A. Within any residential district, no building with a permitted home professional office or home occupation shall be constructed or altered so as to be inharmonious to the residential character of adjacent structures.
B. The types of construction not considered to be residential in character include store front type of construction, garage doors (larger than needed for passenger vehicles or light commercial vehicles), and unfinished concrete blocks or cinder block wall surfaces.
The exterior elevations shall be arranged and outer walls on nonresidential buildings shall be faced with materials approved by the Planning Board in conjunction with site plan approval. The architecture of all buildings shall be compatible with structures on adjacent lands and in the neighborhood.
The outdoor storage of an unoccupied recreational vehicle, motor home, travel trailer, camper or small boat shall be permitted on single-family properties provided that:
A. Travel trailer, camper or small boat shall not exceed twenty-eight (28') feet in length and eight (8') feet in width.
B. Only one (1) travel trailer or camper and one (1) small boat, except for boats propelled only by oars or paddles (rowboats, canoes, kayaks, and dinghies), shall be permitted to be stored outdoors at a single family residence. No boat or recreation vehicle shall be stored within the front yard setback area or within ten (10') feet of a side property line, except that in the R-7 and R-15 Districts, one may be stored within the front or side yard setbacks. No recreational vehicle or boat may be stored that is in a state of substantial disrepair or derelict.
C. Any such vehicles stored in accordance with this section shall not be occupied and shall not be provided with utility connections.
D. Permanent or temporary overnight occupancy or use of a trailer, travel-trailer, motor home, boat or recreational vehicle is not permitted in any zone except that, in emergency situations, such occupancy or use may be permitted by the Director of Inspections for a period not to exceed one hundred twenty (120) days. Where the Director approves such emergency occupancy, he shall so advise the Township Committee and give the location, period and reasons for the approval. The Committee may approve or disapprove such occupancy or may impose such additional limitations to the occupancy as it deems appropriate. For good cause shown, the Committee may extend the period of occupancy.
A. No commercial motor vehicle having a rated maximum gross vehicle weight (GVW) in excess of ten thousand (10,000) pounds or having more than two (2) axles, shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site.
B. No more than one (1) motor vehicle with commercial vehicle registration having a weighted maximum gross vehicle weight (GVW) of ten thousand (10,000) pounds or less shall be parked or stopped overnight on any occupied property which is primarily used for residential purposes, except for vehicles engaged in construction, parked or stored on an active construction site. Said vehicle must be utilized by at least one (1) of the occupants of the residence. This provision shall not apply to passenger vehicles with commercial vehicle registration. [Ord. No. 2005-2815]
C. The aforementioned regulations for commercial vehicle storage shall not apply to vehicles located on and necessary to the operation of a farm.
No building, structure or use shall be permitted within areas defined as wetlands by the New Jersey Wetlands Act of 1970 (N.J.S.A. 13:9A-1 et seq.) and the Freshwater Wetlands Act of 1987 (N.J.S.A.13:9B-1 et seq.) and delineated on the wetlands maps prepared by the New Jersey Department of Environmental Protection and Energy or delineated in accordance with regulations promulgated under the applicable Act, except in accordance with a permit issued under the applicable Act.
A. A developer applying for site plan or subdivision approval pursuant to Article 6 of this Chapter, may be required to submit a Soil Erosion and Sediment Control Plan as is required by the Freehold Soil Conservation District. In determining whether an applicant should be required to submit said plan, the Municipal Agency shall consider the applicable State regulations, the extent of land disturbance existing and proposed, the topography of the site and size of the proposed structure and/or building.
B. Soil Erosion and Sediment Control Plans shall be reviewed and certified by the Freehold Soil Conservation District when in conformance with the Standards for Soil Erosion and Sediment Control.
C. The Municipal Agency may seek the assistance of the Freehold Soil Conservation District in the review of such plans and may deem as approved those plans which have been reviewed and certified by the Freehold Soil Conservation District.
