It shall be the responsibility of every property owner, tenant, developer and applicant to maintain in a safe and orderly condition, all buildings and land in the Borough which they own, use. occupy or have maintenance responsibility for in accordance with the following regulations:
a. Maintenance of all land uses within the Borough shall include, but is not limited to, the following:
1. Potholes and other pavement failures within paved parking areas shall be repaired on a regular basis, but in no event shall potholes or pavement failures be left unrepaired for a period in excess of thirty (30) days. If such potholes or pavement failures are hazardous to vehicles, they shall be appropriately barricaded and marked to warn motorists.
2. Paint striping, traffic control signs and markings, and all other signs and graphics shall be maintained in a condition whereby they can be clearly seen and are legible.
3. Curbing, other pavement edging and sidewalks shall be maintained free of cracks and holes which would present a hazard to pedestrians or are unsightly.
4. Unpaved or gravel parking and pedestrian areas shall be maintained and regularly regraded in a manner which will keep the area free of holes and other severe grade changes which would be hazardous to vehicular and pedestrian usage.
5. All areas of the site shall be kept free of debris and other materials. All users of shopping carts or similar items shall provide for the regular pickup of such shopping carts or similar items from parking areas and other portions of the site at least once every hour during their business hours. All shopping; carts or similar items shall either be stored indoors or in a location adjacent to the building specifically set aside for such storage during nonbusiness hours.
If shopping carts are removed from the property and abandoned, they shall be picked up by the business to which the cart belongs within twenty four (24) hours of notice from the Borough. Failure to pick up such shopping carts within twenty-four (24) hours of notice shall be a violation of this Chapter, subject to the penalties prescribed herein.
6. All plantings and ground cover shall be regularly watered and cut. All dead plant materials shall be removed or replaced (if such plantings are required under this Article, they shall be replaced only). All lawn or other non-paved areas shall be kept trimmed and free from weeds and other noxious growth.
7. Building finishes shall be maintained reasonably free of peeling or cracked paint, rust or other unsightly conditions.
8. All refuse stored outdoors shall be kept within containers having lids, in a manner that the refuse is not visible to pedestrians or persons within vehicles on or off the site. Such containers shall be stored only within side or rear yard areas and shall not be located to- interfere with . vehicular or- pedestrian circulation.
9. All outdoor lighting shall be maintained in a working condition.
b. All land uses for which development (site plan or subdivision) approval is granted subsequent to the adoption of this Chapter or for which site plan or subdivision approval was previously granted under regulations heretofore in. effect, shall be required to maintain all structures and improvements shown on the approved site plan or subdivision plat in a safe and orderly condition. In addition to the maintenance responsibilities specified in paragraph a. above, additional maintenance responsibilities shall include, but are not, limited to, the following:
1. All ground cover and plantings within screening and landscaping areas shown on an approved site plan or subdivision shall be regularly maintained. When plant material shown on an approved site plan or subdivision dies, it shall be replaced within the first thirty (30) days of the next planting season.
2. Where a site plan specifies an outdoor refuse storage area, refuse shall only be stored outdoors in such area. Refuse containers located elsewhere on the site shall not be permitted.
c. Failure of the responsible property owner, tenant, developer and/or applicant to maintain property in accordance with the provisions of this section shall be a violation of this Chapter subject to the penalties prescribed in Subsection 25-3.10 of this Chapter.
(Ord. #686, S 13-5.29)
The purpose of these Historic District Regulations is to encourage desirable development in those areas of the Borough which possess unique historical character and to further enhance, promote and expand the cultural and historical identity, character and environment of such areas through the review of exterior architectural design and other significant features of buildings and other structures to be modified or erected and/or sites to be improved.
These regulations shall, with some exceptions, apply to a Historic District encompassing all properties in the Core Central Business Zone District having frontage on Front Street or Broad Street. This district has been one of the principal centers of economic and cultural activity in the County of Monmouth for over one hundred (100) years. There are approximately eighty (80) buildings in the district, a majority of which were constructed prior to 18.90.
