104 N CUMBERLAND AVE HAINESPORT NJ 08036

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Attached is the copy of the permit for the pool

Kathy Newcomb
Construction Tech/Zoning Officer
Hainesport Township
Ph: 609-267-2730 x 109
Fax: 609-267-0438

Please let us know if you are satisfied with the information sent and that we are able to close out this opra requeat

Thank you

Kathy

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Township of Hainesport, NJ

Monday, March 4, 2019

[1]Chapter 104. Land Use

[2]Article VIII. General District Regulations

[3]§ 104-53. Regulations applicable to all zones.

Except as hereinafter provided, the following general regulations shall
apply to all zones:

[4]A.

General. No building shall hereafter be erected and no existing building
shall be moved, structurally altered, rebuilt, added to or enlarged; nor
shall any land be used for any purpose other than those included among the
uses listed as permitted uses in each zone by this chapter and meeting the
requirements set forth in Article [5]VII; nor shall any open space
contiguous to any building be encroached upon or reduced in any manner,
except in conformity with the yard, lot area, building, location,
percentage of lot coverage, off-street parking space and all other
regulations designated in Article [6]VII of this chapter for the zone
district in which such building or space is located. In the event of any
such unlawful encroachment or reduction, such building or use shall be
deemed to be in violation of this chapter, and the building permit and all
other permits shall become void.

[7]B.

Frontage on public street. Every principal building shall be upon a lot
with frontage on a public street which has been improved to meet Township
standards or for which such improvement has been ensured by the posting of
a performance guaranty pursuant to the provisions of this chapter.

[8]C.

Temporary buildings. Temporary buildings for use incidental to
construction work associated with an approved application for development
may be permitted by the Construction Code Official at the time a building
permit is issued in any district, provided that such buildings are removed
when construction has ceased as determined by the Construction Code
Official.

[9]D.

Principal building. No residential lot shall have erected upon it more
than one principal building, and no yard or other open space provided
about any building for the purpose of complying with the provisions of
this chapter shall be considered to provide a yard or open space for any
other building.

[10]E.

Yards. All yards facing on a public street shall be considered front yards
and shall conform to the minimum front yard requirement for the zone in
which it is located.

[11]F.

Swimming pools. No swimming pool shall be located any nearer than 15 feet
to any rear or side property line, or in any case nearer to a street than
a principal building to which it is an accessory. The 15 feet are to be
measured from the nearest pool line to the property line. A permanent
barrier or obstruction not less than four feet nor more than six feet in
height, so constructed as entirely to enclose the swimming pool area and
to bar all reasonable and normal access to the swimming pool except
through a substantial gate or gates of the same height as the fence,
equipped with facilities for locking said gate when the pool is unattended
or unguarded, shall be provided for all swimming pools.

[12]G.

Fences and walls.

[13](1)

Permit required. No fence, wall, fence-like or wall-like barrier shall be
erected within a side or rear yard without first obtaining a permit from
the Construction Code Official, and no fence, wall, fence-like or
wall-like barrier shall be erected within or along a front yard without
first obtaining a conditional use permit as elsewhere provided within this
chapter, except that no permit shall be required for any fence, wall,
fence-like or wall-like barrier constructed by the Township Committee or
any of its boards, authorities, commissions or agencies, and further
provided that no additional application shall be required where the
barrier is shown on an approved development application in a side or rear
yard and otherwise conforms to the requirements of this section.

[14](2)

Height regulation.

[15](a)

No fence or wall hereafter erected, altered or reconstructed in any
residential zone or on lots in any other zone on which residential
buildings are erected shall exceed six feet in height above the adjacent
ground level.

[16](b)

No fence or wall hereafter erected, altered or reconstructed in other than
residential districts shall exceed a height of eight feet above the
ground.

[Amended 4-12-2011 by Ord. No. 2011-2-3]

[17](3)

Exception. The foregoing restrictions shall not be applied so as to
prevent the erection of an open-wire fence not exceeding 15 feet in height
above ground level anywhere within a public park, public playground or
public school properties. These restrictions shall not be applied so as to
restrict the erection of a wall for the purpose of retaining earth,
provided that such wall does not exceed such heights to be measured from
the ground level of the highest adjacent grade.

[18](4)

Fencing material regulations. The following fences and fencing materials
are specifically prohibited: barbed wire fences, sharp-pointed fences,
canvas, cloth, electrically charged fences, poultry netting, temporary
fences such as show fences, expandable fences and collapsible fences at
any location on the lot except when used in conjunction with an
agricultural use. All fences shall be situated on a lot in such a manner
that the finished side of the fence faces adjacent properties.

[Amended 2-9-1999 by Ord. No. 1999-2-1; 11-22-2005 by Ord. No. 2005-19-10]

[19](5)

Maintenance standards. Every fence or wall shall be maintained in a safe,
sound, upright condition and in accordance with the approved plan on file
with the Construction Code Official or Zoning Officer.

[20](6)

Location regulation.

[Amended 2-9-1999 by Ord. No. 1999-2-1]

[21](a)

All fences and walls must be erected within the property lines, and no
fence shall be erected so as to encroach upon a public right-of-way.
Fences not exceeding six feet in height above the ground may be erected
from the front face of the building to the side property lines and from
the front of the building to the rear of the property and along the rear
property line. No fence shall be permitted to alter or impede the natural
flow of water in any stream, creek, drainage swale or ditch.