A. In residential zones, including the R-O Residence, and in the Office Zone, the following antenna structures shall be permitted as accessory structures to a principal residential structure or permitted conditional use on the same lot. No such antenna structures may serve more than one (1) residential lot unless the supporting structure conforms to the minimum regulations on the lot on which it is located and no connecting cables cross property other than that owned by the persons served by the antenna.
1. Two (2) conventional television and/or radio antenna structures attached to a building provided that they do not exceed the height limitations for the zone by more than fifteen (15') feet. Antenna structures operated by holders of a Federal Communications Commission Amateur Radio License may exceed the height limitations for the zone by thirty-five (35') feet. Such antennas which exceed twenty (20') feet above the point of attachment to the building shall be built to withstand winds of sixty (60) miles per hour.
2. Freestanding, noncommercial, mast or pole type radio and/or television antenna structures and one (1) tower-type radio and/or television antenna structure provided that they shall only be placed in the rear yard area, shall be located no closer than fifteen (15') feet to any property line, and may exceed the height limitations for the zone by not more than fifteen (15') feet. Antenna structures operated by holders of a Federal Communications Commission Amateur Radio License may exceed the height limitations for the zone by thirty-five (35') feet. Such structures over twenty (20') feet in height shall be built to withstand winds of sixty (60) miles per hour.
3. One (1) satellite dish antenna structure erected on a secure ground-mounted foundation provided that it shall only be placed in the rear yard, shall conform to the setbacks for a principal structure in the zone, and shall not exceed sixteen (16') feet in height or twelve (12') feet in diameter. Any wires or connecting cables shall be buried underground unless the antenna is located immediately adjacent to and mounted no more than seven (7') feet from the structure being served. Each such structure shall be screened by fencing, other structures and/or nondeciduous plantings of sufficient number and height to obstruct any clear view of the antenna from any adjacent conforming residential property, any residential zone, or any public street.
B. In business, manufacturing, and office-research zones, the following antenna structures shall be permitted as accessory structures to a principal use, other than a residential use, on the same lot. No such antenna structures may serve more than one (1) lot unless the supporting structure conforms to the minimum regulations on the lot on which it is located and no connecting cables cross property other than that owned by the persons served by the antenna.
1. Conventional television and/or radio antenna structures attached to each building provided that no antenna structure shall exceed the height limitations for the zone by more than fifteen (15') feet. Such structures which exceed twenty (20') feet above the point of attachment to the building shall be built to withstand winds of sixty (60) miles per hour.
2. Freestanding, conventional, noncommercial radio and television antenna structures provided that such antenna structures shall only be placed in the rear yard, shall adhere to setback and yard requirements for accessory structures in the particular zone but in no case shall be closer than fifty (50') feet to any residential property line or zone boundary or closer than fifteen (15') feet to any other property line and shall not exceed the height limitations for the zone by more than fifteen (15') feet. Such structures over twenty (20') feet in height shall be built to withstand winds of sixty (60) miles per hour.
3. Satellite dish antennas. Such antenna structures shall be erected on a secure ground-mounted foundation located in the rear yard or may be mounted on a flat roof provided that it is no higher than fifteen (15') feet above the roof line and is concealed from public view. No antenna structure shall exceed twelve (12') feet in diameter. Ground-mounted antenna structures shall conform to the setbacks for a principal structure in the zone, shall not exceed sixteen (16') feet in height, and shall in no case be located closer than fifty (50') feet to a residential property line or zone boundary. Wires or connecting cable for ground-mounted antenna shall be buried underground. Each ground-mounted antenna shall be screened by fencing, other structures and/or nondeciduous plantings of sufficient number and height to obstruct any clear view of the structure from any adjacent conforming residential property, any residential zone or any public street.
