Borough of Collingswood, NJ
Friday, March 8, 2019
1. Part I, Administrative Legislation
Chapter 1. General Provisions
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood: Art. I, 8-15-1994 as Ord.
No. 1058. Amendments noted where applicable.]
Article I. Adoption of Code
[Adopted 8-15-1994 as Ord. No. 1058]
§ 1-1. Adoption of Code.
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Collingswood of a general and permanent
nature adopted by the Mayor and Council of the Borough of Collingswood, as revised, codified and
consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters
1
through
301, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of
the Borough of Collingswood," hereinafter known and referred to as the "Code."
§ 1-2. Code supersedes prior ordinances.
This ordinance and the Code shall supersede all other general and permanent ordinances enacted prior to the
enactment of this Code, except such ordinances as are hereinafter expressly saved from repeal or continued in
force. Specifically superseded by this ordinance is the 1971 Code of the Borough of Collingswood, adopted
August 16, 1971 by Ordinance No. 662.
§ 1-3. When effective.
This ordinance shall take effect immediately upon passage and publication according to law.
§ 1-4. Copy of Code on file.
A copy of the Code in loose-leaf form has been filed in the office of the Borough Clerk and shall remain there
for use and examination by the public until final action is taken on this ordinance; and, if this ordinance shall be
adopted, such copy shall be certified to by the Clerk of the Borough of Collingswood by impressing thereon the
Seal of the borough, as provided by law, and such certified copy shall remain on file in the office of the Clerk of
the borough, to be made available to persons desiring to examine the same during all times while said Code is
in effect.
§ 1-5. Amendments to Code.
Any and all additions, amendments or supplements to the Code, when passed and adopted in such form as to
indicate the intent of the governing body to make them a part thereof, shall be deemed to be incorporated into
such Code so that reference to the "Code of the Borough of Collingswood" shall be understood and intended to
include such additions and amendments. Whenever such additions, amendments or supplements to the Code
shall be adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book
containing said Code as amendments and supplements thereto.
§ 1-6. Publication; filing.
The Clerk of the Borough of Collingswood, pursuant to law, shall cause to be published, in the manner
required, a copy of this Adopting Ordinance in a newspaper of general circulation in the borough. Sufficient
copies of the Code shall be maintained in the office of the Clerk for inspection by the public at all times during
regular office hours. The enactment and publication of this Adopting Ordinance, coupled with availability of
copies of the Code for inspection by the public, shall be deemed, held and considered to be due and legal
publication of all provisions of the Code for all purposes.
§ 1-7. Code book to be kept up-to-date.
It shall be the duty of the Clerk or someone authorized and directed by the Clerk to keep up-to-date the
certified copy of the book containing the Code required to be filed in his or her office for the use of the public.
All changes in said Code and all ordinances adopted subsequent to the effective date of this codification which
shall be adopted specifically as part of the Code shall, when finally adopted, be included therein by reference
until such changes or new ordinances are printed as supplements to said Code book, at which time such
supplements shall be inserted therein.
§ 1-8. Sale of Code book.
Copies of the Code book containing the Code may be purchased from the Clerk upon the payment of a fee to
be set by resolution of the Mayor and Council, which may also arrange, by resolution, for procedures for the
periodic supplementation thereof.
§ 1-9. Altering or tampering with Code; penalties for violation.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of
the Code or to alter or tamper with such Code in any manner whatsoever which will cause the law of the
Borough of Collingswood to be misrepresented thereby. Anyone violating this section or any part of this
ordinance shall be subject, upon conviction, to one (1) or more of the following: a fine of not more than one
thousand dollars ($1,000.), imprisonment for not more than ninety (90) days or a period of community service
not exceeding ninety (90) days, in the discretion of the Judge imposing the same.
§ 1-10. Severability of Code provisions.
Each section of the Code and every part of each section is an independent section or part of a section, and the
holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be
deemed to affect the validity or constitutionality of any other sections or parts thereof.
§ 1-11. Severability of ordinance provisions.
Each section of this ordinance is an independent section, and the holding of any section or part thereof to be
unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of
any other sections or parts thereof.
§ 1-12. Repealer.
All ordinances or parts of ordinances of a general and permanent nature adopted and in force on the date of
the adoption of this ordinance and not contained in the Code are hereby repealed as of the effective date of
this Adopting Ordinance, except as hereinafter provided.
§ 1-13. Ordinances saved from repeal.
The adoption of this Code and the repeal of ordinances provided for in §
1-12 of this ordinance shall not affect
the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. Any ordinance adopted subsequent to January 24, 1994.
B. Any right or liability established, accrued or incurred under any legislative provision prior to the effective
date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
C. Any offense or act committed or done before the effective date of this ordinance in violation of any
legislative provision or any penalty, punishment or forfeiture which may result therefrom.
D. Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered, prior to
the effective date of this ordinance, brought pursuant to any legislative provision.
E. Any franchise, license, right, easement or privilege heretofore granted or conferred.
F. Any ordinance providing for the laying out, opening, altering, widening, relocating, straightening,
establishing of grade, changing of name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, park or other public place or any portion thereof.
G. Any ordinance or resolution appropriating money or transferring funds, promising or guaranteeing the
payment of money or authorizing the issuance and delivery of any bond or other instruments or evidence
of the borough's indebtedness.
H. Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract, agreement
or obligation.
I.
The levy or imposition of taxes, assessments or charges or the approval of the municipal budget.
J.
The dedication of property or approval of preliminary or final subdivision plats.
K. All currently effective ordinances pertaining to the rate and manner of payment of salaries and
compensation of officers and employees.