[22](b)

A fence, front yard, shall be prohibited in the Planned Residential
Development District (PRD), the Residential-1 District and the Rural
Residential-5 District. A fence, front yard, shall be permitted in any
other districts subject to the restrictions and regulations specified in
this section and the requirements of the reviewing board in the interest
of public safety and aesthetics. Fences not exceeding 48 inches in height
above ground level may be erected between the front property line and a
line parallel to and passing through the front face of the building. Front
yard fences should be of a nonsolid construction, preferably split-rail
and of picket wood, or open plastic, iron; or aluminum construction. Chain
link fencing is prohibited between the front property line and a line
parallel to and passing through the front face of the building. No fence
shall be located closer than two feet to a street right-of-way or closer
than 12 feet to a gutter line or curbline of a private road or lane.
Agricultural uses are exempt from these requirements.

[Amended 7-19-2004 by Ord. No. 2004-9-6]

[23](7)

Maintenance enforcement. If the Construction Code Official or Zoning
Officer upon inspection determines that any fence or wall or portion of
any fence or wall is not being maintained in a safe, sound, upright
condition, he shall notify the owner of such fence in writing of his
findings and state briefly the reasons for such findings and order such
fence or wall or portion of such fence or wall repaired or removed within
10 days of the date of the written notice. Each day the person fails to
obey the order referred to above shall constitute a separate violation of
this chapter.

[24]H.

Artificial lights. No artificial lights shall be used by any building or
premises which, because of intensity, location, color or any other factor,
disturb the comfort, health or safety of those residing, working or using
private or public property, including streets within the range of said
lights, with standards elsewhere contained within this chapter.

[25]I.

Signs. Signs shall conform to the provisions of § [26]104-123 of this
chapter.

[27]J.

Accessory structures.

[Amended 8-24-1999 by Ord. No. 1999-5-7]

[28](1)

Distance between adjacent buildings and structures. The minimum distance
between an accessory building or structure and the principal building or
any other buildings on the same lot shall be 10 feet. The 10 feet are to
be measured from the nearest point of the principal structure to the
accessory structure. Accessory buildings or structures 100 square feet or
less shall be set back from side and rear lot lines a minimum distance of
two feet. Accessory buildings or structures greater than 100 square feet
shall be set back from side and rear lot lines a minimum distance of five
feet. Private garages shall conform to the setback requirements as
established in § [29]104-54B.

[Amended 11-22-2005 by Ord. No. 2005-19-10]

[30](2)

Height. The height of accessory buildings shall be a maximum of 15 feet.

[31](3)

Location.

[32](a)

An accessory building or structure may not be erected in required front
yards and shall be set back from side yard and rear lot lines a minimum
distance of 10 feet, except that, if erected on a corner lot, the
accessory building or structure shall be set back from the side street to
comply with the setback line applying to the principal building for that
side street, and except further that no poultry or livestock shelter,
excluding dog runs or other shelters for household pets, shall be erected,
used or located closer than 100 feet to any property line.

[33](b)

Swimming pools and tennis courts shall be set back from side and rear lot
lines a minimum distance of 15 feet. Swimming pools shall be set back from
the principal building or any other buildings on the same lot a minimum
distance of 10 feet. If erected on a corner lot, the swimming pool or
tennis court shall be set back from the side street to comply with the
setback line applying to the principal building for that side street.

[Added 11-22-2005 by Ord. No. 2005-19-10]

[34](4)

Membrane structures and temporary structures.

[Added 8-26-2008 by Ord. No. 2008-6-7]

[35](a)

Definitions. As used in this subsection, the following terms shall have
the meanings indicated:

[36]CARPORTS

A roofed structure, freestanding or attached to another structure,
designed to provide covered parking for vehicles, boats, travel trailers
and similar uses. It shall not have enclosed walls.

[37]MEMBRANE STRUCTURE

A structure usually consisting of an aluminum, steel, or plastic frame,
which is covered with a plastic, fabric, canvas, or similar nonpermanent
material, and is used to provide storage of material, vehicles, boats,
recreational vehicles or other personal property. The term shall also
apply to structures commonly known as "hoop houses," canopy-covered
carports, and tent garages and can be fully or partially covered but shall
not apply to canopies which are placed in public waters, and temporary
tents or canopies used for special events such as graduations, weddings,
commercial sales or commercial landscaping material sales.

[38]TEMPORARY STRUCTURE

Any structure of a temporary nature, including but not limited to tents or
canopies that cover an area in excess of 400 square feet, including
connecting areas or spaces with a common means of egress or entrance. A
temporary structure is defined as any structure erected on a lot for 120
days or less.

[39](b)

Membrane/Temporary structures in nonresidential districts. Permanent
membrane structures are a prohibited use in all nonresidential zoning
districts. A membrane structure may be permitted as a temporary accessory
structure on any lot in the Industrial (I), Highway Commercial (HC),
General Commercial (GC), Professional Office (PO) and Office (O) Zoning
Districts as an accessory structure, provided:

[40][1]

Every temporary structure erected on a parcel must be used for a purpose
related to such property or use.

[41][2]

The maximum size of a temporary membrane structure shall not exceed 400
square feet.

[42][3]

A temporary membrane structure is prohibited within the front yard of any
lot and shall comply with all dimensional regulations as established in
the applicable zoning district in which the structure is located.

[43][4]

The temporary structure may not be located in or on a parking lot
displacing parking stalls, unless it can be shown that an adequate amount
of parking remains to accommodate the use, including the use associated
with the temporary structure. In all circumstances, proper on-site drive
lane clearances must be established and maintained.

[44][5]

In conjunction with the application for a permit to erect, operate or
maintain a temporary membrane structure, the applicant shall also submit a
site plan indicating the location of the temporary structure and
information delineating the means of egress and the occupant load. Should
the structure be determined to have a de minimus impact on the lot, the
site plan application may be waived at the discretion of the Zoning
Official and Fire Official.