The structures situated in the delineated district possess a distinctive, cohesive, architectural character due to similarity in scale, height, setback, building materials and compatible architectural styles. Incompatible new construction and insensitive building alterations within the delineated district tend to diminish and, eventually, destroy its distinctive, cohesive, architectural character. This is undesirable since studies have shown that architectural compatibility of new construction and building alterations within a controlled district tends to increase economic activity within such a district and tends to improve the cultural enrichment and general welfare of the citizens of the district and the greater community.
a. All proposed development within any Historic District in the Borough of Red Bank should be designed to accomplish the following objectives:
1. Recognize the distinctive historic and architectural characteristics of the district. The characteristics are important reminders of the Borough's cultural, social, economic, political and architectural history.
2. Foster civic pride in the noble accomplishments of the Borough's past.
3. Protect and enhance the attractiveness of the Borough for tourists, visitors and shoppers and thereby support and promote business; commerce, industry and overall economic benefit to the Borough.
b. Every development shall comply with these general standards:
1. Site and building design shall be compatible with surrounding sites and buildings and with the character of this Historic District as a whole.
2. The preferred architectural styles shall be those which predominated during the Victorian era, the primary period of Historic District building activity. The urban vernacular architecture generated during this period in Red Bank was "Italianate Commercial," "Eclectic Commercial" and "Victorian Functional." See "Nineteenth Century Red Bank" by Kathleen J. Murray, 1981, on file in the office of the Administrative Officer, for more details on architectural styles.
3. Contemporary design is not encouraged but shall be permitted when such design is compatible in character, size, scale, setback, style, color and materials with adjacent properties, the remainder of the neighborhood and the Historic District as a whole. See Figures I and II.
4. Colors utilized should be appropriate to the concept of the Historic District. Subdued colors, earth tones and colors appropriate to the architectural period of the structure are encouraged.
5. Landscaping should be compatible with the architectural character and appearance of the site and structure and with the Historic District as a whole.
6. Reasonable efforts shall be made to discover, protect and/or preserve desirable archaeological resources which are likely to be affected by any proposed development.
7. Designs which seem to produce a distinctive or dramatic result and purposely include features which set them apart from the balance of the Historic District are discouraged.
8. Signs shall be appropriate to the concept of the: Historic District and shall be selected with a view to both historical appropriateness and conformance with Borough sign regulations. See Figure III.
9. Exterior building materials shall be appropriate to the architectural style selected. Use of masonry and, where appropriate, wood is encouraged and the use of brick with appropriate attention given to color, texture, details and bond pattern is usually appropriate. Other exterior materials, including marble, granite and limestone, are permitted provided that they are appropriate to the style of the structure. Use of diagonal and vertical wood patterns, wood panelling, particularly upon upper level, metal storefront and panels, glazed tile and similar materials and techniques incompatible with the significant structures in the district. is discouraged.
c. Every development involving an existing structure shall comply with these guidelines:
1. These actions/ activities are encouraged:
(a) Sensitive treatment of distinctive stylistic features or examples of skilled craftsmanship that characterize a building or site.
(b) Maintenance of proportions and relationship between doors and windows in a manner compatible with the original structure architecture and with substantial adjacent buildings and other structures within the District. Minimum alteration of dimensions and locations of upper-story windows.
(c) When appropriate, restoration and/or repair, rather than replacement of deteriorated architectural features.
(d) Removal of discordant building elements, especially if such removal will expose attractive details of the original building.
2. These actions/ activities are discouraged:
(a) Alterations or renovations which are arbitrary and seem to create the appearance of an architectural period not appropriate to the district.
(b) The renovation of street level storefronts in a manner inconsistent and incompatible with the upper stories of a structure.
(c) Conversely, the renovation of the upper stories of a structure in a manner consistent and incompatible with the other portions of the structure or adjacent structures.
(d) The use of surface cleaning techniques or other construction methods which are likely to damage finishes, details, or other desirable architectural elements.
Example of building facades which are appropriate to original character of building.