L. Any ordinance adopting or amending the Zoning Map.
M. All legislation concerning vehicles and traffic, including but not limited to Chapter 95, Vehicles and Traffic,
of the 1971 Code, as amended.
N. Flood damage prevention legislation
[Ordinance No. 747 (July 17, 1978), amended by Ordinance No. 889 (April 6, 1987)].
§ 1-14. Changes in previously adopted ordinances.
A. In compiling and preparing the ordinances for adoption and revision as part of the Code pursuant to
N.J.S.A. 40:49-4, certain grammatical changes and other minor changes were made in one (1) or more of
said ordinances. It is the intention of the Mayor and Council that all such changes be adopted as part of
the Code as if the ordinances so changed had been previously formally amended to read as such.
B. In addition, the following changes, amendments or revisions are made herewith, to become effective upon
the effective date of this ordinance (Chapter and section number references are to the ordinances as they
have been renumbered and appear in the Code).
[1]
[1]
Editor's Note: Pursuant to § 1-14B, the following sections, Articles and chapter are amended or added:
§§ 23-3, 35-3, 35-4, 45-1, 45-2, 45-13, 45-20, 63-1, 69-1, 69-3A(1), 89-4, 89-6, 93-5, 97-15, 101-1, 101-3,
101-4, 105-1, 105-4, 105-9D, 105-10, 105-15, 105-16, 105-18, 105-20, 105-25, 105-26, 105-27, 105-28,
105-29, 113-2, 113-4, 113-7, 117-2, 117-4, 117-5, 117-11, 123-10, 141-7C(1), 141-12, 141-27A, 141-64B
(14)(a), 141-64F(1), 141-64H, 141-70B, 149-4, 155-3, 155-5, 173-12B, 173-13, 173-14, 189-4, 197-14,
201-7, 207-6, 207-9A, B and C, 207-13, 211-4, 217-10, 217-11, 217-17, 223-7, 223-18, 233-5, 237-3,
241-2, 247-12, 255-6, 261-5, 261-7, 261-10, 261-12, 261-16, 265-15, 265-18, 265-19, 265-20, 265-22, 265-
24, 265-25, 265-27, 265-28, 265-29, 265-41, 269-2B(4), 269-5, 269-8, 269-9, 269-10, 273-4, 277-16, 285-9,
289-17, 301-3, 301-6B and 301-15, Chs. 29, 51, Art. I of Ch. 57, Art. I of Ch. 197, and Arts. I and III of Ch.
265. The following former sections were deleted: §§ 52-19, 72-10 and 75-1 through 75-29 of the 1971
Code; § 51-53P of Ord. No. 961; and Sec. VII of Ord. No. 922. Furthermore, all references to the "Building
Inspector" are amended to read "Code Enforcement Officer"; all references to the "Superintendent of
Highways" are amended to read "Superintendent of Public Words"; all references to the "Department of
Streets" are amended to read "Department of Public Works"; all references to the "Commissioner of Streets"
are amended to read "Commissioner of Public Works"; and all references to the "Historic District" are
amended to read "Historic Preservation Commission." A complete description of all the changes is on file in
the Borough Clerk's office.
Article II. Ordinances Adopted During Codification
[During the process of codification, certain complete new ordinances were approved by the Board of
Commissioners for inclusion in the Code of the Borough of Collingswood. Such new ordinances are noted in
the histories of individual chapters as "Adopted ... during codification; see Ch. 1, General Provisions, Art. II." In
accordance with recognized codification procedures, these new ordinances will be adopted separately and are
presently proposed before the Board of Commissioners of the Borough of Collingswood for that purpose. Upon
final adoption of such ordinances, a complete enumeration of all chapters and Articles in the Code included in
such ordinances will be printed in this Article along with specific dates of adoption.]
Chapter 7. Claims Procedure
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood 10-6-1975 as Ord. No.
705 (Ch. 49 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fire insurance claims — See Ch.
181, Art.
I.
§ 7-1. Submission of claim; certification.
Any person claiming payment from the Borough of Collingswood shall first submit a detailed statement of the
items or demand necessitating such claim to the responsible executive agency, specifying particularly how the
bill or demand is made up and a certification of the party claiming payment that it is correct. No bill, claim or
demand shall be considered for payment unless the voucher includes a certification from a designated borough
employee having personal knowledge of the facts that the goods have been received by or the services
rendered to the Borough of Collingswood and that those services or goods are consistent with an existing
contract or purchase order. The Treasurer shall have the duty to audit, warrant and make recommendations on
all claims and bills.
§ 7-2. Duties of Clerk.
The bill or claim, duly certified, shall be presented to the Municipal Clerk for inclusion in the proceedings of the
next immediate formal meeting of the Board of Commissioners, and it shall be the duty of the Clerk to examine
all bills or claims submitted for payment in order to ascertain if proper administrative procedures have been
followed. All claims or bills to be considered by the Board of Commissioners shall be listed systematically and
without preference.
§ 7-3. Consideration of claims by Board of Commissioners; approval
or disapproval.
Claims shall be considered by the Board of Commissioners which shall approve the same, except that it may
reject any claim presented to it, stating the reason for such rejection. Any disapproved claim shall be referred
back to the Municipal Clerk with such instructions as the Board of Commissioners may give at the time of
disapproval.
§ 7-4. Record of claims and formal action; availability of records.
It shall be the duty of the Municipal Clerk to record all claims in the official minutes or through an appropriate
claims register, indicating that the Board of Commissioners has, by formal action, approved the same, with
appropriate records as to any claims disapproved or rejected. All records pertaining to approved or
disapproved bills or claims shall be available for public inspection.