[45][6]

All temporary structures shall conform to the structural strength, fire
safety, and means of egress, accessibility, light, and ventilation, as
established in all applicable building and fire codes to ensure the public
health, safety and general welfare.

[46][7]

Only one temporary structure shall be permitted per business or use per
calendar year.

[47][8]

All temporary structures shall be removed within 72 hours from the
expiration of the permitted allotted time. Any temporary structure permit
holder that fails to have the temporary structure removed with 72 hours
will be subject to a fine of up to $2,000 per day for each day thereafter
that the temporary structure remains erected.

[48](c)

Membrane structures in residential districts. Permanent membrane
structures are a permitted use in all residential zoning districts,
provided:

[49][1]

The maximum size of a membrane structure shall not exceed 400 square feet.

[50][2]

A membrane structure is prohibited within the front yard of any lot and
shall comply with all dimensional regulations as established in the
applicable zoning district in which the structure is located.

[51][3]

In conjunction with the application for a permit to erect, operate or
maintain a membrane structure, the applicant shall also submit a site plan
indicating the location of the temporary structure and information
delineating the means of egress and the occupant load. Should the
structure be determined to have a de minimus impact on the lot, the site
plan application may be waived at the discretion of the Zoning Official
and Fire Official.

[52][4]

All structures shall conform to the structural strength, fire safety, and
means of egress, accessibility, light, and ventilation, as established in
all applicable building and fire codes to ensure the public health, safety
and general welfare.

[53](d)

Carport structures in residential districts.

[54][1]

Permanent carport structures are a permitted use in all residential zoning
districts, provided:

[55][a]

Carport structures are prohibited within the front yard of any lot and
shall comply with all dimensional regulations as established in the
applicable zoning district in which the structure is located unless hereby
amended by this Subsection [56]J.

[57][b]

There shall be a maximum of one carport structure per dwelling unit.

[58][c]

The maximum height of a carport structure cannot exceed the principal
structure and in no instance shall be more than 15 feet in height.

[59][d]

A minimum setback of five feet shall be established from any side or rear
property line.

[60][e]

In conjunction with the application for a permit to erect, operate or
maintain a membrane structure, the applicant shall also submit a site plan
indicating the location of the temporary structure and information
delineating the means of egress and the occupant load. Should the
structure be determined to have a de minimus impact on the lot, the site
plan application may be waived at the discretion of the Zoning Official
and Fire Official.

[61][f]

All structures shall conform to the structural strength, fire safety, and
means of egress, accessibility, light, and ventilation, as established in
all applicable building and fire codes to ensure the public health, safety
and general welfare.

[62][g]

A carport structure shall shelter not more than two vehicles and shall not
exceed twenty-four feet on its longest dimension.

[63][2]

Grandfathering of existing nonconformance.

[64][a]

Preexisting carports that do not conform to the requirements of this
subsection shall be exempt. Any carport that is required to be rebuilt is
no longer grandfathered.

[65]K.

Minimum floor area shall conform to Health Code standards.

[Amended 4-12-1994 by Ord. No. 1994-4-3]

[66]L.

Prohibited uses. Any use not specifically permitted in a zone established
by this chapter is hereby specifically prohibited from that zone, and the
following uses and activities are specifically prohibited in any zone of
the Township of Hainesport:

[67](1)

Any use of any building or premises in such a manner that the health,
safety or welfare of the community may be endangered.

[68](2)

Any use which emits excessive and objectionable amounts of dust, fumes,
noise, odor, smoke, vibrations, glare or waste products.

[69](3)

Any trade, industry or purpose that is noxious or offensive by reason of
the emission of odor, dust, smoke, gas or noise. The standards of the New
Jersey State Department of Environmental Protection shall be the
enforcement standard for this provision.

[70](4)

Residential structures without permanent connection to utilities.

[71](5)

Outdoor storage or display of more than one new or used motor vehicle or
trailer coach or any other motor vehicle goods for sale or storage at
point of sale or in transit, except in conjunction with authorized
dealers, except that a resident of a property may display not more than
one motor vehicle on-site during any one six-month period.

[72](6)

Junkyard, automobile wrecking or disassembly yards, the sorting or bailing
of scrap metal, paper, rags or other scrap or waste material.

[73](7)

Yard sales and auctions except as provided in Chapter [74]144, Sales, of
the Code of the Township of Hainesport.

[75]M.

General modifications. The following modifications to the requirements of
this chapter are permitted under the terms and specifications herein
stated:

[76](1)

Height. The height limitations of this chapter shall not apply to church
spires, belfries or cupolas nor to chimneys, ventilators, skylights,
television and radio antennas, water tanks, barns, farm buildings and
similar features and necessary mechanical appurtenances usually carried
above the roof level. Such features, however, shall be erected only to
such height as is necessary to accomplish the purpose they are to serve.
The provisions of this chapter shall not apply to prevent the erection
above the building height limit of a parapet wall or cornice or ornament
(and without windows extending above such height limit no more than five
feet). Public and quasi-public buildings, industrial and manufacturing
plants, schools, churches and other similar permitted uses may exceed the
height limitations of this chapter, provided that such uses shall increase
the front, rear and side yards one foot for each foot by which such
building exceeds the height limit herein established for such zone in
which it is located.

[77](2)

Projection. Chimneys, cornices or eaves may project into any front, side
or rear yard not more than 24 inches. An open or lattice-enclosed fire
escape or fireproof outside stairway may project into any yard not more
than twenty-five percent (25%) of the distance from the building wall to
the lot line. Under no circumstances shall any projection be closer to any
lot line than eight feet in any residential zone.

[78]N.

Municipal buildings, parks, playgrounds and other governmental uses. These
uses may be permitted in any zone where deemed necessary by the Township
Committee and approved by the Planning Board.

