street having a right-of-way at least 50 feet in width.
D. Where extra width has been dedicated for widening of existing streets, lots shall begin at such new street right-of-way line, and all setbacks shall be measured from such line. Where extra width has not been dedicated for street widening purposes and the additional width is required to meet this chapter, the adopted Township Master Plan, county design standards or the adopted Route 34, Colts Neck, Highway Access Management Plan, said future right-of-way shall be shown on the subdivision or site plan as "reserved for future road purposes," even though not dedicated, and such future right-of-way line shall be used for measuring all lot area and setback requirements. [Amended 8-13-1997]
E. Where there is a question as to the suitability of a lot or lots for their intended use, due to factors such as poor drainage conditions, inadequate buildable area, adverse topographical conditions, wetlands or flood conditions, where permeability and/or similar tests or test borings show the ground conditions to be inadequate for proper sewage disposal for on-lot sewage treatment or similar circumstances, the approving authority may, after adequate investigation, withhold approval of such lots. If approval is withheld, the approving authority shall give the reasons and nature of the investigation made, notify the applicant and enter the same in the minutes.
F. Corner lots. Structures located on a corner lot shall be set back from both streets the required front yard distance, but in no case less than that required for the clear line of sight. The following methodology shall be used to determine side and rear setback lines for corner lots: [Amended 5-25-2005]
(1) Lot lines of corner lots that are coexistent with side lines of abutting lots shall be considered side lines.
(2) Lot lines of corner lots that are coexistent with rear lines of abutting lots shall be considered rear lines.
(3) Lot lines of corner lots that are coexistent with lot lines of adjoining corner lots shall be considered side lines.
G. Contiguous undersized lot(s) under one ownership are considered one lot.
A. Landscaping
(1) For lots in residential zones containing other than a single-family dwelling use, all-season screen planting of a dense evergreen material not less than four feet in height shall be provided between off-street parking areas and any lot line or street line; such planting shall be located within 15 feet of the edge of the parking areas. In lieu of screen planting, a fence of woven lattice, wooded louvre-type of split cedar fence with a maximum of 3/4 inch spacing or any combination of plantings and fences may be provided and shall be not less than four feet or not more than six feet in height, maintained in good condition and without advertising. All fences shall be landscaped.
(2) A minimum of 5% of the interior of any parking area over 5,000 square feet shall be landscaped within the parking area, with shrubs no higher than four feet when fully grown and/or with trees with lower branches removed so as not to cause traffic hazards. In rows of parking spaces, an area equal to at least one parking space out of every 10 parking spaces or an alternate arrangement providing equal landscaped area which the Planning Board determines meets the intent of this provision shall be provided. This landscaping is in addition to any other landscaping requirements of this chapter.
(3) All planting and landscaping plats must be drawn, signed and sealed by a licensed landscape architect. Required planting and landscaping on private property shall not be considered to have been provided unless it is maintained in good condition by the owner.
B. Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and streets. See § 102-117.
C. Surfacing and curbing.
(1) Surfacing.
(a) Unless specifically stated elsewhere in this chapter, any parking lot and access drive shall be paved as outlined below or the equivalent as determined by the Township Engineer. All parking areas, regardless of size and location, shall be suitably drained and maintained. Areas of ingress or egress, loading and unloading areas, major interior driveways or access aisles and other areas likely to experience similar heavy traffic shall be paved with four inches of compacted bituminous stabilized base course, Mix I-2. The material shall be prepared in accordance with Sections 903 and 904 and shall be constructed in accordance with Section 304 of the New Jersey Highway Department Standard Specifications for Roads and Bridge Construction/1989 and amendments thereto.
(b) A two-inch-thick compacted wearing surface of bituminous concrete, Mix I-5, shall be constructed thereon. The materials provided shall be in accordance with Sections 903 and 904 and shall be constructed in accordance with Section 404 of the aforesaid New Jersey State Highway Department Specifications and amendments thereto.
(c) Parking stall areas and other areas likely to experience similar light traffic shall be paved with three inches of compacted bituminous stabilized base course, Mix I-2, prepared and constructed in accordance with sections of the New Jersey Highway Department Standard Specifications cited in Subsection C(1)(a) above. A one-and-one-half-inch compacted wearing surface of the bituminous concrete, Mix I-5, shall be constructed thereon in accordance with the section of the New Jersey Highway Department Specifications cited within Subsection C(1)(b) above.
