§ 412.06 Driveways

A. No non-residential driveway shall be located within ten (10) feet of an existing adjacent residential property nor within five (5) feet of any other property line, unless otherwise regulated in this Chapter.

B. Access to a commercial parking garage or parking area for twenty-five (25) or more vehicles shall not be closer to the intersections of any two (2) streets than fifty (50) feet.

C. No access drive or driveway shall be located in any residential district to provide access to uses other than those permitted in such residential zone.

D. No driveway shall serve any use other than the permitted use on the lot upon which the driveway is located.

E. A barrier-free walkway system shall be provided to allow pedestrian access to a building or use from both a parking lot within the site and from the Township sidewalk system.

F. No lot containing a detached single-family dwelling shall contain more than one (1) principal driveway. In the case of a through lot, a driveway is to be provided only within the front yard area.

G. New driveways shall be prohibited in all Historic Zone Districts.

H. For other specific driveway design standards, see Article V.

§ 412.07 Fences and Walls

Fences and walls shall be permitted in all districts, but shall be considered structures requiring an approved zoning permit prior to construction. Adequate surveys, plans and details are to be submitted to the Zoning Officer in accordance with Article X in order for a determination to be made as to the proposed fence zoning conformance.

A. Fences and walls in historic zone districts. Fences and walls in historic zone districts shall be permitted accessory structures subject to the following provisions (see also Appendix B):

1. Design guidelines. All fences and walls are subject to the review and approval of the Historic Preservation Commission for conformity to its Guidelines and for compatibility with the particular design and style of the structure on the lot.

2. Prohibited locations. No fence or wall shall be erected in any required flared setback area, as described elsewhere herein, east of Central Avenue. For all properties east of Central Avenue, no fence or wall shall be erected in a front yard area or on front yard lot lines.

3. Front yard fence height. Fences located in a front yard area or on lot lines abutting a front yard area, where permitted, shall not exceed a height of two and one-half (2 1/2') feet. The height of any decorative elements, articulated corners, gateways and posts shall be included in the fence height measurement.

4. Front yard fence type. Fences located in a front yard area or on lot lines abutting a front yard area, where permitted, shall be constructed so that at least fifty (50) percent thereof is non-solid and open. Fence types such as stockade and board- on-board shall be considered solid fences and are prohibited in or along front yards.

5. Side yard fence height. Fences located in or along a side yard area shall not exceed a height of four (4) feet. The height of any decorative elements, articulated corners, gateways and posts shall be included in the fence height measurement.

6. Rear yard fence height. Fences located in a rear yard area or on lot lines abutting a rear yard area shall not exceed a height of five (5) feet. The height of any decorative elements, articulated corners, gateways and posts shall be included in the fence height measurement.

7. Wall height. Walls located in or along any front, side or rear yard, where permitted, shall not exceed thirty (30) inches in height. The height of decorative elements, articulated corners, gateways and wall piers shall be included in the wall height measurement.



8. Finished exterior side. All fences or walls shall be constructed so that a finished side, with no fully exposed structurally supporting members, is located on the exterior facing outward away from the property upon which it is located.

9.Prohibited materials. Chain link type fences shall be prohibited in any historic zone district. In addition, no fence or wall shall be constructed or installed with barbed wire, metal spikes or topped with concertina or razor wire, broken bottles or similar materials so as to be dangerous to humans or animals.

10. Drainage. Fences and walls shall be constructed in a manner so as to permit the continued flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding, either on the property upon which such is located or on any adjacent lot. Those applying for a zoning permit to erect a fence or decorative wall may consult with the Township Engineer to ensure compliance with this provision.

11. Retaining walls. Any permitted wall proposed to be used as a retaining wall shall be required to be reviewed by the Township Engineer prior to the issuance of a zoning permit.

12. Use of vegetation. Except where specifically prohibited under the terms of this chapter or any other applicable ordinance or regulations of the Township, nothing herein shall be construed to prohibit the use of hedges, trees or other planting anywhere on the lot.

