Regulations controlling the P-1 Professional Zone District shall be as follows:
A. Permitted uses.
(1) Single-family detached dwellings.
(2) Offices and facilities of medical doctors, dentists, architects, engineers, lawyers, insurance agents, accountants, land surveyors, planners or related professional services licensed by the State of New Jersey.
(3) Within the P-1 Zone District on Sycamore Avenue, the following additional uses are permitted: banks, lending or other fiduciary facilities, realtors and municipal buildings and uses as are deemed appropriate by the Borough Council.
(4) Other public buildings of a governmental or cultural nature.
(5) Fairs, bazaars, carnivals, rummage sales, Christmas tree sales and similar functions or fundraising activities sponsored and conducted by any nonprofit religious, charitable, philanthropic or eleemosynary organization or any public service organization, such as a volunteer fire company, first aid squad or parent teacher association, provided that such function or activity shall be limited to a period not exceeding two (2) weeks' duration.
(6) Trailers of contractors actively engaged in construction work, provided that said trailers are located on the project and are removed immediately upon the completion of Paid construction.
B. Architectural requirements.
(1) Within the Patterson Street P-1 Zone District, converted and new professional offices shall be designed to be compatible in scale, construction and
E. Standards and regulations shall be in accordance with the schedule referred to in § 94-10.1 and contained in this chapter.
Regulations controlling the LI Light Industrial Zone District shall be as follows:
A. Permitted uses.
(1) Within any LI Zone and except, as provided in §§ 94-4.1 through 94-4.7 hereof, no building or land shall be used in whole or in part for any other than the following purposes:
(a) Any 'light industry," which is hereby defined as any industry which manufactures, processes, assembles or otherwise treats products, the manufacture, assembly or treatment of which does not cause or result in or will not tend to cause or result in toxic or objectionable or corrosive fumes, vapors, odors, effluent, gas, smoke, dust, glare, flashes or excessive noise or vibration, including buildings and structures for offices and distribution purposes incidental to the light industry herein defined, and which light industry purpose conforms to the following
[1] Any and all manufacturing, processing, assembling or treatment shall be carried on within and confined to an enclosed structure or structures.
[2] Any and all buildings and structures used for light industry shall comply with the Schedule of Zoning District Regulations, except that for any and all buildings and structures located within the LI Zone District east of the railroad (Block 31. Lot 1) shall be set back at least one hundred fifty (150) feet from the center line of any public street or public road on which the premises abuts or fronts. The space provided for a front yard setback, except sidewalks and such reasonable ways for ingress and egress to and from the premises or any building or structures thereon from and to any public street or road, shall be grass-seeded and landscaped and remain at all times free of parking, loading and unloading. No building or structure on any property in any LI Zone shall be used, placed or erected nearer than fifteen (15) feet of a side yard line and thirty (30) feet of a rear yard line to any building or structure or any other property.
(b) New automobile sales facilities, including appurtenant automobile servicing.
(c) All uses permitted in the P-1 Zone..
(d) Banks and fiduciary institutions.
(e) Indoor theaters.
(f) Business and professional offices.
B. Prohibited uses. Within any LI Zone, no building or land shall be used in whole or in part for purposes, including but not limited to the following purposes:
(1) Any uses prohibited in § 94-10.3.
(2) Any uses allowed or permitted in B-1 or B-2 Zones, with the exception of those specifically permitted in Subsection A above.