[79]O.

Performance standards. The following performance standards shall be
observed by all uses in all zones within the Township of Hainesport unless
a higher level of government imposes a more restrictive standard, in which
event said more restrictive standard shall apply:

[80](1)

Industrial wastes and sewage. All methods of sewage and industrial waste
treatment and disposal shall conform to state solid waste regulations. See
N.J.A.C. 7:9A-1.1 through 7:9A-12.8.

[Amended 4-12-1994 by Ord. No. 1994-4-3]

[81](2)

Storage: Storage of flammable or explosive liquids, solids or gases shall
conform to the Fire Safety Code and the Fire Subcode and the accessory use
standards of this chapter.[82][1]

[Amended 4-12-1994 by Ord. No. 1994-4-3]

[83][1]

Editor's Note: Former Section 15.075.15C, Smoke Control, and Section
15.075.15D, Control of Dust and Dirt, Fumes, Vapors and Gases, which
immediately followed this subsection, were deleted 4-12-1994 by Ord. No.
1994-4-3.

[84](3)

Control of smoke, dust and dirt, fumes, vapors and gases and odors shall
be in accordance with county and state requirements.

[Added 4-12-1994 by Ord. No. 1994-4-3]

[85](4)

Noise control. The sound pressure level of any use (not including ambient
noises not under control of the operator of the use) shall not exceed 65
dBA between 7:00 a.m. and 10:00 p.m. nor 50 dBA between 10:00 p.m. and
7:00 a.m. at any point on the boundary of an industrial district or on the
property line of lots outside an industrial district such that the decibel
levels [Decibels: 10 log P1/P2 where P2 is the referenced quality of
(0.002) dyne/cm^2. Sound pressure level shall be measured according to the
specifications published by the American Standard Association] in the
designed octave bank shown below (except for emergency alarm signals, and
subject to the following corrections: subtract five decibels for pulsating
or periodic noises, add five decibels for noise sources operating less
than 20% of any one-hour period) shall be the maximum allowable sound
pressure levels unless more restrictive requirements are established by
county, state or federal agencies.

Along Residence District Boundaries Along Business
Octave Band 7:00 a.m. to 10:00 10:00 p.m. to
p.m. 7:00 a.m. District Boundaries
(cycles per
second) (dBA) (dBA) (dBA)
0 to 124 65 50 65
125 to 249 58 44 62
250 to 499 53 39 59
500 to 999 46 35 53
1,000 to 2,400 40 30 47
2,400 to 4,800 34 26 41
Above 4,800 32 24 39

[86](5)

[87][2]Light and heat. No direct or reflected light or heat from any
source within an industrial district and no light or heat from any source
and reflected light from an industrial district shall be detectable beyond
the boundaries of the industrial district if the light or heat is or may
become an annoyance or interference with the comfort or general well-being
of the inhabitants of other districts adjacent to the industrial district;
this requirement shall be considered to have been met if adequate buffer
strips exist or have been planted. All sources of lights in industrial
districts will be provided with opaque shades above them so that light
from these sources will not shine directly or diagonally upward but so
that the light will be dispersed horizontally and downward for the purpose
of minimizing reflected light from clouds and dust particles in the air
during the night; this opaque shade requirement will also apply to
industrial operations such as furnaces, cutting torches, etc., which
produce light incidentally in the function of their primary purpose which
may be other than that of providing light.

[88][2]

Editor's Note: Former Section 15.075.15F, Control of Odors, which
immediately preceded this subsection, was deleted 4-12-1994 by Ord. No.
1994-4-3.

[89](6)

Vibration control. Machines or operations which cause vibration shall be
permitted, but in no case shall any such vibration be perceptible outside
of the limits of the lots.

[90](7)

Radiation or electrical emission, radioactivity or electrical disturbance.
No activities shall be permitted which emit dangerous radioactivity beyond
enclosed areas. No electrical disturbances (except from domestic household
appliances) shall be permitted to affect adversely, at any point, any
equipment, other than that of the creator of such disturbance.

[91](8)

Electric, diesel, gas or other power. Every use requiring power shall be
so operated that any service lines, substation, etc., shall conform to the
highest applicable safety requirements; shall be constructed, installed,
etc., so that they will be an integral part of the architectural features
of the plant; or, if visible from abutting residential properties, shall
be concealed by evergreen planting or screening with architectural
materials common to the building(s).

[92]P.

Prohibited uses specified. As stipulated in Article [93]VII of this
chapter, all uses not expressly permitted are prohibited. While not
intended to be an all-inclusive list, in order to avoid any questions as
to the intent of this chapter, the following uses are expressly prohibited
in all zoning districts and upon all lands throughout Hainesport Township:

[Added 8-24-1999 by Ord. No. 1999-5-7]

[94](1)

Arcades.

[95](2)

Junkyards.

[96](3)

Used car lots. Nothing herein shall be interpreted to prohibit the sale or
exchange of a used or secondhand motor vehicle in a residential zone by
any individual living in that residential zone and to whom the used or
secondhand motor vehicle is titled, provided that only one vehicle may be
sold from the property at any one time.

[97](4)

Towing stations. This subsection shall not be interpreted or construed to
prohibit the operation of a towing station, as an accessory use to a
service station, where the primary business of said service station is the
dispensing or sale of vehicular fuels.

[98](5)

Amusement parks, kiddie lands and rides. This subsection shall not be
deemed to prohibit temporary fundraising events sponsored by a nonprofit
organization, as such temporary fundraising events may be specifically
approved by the Township Committee.

[99](6)

Trailers. Trailers and other stationary structures of a similar nature for
storage, warehouse space, sales area or other use for commercial purposes
are prohibited, except where expressly permitted elsewhere in this
chapter.