13. Utility easement. Prior to installing a fence in a utility easement area, a property owner shall secure written approval from the appropriate utility company or appropriate public body. Evidence of approval shall be submitted as a prerequisite to issuance of a zoning permit.

14.Fence height sketch. Appendix B represents the maximum permitted height for fences relative to their location on the property.

B. Fences and walls in non-historic districts. Fences and walls in non-historic zone districts shall be permitted accessory structures subject to the following provisions:

1. Front Yards.

a) For residential uses, fences shall be permitted to be located in front yards, provided such fences shall not exceed. four (4) feet in height, as measured from ground level and shall be constructed so that at least fifty (50) percent thereof is non-solid and open. Fence types such as board-on-board and stockade shall be considered solid fences. Decorative walls are permitted to be located in front yards for residential uses, provided such shall not exceed two and one half (2 1/2) feet in height, as measured from ground level. Fence posts, corners, gateways, and wall piers and entryways may not exceed five (5) feet in height. For corner lots the second front yard now considered a side yard may have a solid fence, six (6) feet in height extending to the front buildings line of the dwelling unit and shall not interfere in the site triangle.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 15-28.

(b) For non-residential uses, fences and decorative walls may be erected in the front yard extending to the rear or side lot lines, provided:

(i) When such fences and walls are located within fifteen (15) feet of a street line they shall not exceed four (4) feet in height, as measured from the ground level. Fence posts, corners, gateways, and wall piers and entryways shall not exceed five (5) feet in height.

(ii) When such fences and walls are located more than fifteen (15) feet from a street line they shall not exceed six (6) feet in height, as measured from the ground level. Fence posts, corners, gateways, and wall piers and entryways shall not exceed seven (7) feet in height.

(c)Chain link fences shall be prohibited in front yards in all zone districts.

2.Side and Rear Yards.

(a) For residential uses, both solid and non-solid fences shall be permitted to be located in side or rear yards, provided such shall not exceed six (6) feet in height, as measured from the ground level. Decorative walls for residential uses are permitted to be located in side or rear yards, provided such shall not exceed four (4) feet in height, as measure from the ground level. Fence posts, corners, gateways, and wall piers and entryways may not exceed seven (7) feet in height.

(b) For non-residential uses, both decorative walls and solid or non-solid fences shall be permitted to be located in side or rear yards, provided such shall not exceed six (6) feet in height, as measured from the ground level. Fence posts, corners, gateways, and wall piers and entryways may not exceed seven (7) feet in height.

3.Finished Exterior Side. All fences or walls shall be constructed so that a finished side, with no fully exposed structurally supporting members, is located on the exterior facing outward away from the property upon which it is located.

4. Materials. No fence or wall shall be constructed or installed with barbed wire, metal spikes, or topped with concertina or razor wire, broken bottles or similar materials so as to be dangerous to humans or animals. In addition, chain link fences are specifically prohibited in front yard in all zones.

5. Drainage. Fences and decorative walls shall be constructed in a manner so as to permit the continued flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding, either on the property upon which such is located or on any adjacent lot. Those applying for a zoning permit to erect a fence or decorative wall may consult with the Township Engineer to ensure compliance with this provision.

6. Obstruction. No fence shall be constructed within any sight triangle as defined in this article, or installed so as to constitute a hazard to traffic or public safety.

7. Utility easement. Prior to installing a fence in a utility easement area, a property owner shall secure written approval from the appropriate utility company or appropriate public body. Evidence of approval shall be submitted as a prerequisite to issuance of a zoning permit.

8. Retaining Walls. Any permitted wall proposed to be used as a retaining wall may be required to be reviewed by the Township Engineer prior to the issuance of a zoning permit.

9. Exceptions. Fences or walls that constitute a permitted buffer area screen approved as part of a site plan application shall be excepted from the above height and location provisions. In addition, fencing required to enclose a tennis court shall be excepted from the above maximum height provisions. Said fence shall not exceed twelve (12) feet in height, as measured from ground level, and may not be located within a required setback area.