(3) Any of the following principal uses or any principal uses similar to the following:
Animal hospitals or kennels housing more than three (3) animals and nearer than one hundred (100) feet to any residential zone
Asbestos manufacturing
Asphalt plants
Automobile wrecking
Boiler shops, steel car or locomotive shops, railway repair shops and metalworking shops and all shops or industries operating reciprocating hammers or reciprocating chisels
Brick, pottery, tile and terra-cotta manufacturing
Celluloid, pyroxylin or plastic manufacturing or explosive or inflammable cellulose or pyroxylin products manufacturing or storage
Cupola or metal-smelting furnace
Dye or dyestuff manufacturing
Flour or grain mill
Forge or foundry works
Gas (illuminating or heating) manufacture or storage
Grain drying or poultry feed manufacturing from refuse, mash or grain
Hair or hair products manufacturing
Junkyards
Linoleum, oilcloth or oiled goods manufacturing
Meat packing
Metal or ore reduction or smelting
Motels
Paper and pulp manufacturing
Plaster manufacturing
Potash manufacturing or refining
Rock or stone crusher. mill or quarry
Rubber, caoutchouc or gutta-percha manufacturing or treatment from crude or scrap material or the manufacturing of articles therefrom or from balata
Sewage disposal plant. except by the municipality
Shoeblacking or shoe polish or stove polish manufacturing
Slaughterhouse, including packing and storage for wholesale
Soda ash, caustic soda or washing compound containing chlorine or bleaching powder manufacturing or refining
Steel furnace, blooming or rolling mill
Storage, drying, cleaning of iron, junk, rags, glass, cloth, paper or clipping, including sorting, refining, baling, wool pulling and scouring
Tannery
Tar or asphalt roofing or waterproofing manufacturing
Tourist camp or trailer camp
Vinegar manufacturing
C. Permitted accessory uses.
(1) Private garages subject to the provisions of § 94-8.19.
(2) Other customary accessory uses and buildings, subject to § 94-5.8, provided that such uses are incidental to the principal use and do not include any activity commonly conducted as a business. Any such accessory use shall be located on the same lot as the principal building.
(3) Signs. subject to § 94-8.34.
(4) Fences and hedges, subject to § 94-8.16.
(5) Off-street loading, subject to § 94-8.25.
(6) Off-street parking, subject to § 94-8.26.
D. Conditional uses, subject to the provisions of Article IX of this chapter.
(1) Public utilities.
E. Standards and regulations shall be in accordance with the schedule referred to in § 94-10.1 and contained in this chapter.
Regulations controlling the LIR-60 and LIR-88 Limited Industrial and Research Zone Districts shall be as follows:
A. Permitted uses.
(1) Office buildings for a scientific research or engineering facility.
(2) Office buildings for executive, administrative, business or professional users and purposes, provided that the same are of a nonmanufacturing nature. The permitted uses are such as, but not limited to, insurance, banking, data processing and computer operations.
B. Permitted accessory uses.
(1) Private garage space for the storage of vehicles utilized in conjunction with a permitted used within the principal building(s).
(2) Off-street parking, subject to the provisions of § 94-8.26 and Subsection D(2) below.
(3) Signs, subject to the provisions of § 94-8.34.
(4) Fences and hedges, subject to the provisions of § 94-8.16.
(5) Buffers, subject to the provisions of § 94-8.6.
C. Conditional uses, subject to the provisions of Article IX of this chapter.
(1) Public utilities.
(2) Places of worship.
D. Standards and regulations in accordance with the schedule referred to in § 94-10.1 and a part of this chapter and also as follows:
(1). No building shall be constructed within one hundred fifty (150) feet of any property zoned for residential use in a LIR-88 Zone District or seventy-five (75) feet in a LIR-60 Zone District.
(2) Parking. Off-street parking shall be provided in accordance with § 94-8.26 and shall be located as follows:
(a) Within eight hundred (800) feet of Broad Street in any yard not closer than twenty (20) feet to any street line or rear property line.
(b) In the area beyond the eight-hundred-foot line, in any yard, but not in any front or side yard, except for the installation of a parking area for visitors _ the handicapped, but not closer than fifty (50) feet to any street line or property line.
(c) Within an LIR-60 Zone District, within any side or rear yard but not in a front yard nor closer than fifteen (15) feet to any property line.
A. Purpose.
(1) The flood hazard areas of the Borough of Shrewsbury are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief and impairment of the tax base, all of which adversely affects the public health, safety and general welfare. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities and, when inadequately flood proofed, elevated or otherwise protected from flood damage, also contribute to the flood loss.
(2) It is the purpose of this section to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to
(a) Protect human life and health.
(b) Minimize expenditure of public money for costly flood control policies.
(c) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
(d) Minimize prolonged business interruptions.
(e) Minimize damage to public facilities and utilities. such as water and gas mains, electric, telephone and sewer lines, streets and bridges, located in areas of special flood hazard.