§ 7-5. Payment procedure.
After the Clerk has certified that the claims have been approved, he shall turn the same over to the Treasurer,
who shall forthwith prepare the necessary checks for the payment thereof, which said checks shall be signed
by the Treasurer. After preparing checks for the payment of claims, he shall record them in proper books of
account and thereafter mail the checks to the claimants.
Chapter 15. Court, Municipal
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood as indicated in article
histories. Amendments noted where applicable.]
Article I. General Provisions
[Adopted 8-16-1971 by Ord. No. 662 as Ch. 17 of the 1971 Code]
§ 15-1. Court established.
A Municipal Court is hereby established in the Borough of Collingswood, County of Camden and State of New
Jersey, as provided by Chapter 264 of the Laws of 1948 and the amendments thereto and supplements
thereof.
[1]
[1]
Editor's Note: Chapter 264 of the Laws of 1948 was repealed by Chapter 293 of the Laws of 1993. See now
N.J.S.A. 2B:12-1.
§ 15-2. Powers and duties.
Said Court shall have all of the powers, duties, jurisdiction and limitations conferred and provided by any law of
the State of New Jersey or any rule or rules of the Supreme Court.
§ 15-3. Salary of Judge.
The Judge appointed pursuant to law shall be paid such salary as provided for in the current Salary Ordinance
of this Borough, and the same shall continue until increased or decreased by any future annual salary
ordinance.
[1]
[1]
Editor's Note: The current Salary Ordinance is on file at the Borough offices where it is available for inspection.
Article II. Public Defender
[Adopted 3-7-1994 by Ord. No. 1047]
§ 15-4. Office established.
The office of Public Defender is hereby established.
§ 15-5. Determination of indigence; representation.
The Judge of the Municipal Court of the Borough of Collingswood is authorized to make decisions as to which
defendants are indigent, and, after a determination is made, the Public Defender shall represent the defendant.
§ 15-6. Application fee; waiver.
[Amended 4-6-1998 by Ord. No. 1147]
The Municipal Court Administrator shall charge a fee of $200 per application for a Public Defender. The fee, or
a part thereof, may be waived upon a proper showing of absolute indigency without an ability to pay the
application fee. The Judge of the Municipal Court in the Borough of Collingswood shall make the determination
on the ability to pay the fee, or a part thereof, and the determination of indigency.
§ 15-7. Use of fee moneys.
The application fee shall be used to help defray the cost of hiring a Public Defender and in the administrative
costs of the Municipal Court of the Borough of Collingswood.
Article III. Joint Municipal Court
[Adopted 1-8-2007 by Ord. No. 1421]
§ 15-8. Authority to enter into agreement.
The Borough of Collingswood shall be authorized to negotiate and enter into an agreement with the Borough of
Woodlynne to establish a single joint municipal court to be known as "The Municipal Court of the Borough of
Collingswood" and to provide for its administration.
Chapter 23. Environmental Commission
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood 8-7-1973 as Ord. No. 675
(Ch. 6 of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Air pollution — See Ch.
89.
Development regulations — See Ch.
141.
Flood damage prevention — See Ch.
167.
Parks — See Ch.
217.
§ 23-1. Commission established; purpose.
There is hereby established an Environmental Commission for the protection, development and use of natural
resources, including water resources, located within the Borough of Collingswood.
§ 23-2. Membership; compensation; appointment.
The Environmental Commission shall consist of seven (7) members, to serve without compensation, appointed
as provided in N.J.S.A. 40:56A-1.
§ 23-3. Powers and duties.
The Environmental Commission shall have the powers and duties set forth in N.J.S.A. 40:56A-2 to 40:56A-6.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Chapter 29. Fire Department
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood as indicated in article
histories. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch.
57.
Fire prevention — See Ch.
163.
Fire insurance claims — See Ch.
181, Art.
I.
Article I. General Provisions
[Adopted 8-16-1971 by Ord. No. 662 as Ch. 9 of the 1971 Code; amended in its entirety 8-15-1994 by Ord. No.
1058]
§ 29-1. Fire-fighting equipment owned by Borough.
The Borough of Collingswood is the owner of all the fire-fighting apparatus and equipment of the paid Fire
Department, established in the Borough of Collingswood by this article (originally Ordinance No. 283, adopted
March 1, 1926).
§ 29-2. Maintenance and repair of equipment.
Provisions shall be made for the proper maintenance, repair and upkeep of the apparatus and equipment
owned by the Borough.
§ 29-3. Establishment of Fire Department.
Persons shall be employed who shall constitute the paid Fire Department of the Borough of Collingswood; said
persons shall work in conjunction with the volunteer fire companies of the Borough of Collingswood, as directed
by the Commissioner of Public Safety.
§ 29-4. Fire Chief.
A person having years of experience in organizing fire companies and fighting fires shall be employed to act as
the Fire Chief of the Fire Department in the Borough of Collingswood. The Commissioner of Public Safety, in
conjunction with the other Commissioners, shall designate the Fire Chief.
§ 29-5. Appointments to Fire Department.
All applicants or appointees for or to positions in the Fire Department shall qualify, hold and occupy said
appointment and receive such compensation for their services as directed by the Board of Commissioners of
the Borough of Collingswood; provided, however, that nothing herein contained shall in anywise interfere or
change the organization of the volunteer fire companies in the Borough of Collingswood.
§ 29-6. Composition of paid Fire Department.