[Ord. No. 2009-2989 § 4; Ord. No. 2012-3073 § 2]
Within a flood hazard area designated pursuant to Article 9, Section 16-901A5.a.1 or 16-940.F.3 and regulated pursuant to Section 16-940, the following definitions are established and the following design standards shall apply to developments requiring a floodplain encroachment permit:
A. Definitions. Certain words, phrases and terms in this section are defined by the U.S. Department of Housing and Urban Development, Federal Insurance administration, National Flood Insurance Program, for the purposes of this section and are contained in Section 16-203, Definitions, of this Chapter as follows. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application. [Ord. No. 2013-3082 § 2]
1. Advisory Base Flood Elevation (ABFE).
2. Advisory Flood Hazard Area (AFHA).
3. Advisory Flood Hazard Map.
4. Appeal.
5. Area of Shallow Flooding.
6. Area of Special Flood Hazard.
8. Base Flood.
9. Basement.
10. Breakaway Wall.
11. Coastal High Hazard Area.
12. Development.
13. Digital Flood Insurance Rate Map (DFIRM).
14. Elevated Building.
15. Erosion.
16. Flood or Flooding.
17. Flood Insurance Study.
18. Flood Plain Management Regulations.
19. Floodway.
20. Highest Adjacent Grade.
21. Historic Structure.
22. Lowest Floor.
23. Manufactured Home.
24. Manufactured Home Park or Manufactured Home Subdivision.
25. New Construction.
26. New Manufactured Home Park or Subdivision.
28. Recreational Vehicle.
29. Sand Dunes.
31. Structure.
32. Substantial Damage.
34. Variance.
B. Anchoring.
1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
2. All manufactured homes shall be anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to the use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces.
C. Construction Materials and Methods.
1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
2. All new construction of substantial improvements shall be constructed by methods and practices that minimize flood damage.
D. Utilities.
1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into system;
2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood damage.
3. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and
4. Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
E. Subdivision Proposals.
1. All subdivision proposals shall be consistent with the need to minimize flood damage.
2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.
3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
4. Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the less of fifty (50) lots or five (5) acres.
5. In reviewing subdivision applications, Section 16-513, Preservation of Natural Features, and 16-624, Lot Design and Critical Area Requirements, may be applied.
F. Residential Construction.
1. New construction or substantial improvement of any residential structure shall have the lowest floor, including basement, together with the attendant utilities and sanitary facilities elevated in conformance with the NJDEP Flood Hazard Area Control Rules. [Ord. No. 2005-2815; Ord. No. 2012-1373 § 2; Ord. No. 2013-3082 § 2]
2. Within any AO zone on the municipalitys' FIRM that all new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet (at least two (2') feet if no depth number is specified), or in conformance with NJDEP Flood Hazard Area Control Rules, whichever is more restrictive. And, require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures. [Ord. No. 2013-3082 § 2]
G. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one (1') foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
H. Nonresidential Construction.
1. In an area of Special Flood Hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall:
a. Either have the lowest floor, including basement, elevated to the level of the base flood elevation or NJDEP advisory base flood elevation, whichever is more restrictive; or together with the attendant utilities and sanitary facilities, and [Ord. No. 2013-3082 § 2]
b. Within any AO zone on the municipality's DFIRM to have the lowest floor, including basement, elevated above the highest adjacent grade at least as high as the depth number specified in feet (at least two (2') feet if no depth number is specified), or NJDEP advisory base flood elevation, whichever is more restrictive, and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures; [Ord. No. 2013-3082 § 2] or
a. Be flood-proofed so that below the base flood level in conformance with the NJDEP Flood Hazard Area Control Rules the structure is watertight with walls substantially impermeable to the passage of water; [Ord. No. 2013-3082 § 2]
b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,
c. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in Section 16-940.F.9.b.
