§25-8.38 Recyclable Materials Storage.

a. Materials designated in the Borough of Red Bank Recycling Ordinance shall be separated from other solid waste by the generator and a storage area for recyclable material shall be provided as follows:



1. For each subdivision application for fifty (50) or more single-family units, the applicant shall provide a storage area of at least twelve (12) square feet within each dwelling unit to accommodate a four (4) week accumulation of mandated recyclables (including but not limited to: newspaper, glass bottles, aluminum cans, tin and bi-metal cans). The storage area may be located in the laundry room, garage, basement or kitchen.

2. For each subdivision application for twenty-five (25) or more multifamily units, the applicant shall provide a storage area of at least three (3) square feet within each dwelling unit to accommodate a one (1) week accumulation of mandated recyclables (including but not limited to: newspaper, glass bottles, aluminum cans, tin and bi-metal cans). The storage area may be located in the laundry room, garage, or kitchen. Unless recyclables are collected on a weekly basis from each dwelling unit, one (1) or more common storage areas must be provided at convenient locations within the development.

3. For each site plan application for commercial and industrial developments that utilize one thousand (1,000) square feet or more of land, the applicant shall provide the Municipal Agency with estimates of the quantity of mandated recyclable materials (including but not limited to: newspaper, glass bottles, aluminum cans, tin and bi-metal cans, high grade paper, and corrugated cardboard) that will be generated by the development during each week. A separated storage area must be provided to accommodate a one to four weeks accumulation of recyclable material. The Municipal Agency may require the location of one (1) or more common storage areas at convenient locations within the development.

(Ord. #1989-27, S 1)

§25-8.39 Collection and Storage Facilities for Sourceseparated Recyclable Materials in New Multi-family Housing Developments.

a. Definitions. As used in this subsection:









1. MULTI-FAMILY HOUSING DEVELOPMENT shall mean a building containing three (3) or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.

2. RECYCLING AREA shall mean space allocated for collection and storage of source separated recyclable materials.







b. Recycling Area Required for Multi-family Housing. There shall be included in any new multi-family housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of the residentially-generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number, and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator, and shall be consistent with the district recycling plan adopted pursuant to section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13) and any applicable requirements of the municipal master plan, adopted pursuant to section 26 of P.L. 1987, c. 102.

c. Location. The recycling area shall be conveniently located for the residential disposition of source separated recyclable materials, preferably near, but clearly separated from, a refuse dumpster.

d. Accessibility. The recycling area shall be well lit, and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.

e. Container Design. The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for the collection of recyclable paper or cardboard, and which are located in an outdoor recycling area, shall be equipped with a lid, or otherwise covered, so as to keep the paper or cardboard dry.

f. Recycling Signs. Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

g. Landscaping. Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.

(Ord. #1994-10, SS 1-7)

§25-9 CONDITIONAL USES.

§25-9.1 Guiding Principles and General Provisions.

Recognizing that certain uses, activities and structures are necessary to serve the needs and provide for the convenience of the citizens of the Borough and at the same time, appreciating the fact that they or any one of them may be or may become inimical to the public health, safety and general welfare of the community if located without due consideration to the existing conditions and surroundings, such uses are designated as conditional uses subject to the standards and regulations hereby established. These standards and regulations are intended to provide the Planning Board with a guide for reviewing applications for conditional uses as provided for by this Chapter. As a result of the review procedure, the applicant may be required to meet additional standards and regulations imposed by the Planning Board during site plan review which are in keeping with and will further the intent of these standards and regulations. Such standards and regulations shall be provided for and maintained as a condition of the establishment and maintenance of any use to which they are a condition of approval. In acting upon an application for conditional use approval, the Planning Board shall be guided by the following standards and principles:.

a. The use for which an application is being made is specifically listed as a conditional use within the zone where the property is located.

b. The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration is afforded to the following:

1. The compatibility of the proposed use(s) and/or structure(s) within the existing neighborhood.

2. The potential effect that the proposed use(s) and/or structure(s) will have upon property values.

3. The adequacy of the proposed parking and traffic circulation for the use(s) and/or structure(s) and the potential for traffic congestion and/or the creation of undue traffic hazards.