The paid Fire Department may consist of a Chief of Firefighters, a Captain of Firefighters, two (2) Lieutenants
of Firefighters and such number of firefighters as the Director of Public Safety shall designate.
§ 29-7. Rules and regulations.
[Added 6-20-1994 by Ord. No. 1055]
A. Rules and regulations, entitled "Collingswood Fire Department Rules and Regulations and Standard
Operating Procedures, May 1, 1994," are hereby adopted as and for the rules and regulations and
standard operating procedures for the Fire Department.
[1]
[1]
Editor's Note: The rules and regulations are on file in the Borough offices.
B. Said rules and regulations and standard operating procedures may be amended from time to time by
resolution approved by the Borough Commission.
Article II. Emergency Medical Services Division
[Adopted 3-6-1995 as Ord. No. 1074]
§ 29-8. Establishment.
There is hereby established a Division of Emergency Medical Services in the Fire Department of the Borough
of Collingswood.
§ 29-8.1. Third-party payment plan.
[Added 6-14-2010 by Ord. No. 1481]
A. The Borough Administrator and Clerk of the Borough of Collingswood shall be responsible for a third-party
billing program for emergency medical services, which is authorized to be implemented.
B. The Administrator and Clerk shall review annually the cost-accounting records for service provision to
adjust fees which are authorized to be imposed by the Fire Department.
§ 29-9. Implementation.
The Division of Emergency Medical Services shall be implemented pursuant to N.J.A.C. 8:40 and N.J.S.A.
26:2K-7 et seq.
§ 29-10. Annual report.
A report of the Division of Emergency Medical Services shall be made annually and transmitted to the Borough
Administrator for review and filing with the Commissioners of the Borough of Collingswood.
§ 29-11. Duties.
The Division of Emergency Medical Services is to provide emergency medical care and transportation within
the boundaries of the Borough of Collingswood and to other medical facilities, as deemed necessary by the
personnel in charge, and pursuant to standard operating procedures developed by the Fire Department.
§ 29-12. Third-party payment plan.
A. The Borough Administrator and the Chief Financial Officer of the Borough of Collingswood shall be
responsible for a third-party billing program for emergency medical services, which is authorized to be
implemented.
B. The Administrator and Chief Financial Officer shall review annually the cost-accounting records for service
provision to adjust fees which are authorized to be imposed by the Division of Emergency Medical
Services.
§ 29-13. Chain of command.
The Emergency Medical Services shall be governed by the standard operating procedures of the Fire
Department. The Fire Department, pursuant to Article
I, General Provisions, of Chapter
29, Fire Department, of
the Borough Code, shall be governed by the Commissioner of Public Safety.
Chapter 33. Health
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood 9-8-2015 by Ord. No.
1578. Amendments noted where applicable.]
Article I. Local Health Services Provided
§ 33-1. Designation of County Health Department as local provider.
Pursuant to the provisions of N.J.S.A. 26:3A2-10, the Camden County Department of Health is hereby
designated as the entity responsible for compliance with the Local Health Services Act for any and all functions
which would be performed by a local health services provider, including meeting standards of performance.
§ 33-2. Cooperation with Health Services Advisory Board.
The Health Services Advisory Board of the Borough of Collingswood, County of Camden and State of New
Jersey, shall cooperate with the Camden County Health Department to provide a program of health services in
compliance with the Health Services Act. Further, the Health Services Advisory Board may serve as liaison
between the Camden County Health Department and the Mayor and Borough Commissioners of Collingswood
in an effort to promote the enactment and enforcement of any and all County health ordinances.
Article II. Health Services Advisory Board
§ 33-3. Establishment.
There is hereby created and established a Health Services Advisory Board of the Borough of Collingswood,
County of Camden and State of New Jersey, pursuant to the provisions of N.J.S.A. 26:3-1.
§ 33-4. Members.
The Health Services Advisory Board of the Borough of Collingswood shall be comprised of five members, to be
appointed by the Mayor of the Borough of Collingswood with the advice and consent of the Borough
Commissioners.
§ 33-5. Term of service.
The terms of the initial appointees to Members of the Health Services Advisory Board shall be staggered
among terms of not less than one year and not more than three years. Therefore, all appointments shall be for
three-year terms.
§ 33-6. Vacancies.
Any vacancy in membership shall be filled for the unexpired term only. Appointment to a vacant seat of the
Health Services Advisory Board shall be made in the same manner as original appointment.
§ 33-7. Duties.
The Health Services Advisory Board of the Borough of Collingswood shall cooperate with the Camden County
Health Department to provide a program of health services in compliance with the Health Services Act. Further,
the Health Services Advisory Board may, from time to time, serve as liaison between the Camden County
Health Department and the Mayor and Borough Commissioners of Collingswood in an effort to promote the
enforcement of any and all county health ordinances. The Health Services Advisory Board shall perform any
and all related functions necessary to meet the standards of performance under the Health Services Act.
Chapter 35. Housing Authority
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood 8-16-1971 by Ord. No.
662 as Ch. 12 of the 1971 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Condominium conversion — See Ch.
131.
Development regulations — See Ch.
141.
Property maintenance — See Ch.
227.
Rental property — See Ch.
237.
§ 35-1. Housing Authority created.
A body corporate and politic to be known as the "Housing Authority of the Borough of Collingswood" is hereby
created and established, pursuant to the provisions of N.J.S.A. 55:14A-1 to 58, the Local Housing Authorities
Law, as supplemented and amended, of the State of New Jersey.
§ 35-2. Agency of borough.