(d) Where subbase conditions of a proposed parking area are wet, springy or of such a nature that surfacing would be inadvisable without first treating the subbase, the treatment of the subbase shall be made in the following manner. The areas shall be excavated to a depth of six inches to 12 inches below the proposed finished grade and filled with suitable subbase material as determined by the Township Engineer. Where required by the Township Engineer, a system of porous concrete pipe or equivalent subsurface drains shall be constructed beneath the surface of the parking area and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material as described heretofore shall be spread thereon.
(2) Curbing.
(a) All off-street, bituminous concrete surface parking lots shall be provided with curbing or the equivalent, so that vehicles cannot be driven onto required landscaped areas, buffer zones and street rights-of-way and so that each parking lot has controlled entrances and exits and drainage control.
(b) Curbing or wheel stops shall be located to prevent any part of the vehicle from overhanging the street right-of-way, required landscaped areas, property lines or internal sidewalks. Parking spaces shall not be an extension of any street right-of-way.
(3) All off-street parking lots shall have adequate designations to indicate traffic flow and parking spaces.
D. Access. Except for single-family dwellings, access points from any one lot crossing the street line shall be limited to the more restrictive provision of either the Route 34, Colts Neck, Highway Access Management Plan for developments located in the area included in that Plan or the following: a maximum of two means of ingress and two means of egress along the frontage of any single street, and the center lines of any separate access points shall be placed at least 65 feet apart; shall handle no more than two lanes of traffic; shall be at least 150 feet from the street line of any intersecting street; and shall be at least 40 feet from any property line. For all uses, continuous open driveways in excess of 16 feet at the street line shall be prohibited, except that for nonresidential uses where driveways of more than 16 feet may be permitted with the approval of the approving authority after giving due consideration to the proposed width, curbing, direction of traffic flow, radii of curves and traffic lane dividers. For all uses, curbing shall be either depressed at the driveway or have the curbing rounded at the corners and the driveway connected with the street in the same manner as another street. [Amended 8-13-1997]
E. Location, provision and maintenance of parking areas.
(1) Parking spaces shall be provided and maintained as long as the buildings and premises are used for the purposes indicated, and they may not be considered as provided unless reasonable precautions are taken to assure their use only by persons residing or employed in or visiting the building or premises for which they are provided and unless the parking surface is kept clean, free of grass and weeds, in good repair and associated landscaping is kept living, free of tall grass and weeds and in good health. Required off-street parking spaces shall be on the same lot or premises with the use served, regardless of the number of spaces required by this chapter. Off-street parking may occupy front, side and rear yard areas subject to site plan approval but shall be no closer than 25 feet to any street line or 10 feet to any other lot line. [Amended 5-25-2005]
(2) For nonresidential uses, no parking of vehicles shall be permitted in fire lanes, driveways, aisles or turning areas and street rights-of-way. Nothing shall prohibit driveways for one-family dwellings from being considered one off-street parking space if all ordinance requirements are met.
F. Type of facility. Parking spaces for nonresidential facilities shall be paved and on the surface of the ground. Underground or multistory parking garages are prohibited.
G. Number of spaces, access and parking space dimensions. The provision of the parking spaces required for each use shall be held to be the minimum number of spaces required and the owner shall provide the necessary additional spaces, should experience indicate that the spaces provided are inadequate. All parking spaces shall include adequate driveway and necessary turning areas for handling emergency vehicles and all vehicles reasonably expected to utilize the area. Parking areas shall be designed to permit each motor vehicle to proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle. Aisles providing access to parking spaces shall have the following minimum dimensions. Where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail.
H. See also definition of parking space in Article III.
I. Stockpiling of snow. All parking lots shall be designed with consideration given to areas which can accommodate the stockpiling of snow.
A. Electricity. Electric or electronic equipment shall be shielded so there is no interference with any radio or television reception at the lot line or beyond as the result of the operation of such equipment.
B. Glare. No use shall produce a strong dazzling light or a reflection of a strong dazzling light or glare beyond its lot lines. Exterior lighting shall be shielded, buffered and directed so that glare will not become a nuisance to adjoining properties, adjoining districts or streets.
