Whenever a person acquires title to the land under water adjacent to his property by virtue of a riparian grant from the State of New Jersey, then the grant area shall automatically be zoned the same as the upland property adjacent to the grant, provided, however, that any part of this grant not filled, graded and stabilized pursuant to a valid construction permit, shall not be applicable to meeting the minimum lot area for the governing zone except as herein provided. (Ord. #686, S 13-5.14)

Where applicable, the Municipal Agency shall require as a condition of site plan or subdivision approval, that the owner convey to the Borough, rights-of-way, road widenings, drainage easements, conservation easements, sight easements and/or shade tree and utility easements which may be shown on the Master Plan, official map, or otherwise be required.

Required setbacks shall be measured from new right-of-way lines after such conveyance. Nonconforming setbacks will require application for variances.

No lot area variance will be required if such right-of-way conveyance or dedication reduces lot area below minimum requirements.

For the purpose of calculating floor area ratio (FAR) and dwelling unit density, the right-of-way area conveyed or dedicated will be included in lot area, provided that the total floor area and/or the number of units permitted may not exceed one hundred ten (110%) percent of that permitted utilizing the lot area after conveyance and/or dedication.

(Ord. #686, S 13-5.15)

Solid wastes from single and two (2) family homes, if stored outdoors, shall be placed in metal or plastic receptacles with tight fitting covers.

Such receptacles shall not be stored or placed within any front yard area prior to the time at which solid wastes are permitted to be placed at the curb lines for collection. Such receptacles may be stored in either the rear or side yard areas, but if stored within a side yard area, they shall be screened from view of adjoining properties and street areas with planting or fencing. (Ord. #686, S 13-5.16)

The dumping of refuse, waste material or other substances is prohibited in all districts within the Borough. (Ord. #686, S 13-5.17)

No person shall store materials of any kind outdoors in any district, except for the construction of a structure to be erected on the premises, unless specifically permitted elsewhere in this Chapter. (Ord#686, S 13-5.18)

a. Retail and/or wholesale business uses shall not display goods for sale, including motor vehicles, outdoors except in accordance with a site plan approved by the Planning Board.

b. Such outdoor displays shall only be permitted where the goods displayed are the merchandise of a business enclosed within a structure located on the site, unless in accordance with a permit or other approval issued therefor by the Borough Council. Uses such as flea markets where two (2) or more concessionaires, pro- prietors or businesses display goods for sale out of doors shall not be permitted in any zone within the Borough,

c. Coin operated vending machines shall not be located further than two (2') feet from a related business structure.

d. Goods for sale, displayed or stored outdoors, shall not be located closer than twenty-five (25') feet to any street right-of-way or fifteen (15') feet to any side or rear line, except in conjunction with temporary sidewalk or other types of outdoor sales.

(Ord. #686, S 13-5.19)

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. Within the Professional Office (PO) Zone District (or any other district restricted regarding residential character of structures), no building shall be constructed or altered so as to be inharmonious with the residential character of the district.

c. The types of construction not considered to be residential in character includes, but is not limited to, the following:

1. Store front construction.

2. Heavy gauge metal garage doors usually used in commercial applications.

3. Unfinished or finished concrete block or cinder block wall surfaces.

4. Predominant glass panels.

5. Heavy gauge metal trim facia and siding.

6. Asphalt shingle siding.

7. Acrylic siding and curtain-wall panels.

8. Flat or steep slope mansard roofs.

9. Heavy masonry, marble or stone panels.

10. Alterations which enclose or remove any portions of existing porches or porticos normally visible from the street.

(Ord. #686, S 13-5.20; Ord. #1988-21, SS 3, 4)

The exterior elevations shall be arranged and outer walls of nonresidential buldings 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 structure on adjacent lands and in the neighborhood. (Ord. #686, S 13-5.21)

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. Such storage shall not be located in any required front yard.

b. Travel trailer, camper or small boat shall not exceed twenty-eight (28') feet in length and eight (8') feet in width.

c. Only one such travel trailer or camper, and one small boat shall be permitted to be stored outdoors at any single family residence.

d. Recreational vehicles and motor homes exceeding twenty-eight (28') in length may be stored only within the required building setback lines.

e. Any such vehicles stored in accordance with this section shall not be occupied and shall not be provided with utility connections.

f. 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 resolution of the Borough Council for a period not to exceed one hundred twenty (120) days and thereafter renewed, with reasonable justification for consecutive periods of time not to exceed sixty (60) days, as determined by the Borough Council.