§ 412.08 Frontage on Public Street

Every principal use shall be located on a lot with frontage upon a public street which has been improved in accordance with the applicable Township standards or for which such improvement has been insured by the posting of a performance guarantee in accordance with this Ordinance.

§ 412.09 Helistops

The following regulations shall apply to helistops where permitted as an accessory use to principal office and/or hospital uses in the LI, C-1 or C Zone Districts:

A. A statement detailing the proposed use of the site including a description of the proposed level of activity measured in flights per hour or per day, hours of operation and any other pertinent information shall be provided.

B. Helistops shall be permitted only upon site plan review by the appropriate board of jurisdiction. A plan. drawn to scale, depicting the layout of the site shall be provided, inclusive of the following:

1. Site security measures, including a fence of not less then four (4) feet in height on three sides and/or security personnel, employed by the applicant, to supervise take-offs and landings for safety purposes, subject to the approval of the New Jersey Office of Aviation (NJOA);

2. Marking indicators at each corner of the landing area pursuant to minimum requirements of the Federal Aviation Administration (FAA) and New Jersey Office of Aviation (NJOA);

3. Wind sock or equivalent;

4. Passenger shelters and walkways, if any;

C. The helistop shall not include the fueling or maintenance of helicopters and helicopters shall not be parked at the helistop except when loading or discharging passengers.

D. A helistop may not be located within 100' of an adjacent residential property line.

E. The hours of operation of the helistop within the C-1 Zone District shall not include flights prior to 6:00 A.M. or after 10:00 P.M., unless under special circumstances approved by the board of jurisdiction.

F. Any approved passenger shelters shall not exceed sixteen (16) feet in height.

G. The approval of a helistop shall be subject to favorable determination by the NJOA after impact tests and public hearings conducted during the nine-month period of that agency's Temporary Permit.

§ 412.10 Holiday Sales

Christmas Tree Sales. The annual sale of Christmas trees is permitted in any non-residential zone between the Friday after Thanksgiving and December 25, inclusive.

§ 412.11 Light Fixture Mounting Height

Lighting shall be provided by fixtures with a mounting height not more than fourteen (14) feet or the height of the building, whichever is less, measured from the ground level to the centerline of the light source.

§ 412.12 Loading Requirements

A. Loading space requirements. In all zone districts in connection with every commercial, institutional and industrial use, there shall be provided, at the time that any building or structure is erected, enlarged, increased in capacity or has a change of use, loading spaces in accordance with the requirements of the following schedule:

TABLE 4.1: LOADING BERTH STANDARDS

B. Loading space dimensions. Standard institutional and light industrial/warehouse loading spaces shall measure at least fifteen (15) feet wide by sixty (60) feet long, with a height clearance of not less than twenty (20) feet. All other loading spaces shall measure at least fifteen (15) feet wide by forty-five (45) feet long, with a height clearance of not less than fifteen (15) feet.

C. All loading areas shall be located on the same lot as the use being served.

D. No loading area shall be located in a front yard.

E. There shall be no loading in a yard abutting, or in a public right-of-way.

F. No loading space shall be located within forty (40) feet of an intersection of any two public right-of-ways. The off-street loading space shall be located on the property so as to permit any vehicle to be parked in the loading space with no portion of the vehicle extending into the public street.

§ 412.13 Marinas

Marinas shall be permitted in the B-3 Zone District provided that such uses satisfy the supplementary regulations set forth in this section as follows:

A. At least one (1) off-street parking street parking space shall be provided for each boat dockage space. When a marina includes launching facilities, the parking space shall be large enough to accommodate boat trailers.

B. Adequate land space shall be provided for the loading of supplies.

C. The purveyance of goods or services not including boats or motors shall take place in an enclosed structure.

D. A seasonal boatyard shall be permitted as an accessory use provided that the number of boats stored does not exceed the total number of boat slips in the marina and provided that all of the supplementary regulations for a boatyard are satisfied.

E. Storage or display of rental watercraft shall be permitted as an accessory use to a marine related sales and service establishment, provided it does not take place within a setback area.