The Housing Authority of the Borough of Collingswood shall constitute an agency and instrumentality of the
municipality.
§ 35-3. Membership; appointment; terms.
The Housing Authority shall consist of seven (7) members. The governing body of the municipality shall appoint
five (5) Commissioners of the Authority and these immediately appointed shall serve for terms of one (1), two
(2), three (3), four (4) and five (5) years, respectively, from the date of their appointment; thereafter all future
Commissioners so appointed shall hold office for terms of five (5) years, except all vacancies shall be filled for
such unexpired term. The Mayor of the borough shall appoint one (1) member for a five-year term.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
§ 35-4. Ordinance to be filed with state; appointment of additional
member by state.
The Borough Clerk be and hereby is authorized and directed to file a certified copy of this chapter with the
Commissioner of the Department of Environmental Protection and Energy of the State of New Jersey. The
State Director, upon receipt of notification of the creation of the Housing Authority, shall appoint one (1)
member thereof who shall hold office at his pleasure.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Chapter 45. Officers and Employees
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood as indicated in article
histories. Amendments noted where applicable.]
GENERAL REFERENCES
Residency requirements — See Ch.
63.
Payment of salaries — See Ch.
69.
Article I. Various Offices and Positions
[Adopted 8-16-1971 by Ord. No. 662 as Ch. 19 of the 1971 Code]
§ 45-1. Establishment of offices; terms of office.
[Amended 8-15-1994 by Ord. No. 1058]
Pursuant to law, the following offices and positions are hereby established, and the term of each shall be as set
opposite the respective office or position:
Terms
Office or Position
(years)
Borough Administrator
3
Borough Clerk
3
Borough Treasurer
1
Chief Financial Officer
1
Solicitor
1
Prosecutor
1
Assistant Prosecutor
1
Administrator of the Municipal Court
3
Assistant Treasurer
3
Tax Collector
4
Tax Assessor
4
Deputy Borough Clerk
3
Tax Search Clerk
3
Director of Public Health
1
Registrar of Vital Statistics
3
Deputy Registrar of Vital Statistics
3
Terms
Office or Position
(years)
Construction Code Officer,
5, or as per current New Jersey Administrative
Plumbing Code Officer,
Code provisions
Electrical Code Officer,
Fire Code Officer
Enforcement Officer
1
Zoning Officer
1
Superintendent of Public Works, who shall
3
be the Superintendent of Streets and the
Superintendent of the Sewer Department
Assistant Superintendent of Public Works
3
Superintendent of the Water Department
3
Chief Clerk of Public Utilities, who shall be the
3
Chief Clerk of the Water Department and
the Chief Clerk of the Sewer Department
Cashier-Clerk of Public Utilities, who shall be
3
the Cashier-Clerk of the Water Department and the
Cashier-Clerk of the Sewer Department
Clerks of the Sewer Department
3
Clerks of the Water Department
3
§ 45-2. Commencement of terms.
[Amended 8-15-1994 by Ord. No. 1058]
The terms of all officers and employees above provided shall begin January 1 or as otherwise provided by
statute.
§ 45-3. Vacancies.
In the event that vacancies occur in any such office or position, the same shall be filled for the unexpired term
only.
§ 45-4. Holding over.
In the event that any officer or employee is not reappointed upon the expiration of his or her term, such officer
or employee shall continue to hold said office or employment until his or her successor is appointed and
qualifies.
§ 45-5. Removal from office.
Every officer or employee appointed hereunder shall continue to hold said office or position for the term for
which he has been appointed and shall not be removed therefrom except upon written charges and after a
hearing thereon before the Board of Commissioners or before the Commissioner in charge of the department
under which he serves.
§ 45-6. Tenure.
If any person shall now or hereafter hold any such office or position which is or shall become under tenure by
virtue of any act of the Legislature of the State of New Jersey, said person shall continue to hold office or
position as provided by said act.
§ 45-7. Statutory changes in terms to prevail.
If the term of any office or position provided for herein shall be changed or a different term fixed by an act of the
Legislature of this state, said act shall control.
§ 45-8. Qualifications.
The qualifications for all offices or positions hereunder shall be such as are fixed by law, the governing body or
the Commissioner of the department under whose jurisdiction said office or position falls.
§ 45-9. Appointments; probationary periods.
All appointments made hereunder shall be in the manner prescribed by law. Any such appointment may be
made for a temporary or probationary period not to exceed six months. Any such temporary or probationary
period shall be determined by the governing body or the Commissioner, as the case may be, at the time of the
original appointment.
§ 45-10. Effect on present officers and employees.
All the persons now holding any offices or positions provided for herein shall continue to hold the same until
their present terms expire or until their successors are appointed and qualify. Where the term of any officer or
employee shall have been extended by any act of the Legislature or by an amendment to Ordinance No. 579
[1]
after May 10, 1960, the term of the officer or employee holding said office upon the effective date of any such
act of the Legislature or amendment of said ordinance shall automatically be extended in the manner and for
the term provided therein.
[1]
Editor's Note: Ordinance No. 579, adopted 4-4-1960, is the original source of enactment of this article.
§ 45-11. Abolishment of offices and positions.
The governing body may abolish any office or position herein provided for, by resolution, at the end of the term
of such appointment, provided that such office or position is not one which the borough is required to have by
law.
§ 45-12. Duties.
The duties of each officer or employee appointed hereunder shall be such as are required by law and as shall
be determined by the governing body or by the Commissioner in charge of the department under which said
officer or employee serves.
§ 45-13. Salaries and compensation.