I. Manufactured Homes.
1. Manufactured homes shall be anchored in accordance with Section 16-527.B.2.
2. All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is elevated in conformance with the NJDEP Flood Hazard Area Control Rules. [Ord. No. 2012-3073 § 2; Ord. No. 2013-3082 § 2]
J. Additional Conditions.
In areas of special flood hazard, any or all of the following measures may also be required:
1. Floodproofing to include any or all of the following:
a. Installation of watertight doors, bulkheads, and shutters or similar devices;
b. Reinforced walls to resist water pressures;
c. Use of paints, membranes, or mortars to reduce seepage of water through walls;
d. Addition of weights to structures to resist flotation;
e. Installation of pumps to lower water levels in structures;
f. Pumping facilities, or comparable measures, for the subsurface drainage system of buildings to relieve external foundation wall and basement flood pressures;
g. Construction that resists rupture or collapse caused by water pressure or floating debris;
h. Installation of valves or controls on sanitary and storm drains which will permit the drains to be closed to prevent backup of sewage or storm waters into the structure. Gravity drainage of basements may be eliminated by mechanical devices.
i. Electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding;
j. Adequate emergency electrical power supplies.
2. Imposition of operational controls, sureties, and deed restrictions.
3. Requirements for construction of dikes, levees and other protective measures.
4. Installation of an adequate flood warning system on the project site.
5. All fill and other earth work must be established according to Soil Conservation Service (Freehold District).
K. Floodways. Located within areas of special flood hazard established in Section 16-901A.5.a.(1) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
1. Encroachment, including fill, new construction, substantial improvements, and other development are prohibited unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
2. If Section 16-527K is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 16-527B through L.
3. The placement of any manufactured home in a floodway is prohibited.
4. In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than two-tenths (0.2) of a foot at any point.
L. Coastal High Hazard Area. Coastal high hazard area (V or VE Zones) are located within the areas of special flood hazard established in Section 16-901.A.5.a.(1). These areas have special flood hazards associated with high velocity waters from tidal surges and hurricane wave wash; therefore, the following provisions shall apply:
1. Location of Structures.
a. All buildings or structures shall be located landward of the reach of the mean high tide.
b. The placement of manufactured homes shall be prohibited, except in an existing manufactured home park or manufactured home subdivision.
2. Construction Methods.
a. Elevation. All buildings or structures shall be elevated on piling or columns so that the bottom of the lowest portion of the horizontal structural members of the lowest floor (excluding the piling or columns) elevated in conformance with the NJDEP Flood Hazard Area Control Rules, with all space below the lowest floor's supporting member open so as not to impede the flow of water, except for breakaway walls as provided for in this Section 16-527.L.2.d.
[Ord. No. 2012-3073 § 2; Ord. No. 2013-3082 § 2]
b. Structural Support.
(1) All buildings or structures shall be securely anchored on pilings or columns.
(2) The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse or lateral movement due to the effects of wind and water loading values each of which shall have a one (1%) percent chance of being equaled or exceeded in any given year (100-year mean recurrence interval).
(3) There shall be no fill used for structural support.
c. Certification. A registered professional engineer or architect shall develop or review the structural design specifications and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for compliance with the provisions of Section 16-527.L paragraphs 2a. and 2b.
d. Space Below the Lowest Floor.
(1) Any alteration, repair, reconstruction, or improvement to a structure started after the enactment of this ordinance shall not enclose the space below the lowest floor unless breakaway walls, open wood lattice-work or insect screening are used as provided for in this section.
(2) Breakaway walls, open wood lattice-work or insect screening shall be allowed below the base flood elevation provided that they are intended to collapse under wind and water loads without causing collapse displacement or other structural damage to the elevated portion of the building or supporting foundation system. Breakaway walls shall be designed for a safe loading resistance of not less than ten (10) and no more than twenty (20) points per square foot. Use of breakway walls which exceed a design safe loading of twenty (20) pounds per square foot design safe loading of twenty (20) pounds per square foot (either by design or when so required by local of State codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:
(a) Breakaway wall collapse shall result from a water load less than that which would occur during the base flood, and,
(b) The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement or other structural damage due to the effects of wind and water load acting simultaneously on all building components (structural and nonstructural). Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable State or local building standards.
(3) If breakaway walls are utilized, such enclosed space shall be used solely for parking of vehicles, building access or storage and not for human habitation.