F. A marine related sales and services establishment shall be permitted as an accessory use provided that all of the conditional use standards for a marine related sales and services establishment are satisfied.

G. Automobile parking areas shall be black-topped. Designated motor vehicle parking areas shall be used only for the parking of vehicles associated with customers and employees.

H. All applicable requirements of any State or Federal agency including local health and fire authorities having jurisdiction shall be met.

§ 412.14 Marine Related Sales and Services

Marine related sales and services shall be permitted in the B-3 Zone District provided that such uses satisfy the supplementary regulations set forth in this section as follows:

A. The purveyance of goods or services not including boats or motors shall take place in an enclosed structure.

B. Principal setbacks. The following shall be located on-site within the principal building envelope:

1. Any building, including accessory buildings, within which sales, repair, service or other work shall take place.

2. Designated outdoor areas where repair, service or other work shall take place.

3. Storage of watercraft and marine related apparatus left by customers to await service.

4. Storage of any boat or marine related vehicle requiring hull repairs, body work or which is inoperable because of major repairs.

5.Storage of mechanical or repair equipment necessary for the operation of the principal use. All equipment shall be stored indoors unless it can be shown that outdoor storage of particular equipment is the only reasonable method of storage in which case such equipment shall be stored on a paved surface.

C. Outdoor display and storage.

1. Outdoor sales display areas and temporary storage of watercraft (dry-dock storage) shall be set back at least ten (10) feet from any lot line, however, whenever a buffer from a use other than a marine related sales and services establishment is required, the minimum buffer width, as set forth in this subsection, shall govern as the minimum setback requirement to said adjacent use.

2. The height of watercraft storage shall not exceed three (3) boats stacked vertically and thirty-five (35') feet.

3. No derelict, discarded or junked boats shall be stored out-of-doors nor shall any parts, scrap, partially dismantled boats, boat motors, or trailers.

4. Storage of cars, trucks, trailers, or other vehicles not marine related shall not be permitted unless such storage activity is approved by the board of jurisdiction for that purpose.

5. The seasonal storage of boats or any other marine related vehicles not being serviced, repaired or sold on the premises shall be deemed to be a boatyard and must conform to regulations for such.

6. Storage or display of rental watercraft is permitted as an accessory use to a marine related sales and services establishment. Such storage or display may not take place in a setback area.

D. Buffer requirements. When located adjacent to any property devoted to a use other than a marine related sales and services establishment, the marine related sales and services establishment shall maintain the following between any outdoor activity and the adjacent property:

1. A fifteen (15) foot wide buffer area. Said buffer area shall be placed in a conservation easement.

2. A six (6) foot high stockade or board-on-board fence to be located at least fifteen (15) feet from the adjoining property line. Said fence may not be located within a front yard setback area.

3.A landscaped screening located in the buffer area consisting of Spruces or Douglas Firs with a minimum height of ten (10) feet at the time of planting, spaced fifteen (15) feet on-center.

E. Site triangle required. No outdoor storage or display area shall be located within a required site triangle as defined elsewhere herein.

F. All loading or unloading of watercraft and marine related apparatus shall occur on-site.

G. All permitted uses and activities established in conjunction with marine related sales and services uses shall be clearly accessory in nature.

H. Automobile parking areas shall be black-topped. Designated motor vehicle parking areas shall be used only for parking of vehicles associated with customers and employees.

I. Designated areas for boat or marine related vehicle storage or display need not conform to standards for parking lot paving and design standards but, shall be segregated from parking areas by means of a raised concrete curb of at least six (6) inches in height. Concrete wheel stops shall not be utilized to meet this curbing requirement.

J. Watercraft transport services shall be permitted as an accessory use to a marine related sales and services establishment.

K. All new boat construction shall be carried on within an enclosed building.

L. Designated fifteen (15) foot wide fire lanes shall be provided at regular intervals and shall be maintained and open at all times. Said fire lanes shall be subject to the approval of the Township Fire Official.

M. All applicable requirements of any State or Federal agency including local health and fire authorities having jurisdiction shall be met.