(Ord. #686, S 13-5.22)

a. No commercial motor vehicle having a rated maximum gross vehicles 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. Not more than one (1) motor vehicle with commercial motor vehicles registration, having a rated maximum gross vehicle weight (GVW) of ten thousand (10,000) pounds or less 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. This provision shall not apply to passenger automobiles with commercial motor vehicle registration.

(Ord. #686, S 13-5.23 )

No building, structure or use shall be permitted within areas defined as wetlands by the New Jersey Wetlands Act of 1970 and delineated on the wetlands maps prepared by the New Jersey Department of Environmental Protection, except in accordance with a permit issued under the Act. (Ord. #686, S 13-5.24)

a. A developer applying for site plan or subdivision approval pursuant to Section 25-6 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.

(Ord. #686, S 13-5.25)

a. Free standing radio and television antennae shall only be placed in the rear yard area and shall be located no closer than fifteen (15') feet to any property line.

b. Free standing antennae over twenty (20') feet in height or antennae extending a maximum of fifteen (15') feet above the point of attachment to a building shall be built to withstand winds of one hundred (100) miles per hour.

(Ord. #686, S 13-5.26)

a. As a condition of approval and the continuance of any use, occupancy of any structure, and operation of any process or equipment, the applicant shall supply evidence, satisfactory to the Municipal Agency or to its designated representative, that the proposed use, structure, process, or equipment will conform fully with all of the applicable performance standards.

1. As evidence of compliance, the Agency may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant.

2. The Municipal Agency may require that specific types of equipment, machinery or devices be installed, or that specific operating procedures or methods be followed if the government agencies or testing laboratories examining the proposed operation, shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods are required in order to assure compliance with the applicable performance standards.

3. Permits and certificates required by other government agencies shall be submitted to the Municipal Agency as proof of compliance with applicable codes.

4. If appropriate permits, tests and certifications are not or cannot be provided by the applicant, then the Municipal Agency or Administrative Officer may require that instruments and/or other devices, or professional reports or laboratory analysis be used to determine compliance with the following performance standards for an existing or proposed use and the cost thereof shall be borne by the owner, applicant or specific use in question.

5. Conditional Permit. In the event a determination cannot be made at the time of application that a proposed use, process or piece of equipment will meet the standards established in this section, the Municipal Agency may issue or may recommend issuance of a Conditional Permit. The Conditional Permit would be based on submission of evidence that the proposed use, process or equipment will meet the standards established herein after completion or installation and operation.

Within thirty (30) days after a Conditional Permit is granted, a Certificate of Occupancy shall be applied for and satisfactory evidence submitted that all standards established by this section have been met.

b. Applicability and Enforcement:

1. Applicability:

(a) Prior to construction and operation: Any application for Development or Building Permit for a use which shall be subject to performance standards shall be accompanied by submissions, attachments and certifications as required by this section and a sworn statement filed by the owner of subject property or the operator of the proposed use that said use will be operated in accordance with the performance standards set forth herein.

(b) For existing structures: Any existing structure or use which is after the effective date of this Chapter, allowed to deteriorate or is modified so as to reduce its compliance with these standards will be deemed to be in noncompliance and to constitute a violation.

2. Continued Compliance: Continued compliance with performance standards is required and shall be enforced by the Building Inspector or Administrative Officer.

3. Termination of Violation: All violation shall be terminated within thirty (30) days of notice or shall be deemed a separate violation for each day following and subject to fines as set forth herein.