C. Heat. No use shall produce heat perceptible beyond its lot lines. Further, no process shall be permitted which would cause the temperature to rise or fall in any part of ponds, steams or other watercourses without approval from the approving authority.
D. Noise.
(1) Noise limits; measurement.
(a) At no point on the boundary or outside the property from where the noise source emanates shall the sound level of any operation (other than the operation of motor vehicles or other transportation facilities on public highways, short-term operations involved in the construction or demolition of structures, emergency alarm signals or time signals) exceed the decibel levels in the designated octave bands as stated below.
(b) The sound-pressure level shall be measured with a sound-level meter meeting the specifications of S1.4-1971 and an octave band filter set meeting the specifications of S1.11-1966, both specifications of the American National Standard Institute, New York, New York, as amended.
(c) If the noise will be incapable of being measured with the sound-level meter and octave band analyzer, then the noise shall be measured by substituting an impact noise analyzer (General Radio Company, Type 1556 A-1955, or equivalent) for the octave band analyzer to determine the peak value of the impact.
(2) In cases where there is serious question whether a noise will be of nuisance outside the property lines containing it and if the noise is incapable of being measured with an impact analyzer, then the noise-producing activity shall not be permitted. If the noise source is already in existence, the noise shall be controlled to eliminate the nuisance.
(3) The maximum permissible sound-pressure levels for smooth and continuous noise shall be as follows (all of the decibel levels stated below shall apply in each case) between the hours of 7:30 p.m. and 7:30 a.m. (Source: Public Health News, New Jersey Department of Health, November 1963.)
NOTE: Reference 0.0002 dynes per square centimeter.
(4) If the noise is not smooth and continuous or it is not radiated at nighttime, one or more of the corrections below shall be added or subtracted from each of the decibel levels given above to determine the maximum allowed.
*NOTE: Apply only one of these corrections per site.
E. Odor. Odors shall not be discernible at the lot line or beyond.
F. Storage and waste disposal.
(1) No highly flammable or explosive liquids, solids or gases shall be stored in bulk above ground except tanks or drums of fuel directly connecting with energy or heating devices or to appliances located and operated on the same lot upon which the tanks or drums of fuel are located.
(2) All storage facilities shall be enclosed in a building.
(3) 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, watercourse or underground aquifer or otherwise render such stream, watercourse or underground aquifer undesirable as a source of water supply or recreation or which will destroy aquatic life be allowed to enter any stream, watercourse or underground aquifer.
(4) All materials or wastes, except animal waste, which might cause fumes or dust or which constitute a fire or explosion hazard or which may be edible or otherwise attractive to rodents or insects shall be stored indoors and enclosed in appropriate containers adequate to eliminate such hazards. Animal waste may be stored out of doors if appropriate measures are taken to prevent health hazards and water contamination.
(5) No toxic waste shall be stored on site without approval of the approving authority or the Township Committee.
G. Vibrations. No use shall cause earth vibrations or concussions in excess of the standards outlined below, with the exception of that vibration produced as a result of short-term construction activity. The standards below are as set forth in the table of frequency amplitude relations. Vibrations shall be expressed as displacement in inches and shall be measured with a standard three-component measuring system, which is a device for recording the intensity of any vibration in three mutually perpendicular directions.
A. No service station or public garage shall have an entrance or exit for vehicles within 200 feet of an entrance or exit, along the same side of a street or across the street, from any firehouse, public or private school, park, playground, church, hospital, public building or institution, except where such property is in another block or abuts another street which the lot in question does not abut. No service station or public garage shall be within 2,500 feet of another service station or public garage, measured the shortest distance from property line to property line along street rights-of-way and, where measurements cross street rights-of-way, perpendicular to the street right-of-way. Driveways, aprons, parking areas and other portions of the site traveled by motor vehicles shall be located and paved in accordance with the off-street parking provisions of this chapter. Access to service stations shall be in conformance with the Route 34, Colts Neck, Highway Access Management Plan. [Amended 8-13-1997]
B. All appliances, pits, storage areas, trash facilities and accessory items displayed, other than gasoline filling pumps or air pumps, shall be within a building. Gasoline filling pumps and air pumps shall be permitted within the required front yard space of service stations but shall be no closer than 50 feet to any future street line. All repair work shall be performed in a fully enclosed building, and no dismantled parts shall be displayed outside of an enclosed building.