References

Hi Jessica

Wanted to make sure you got this & if we can close out the OPRA request

Thanks

Kathy

From: Kathy Newcomb
Sent: Monday, March 04, 2019 1:19 PM
To: '[OPRA #4279 email]'
<[OPRA #4279 email]>
Subject: Emailing: Township of Hainesport, NJ

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Resize:

Township of Hainesport, NJ

Monday, March 4, 2019

[1]Chapter 104. Land Use

[2]Article VIII. General District Regulations

[3]§ 104-53. Regulations applicable to all zones.

Except as hereinafter provided, the following general regulations shall
apply to all zones:

[4]A.

General. No building shall hereafter be erected and no existing building
shall be moved, structurally altered, rebuilt, added to or enlarged; nor
shall any land be used for any purpose other than those included among the
uses listed as permitted uses in each zone by this chapter and meeting the
requirements set forth in Article [5]VII; nor shall any open space
contiguous to any building be encroached upon or reduced in any manner,
except in conformity with the yard, lot area, building, location,
percentage of lot coverage, off-street parking space and all other
regulations designated in Article [6]VII of this chapter for the zone
district in which such building or space is located. In the event of any
such unlawful encroachment or reduction, such building or use shall be
deemed to be in violation of this chapter, and the building permit and all
other permits shall become void.

[7]B.

Frontage on public street. Every principal building shall be upon a lot
with frontage on a public street which has been improved to meet Township
standards or for which such improvement has been ensured by the posting of
a performance guaranty pursuant to the provisions of this chapter.

[8]C.

Temporary buildings. Temporary buildings for use incidental to
construction work associated with an approved application for development
may be permitted by the Construction Code Official at the time a building
permit is issued in any district, provided that such buildings are removed
when construction has ceased as determined by the Construction Code
Official.

[9]D.

Principal building. No residential lot shall have erected upon it more
than one principal building, and no yard or other open space provided
about any building for the purpose of complying with the provisions of
this chapter shall be considered to provide a yard or open space for any
other building.

[10]E.

Yards. All yards facing on a public street shall be considered front yards
and shall conform to the minimum front yard requirement for the zone in
which it is located.

[11]F.

Swimming pools. No swimming pool shall be located any nearer than 15 feet
to any rear or side property line, or in any case nearer to a street than
a principal building to which it is an accessory. The 15 feet are to be
measured from the nearest pool line to the property line. A permanent
barrier or obstruction not less than four feet nor more than six feet in
height, so constructed as entirely to enclose the swimming pool area and
to bar all reasonable and normal access to the swimming pool except
through a substantial gate or gates of the same height as the fence,
equipped with facilities for locking said gate when the pool is unattended
or unguarded, shall be provided for all swimming pools.

[12]G.

Fences and walls.

[13](1)

Permit required. No fence, wall, fence-like or wall-like barrier shall be
erected within a side or rear yard without first obtaining a permit from
the Construction Code Official, and no fence, wall, fence-like or
wall-like barrier shall be erected within or along a front yard without
first obtaining a conditional use permit as elsewhere provided within this
chapter, except that no permit shall be required for any fence, wall,
fence-like or wall-like barrier constructed by the Township Committee or
any of its boards, authorities, commissions or agencies, and further
provided that no additional application shall be required where the
barrier is shown on an approved development application in a side or rear
yard and otherwise conforms to the requirements of this section.

[14](2)

Height regulation.

[15](a)

No fence or wall hereafter erected, altered or reconstructed in any
residential zone or on lots in any other zone on which residential
buildings are erected shall exceed six feet in height above the adjacent
ground level.

[16](b)

No fence or wall hereafter erected, altered or reconstructed in other than
residential districts shall exceed a height of eight feet above the
ground.

[Amended 4-12-2011 by Ord. No. 2011-2-3]

[17](3)

Exception. The foregoing restrictions shall not be applied so as to
prevent the erection of an open-wire fence not exceeding 15 feet in height
above ground level anywhere within a public park, public playground or
public school properties. These restrictions shall not be applied so as to
restrict the erection of a wall for the purpose of retaining earth,
provided that such wall does not exceed such heights to be measured from
the ground level of the highest adjacent grade.

[18](4)

Fencing material regulations. The following fences and fencing materials
are specifically prohibited: barbed wire fences, sharp-pointed fences,
canvas, cloth, electrically charged fences, poultry netting, temporary
fences such as show fences, expandable fences and collapsible fences at
any location on the lot except when used in conjunction with an
agricultural use. All fences shall be situated on a lot in such a manner
that the finished side of the fence faces adjacent properties.

[Amended 2-9-1999 by Ord. No. 1999-2-1; 11-22-2005 by Ord. No. 2005-19-10]

[19](5)

Maintenance standards. Every fence or wall shall be maintained in a safe,
sound, upright condition and in accordance with the approved plan on file
with the Construction Code Official or Zoning Officer.

[20](6)

Location regulation.

[Amended 2-9-1999 by Ord. No. 1999-2-1]

[21](a)

All fences and walls must be erected within the property lines, and no
fence shall be erected so as to encroach upon a public right-of-way.
Fences not exceeding six feet in height above the ground may be erected
from the front face of the building to the side property lines and from
the front of the building to the rear of the property and along the rear
property line. No fence shall be permitted to alter or impede the natural
flow of water in any stream, creek, drainage swale or ditch.