(f) Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.
(g) Ensure that potential buyers are notified that property is in an area of special flood hazard.
(h) Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
B. Applicability. Any and all lands or portions of lands which extend into, traverse or lie within the area of special flood hazard or floodplain as delineated and defined below shall be subject to the rules and regulations as set forth herein as well as the other development regulations applicable to the zone district in which said lands are placed.
(1) The areas of special flood hazard identified on the Flood Insurance Rate Map by the Federal Insurance Administration for the Borough of Shrewsbury, Monmouth County, New Jersey, dated August 1, 1979, and as may be amended.
(2) Maps prepared in 1980 and 1981 by the New Jersey Department of Environmental Protection delineating flood hazard areas which are on file with the Borough Clerk.
(3) In areas which are not mapped, flood-prone areas may be delineated by engineering calculation for a one-hundred year design storm in a manner acceptable to the Borough Engineer.
(4) In cases where there are conflicts between maps and/or design storm calculations, the more stringent shall apply.
C. Prohibited uses. No person shall hereafter engage in or cause other persons to engage in any of the following prohibited activities or land uses within any portion of a flood hazard area, except as permitted as a lawful preexisting use pursuant to Article IV of this chapter:
(1) The placing, depositing or dumping of any solid waste.
(2) The dumping, disposal or discharge of pesticides, domestic or industrial wastes, radioactive materials, petroleum products or other hazardous materials, except as authorized under other provisions of law. including authorized Mosquito Control Commission programs.
(3) Any use which is not permitted in the district regulations of Article X of this chapter for the zone district in which the flood hazard area is located.
D. Regulated uses. For purposes of this subsection, regulated uses are activities and land uses within the flood hazard area which:
(1) Are not prohibited under Subsection C.
(2) Result in excavation, fill or grading.
(3) Require channel modification or relocation.
(4) Require under the terms of this chapter approval of a subdivision, site plan, conditional use or require a variance pursuant to N.J.S.A. 40:55D-70c. 40:55D- 70d and 40:55D-76a.
(5) Require the erection of a structure or building (temporary and permanent).
E. Floodplain encroachment permit required.
(1) Subject to the provisions of § 94-10.13P of this chapter, no person shall hereafter engage or cause other persons to engage in any development or regulated use in a flood hazard area as defined herein unless and until such person shall have applied for and received from the Administrative Officer (Zoning Officer) a floodplain encroachment permit.
(2) Where a lot, tract or parcel is proposed for development and a portion of said lot, tract or parcel lies within a flood hazard area, a development permit may be issued without the prior approval and issuance of a floodplain encroachment permit, provided that said development does not in any way during or as a result of construction or development disturb the natural condition of or encroach upon the flood hazard area and/or result in any manmade change to the flood hazard area, including the placement therein of buildings or structures or mining, dredging, filling, grading, paving, excavation or drilling, and Provided moreover that said development does not require site plan, subdivision or conditional use approval nor require the issuance of any variance. The Administrative Officer (Zoning Officer) may require such information prior to the issuance of the development permit and impose such conditions to assure that the development does not disturb or encroach upon the flood hazard area.
(3) Minor uses or activities within a flood hazard area, such as but not limited to gardens, flower beds, open fences, temporary play equipment, lawn furniture or the removal of dead or diseased trees, which are accessory to and normally associated with the enjoyment of a single family dwelling and which, in the opinion of the Administrative Officer (Zoning Officer), do not alter or increase the flood hazard and do not require a floodplain encroachment permit.
(4) Practices within a flood hazard area that are related to a farm. such as terracing, construction of diversions, subsurface drainage. construction of grassed waterways and dug ponds, shall be designed and constructed under the supervision of the Freehold Soil Conservation District and shall be considered a regulated use for which the issuance of a floodplain encroachment permit is required.
F. It shall be the duty and responsibility of the Administrative Officer (Zoning Officer) to issue or deny an application for a floodplain encroachment permit after consultation with the Borough Engineer and the Construction Official in accordance with the following. He shall:
(1) Review all such applications to determine that the permit requirements of this section have been satisfied.
(2) Review all such applications to require that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required.