C. No junked motor vehicle or part thereof or not more than four motor vehicles incapable of normal operation upon the highways shall be permitted on the premises of any service stations or public garage not within a closed and roofed building; except, however, that an additional number, not exceeding six motor vehicles, may be located upon any service station or public garage premises outside of a closed or roofed building for a period of time not to exceed seven days, provided that said motor vehicles are awaiting repair by the owners thereof.
A. Upon the approval and issuance of a temporary sidewalk sales permit by the Township Administrator, any store may conduct a sidewalk sale with merchandise displayed outdoors or in a tent for a maximum period of three days and shall be limited to a maximum of two occurrences per calendar year. All merchandise displayed shall be from one or more of the stores involved in the sidewalk sale.
B. Additional temporary signs shall be limited to two signs, with a combined maximum total area of 32 square feet, and may be displayed in addition to other signs allowed by ordinance. This temporary sign may be displayed for a maximum of one week prior to and during the sale. All other sign regulations of this chapter shall apply (see § 102-109H).
C. An applicant for a temporary sidewalk sales permit shall provide the Township Administrator with a statement of the name and address of the applicant, a sketch drawn to scale showing the location and size of the sales area(s) involved, a description of arrangements for parking, a description of the activities planned and of the inventory which will be the subject of the sale and the facilities to be employed in connection with the sale.
D. An application for such permit shall be accompanied by a fee of $15. No fee shall be payable for a permit to be issued for a second sidewalk sale on the same premises in any calendar year.
E. The Township Administrator shall consult with the Chief of Police to determine if the proposed sale can be conducted without causing safety problems and may require the applicant to provide personnel to direct traffic. The Township Administrator shall also consult with the Health Officer concerning public health considerations. If the Township Administrator finds that no health, public safety or public nuisance is likely to be created and will not disrupt normal activities in the area, he or she may issue the required permits.
A. All signs, except temporary real estate signs, require Planning Board approval, unless specifically stated otherwise herein. Modification or relocation of existing signs require reapproval.
B. Outdoor signs. Except for seasonal decorations, as covered in Subsection C herein, billboards, balloons or air- or gas-filled object or sign pictures of products or services or other structures for advertising or display purposes shall not be erected or utilized in any zone except as specifically allowed in this chapter. No sign of any type shall be permitted to obstruct driving vision, traffic signals or traffic direction and identification signs. Signs shall be directly related to the business being conducted on the premises.
(1) Animated flashing and illusionary signs and balloons or gas- or air-filled objects or sign pictures of product or services. Signs using mechanical, electrical and/or other means or devices to display flashing, movement or the illusion of movement are prohibited. Balloons or air- or gas-filled object or sign pictures of products or services or similar objects or other physical objects used for advertising or display purposes, with or without lettering, shall meet all sign requirements herein and shall not be utilized at a height above ground level exceeding the sign height requirements herein.
(2) Height. No freestanding or attached sign shall exceed the maximum height provided in the district. In any event, no sign shall exceed any lesser height if specified elsewhere in this chapter and shall not be higher at any point than the roof of the building if it is attached to a building.
(3) Illuminated signs, where permitted, may be externally illuminated and so arranged as to reflect the light and glare away from adjoining premises in any residential zoning district and away from adjoining streets. Illuminated signs shall comply with the National Electric Code. Neon lighted signs are prohibited. All signs shall may be externally illuminated, with said lights a maximum distance of six feet from the sign and of such design as to minimize sky glare. The base of the lights shall be screened by landscaping or other method approved by the approving authority. [Amended 7-9-2008]
(4) Maintenance. Signs must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.
(5) Real estate signs temporarily advertising the sale, rental or lease of the premises or portion thereof shall be, if not attached to the building, set back at least 10 feet horizontally from the street curbline or edge of pavement. Such signs shall not exceed nine square feet on each side and shall not be more than five feet high and shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter of business being advertised. All such signs do not need a sign permit or site plan approval.