Examples of facade alterations which are incompatible with original character of building. All three (3) buildings have an inappropriate mixture of materials and styles. The metal and glass storefront on the two (2) buildings to the right completely ignores the upper floors and denies the fact that there are two (2) distinct buildings.
Example of compatible (top) and incompatible (bottom) signs.
d. Every development involving a new structure shall comply with these guidelines:
1. Height and setback distance from the street should be compatible with substantial adjacent buildings and other structures in the District.
2. Designs in the Historic District need not be replicas of old buildings, but identified architectural styles should be similar and compatible.
3. Roofs should be compatible with the architectural styles and surrounding structures in the Historic District.
4. Size and mass of structures should reflect the neighborhood scale and the form of buildings and spaces in the district. Regardless of traditional or contemporary design, a new building should relate to the old in terms of the mass of the walls versus openings in the walls and in the differentiation between first floor uses and upper floor uses.
5. Facades of new structures should blend with other structures with regard to directional expression. New structures should be compatible with dominant horizontal and vertical expression of surrounding buildings.
(Ord. #686, S 13-5.30)
Cluster (reduced lot size) criteria shall be added to the general provision of Section 25-5 as follows:
The Municipal Agency may approve cluster (reduced lot, size) development when permitted in a particular zone district if the Municipal Agency is satisfied that the property proposed for such development is suitable and that the intent and purposes of the Master Plan and this Chapter will be advanced by such development.
The applicant will submitt a written request to utilize this criteria with a sketch plat submission. The applicants request will contain a complete description of the development, an explanation and evaluation of advantages and disadvantages, an explanation of this disposition of any open space, a sketch plat of a conventional subdivision of the property requiring no variance and a sketch plat of the proposed development with the same number of units as the conventional subdivision.
Minimum requirements for cluster (reduced lot size) development will be: tract size - ten (10) acres; minimum lot frontage - fifty (50%) percent of zone district requirement; minimum lot width - sixty-six and two-thirds (66-2/3%) percent of zone district requirement for lot frontage; minimum lot area - fifty (50%) percent of zone district requirement; minimum front yard setback - same as zone district requirement. Minimum rear and side yard setbacks and other bulk requirements may be determined by the Municipal Agency based on site characteristics and submissions by the applicant regarding housing types and building design.
(Ord. #686, S 13-5.31)
In all zones for all proposed uses, subdivision, site development or construction other than an "exempt development," site plan and/or subdivision approval shall be required prior to:
a. Subdivision of land.
b. Issuance of a development permit or building permit.
c. Commencement of any regulated use or activity, which includes:
1. The erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structures;
3. The subdivision or resubdivision of any land.
4. Any activity which entails the construction of any improvements or the alteration of the natural condition of any land.
(Ord. #686, S 13-6.1)
a. In all cases, application shall first be made to the Administrative Officer for issuance of a development permit by any person wishing to undertake any regulated activity.
b. If the Administrative Officer shall determine that the proposed undertaking is an "exempt development" which conforms in all aspects to the requirements of this Chapter and does not require direction for issuance of a Building Permit pursuant to Section 25 or Section 27 of Chapter 291, P.L. 1975 (Municipal Land Use Law), he shall issue a development permit and the applicant may then apply for a building permit and/or other permits that may be required.
c. If the Administrative Officer shall determine that. the proposed undertaking is an "exempt development" but does not conform in all aspects to the requirements of this Chapter and/or requires direction for issuance of a Building Permit pursuant to Sections 25 or 27 of Chapter 291, P.L., 1975, he shall instruct the applicant that Board of Adjustment approval of an application for development for variance and/or direction for issuance of a building permit is required before a development permit may be issued allowing the applicant to apply for a building permit and/or other permits that may be required.
d. If the Administrative Officer shall determine that the proposed undertaking is not an "exempt development" he shall instruct the applicant that Planning Board or Board of Adjustment approval of an application for development is required. He shall further advise the applicant which Board has jurisdiction over the application for development and which of the following approvals are required:
1. Site plan.
2. Subdivision.
3. Variance.
4. Conditional use.
5. Direction for issuance of a building permit.
e. The Planning Board or Board of Adjustment shall hear and act upon any requests for granting of variances, conditional use approval and/or direction for issuance of a building permit at the same time that they hear and act upon a minor subdivision, preliminary plat of a major subdivision, a minor site plan, or a preliminary plat of a major site plan. Such simultaneous action may be taken in conjunction with a final plat of a major subdivision or major site plan if revisions in the plat subsequent to preliminary plat approval shall have created the need for such simultaneous action or if the application is for combined preliminary and final plat approval.