(3) When base flood elevation data has not been provided in accordance with § 94-10.13B, obtain, review and reasonably utilize other base flood elevation data available from a federal., state or other source upon approval and acceptance by the Borough Engineer, in order to administer this section.
(4) Verify and record the actual elevation (in relation to mean sea level) of the lowest floor (including the basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
(5) Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of § 94-5.27 are met.
(6) Determine that the development complies with the design standards of § 94-5.27.
(7) For all new or substantially improved floodproofed structures:
(a) Verify and record the actual lowest floor elevation
(in relation to mean sea level); and
(b) Maintain the floodproofing certifications required in § 94-10.13H.
(8) Maintain for public inspection all records pertaining to the provisions of this section.
(9) Alteration of watercourses.
(a) Notify adjacent communities and the New Jersey Department of Environmental Protection prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration.
(b) Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
(10) For any development application involving a regulated use and for which approval of a subdivision, site plan, conditional use or a variance is required, the Administrative Officer (Zoning Officer) shall refer said application to the Planning Board for review and approval, approval with conditions or denial of the floodplain encroachment permit in accordance with § 94-10.131.
G. Duties and responsibilities of the Board of Adjustment. In those cases where an application for development requires a floodplain encroachment permit for a regulated use as a precondition to the issuance of a development permit as set forth in § 94-10.13F, then the Board of Adjustment shall have the same power to act on the application for a floodplain permit subject to the same restrictions and requirements as the Planning Board.
H. Application procedures. Where an application for development is classified as a regulated use within a flood hazard area, the applicant shall submit for a floodplain encroachment permit the following to the Administrative Officer (Zoning Officer):
(1) An application fee.
(2) Four (4) copies of the floodplain encroachment application form and plans showing the following information:
(a) A plan drawn to scale showing the nature, location, dimensions and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing.
(b) Elevation, in relation to mean sea level, of the lowest floor (including the basement) of an structures.
(c) Elevation, in relation to mean sea level, to which any nonresidential structure has been floodproofed.
(d) Plans showing how any nonresidential floodproofed structures will meet the floodproofing criteria of § 94-5.27F.
(e) Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
(3) Distribution.
(a) The Administrative Officer (Zoning Officer) shall distribute the application form and plans as follows:
[1] One (1) copy to the Construction Official.
[2] One (1) copy to the Zoning Officer.
[3] Two (2) copies to the Borough Engineer's office.
(b) All information shall be complete, responsive and accurate to the best of the applicant's knowledge and ability and, if required, be prepared by a licensed professional engineer, architect and/or land surveyor.
(4) Declaration of completeness of submission of additional information. Within thirty (30) days of its submission, the Administrative Officer shall take action on an application for a floodplain encroachment application. Such action may approve, deny or declare incomplete said application or notify the applicant that the development requires approval by the Planning Board. The applicant shall be notified in writing of the action taken. If the application is incomplete, the applicant shall be notified of the additional items or information required to complete the application. Failure of the applicant to furnish such information within twenty (20) days of being so notified will result in denial of the application. The Administrative Office shall any issue a floodplain encroachment permit unless a favorable report has been issued by the Borough Engineer's officer and nay required prior approval of the Planning Board or Board of Adjustment has been granted.
I. Development applications to be consolidated with floodplain encroachment permit applications.
(1) Any person who intends to apply for a floodplain encroachment permit hereunder, and who further intends to apply for conditional use approval for subdivision approval, for site plan approval or for any variance pursuant to N.J.S.A. 40:55D-70c, 40:55D-70d or 40:55D-76a shall consolidate all information required by the floodplain encroachment application to be platted with all tentative and final subdivision plats, site plans or other such plans submitted pursuant to this chapter. Additional copies of the floodplain encroachment application form shall be submitted as required by the Board.
(2) Where platted information has been consolidated as herein required, the Planning Board or Board of Adjustment shall consider simultaneously the application for a floodplain encroachment permit and the application for subdivision, site plan, conditional use or variance approval.