[Amended 8-15-1994 by Ord. No. 1058]
The amount of salary or compensation to be paid shall be such as is determined by the Municipal Salary
Ordinance from time to time.
[1]
[1]
Editor's Note: The current Salary Ordinance is on file in the Borough offices where it is available for inspection.
See also Ch. 69, Salaries, Payment of.
Article II. Borough Administrator
[Adopted 12-17-1984 by Ord. No. 828]
§ 45-14. Position created.
There be and hereby is created in the Borough of Collingswood the position of Borough Administrator.
§ 45-15. Duties.
The duties of the Borough Administrator shall include, generally, the management of the business and
operations of the borough, under the supervision and control of the Board of Commissioners, and such duties
as shall be specifically assigned by said Board from time to time.
§ 45-16. Term of office; probationary period.
The term of office of the Borough Administrator shall be for a three-year period, inclusive of the first 90 days
from appointment, which shall be deemed a probationary period.
§ 45-17. Compensation.
The compensation of the Borough Administrator shall be as established by the Salary Ordinance establishing
salaries for employees of the Borough of Collingswood.
[1]
[1]
Editor's Note: The current Salary Ordinance is on file in the Borough offices where it is available for inspection.
See also Ch. 69, Salaries, Payment of.
Article III. Chief Financial Officer
[Adopted 2-20-1990 by Ord. No. 964]
§ 45-18. Position created.
There be and hereby is created in the Borough of Collingswood the position of Chief Financial Officer.
§ 45-19. Duties.
The duties of the Chief Financial Officer shall include those set forth under N.J.S.A. 52:27BB-26 et seq. and
those set forth under N.J.S.A. 40A:9-140.1 et seq., as amended.
§ 45-20. Term of office.
[Amended 8-15-1994 by Ord. No. 1058]
The term of such position shall be for a four-year period, commencing January 1 of each year, commencing
January 1, 1990.
§ 45-21. Compensation.
The compensation of the Chief Financial Officer shall be established by the Salary Ordinance of the Borough of
Collingswood.
[1]
[1]
Editor's Note: The current Salary Ordinance is on file in the Borough offices where it is available for inspection.
See also Ch. 69, Salaries, Payment of.
Article IV. Chaplain
[Adopted 5-5-2014 by Ord. No. 1547]
§ 45-22. Appointment; qualifications.
The Borough Commissioners of the Borough of Collingswood may appoint one or more chaplains to the Police
and Fire Departments and the Office of Emergency Management (OEM). Any persons appointed shall be
ordained members of the clergy in good standing in the religious body from which they are selected. Said
chaplain(s) shall become a member of the Borough Police or Fire Department or the OEM upon appointment.
§ 45-23. Authority.
A. The office of chaplain shall serve at the direction of the Chiefs of the Police and Fire Departments and the
OEM and their officers, patrolmen, firefighters and their families and the residents of the Borough of
Collingswood.
B. The chaplain is a staff assistant to the Chiefs of the respective departments and may be consulted for any
purpose as provided herein by the Chief or other designated supervisors. All communications between the
chaplain and all members of the Police and Fire Departments and the OEM, whether of a personal or
professional nature, will be considered to be confidential.
C. The chaplain shall be a member of the Police or Fire Department or the OEM of the Borough of
Collingswood upon appointment and shall be considered to be a volunteer.
D. The chaplain shall be an assistant to the Chiefs of the Police and Fire Departments or the OEM and is
authorized to act on their behalf as directed. While performing the responsibilities authorized herein, the
chaplain shall identify himself or herself as such and shall conduct himself or herself in a manner
becoming his or her position and denomination.
§ 45-24. Duties and responsibilities.
A. The chaplain shall perform the following duties and such other duties that may be requested by the Chiefs
of the Police, Fire and OEM Departments:
(1) Assist Police, Fire or OEM Department officials in notifying the families of officers who sustain serious
injury or are killed in the line of duty.
(2) Respond to the hospital where an injured officer has been hospitalized, when requested to do so, and
coordinate with hospital staff and the hospital chaplain to provide assistance to the officer and his or
her family in accordance with hospital procedures.
(3) Visit sick or injured police, fire or OEM personnel at home or in the hospital.
(4) Attend and participate in funerals of active and retired members of the Police and Fire Departments
and the OEM.
(5) Be available to counsel officers and firefighters pursuant to their requests.
(6) Conduct memorial services.
(7) Participate in in-service training programs.
(8) Attend departmental graduations, promotions, award ceremonies and other invocations and
benedictions.
(9) Assist in programs and plans for youthful offenders as needed.
(10) Assist with departmental public relations.
(11) Notify an officer's regular clergy in case of a death or serious injury as soon as possible.
(12) Assist officers and their families with referrals for additional counseling as needed.
(13) Under the direction of the fire/police/OEM, respond to incidents within the community to counsel
civilians in the event of a small- or large-scale incident, event or tragedy.
B. Any written record the chaplain considers to be necessary in the performance of his or her duties or as
otherwise required needed for future assistance to officers and their families shall remain confidential in
accordance with all applicable laws and regulations.
C. The chaplain shall meet regularly, and no less than semiannually, with the Chiefs of the Police and Fire
Departments and the OEM and superior officers for ongoing evaluation, development of programs and
discussion of departmental morale.
§ 45-25. Regulations and procedure.
The chaplain shall be required to maintain a working knowledge of the duties of law enforcement officers,
firefighters and the OEM and shall remain informed of new public safety procedures and attend training
sessions and programs. In addition, the chaplain shall comply with the following procedures:
A. The chaplain shall conform to all police, fire and OEM procedures and department regulations as
determined to be applicable by the Chiefs.