(Ord. #686, S 13-6.2)
a. Informal Review. At the request of the developer, the Planning Board shall grant an informal review of a concept plan for a development for which the developer intends to prepare and submit an application for development. The developer shall not be required to submit any fees for such an informal review. The developer shall not be bound by any concept plan for which review is requested and the Planning Board shall not be bound by any such review. Such review shall be limited to planning concepts and no written reaction to the review shall normally be provided by the Board.
b. Preliminary Submission. Any developer who intends submit an application for development may request to be scheduled as a preliminary submission. The purpose of a preliminary submission is to establish general guidelines to be followed by the applicant in preparing his submission with primary regard to plat details and submission requirements. The Board will advise the developer in writing of any determination reached as a result of a preliminary submission, Fees are provided for preliminary submissions.
(Ord. #686, S 13-6.3)
a. Submission Requirements. All applications for development shall be submitted in triplicate and shall be accompanied by at least fifteen (15) copies of the required plat maps and supporting attachments, exhibits and information, including a development application form; affidavit of ownership; current survey prepared in accordance with N.J.S.A. 45:8 and N.J.S.C. 13:40-5.1 et seq., "Preparation of Land Surveys" dated September 1984; and a narrative of the proposal in question: Applications for development shall not be accepted by the Administrative Officer unless they are accompanied by the required fees as set forth in Subsection 25-3.4 of this Chapter.
b. Administrative Review. Upon receipt of an application for development, the Administrative Officer shall retain the original of the application and one (1) copy of the plat maps and attachments and forward the other two (2) copies of the application and all plat maps, supporting attachments, exhibits and other information submitted to the Secretary of the Planning Board or the Secretary of the Board of Adjustment (whichever Board has jurisdiction). The Secretary of the Planning Board or the Board of Adjustment shall review the application for compliance with submission requirements. If the application is for a site plan, subdivision and/or conditional use, the Secretary of the Planning Board or Board of Adjustment shall make the following distribution of the application, plat maps and attachments:
Historical Committee (only if and when application is within limits of any Historic District now or to be established)
The Planning Board or Board of Adjustment may determine that additional distribution of the application, plat map and attachments should be made to other agencies and in such cases the applicant may be required to submit additional prints.
c. Completeness Review. When all submission requirements have been fulfilled and, in the case of major site plans, subdivisions and conditional uses, when completeness review reports have been received -from the Borough Engineer certifying that the plans and attachments are in compliance with all submission requirements; and the Administrative Officer will, if all other requirements have been met, issue a Certificate of Completeness and forward the application to the Municipal Agency for hearing.
If an application for development is found to be incomplete, the developer shall be notified in writing of' the deficiencies therein by the Municipal Agency or by the Agency's designee or by the Administrative Officer within forty-five (45) days of the submission of such application or it shall be deemed to be properly submitted.
d. Engineering Review. The Borough Engineer shall review applications for development for site plans, subdivisions and conditional uses and shall advise the Planning; Board and/or the Board of Adjustment and the applicant of any technical deficiencies, required changes and/or recommended changes. Fifteen (15) copies of revised plans and attachments, which correct all deficiencies, incorporate all required changes and satisfactorily consider all recommended changes shall be submitted to the Administrative Officer for further review.
e. Conditional Approvals. After issuance of a Certificate of Completeness, all applications for development shall be acted upon by the Planning Board or Board of Adjustment within the time limits set forth within Section 25-3 of this Chapter, or within such further time as may be consented to by the applicant. If required approvals from other government agencies have not been received prior to Planning Board or Board of Adjustment approval of an application for development, such approval shall be conditional upon the subsequent approval or approvals by the other government agencies unless the applicant shall request that such approval be withheld until the approval or approvals from the other government agencies have been received.