[22](b)

A fence, front yard, shall be prohibited in the Planned Residential
Development District (PRD), the Residential-1 District and the Rural
Residential-5 District. A fence, front yard, shall be permitted in any
other districts subject to the restrictions and regulations specified in
this section and the requirements of the reviewing board in the interest
of public safety and aesthetics. Fences not exceeding 48 inches in height
above ground level may be erected between the front property line and a
line parallel to and passing through the front face of the building. Front
yard fences should be of a nonsolid construction, preferably split-rail
and of picket wood, or open plastic, iron; or aluminum construction. Chain
link fencing is prohibited between the front property line and a line
parallel to and passing through the front face of the building. No fence
shall be located closer than two feet to a street right-of-way or closer
than 12 feet to a gutter line or curbline of a private road or lane.
Agricultural uses are exempt from these requirements.

[Amended 7-19-2004 by Ord. No. 2004-9-6]

[23](7)

Maintenance enforcement. If the Construction Code Official or Zoning
Officer upon inspection determines that any fence or wall or portion of
any fence or wall is not being maintained in a safe, sound, upright
condition, he shall notify the owner of such fence in writing of his
findings and state briefly the reasons for such findings and order such
fence or wall or portion of such fence or wall repaired or removed within
10 days of the date of the written notice. Each day the person fails to
obey the order referred to above shall constitute a separate violation of
this chapter.

[24]H.

Artificial lights. No artificial lights shall be used by any building or
premises which, because of intensity, location, color or any other factor,
disturb the comfort, health or safety of those residing, working or using
private or public property, including streets within the range of said
lights, with standards elsewhere contained within this chapter.

[25]I.

Signs. Signs shall conform to the provisions of § [26]104-123 of this
chapter.

[27]J.

Accessory structures.

[Amended 8-24-1999 by Ord. No. 1999-5-7]

[28](1)

Distance between adjacent buildings and structures. The minimum distance
between an accessory building or structure and the principal building or
any other buildings on the same lot shall be 10 feet. The 10 feet are to
be measured from the nearest point of the principal structure to the
accessory structure. Accessory buildings or structures 100 square feet or
less shall be set back from side and rear lot lines a minimum distance of
two feet. Accessory buildings or structures greater than 100 square feet
shall be set back from side and rear lot lines a minimum distance of five
feet. Private garages shall conform to the setback requirements as
established in § [29]104-54B.

[Amended 11-22-2005 by Ord. No. 2005-19-10]

[30](2)

Height. The height of accessory buildings shall be a maximum of 15 feet.

[31](3)

Location.

[32](a)

An accessory building or structure may not be erected in required front
yards and shall be set back from side yard and rear lot lines a minimum
distance of 10 feet, except that, if erected on a corner lot, the
accessory building or structure shall be set back from the side street to
comply with the setback line applying to the principal building for that
side street, and except further that no poultry or livestock shelter,
excluding dog runs or other shelters for household pets, shall be erected,
used or located closer than 100 feet to any property line.

[33](b)

Swimming pools and tennis courts shall be set back from side and rear lot
lines a minimum distance of 15 feet. Swimming pools shall be set back from
the principal building or any other buildings on the same lot a minimum
distance of 10 feet. If erected on a corner lot, the swimming pool or
tennis court shall be set back from the side street to comply with the
setback line applying to the principal building for that side street.

[Added 11-22-2005 by Ord. No. 2005-19-10]

[34](4)

Membrane structures and temporary structures.

[Added 8-26-2008 by Ord. No. 2008-6-7]

[35](a)

Definitions. As used in this subsection, the following terms shall have
the meanings indicated:

[36]CARPORTS

A roofed structure, freestanding or attached to another structure,
designed to provide covered parking for vehicles, boats, travel trailers
and similar uses. It shall not have enclosed walls.

[37]MEMBRANE STRUCTURE

A structure usually consisting of an aluminum, steel, or plastic frame,
which is covered with a plastic, fabric, canvas, or similar nonpermanent
material, and is used to provide storage of material, vehicles, boats,
recreational vehicles or other personal property. The term shall also
apply to structures commonly known as "hoop houses," canopy-covered
carports, and tent garages and can be fully or partially covered but shall
not apply to canopies which are placed in public waters, and temporary
tents or canopies used for special events such as graduations, weddings,
commercial sales or commercial landscaping material sales.

[38]TEMPORARY STRUCTURE

Any structure of a temporary nature, including but not limited to tents or
canopies that cover an area in excess of 400 square feet, including
connecting areas or spaces with a common means of egress or entrance. A
temporary structure is defined as any structure erected on a lot for 120
days or less.

[39](b)

Membrane/Temporary structures in nonresidential districts. Permanent
membrane structures are a prohibited use in all nonresidential zoning
districts. A membrane structure may be permitted as a temporary accessory
structure on any lot in the Industrial (I), Highway Commercial (HC),
General Commercial (GC), Professional Office (PO) and Office (O) Zoning
Districts as an accessory structure, provided:

[40][1]

Every temporary structure erected on a parcel must be used for a purpose
related to such property or use.

[41][2]

The maximum size of a temporary membrane structure shall not exceed 400
square feet.

[42][3]

A temporary membrane structure is prohibited within the front yard of any
lot and shall comply with all dimensional regulations as established in
the applicable zoning district in which the structure is located.

[43][4]

The temporary structure may not be located in or on a parking lot
displacing parking stalls, unless it can be shown that an adequate amount
of parking remains to accommodate the use, including the use associated
with the temporary structure. In all circumstances, proper on-site drive
lane clearances must be established and maintained.

[44][5]

In conjunction with the application for a permit to erect, operate or
maintain a temporary membrane structure, the applicant shall also submit a
site plan indicating the location of the temporary structure and
information delineating the means of egress and the occupant load. Should
the structure be determined to have a de minimus impact on the lot, the
site plan application may be waived at the discretion of the Zoning
Official and Fire Official.