B. The chaplain shall be available by telephone to the Chiefs of Police, Fire and OEM, their designated
representatives and department dispatchers.
C. The chaplain shall not publicly comment on any law enforcement officer, department official or any
departmental policies or actions.
D. The chaplain shall not release any information to the public without the prior approval of the Chiefs of
Police, Fire and OEM and the person or officers involved.
Chapter 51. Parking Meter Account
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood 8-16-1971 by Ord. No.
662 as Ch. 20 of the 1971 Code; amended in its entirety at time of adoption of Code; see Ch. 1, General
Provisions, Art. I. Subsequent amendments noted where applicable.]
§ 51-1. Dedication of excess revenues.
In accordance with the provisions of N.J.S.A. 40:5-2.11 and any amendments thereof or supplements thereto,
all revenues heretofore or hereafter derived from parking meters in excess of the cost of purchase, installation,
maintenance, overtime parking enforcement and operation thereof are hereby dedicated to the sole and
exclusive purpose of the creation, purchase, construction and maintenance of off-street parking facilities.
§ 51-2. Funds to be deposited or invested.
All such excess revenues shall be deposited in a special bank account to be known as "Parking Meter
Account," or invested in such securities as may be permitted by law.
§ 51-3. Use of funds.
A. All such funds shall be used and expended for the creation, purchase, construction, maintenance and
enforcement of parking facilities in the Borough of Collingswood.
B. Nothing in this chapter shall be construed to prevent either the use of such funds in conjunction with other
funds of this borough for any of such purposes or for use as a down payment under any improvement
ordinance which shall provide for such off-street parking facilities.
Chapter 53. Parking Utility
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood 12-6-2004 by Ord. No.
1359. Amendments noted where applicable.]
GENERAL REFERENCES
Parking meter account — See Ch.
51.
Vehicles and traffic — See Ch.
293.
§ 53-1. Establishment.
There is hereby created under the terms of this chapter a public utility for the purpose of managing its parking
operations within the Borough of Collingswood, County of Camden and State of New Jersey. For budgetary
and accounting purposes, this utility shall be a separate entity, having its own borrowing capacity, its own
separate accounts and its own separate property, whether it be real, personal or mixed.
§ 53-2. Official name.
The name by which the utility shall be known is "the Collingswood Parking Utility," hereinafter the "Utility."
§ 53-3. Functions.
It shall be the function of the Utility to budget and account for the parking operations undertaken by the
Borough; to preserve, care for, lay out, construct, maintain, improve and operate lands, buildings, and facilities
used for the provision of public parking and the enforcement of the Borough's laws and regulations concerning
parking; to construct, reconstruct, alter, provide, renew and maintain buildings or other structures and
equipment and provide for the care, custody and control thereof in the operation of the Utility; to raise money
necessary to pay for the lands, rights or interest therein acquired for parking activities, and for improving and
equipping the same; to pay or make provision for the payment of the reasonable expenses in each fiscal year
of the Utility; to pay to those persons entitled thereto the interest and principal on notes and bonds of the Utility,
and to deposit and accumulate reserve funds or reserves.
§ 53-4. Governing regulations.
The Utility shall be governed by the ordinances, the Administrative Code, and the resolutions adopted by the
Board of Commissioners and by administrative directives.
§ 53-5. Financial affairs.
The financial affairs of the Utility shall be governed in accordance with the statutes applying to the financial
affairs of the municipality and utilities in general.
§ 53-6. Acquisition of property.
The Utility may, from time to time, acquire such real property as may be authorized by the Board of
Commissioners by duly adopted ordinances according to the laws of the State of New Jersey.
§ 53-7. Appointment of employees; salaries and compensation.
The Mayor shall have the full authority to appoint and employ all necessary employees for the Utility. Salaries
of the employees will be in accordance with classification and salary ordinances duly adopted by the Board of
Commissioners. Portions of salaries of existing employees may be prorated based on the amount of time spent
on parking operations compared to the employees full-time Borough responsibilities.
§ 53-8. Utility charges.
The Utility shall have authority to charge and collect monies for the use of the Utility's facilities whether they be
user charges, rental fees, or lease payments, and to use these monies to defray the cost of acquisition of
lands, buildings and facilities, rights and interests therein, to equip the facilities, to pay the Utility's current
expenses and to pay the interest and principal on notes and bonds.
Chapter 57. Police Department
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood as indicated in article
histories. Amendments noted where applicable.]
GENERAL REFERENCES
Fire Department — See Ch.
29.
Payment of salaries — See Ch.
69.
Article I. Organization; Regulation; Operation
[Adopted 8-16-1971 by Ord. No. 662 as Ch. 24, Art. I, of the 1971 Code; amended in its entirety 8-4-2014 by
Ord. No. 1551]
§ 57-1. Department established; Chief of Police.
There is hereby established a department of municipal government of the Borough of Collingswood to be
known and designated as the "Police Department of the Borough of Collingswood." The office of Chief of Police
is hereby affirmed.
§ 57-2. Appointments and promotions.
A. The Chief of Police and all other appointments to or promotions within the Department shall be made by
the appropriate authority or as otherwise provided by law.
B. Appointment of the Chief of Police.
(1) When a vacancy occurs in the position of Chief of Police, the Mayor shall establish a "Chief of Police
Hiring Committee," which shall be comprised of no less than three and no more than five persons
which shall include among its members the Director of the Department of Public Safety and the
Borough Administrator. The Director of the Department of Public Safety is designated as the
appropriate authority under §
57-7 of this chapter.