If approval is granted conditioned upon the subsequent approval of another government agency and such government agency requires revisions in the plat which alter the layout and/or design standards approved by the Planning Board or Board of Adjustment to an extent that the Board determines that the basis upon which the approval was granted has been changed, the applicant shall be required to receive revised approval from the Planning Board or Board of Adjustment and pay the fees for such revised approval set forth in Subsection 25-3.4 of this Chapter.
f. Board Action. In acting upon an application for development for a subdivision or site plan, the Planning Board and/or Board of Adjustment shall consider whether the submittal complies to the following standards and regulations:
1. The proposed use is consistent with the Master Plan.
2. The plat submission contains all of the information and data required by this Chapter.
3. The details and improvement standards of the plat are in accord with the standards of this Chapter.
4. Adequate provision is made for safe and convenient vehicular traffic access, circulation and parking.
5. Adequate provision is made for safe and convenient pedestrian circulation.
6. Ingress and egress for the site will not unduly impede or obstruct the flow of traffic on public streets.
7. Adequate provision has been made for the collection and disposal of storm water runoff and the proposed drainage facilities have been approved by the Borough Engineer.
8. Adequate provision has been made to screen adjoining residential properties from any adverse effects that might result from outdoor lighting, buildings, parking areas, refuse storage areas, recreation areas, equipment areas, bulk storage areas or similar utilities or structures located on the site.
9. Adequate provision has been made for compliance with the Performance Standards of this Chapter.
10. Adequate provision has been made to provide structures and uses of a quality and design which will not produce adverse effects on existing developments in the surrounding area or future uses designated for the surrounding area in the Master Plan.
11. The proposed development is compatible with approved subdivisions and/or site plans for adjacent and nearby parcels of land.
g. Reproduction Fee and Issuance of Development Permit. Approvals of all applications for development shall not be valid until all of the following have taken place:
1. The Administrative Officer shall certify that all conditions of approval have been satisfied.
2. In the case of applications for development for site plans and subdivisions, the applicant shall submit the reproducible original of the plat for signature of the Chairman and Secretary of the Planning Board or Board of Adjustment, and in the case of minor subdivisions or final plats of major subdivisions the Borough Engineer.
3. In the case of applications for development for site plans and subdivisions, the applicant shall have paid the required reproduction fees.
4. The Administrative Officer shall cause three (3) copies of the signed plat and attachments to be reproduced. One (1) copy shall be retained in the files of the Administrative Officer, one (1) copy shall be retained in the files of the Borough Engineer and one (1) copy shall be retained in the files of the Planning Board or Board of Adjustment.
5. After signature and reproduction the Administrative Officer shall return the reproducible original of the plat and attachments to the applicant.
6. For all applications for development that receive minor or final plat approval, the Administrative Officer shall issue a development permit after the plat has been signed. The date of the development permit shall be the date upon which the approval becomes valid. The date upon which the approval of applications for development related to the preliminary plats becomes valid shall be the date on which the plat is signed by the Chairman and Secretary of the Planning Board or Board of Adjustment. However, the period of time for which certain rights are conferred upon the applicant shall commence on the date which the Planning Board or Board of Adjustment granted the approval.
h. Waiver of Requirements. The Municipal Agency may, upon specific written request of an applicant, consider and approve or deny requests for waiver of submission requirements or for any of the specific plat detail requirements set forth in this section. All such requests by an applicant shall cite the specific requirement by section number and shall state the specific reason for request of waiver. An application which either meets all submission and detail requirements will be considered complete. If a request for waiver is denied, the applicant must provide the required submissions. Such detailed submissions will be reviewed as provided for new applications and all time limits will recommence as for new applications.
(Ord. #686, S 13-6.4)