(6) Sign area shall be measured around the outside edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background, whether open or enclosed, but said area shall not include any supporting framework and bracing incidental to the display itself. Freestanding signs may carry advertising or displays on a maximum of two sides.
(7) Farm signs identifying the name of the farm shall not exceed 12 square feet on each side, shall not exceed eight feet in height, may be externally illuminated and shall be located no closer to the street than the future street right-of-way line. [Amended 7-9-2008]
(8) Temporary farm stand and pick-your-own agriculture signs.
(a) Two nonilluminated temporary signs with a maximum total area of 64 square feet of sign area, one double-sided four-foot-by-eight-foot sign or two single-sided four-foot-by-eight-foot signs are permitted at each road frontage for the site upon which the crop is being sold. Said sign shall not exceed 10 feet in height and shall not be illuminated. In addition, traffic control exit and entrance signs, not to exceed eight square feet in sign area, may be used. Lettering on these signs shall be limited to traffic control information and the name of the farm stand. No trucks, wagons, trailers or similar vehicles with lettering or pictures of products on their sides shall be parked on the sales field location or on other fields in such a location as to serve as a sign along a street or highway. Such signs shall be located no closer to a street or road than the property line. [Amended 7-9-2008]
(b) Such signs require a temporary outdoor sign permit approved and issued by the Township Administrator. The application for such a permit shall include a sketch showing the size of the sign(s) and their location relative to the property lines of the field involved and to bordering streets and highways. The permit shall be for a maximum specific interval consistent with the sales period for the crop involved as follows: 30 days for strawberries; 90 days for corn; 45 days for pumpkins; or as otherwise specified by the granting agent.
(9) Signs advertising a new major subdivision. For the purposes of this section, a sign shall not be constructed of masonary, brick, concrete, stone or other similar materials nor shall it give the appearance of being a wall, fence or similar barrier. A new major subdivision or site may have a maximum of two temporary signs, with a combined maximum of 32 square feet of sign area total per development. The sign shall not exceed a height of eight feet and shall not be illuminated. Sign approval must be obtained as part of the subdivision or site plan approval or as a freestanding sign not included in a subdivision or site plan approval. The approval shall limit the sign life to the period that the development is covered by a performance bond. The Planning Board may extend this interval for good cause. No sign shall be erected until preliminary Planning Board approval thereof. Such signs shall be kept in good repair and shall be located on the site where construction is taking place. [Amended 8-30-2000]
C. Outdoor seasonal decorations. The display of seasonal decorations is exempt from sign requirements but shall meet the following requirements:
(1) Seasonal decorations, exempt from sign ordinance requirements, are permitted for and limited to the following major holidays which customarily involve large scale commercial seasonal theme decorations:
(a) Easter.
(b) Halloween.
(c) Thanksgiving.
(d) Christmas.
(e) Mother's Day.
(f) Chanukah.
(g) Passover.
(2) Decorations using mechanical, electrical, wind and/or any other means or devices to display flashing, movement or the illusion of movement are prohibited. Twinkle Christmas tree lights are exempt from this requirement.
(3) Location. One display is permitted per lot or one display per business establishment or temporary, seasonal farm stand located on the same lot as the business or farm stand. Setbacks shall be the same as for a principal structure.
(4) Height. Maximum height shall be 35 feet, however, gas-filled balloons are exempt from this height requirement.
(5) Display period.
(a) For Halloween and Christmas: 31 days.
(b) All other holidays: 15 days.
(6) Permit. A seasonal decoration display permit shall be approved by and obtained from the Zoning Officer. The application shall include the following information and a fee shall be paid: [Amended 11-10-1999]
(a) Dimensioned drawings of the display, showing size and mounting height.
(b) A plat plan, showing the location of the display relative to lot lines and nearby structures and the calendar interval when the display will be utilized.
D. Indoor signs. Illuminated signs or flashing lights within a structure or building are allowed only if they are not plainly visible outside the structure to the general public when 100 feet or more from any part of the structure. Temporary, nonilluminated sale signs within a building, plainly visible outside the structure to the general public 100 feet or more from any part of the structure shall not be displayed on a continuous basis for more than 15 days. The same or similar sign shall not be displayed again within 90 days of its last permitted interval. Such signs shall meet all permitted sign area requirements for signs on buildings.