4. Violation Inspection: Whenever, in the opinion of the Building Inspector or Administrative Officer, there is a reasonable probability that any use or occupancy violates the regulations of this Article, they are hereby empowered to employ a qualified technician or technicians to perform investigations, measurements and analyses to determine whether or not the regulations of this section are being violated. In the event that a violation is found to exist, the violator shall be liable for the reasonable fees of the technicians employed to perform such investigation, measurements and analyses.

c. Performance Standards Established:

1. Noise:

(a) The definitions contained in the Noise Control Regulations (Chapter 29) of the New .Jersey Department of Environmental Protection (N.J.A.C. 7:29-1.1 et seq.) are hereby incorpo rated by reference without being set forth in full with regard to this section.

(b) No person shall cause, suffer, allow or permit, nor shall any application for development be approved which produces sound in excess of the standards listed below when measured at any location outside of the lot on which the use or source of sound is located:

(1) Continuous airborne sound which has a sound level in excess of fifty (50) dBA, or

(2) Continuous airborne sound which has an octave band sound pressure level in decibels which exceeds the values listed below in one or more octave bands.

or,

(3) Impulsive sound in air which has an impulsive sound level in excess of eighty (80) decibels.

(c) The provisions of this section shall not apply to:

(1) Agriculture.

(2) Bells, chimes or carillons while being used in conjunction with religious services.

(3) Commercial motor vehicle operations.

(4) Emergency energy release devices.

(5) Emergency work to provide electricity, water, or other public utilities when public health or safety are involved.

(6) National Warning System (NAWAS) system used to warn the community of attack or imminent public danger such as flooding or explosion. These systems are controlled by the N.J. Civil Defense and Disaster Control Agency.

(7) Noise of aircraft flight operations.

(8) Public celebrations.

(9) Public roadways.

(10) Stationary emergency signaling devices.

(11) Surface carriers engaged in commerce by railroad.

(12) The unamplified human voice.

(13) Use of explosive devices - These are regulated by the N.J. Department of Labor and Industry under the 1960 Explosive Act (R.S. 21:1A-1-27).

2. Air Pollution: No substance shall be emitted into the atmosphere in quantities, which are injurious to human, plant or animal life or to property, or which will interfere unreasonably with the comfortable enjoyment of life and property anywhere in the Borough. All provisions of the New Jersey Air Pollution Control Code, as amended and as augmented and all the following provisions stated, whichever shall be more stringent, shall be complied with.

(a) Smoke. In any zone, no smoke, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, shall be emitted into the open air from any incinerator or fuel burning equipment, provided, however, that smoke emitted during the cleaning of a fire box or the building or a new fire, the shade or appearance of which is not darker than No. 2 of the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three (3) minutes in any thirty (30) consecutive minutes.

(b) Solid Particles.

(1) In any residential zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than fifty (50%) percent of the allowable emission in pounds per hour established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.

(2) In any other zone, except the industrial zone, the allowable discharge shall be seventy-five (75%) percent of the allowable emission permitted by the New Jersey Air Pollution Control Code.

(3) In the industrial zone, the allowable discharge shall be the allowable emission permitted by the New Jersey Air Pollution Control Code.

(4) No open burning shall be permitted in any zone.

(5) All incinerators shall be approved by the State Department of Environmental Protection.

(6) Any road, parking area, driveway, truck loading or unloading station, or any other exterior area having a substantial movement of vehicles or equipment shall be paved or otherwise stabilized during construction sufficient to prevent the generation of dust from the movement of such vehicles or equipment.

(c) Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected without instruments. Any process, which may involve the creation or emission of any odors, shall be provided with a secondary safeguard system, so that control will be maintained. Table I (Odor Thresholds in Air) in Part 1 (Odor Thresholds for 53 Commercial Chemicals) of "Research on Chemical Odors," copyrighted October, 1968 by the Manufacturing Chemists Association, Inc., Washington, D.C., shall bs used as a guide in determining quantities of offensive odors.

3. Liquid Waste. No liquid waste shall be discharged into any water course, storm drain or sewage collection and disposal system, nor into any ground sump, any well or percolation area, except in accordance with plans approved by the Borough of Red Bank, Department of Utilities and, where required, by the New Jersey Department of Environmental Protection.