(4) Prior to construction, plans for any breakway wall must be submitted to the Township Engineer for approval.
3. Sand Dunes. There shall be no alteration of sand dunes, which would increase potential flood damage.
M. Design Waivers.
1. The Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Administrative Officer (Construction Official) in the enforcement or administration of this Ordinance. [Ord. No. 2013-3082 § 2]
2. Those aggrieved by the decision of the Board of Adjustment, or any taxpayer, may appeal such decision to the Superior Court of New Jersey, as provided in N.J.S.A. 40:55D-72.
3. In reviewing a request for a waiver, the Board of Adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Ordinance and may consider the following:
a. The danger to life and property due to flooding, erosion damage or increased flood heights or velocities caused by encroachments.
b. The danger that materials may be swept onto other lands or downstream to the injury of others.
c. The proposed water supply and sanitation systems and the insulation of these systems from disease, contamination, and unsanitary conditions resulting from flooding.
d. The susceptibility of the proposed facility and its contents to flood damage and the effects of such damage on the individual owner.
e. The need for a waterfront location and the availability of alternate locations not subject to flooding or erosion damage within the applicant's property.
f. The expected heights, duration, rate of rise, effects of wave action, velocity, and sediment transport of floodwaters expected at the site.
g. The safety of access to the property in times of flood for ordinary and emergency vehicles.
h. The extent to which the water carrying capacity of the floodway or channel would be disrupted.
i. The degree to which the proposed use would serve the general public health, safety, and welfare.
j. The degree to which any aspect of the food chain or plant, animal, fish or human life processes would be affected adversely within or beyond the proposed use area.
k. Whether the proposed use provides adequate facilities for the proper handling of litter, trash, refuse and sanitary and industrial wastes.
l. The degree to which the proposed activity would alter natural water flow or water temperature.
m. The degree to which archaeological or historic sites and structures are endangered or rare species of animals or plants, irreplaceable land types would be degraded or destroyed.
n. The degree to which the natural, scenic and aesthetic values at the proposed activity site could be retained.
o. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and streets, and bridges.
p. The importance of the services provided by the proposed facility to the community.
q. The compatibility of the proposed use with the existing and anticipated development.
r. The relationship of the proposed use to the comprehended plan and flood plain management program of that area.
4. Upon consideration of the factors of Section 16-527.M.3 and the purposes of this Ordinance, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Ordinance.
5. The Construction Official shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request. [Ord. No. 2013-3082 § 2]
N. Conditions for Design Waivers.
a. Generally, design waivers may be issued for new construction and substantial improvements to be erected on a lot of one-half (1/2) acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (a-r) in subsection 16.527.M.3 have been fully considered. As the lot size increases beyond the one-half (1/2) acre, the technical justification required for issuing the design waiver increases.
b. Design waivers may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the design waiver is the minimum necessary to preserve the historic character and design of the structure.
c. Design waivers shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
d. Design waivers shall only be issued upon a determination that the design waiver is the minimum necessary, considering the flood hazard, to afford relief.
e. Design waivers shall only be issued upon:
(1) A showing of good and sufficient cause;
(2) A determination that failure to grant the design waiver would result in exceptional hardship to the applicant; and,
(3) A determination that the granting of a design waiver will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Section 16-527.M.3, or conflict with existing local laws or ordinances.
f. Any applicant to whom a design waiver is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
O. Nonconversion Agreement. In consideration for the granting of a development permit for the construction of a building with a height greater than twenty-eight (28') feet measured from one (1') foot above base flood elevation in a Special Flood Hazard Area, the following restrictions shall be recorded with the County Recording Officer prior to commencing construction:
1. The area below the base flood elevation shall contain no physical enclosures, shall be used solely for parking of vehicles or building access, and will never be used for human habitation.
2. Mechanical, electrical, or plumbing devices shall not be installed lower than one (1') foot above the base flood elevation.