4. The need for such facility or use(s) to serve the area in which it is to be located.

5. The adequacy of proposed drainage facilities which will serve the use(s) and/or the structure(s).

6. The adequacy of plans for screening any adverse aspects of the use(s) and/or structure(s) from adjoining properties.

7. The adequacy of proposed outdoor lighting.

8. Compliance with the standards, principles and objectives of the Master Plan.

9. Compliance with the design standards, general provisions, submission requirements and other appropriate provisions of this Chapter.

c. All conditional uses shall also be required to obtain site plan approval, unless otherwise specified in this Chapter.

d. Conditional uses shall conform to the standards of the zone district, except where substitute, alternative, additional or more or less restrictive standards are specified hereinafter for the particular conditional use.

Failure to conform to a standard of this section, applying only to a Conditional Use shall require approval of a Special Reasons Variance pursuant to Subsection 25-3.2j.1(d)(3). Failure to conform to a standard applying to all uses in the zone district shall require approval of a variance pursuant to Subsections 25-3.2j.a(a) or 25-3.2j.1(c) or a design deficiency waiver pursuant to Subsection 25-8.2e.

e. The conditional uses provided for hereinafter in this Section may be allowed provided:

1. They are specifically included as a conditional use in the zone district regulations, and

2. They conform to the applicable standards of this section and/or the zone district regulations, or

3. Variances or waivers for any nonconformity have been granted in accordance with Subsection 259.1 d hereof.

(Ord. #686, S 13-9.1; Ord. #1988-21, SS 12, 13)

§25-9.2 Churches and Places of Worship.

a. The minimum lot area shall be two (2) acres.

b. The minimum lot width shall be two hundred (200') feet.

c. No principal building shall be located closer than fifty (50') feet to any side or rear property line.

d. No accessory building shall be located closer than thirty (30') feet to any side or rear residential property line.

e. Maximum lot coverage - fifteen (15%) percent.

f. The height of structures to be constructed may exceed the maximum height requirements of this Chapter, provided, however, that the front, rear and side yard requirements set forth above shall be increased by two (2') feet for each foot by which the height of the structure exceeds the maximum height which would be otherwise permitted by this Chapter, and further provided that in no case shall any proposed structure exceed fifty (50') feet in height.



g. These signs shall be permitted:

1. Minor and Type A.

2. One from Types G3, G4 or G-C3 (Conditional Use).

3. One Type W3.

4. One Type R2 for each public entrance.

(Ord. #686, S 13-9.2; Ord. #1988-21, S 14)

§25-9.3 Public Utilities.

Public utilities include water towers, pumping stations, electric substations, radios, towers, transmission and distribution lines, switching stations and similar facilities which must be provided above ground.

a. A statement is submitted setting forth the reasons that the proposed installation must be provided above ground in a specific location and why it is necessary and convenient for the efficiency of the public utility system or for the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.

b. The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.

c. Adequate and attractive fences and other safety devices will be provided.

d. Sufficient landscaping including shrubs, trees and lawn are provided and will be periodically maintained.

e. The public utility use and lot meet all the applicable minimum requirements of the district in which it is located, except that it need not have the minimum required lot area. Only one principal building will be permitted on the lot and a paved parking area under the provisions of Subsection 25-8.21 of this Chapter is required.

f. These signs shall be permitted:

1. Minor and Type A.

2. One from Types G3, G4 or W3.

(Ord. #686, S 13-9.3; Ord. #1988-21, S 15)

§25-9.4 Reserved.