4. Solid Waste. All uses in the Borough shall:

(a) Assume full responsibility for adequate and regular collection and removal of all refuse, except if the municipality assumes the responsibility.

(b) Comply with all applicable provisions of the Air Pollution Control Code.

(c) Comply with all provisions of the State Sanitary Code, Chapter 8, "Refuse Disposal," Public Health Council of the State Department of Environmental Protection.

(d) Permit no accumulation on the property of any solid waste, junk, or other objectionable materials.

(e) Not engage in any sanitary landfill operation on the property, except as may be permitted by other Borough Codes and Ordinances.

5. Radiation. All use of materials, equipment or facilities, which are or may be sources of radiation, shall comply with all controls, standards and requirements of the Atomic Energy Act of 1954, as amended and any codes, rules or regulations promulgated under such Act, as well as the Radiation Protection Act, Chapter 116, P.L. 1958, as amended, whichever shall be more stringent.

6. Fire and Explosion Hazards. All activities shall be carried on only in buildings classified as fireproof by the Building Code of the Borough of Red Bank, and as determined by the Bureau of Fire Prevention, the operation shall be conducted in such a manner and with such precautions against fire and explosion hazards as to produce no explosion hazard as determined by the New Jersey Inspection Bureau of Fire Prevention to a use on an adjacent property and must confrom to the rules and regulations of the most recent adopted edition of the Fire Prevention Code of the National Board of Fire Underwriters and the Bureau of Fire Prevention.

7. Vibration. There shall be no vibration which shall be discernible to the human sense of feeling beyond the boundaries of the lot on which the source is located. At no point on or beyond the boundary of any lot shall the maximum ground transmitted steady state or impact vibration caused by any use or activity (except those not directly under the control of the property user) exceed a particle velocity of 0.10 inches per second for impact vibrations. Particle velocity is to be determined by the formula 6.28FA, where F is the frequency of the vibration in cycles per second and A is the maximum single amplitude displacement of the vibration in inches. For the purpose of measuring vibrations, a three (3) component measuring system shall be used. For the purpose of this Chapter, steady state vibrations are vibrations which are continuous, or vibrations in discrete impulses more frequent than one hundred (100) per minute. Discrete impulses which do not exceed one hundred (100) per minute shall be considered impact vibrations.

8. Electromagnetic Interference. There shall be no electromagnetic interference that:

(a) Adversely affects at any point the operation of any equipment other than that belonging to the creator of such interference, or that

(b) Is not in conformance with the regulations of the Federal Communication Commission.

9. Heat. Every use and activity shall be so operated that it does not raise the ambient temperature more than two (2C) degrees Celsius at or beyond the boundary of any lot line.

10. Fire Resistant Construction. All new construction and additions shall be fire resistant construction in accordance with the requirements of the State Uniform Construction Code.

11. Glare. There shall be no direct or sky-reflected glare exceeding one and one-half (1 1/2) foot candles measure at the boundaries of the lot on which the source is located. This regulation shall not apply to lights which are used solely for the illumination of entrances or exits or driveways leading to a parking lot. Any operation or activity producing intense glare shall be conducted so that direct and indirect illumination from the source of light shall not cause illumination in excess of 0.1 foot candle in residential districts.

12. Lighting and Illumination. Artificial lighting or illumination provided on any property or by any use shall adhere to the following standards:

(a) The illumination provided by artificial lighting on the property shall not exceed 0.5 foot candles beyond any property line.

(b) Spotlights or other types of artificial lighting, that provides a concentrated beam of light, shall be so directed that the beam of light does not extend beyond any property lines.

(c) Spotlights or other types of artificial lighting used to illuminate signs or building faces shall not emit beams of light that extend beyond the vertical plane of the sign or building face that they illuminate and shall not be located in such a manner as to cause the beams of light to be reflected upon any adjoining property, public street or vehicular circulation area.

(Ord. #686, S 13-5.28)