(3) Where platted information has been consolidated as herein required, such consolidation shall not constitute a waiver of the requirements of any other provision of this or any other ordinance except that the Planning Board may refrain from taking any action on such floodplain encroachment permit application until final subdivision, site plan, conditional use or variance approval is granted or denied.
(4) This subsection is in no way intended to excuse any applicant for subdivision or site plan approval from any other applicable provisions of this chapter or any other provisions of law but is solely intended to eliminate the necessity for dual. submission.
J. A floodplain encroachment permit may be issued WE after review and consideration of the application, with. due regard for the criteria of this chapter, the use or activity as proposed by the applicant, or as conditioned by the approving authority.
(1) Has low flood damage potential.
(2) Neither obstructs flood flows or increases flood heights or velocities unduly, whether acting alone or in combination with other existing or expected uses.
(3) Does not increase significantly the rate of local runoff, erosion and sedimentation.
(4) Does not degrade significantly the water-carrying capacity of any delineated floodway or channel.
(5) Does not degrade significantly the quality of surface water or the quality and quantity of groundwaters.
(6) Does not stress unduly the environment of the floodplain.
(7) Does not require channel modification or relocation.
(8) Does not involve the storage of hazardous materials.
(9) Does not- require excessive fill.
(10) Complies with the design standards of § 94-5.27.
(11) Is elevated in accordance with § 94-5.27E in the case of residential structures, or is elevated or floodproofed in accordance with § 94-5.27F in the case of nonresidential structures.
K. Conditional issuance. The approving authority may impose such conditions on regulated uses as it deems necessary to promote and protect the public safety, health and welfare, to protect public and private property and to preserve, protect and enhance the natural environment of the floodplain.
L. Certification prior to occupancy. Prior to the issuance of a certificate of occupancy for buildings or structures erected within a special flood hazard area, an engineer or architect licensed in the State of New Jersey must certify that such buildings and structures have been built to comply with § 945.27E, F and/or G, as applicable.
M. Revocation of floodplain encroachment permits. Floodplain encroachment permits may be revoked by the municipal agency or Administrative Officer (Zoning Officer) for any violation of these regulations or for violations of any permit conditions. Continuation of the use or activity subsequent to revocation shall be deemed a violation of this chapter.
N. Penalties. Any persons engaging in a use or activity prohibited in this section or engaging in an activity without receiving a floodplain encroachment permit where one is required shall be subject to the penalties of § 94-3.9A.
O. Design waivers. An applicant desiring a waiver of the design conditions and standards required for the issuance of a floodplain encroachment permit may appeal to the Planning Board for a waiver in accordance with § 94-5.27J.
P. Maintenance, repair, expansion and reconstruction of uses within a flood hazard area. Uses of land or structures in a flood hazard area which lawfully existed on or before the effective date of this chapter shall be permitted to remain, subject to the following conditions.
(1) Routine maintenance and repair of preexisting structures are permitted and do not require a floodplain encroachment permit.
(2) No preexisting structure or use defined as a regulated use in a floodplain shall be expanded or enlarged unless a floodplain encroachment permit has been received.
(3) If a preexisting structure is damaged by any means, including floods, to the extent that the cost of reconstruction or repair exceeds fifty percent (50%) of the reproduction cost, such structure shall not be reconstructed unless a floodplain encroachment permit has been applied for and received.
(4) If a structure is substantially and lawfully under construction on or before the effective date of the regulations, then such a structure may be completed without a floodplain encroachment permit.
(5) No preexisting use shall be changed or modified so as to increase its flood damage potential, unless a floodplain encroachment permit has been applied for and received.
(6) Routine maintenance and repair of a structure for which a floodplain encroachment permit has been granted is permitted and shall not require additional floodplain encroachment permits. Maintenance and repair shall comply with the terms of the original permit.
(7) If a structure, for which a floodplain encroachment permit has been granted, is destroyed to the extent that the cost of repair exceeds the reproduction cost, such structure shall not be reconstructed unless a new floodplain encroachment permit has been applied for and received.
Q. Warning and disclaimer of liability. The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the area of special flood hazard or uses permitted within such area will be free from flooding or flood damages. This section shall not create liability on the part of the Borough of Shrewsbury, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this section or chapter or any administrative decision lawfully made thereunder.