(Ord. #686, S 13-9.4)

§25-9.5 Motor Vehicle Service Stations.

a. The site plan shall show the number and location of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps, wash racks, lubrication bays, air hoses and any other similar equipment to be installed, the type of structure and accessory buildings to be constructed, and the number of automobiles which are to be garaged.



b. Motor vehicle service stations shall have a lot area of not less than twenty thousand (20,000) square feet with a minimum frontage of one hundred fifty (105') feet on one street. If the lot requirements for the zone are greater, they shall take precedent. In any case, the minimum structure setback from residential uses shall be twenty-five (25') feet, including pavement areas.

c. No motor vehicle service station shall be located within two hundred (200') feet of any public entrance to a church, school, library, hospital, fire station, park, playground, charitable institution, or place of public assemblage. The distance shall be measured in a straight line along the centerline of streets forming the shortest route from a point opposite the nearest boundary from said public entrance to a point opposite the nearest boundary of the service station lot.

d. All fuel pumps, air hoses and any other equipment used in servicing cars shall be located at least thirty-five (35') feet from all street lines and twenty-five (25') feet from other property lines.

e. No vehicle shall be permitted to be standing or parked on the premises of a motor vehicle service station other than those used by the employees in the indirect or direct operation of the establishment, except for the following: no more than five (5) during working hours and no more than three (3) overnight. Overnight outdoor storage of more than three (3) vehicles shall be prohibited.

f. All fuel tanks shall be installed underground.

g. No outdoor oil drainage pits or hydraulic lifts shall be permitted.

h. Any repair, lubrication or other similar services to motor vehicles shall be performed in a fully enclosed building. No parts of partially dismantled motor vehicle may be stored out-of-doors.

i. Coin operated service stations are not permitted.

j. No auto body work shall be permitted.

k. Illumination shall be such that no direct glare from the lights shall fall upon adjoining streets or properties.

l. Sale of new or used cars is prohibited.

m. Accessory goods for sale may be displayed on the pump islands and the building island only. The outside storage of oil cans and/or anti-freeze and similar products may be displayed on the respective islands, if provided for in a suitable metal stand or rack.

n. The maximum lot coverage shall be ten (10%) percent of the lot area.

o. The minimum unoccupied open space shall be thirty (30%) percent of the lot area.

p. These signs shall be permitted:

1. Minor and Type A and B.

2. One from Types G2 and G-C2 (Conditional Use).

3. Types W1 and W-C1 (Conditional Use).

4. One Type R2.

(Ord. #686, S 13-9.5; Ord. #1988-21, S 16)

§25-9.6 Motor Vehicle Repair Garages.

a. Motor vehicle repair garages shall have a lot area of not less than twenty thousand (20,000) square feet with a minimum frontage of one hundred fifty (150) feet on one street. If the lot requirements for the zone are greater, they shall take precedent. In any case, the minimum structure setback from residential uses shall be thirty-five (35') feet, including pavement areas.

b. No outdoor oil drainage pits or hydraulic lifts shall be permitted.

c. Any repair of motor vehicles shall be performed in a fully enclosed building.

d. All motor vehicles awaiting repair or under repair which are stored out-of-doors shall be screened from public by a solid fence and/or evergreen plantings as required by the Planning Board.

e. No motor vehicle awaiting repair or under repair may be stored out-of-doors within the required front yard area; within twenty (20') feet of any side or rear lot line; or within fifty (50') feet of any adjoining lot within a residential zone.

f. No motor vehicle repair garage shall be located within five hundred (500') feet of any public entrance to a church, school, library, hospital, fire station, park, playground, charitable institution, or place of public assemblage. The distance shall be measured in a straight line along the centerline of streets forming the shortest route from a point opposite the nearest boundary from said public entrance to a point opposite the nearest boundary of the repair garage lot.

g. If gas pumps, wash racks, lubrication bays, air hoses and other similar equipment are proposed, Subsection 25-9.5, paragraphs a., d. and f. referring to "Motor Vehicle Service Stations," shall also be applicable to "Motor Vehicle Repair Garages."

h. The maximum lot coverage shall be twenty (20%) percent of the lot area.

i. The minimum unoccupied open space shall be thirty (30%) percent of the lot area.

j. These signs shall be permitted:

1. Minor and Type A and B.

2. One from Types G2 and G-C2 (Conditional Use).

3. Types W1 and W-C1 (Conditional Use).

4. One Type R2.

(Ord. #686, S 13=9.6; Ord. #1988-21, S 17)