[45][6]

All temporary structures shall conform to the structural strength, fire
safety, and means of egress, accessibility, light, and ventilation, as
established in all applicable building and fire codes to ensure the public
health, safety and general welfare.

[46][7]

Only one temporary structure shall be permitted per business or use per
calendar year.

[47][8]

All temporary structures shall be removed within 72 hours from the
expiration of the permitted allotted time. Any temporary structure permit
holder that fails to have the temporary structure removed with 72 hours
will be subject to a fine of up to $2,000 per day for each day thereafter
that the temporary structure remains erected.

[48](c)

Membrane structures in residential districts. Permanent membrane
structures are a permitted use in all residential zoning districts,
provided:

[49][1]

The maximum size of a membrane structure shall not exceed 400 square feet.

[50][2]

A membrane structure is prohibited within the front yard of any lot and
shall comply with all dimensional regulations as established in the
applicable zoning district in which the structure is located.

[51][3]

In conjunction with the application for a permit to erect, operate or
maintain a membrane structure, the applicant shall also submit a site plan
indicating the location of the temporary structure and information
delineating the means of egress and the occupant load. Should the
structure be determined to have a de minimus impact on the lot, the site
plan application may be waived at the discretion of the Zoning Official
and Fire Official.

[52][4]

All structures shall conform to the structural strength, fire safety, and
means of egress, accessibility, light, and ventilation, as established in
all applicable building and fire codes to ensure the public health, safety
and general welfare.

[53](d)

Carport structures in residential districts.

[54][1]

Permanent carport structures are a permitted use in all residential zoning
districts, provided:

[55][a]

Carport structures are prohibited within the front yard of any lot and
shall comply with all dimensional regulations as established in the
applicable zoning district in which the structure is located unless hereby
amended by this Subsection [56]J.

[57][b]

There shall be a maximum of one carport structure per dwelling unit.

[58][c]

The maximum height of a carport structure cannot exceed the principal
structure and in no instance shall be more than 15 feet in height.

[59][d]

A minimum setback of five feet shall be established from any side or rear
property line.

[60][e]

In conjunction with the application for a permit to erect, operate or
maintain a membrane structure, the applicant shall also submit a site plan
indicating the location of the temporary structure and information
delineating the means of egress and the occupant load. Should the
structure be determined to have a de minimus impact on the lot, the site
plan application may be waived at the discretion of the Zoning Official
and Fire Official.

[61][f]

All structures shall conform to the structural strength, fire safety, and
means of egress, accessibility, light, and ventilation, as established in
all applicable building and fire codes to ensure the public health, safety
and general welfare.

[62][g]

A carport structure shall shelter not more than two vehicles and shall not
exceed twenty-four feet on its longest dimension.

[63][2]

Grandfathering of existing nonconformance.

[64][a]

Preexisting carports that do not conform to the requirements of this
subsection shall be exempt. Any carport that is required to be rebuilt is
no longer grandfathered.

[65]K.

Minimum floor area shall conform to Health Code standards.

[Amended 4-12-1994 by Ord. No. 1994-4-3]

[66]L.

Prohibited uses. Any use not specifically permitted in a zone established
by this chapter is hereby specifically prohibited from that zone, and the
following uses and activities are specifically prohibited in any zone of
the Township of Hainesport:

[67](1)

Any use of any building or premises in such a manner that the health,
safety or welfare of the community may be endangered.

[68](2)

Any use which emits excessive and objectionable amounts of dust, fumes,
noise, odor, smoke, vibrations, glare or waste products.

[69](3)

Any trade, industry or purpose that is noxious or offensive by reason of
the emission of odor, dust, smoke, gas or noise. The standards of the New
Jersey State Department of Environmental Protection shall be the
enforcement standard for this provision.

[70](4)

Residential structures without permanent connection to utilities.

[71](5)

Outdoor storage or display of more than one new or used motor vehicle or
trailer coach or any other motor vehicle goods for sale or storage at
point of sale or in transit, except in conjunction with authorized
dealers, except that a resident of a property may display not more than
one motor vehicle on-site during any one six-month period.

[72](6)

Junkyard, automobile wrecking or disassembly yards, the sorting or bailing
of scrap metal, paper, rags or other scrap or waste material.

[73](7)

Yard sales and auctions except as provided in Chapter [74]144, Sales, of
the Code of the Township of Hainesport.

[75]M.

General modifications. The following modifications to the requirements of
this chapter are permitted under the terms and specifications herein
stated:

[76](1)

Height. The height limitations of this chapter shall not apply to church
spires, belfries or cupolas nor to chimneys, ventilators, skylights,
television and radio antennas, water tanks, barns, farm buildings and
similar features and necessary mechanical appurtenances usually carried
above the roof level. Such features, however, shall be erected only to
such height as is necessary to accomplish the purpose they are to serve.
The provisions of this chapter shall not apply to prevent the erection
above the building height limit of a parapet wall or cornice or ornament
(and without windows extending above such height limit no more than five
feet). Public and quasi-public buildings, industrial and manufacturing
plants, schools, churches and other similar permitted uses may exceed the
height limitations of this chapter, provided that such uses shall increase
the front, rear and side yards one foot for each foot by which such
building exceeds the height limit herein established for such zone in
which it is located.

[77](2)

Projection. Chimneys, cornices or eaves may project into any front, side
or rear yard not more than 24 inches. An open or lattice-enclosed fire
escape or fireproof outside stairway may project into any yard not more
than twenty-five percent (25%) of the distance from the building wall to
the lot line. Under no circumstances shall any projection be closer to any
lot line than eight feet in any residential zone.

[78]N.

Municipal buildings, parks, playgrounds and other governmental uses. These
uses may be permitted in any zone where deemed necessary by the Township
Committee and approved by the Planning Board.

[79]O.

Performance standards. The following performance standards shall be
observed by all uses in all zones within the Township of Hainesport unless
a higher level of government imposes a more restrictive standard, in which
event said more restrictive standard shall apply:

[80](1)

Industrial wastes and sewage. All methods of sewage and industrial waste
treatment and disposal shall conform to state solid waste regulations. See
N.J.A.C. 7:9A-1.1 through 7:9A-12.8.

[Amended 4-12-1994 by Ord. No. 1994-4-3]

[81](2)

Storage: Storage of flammable or explosive liquids, solids or gases shall
conform to the Fire Safety Code and the Fire Subcode and the accessory use
standards of this chapter.[82][1]

[Amended 4-12-1994 by Ord. No. 1994-4-3]

[83][1]

Editor's Note: Former Section 15.075.15C, Smoke Control, and Section
15.075.15D, Control of Dust and Dirt, Fumes, Vapors and Gases, which
immediately followed this subsection, were deleted 4-12-1994 by Ord. No.
1994-4-3.

[84](3)

Control of smoke, dust and dirt, fumes, vapors and gases and odors shall
be in accordance with county and state requirements.

[Added 4-12-1994 by Ord. No. 1994-4-3]

[85](4)

Noise control. The sound pressure level of any use (not including ambient
noises not under control of the operator of the use) shall not exceed 65
dBA between 7:00 a.m. and 10:00 p.m. nor 50 dBA between 10:00 p.m. and
7:00 a.m. at any point on the boundary of an industrial district or on the
property line of lots outside an industrial district such that the decibel
levels [Decibels: 10 log P1/P2 where P2 is the referenced quality of
(0.002) dyne/cm^2. Sound pressure level shall be measured according to the
specifications published by the American Standard Association] in the
designed octave bank shown below (except for emergency alarm signals, and
subject to the following corrections: subtract five decibels for pulsating
or periodic noises, add five decibels for noise sources operating less
than 20% of any one-hour period) shall be the maximum allowable sound
pressure levels unless more restrictive requirements are established by
county, state or federal agencies.

Along Residence District Boundaries Along Business
Octave Band 7:00 a.m. to 10:00 10:00 p.m. to
p.m. 7:00 a.m. District Boundaries
(cycles per
second) (dBA) (dBA) (dBA)
0 to 124 65 50 65
125 to 249 58 44 62
250 to 499 53 39 59
500 to 999 46 35 53
1,000 to 2,400 40 30 47
2,400 to 4,800 34 26 41
Above 4,800 32 24 39

[86](5)

[87][2]Light and heat. No direct or reflected light or heat from any
source within an industrial district and no light or heat from any source
and reflected light from an industrial district shall be detectable beyond
the boundaries of the industrial district if the light or heat is or may
become an annoyance or interference with the comfort or general well-being
of the inhabitants of other districts adjacent to the industrial district;
this requirement shall be considered to have been met if adequate buffer
strips exist or have been planted. All sources of lights in industrial
districts will be provided with opaque shades above them so that light
from these sources will not shine directly or diagonally upward but so
that the light will be dispersed horizontally and downward for the purpose
of minimizing reflected light from clouds and dust particles in the air
during the night; this opaque shade requirement will also apply to
industrial operations such as furnaces, cutting torches, etc., which
produce light incidentally in the function of their primary purpose which
may be other than that of providing light.

[88][2]

Editor's Note: Former Section 15.075.15F, Control of Odors, which
immediately preceded this subsection, was deleted 4-12-1994 by Ord. No.
1994-4-3.

[89](6)

Vibration control. Machines or operations which cause vibration shall be
permitted, but in no case shall any such vibration be perceptible outside
of the limits of the lots.

[90](7)

Radiation or electrical emission, radioactivity or electrical disturbance.
No activities shall be permitted which emit dangerous radioactivity beyond
enclosed areas. No electrical disturbances (except from domestic household
appliances) shall be permitted to affect adversely, at any point, any
equipment, other than that of the creator of such disturbance.

[91](8)

Electric, diesel, gas or other power. Every use requiring power shall be
so operated that any service lines, substation, etc., shall conform to the
highest applicable safety requirements; shall be constructed, installed,
etc., so that they will be an integral part of the architectural features
of the plant; or, if visible from abutting residential properties, shall
be concealed by evergreen planting or screening with architectural
materials common to the building(s).

[92]P.

Prohibited uses specified. As stipulated in Article [93]VII of this
chapter, all uses not expressly permitted are prohibited. While not
intended to be an all-inclusive list, in order to avoid any questions as
to the intent of this chapter, the following uses are expressly prohibited
in all zoning districts and upon all lands throughout Hainesport Township:

[Added 8-24-1999 by Ord. No. 1999-5-7]

[94](1)

Arcades.

[95](2)

Junkyards.

[96](3)

Used car lots. Nothing herein shall be interpreted to prohibit the sale or
exchange of a used or secondhand motor vehicle in a residential zone by
any individual living in that residential zone and to whom the used or
secondhand motor vehicle is titled, provided that only one vehicle may be
sold from the property at any one time.

[97](4)

Towing stations. This subsection shall not be interpreted or construed to
prohibit the operation of a towing station, as an accessory use to a
service station, where the primary business of said service station is the
dispensing or sale of vehicular fuels.

[98](5)

Amusement parks, kiddie lands and rides. This subsection shall not be
deemed to prohibit temporary fundraising events sponsored by a nonprofit
organization, as such temporary fundraising events may be specifically
approved by the Township Committee.

[99](6)

Trailers. Trailers and other stationary structures of a similar nature for
storage, warehouse space, sales area or other use for commercial purposes
are prohibited, except where expressly permitted elsewhere in this
chapter.

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