(2) The Chief of Police Hiring Committee shall accept and review applications from prospective eligible
Collingswood police officers. Said applications shall include, at a minimum, a cover letter describing
the individual, his or her interest in the position, expectations for the position of Police Chief and vision
for the Department, a history of prior promotions starting with the date of hire, and a writing sample
commensurate with the job duties. The application shall also include a waiver permitting the Hiring
Committee to have access to the individual's personnel file to review all commendations and
discipline, if any.
(3) The Hiring Committee may interview qualified candidates and make a recommendation to the
Borough Commissioners.
(4) The Commissioners, by resolution adopted by a majority vote of the members, shall appoint the Chief
of Police.
(5) The removal of the Chief of Police shall be in the manner and as provided by law.
C. Hiring and promotion of police officers other than the Chief of Police.
(1) When a vacancy exists in the Department in a position other than position of Chief of Police, the Chief
shall post an announcement in the Department or, for new hires, in the newspaper, inviting eligible
applicants to apply for the position.
(2) Officers or potential applicants, as the case may be, shall make application by submitting a resume
and cover letter to the Borough Administrator indicating why the individual believes he or she is the
best candidate for the position.
(3) The Chief of Police shall review applications received, interview applicants and perform background
checks including medical screening.
(4) The Chief of Police may utilize additional officers in this process as long as those individuals are not
currently seeking the vacant promotion position.
(5) The Chief of Police shall make recommendation to the Director of the Department of Public Safety
and the Borough Administrator.
(6) The Director of the Department of Public Safety and the Borough Administrator may, but are not
required, to conduct a second round of interviews.
(7) Examination of applicants. At any time in the process the Borough may, in its discretion, administer an
examination to be given to each applicant, either written or oral, or both, the purpose of which shall be
to test the mental and moral fitness of the applicant.
(8) The Director shall make recommendation to the Commissioners for action.
(9) Upon a conditional offer of hire, applicants for initial hire shall be subject to drug screening and
psychological testing.
§ 57-3. Qualifications of all police officers.
A. No person shall be appointed an officer or member of the Police Department unless:
(1) He is a citizen of the United States and a citizen of the State of New Jersey as required by law.
(2) He is sound in body and of good health sufficient to satisfy the Board of Trustees of the Police and
Fireman's Retirement System of New Jersey that such person is eligible for membership in the
retirement system.
(3) He is able to read, write and speak the English language well and intelligently.
(4) He is of good moral character.
(5) He shall submit to and pass such physical examination and drug screening conducted by a qualified
physician designated by the Borough Administrator.
B. No person shall be eligible for appointment who has been convicted of any crime constituting an indictable
offense or who has been convicted of any crime or offense involving moral turpitude that, in the judgment
of the Borough Administrator, would be prejudicial to the morale or effectiveness of the Police Department.
C. No person shall be eligible for appointment who is less than 21 or more than 35 years of age, except as
such age limitations are affected by N.J.S.A. 38:23A-2, and provided that nothing herein contained shall be
construed to prohibit the continuance in office or employment of any person who is permanently employed
by the municipality in the Police Department at a fixed annual salary and whose sole occupation is that of
police officer.
§ 57-4. Organization of Police Department.
[Amended 7-6-2015 by Ord. No. 1572]
The uniformed officers of the Department shall include the Chief of Police (one), Deputy Chief (one), Captain
(one), Sergeants (up to six), Patrolmen (up to 22) and such Class I and Class II officers as permitted in §
57-
18.
§ 57-5. (Reserved)
§ 57-6. Promulgation of rules and regulations.
The Director of the Department of Public Safety, as the appropriate authority, shall, by ordinance, make or
prescribe such rules and regulations for the operation of the Police Department as it shall deem advisable,
which rules and regulations shall be binding on all members of the Police Department and special law
enforcement officers. Such rules and regulations may cover the duties, conduct and discipline of all members
and special law enforcement officers, uniforms and equipment to be worn or carried, hours of service, leaves of
absence, vacations and all other similar matters necessary or desirable for the better efficiency of the
Department.
§ 57-7. Duties of Director of Public Safety.
In addition to the statutory duties as the appropriate authority, the Director of the Department of Public Safety
shall have and exercise the following authority and shall perform the following duties:
A. He shall advise the Borough Commission with regard to policy on all matters of a police nature.
B. He shall consult with and advise the Borough Commission on all matters of policy affecting the Police
Department, as established by the Borough Commission.
§ 57-8. Duties of Borough Administrator.
A. The Borough Administrator shall have supervisory responsibility for the conduct of the Police Department
and the efficient and effective operation thereof, subject to the appropriate authority as set forth in N.J.S.A.
40A:14-118 and hereinafter designated. The Borough Administrator shall be responsible for the
enforcement by the Police Department under the direction of the Chief of Police of the applicable laws of
the state and ordinances of the Borough and for the administration of the rules and regulations prescribed
for the conduct and control of the Department, subject to the directives of the appropriate authority.
B. He shall, in the exercise of his authority and in order to accomplish his duties, issue such orders and give
such instructions as he may, from time to time, deem necessary or proper in the operation, administration
and management of the Police Department and in relation to the work of the special law enforcement
officers assigned to active duty, subject to the directives of the appropriate authority.
§ 57-9. Line of authority.
The Chief of Police shall be the head of the police force. He shall be directly responsible to the appropriate
authority for the efficiency and routine day-to-day operations of the police force.
§ 57-10. Duties of Chief of Police.
The Chief of Police shall, pursuant to policies established by the appropriate authority:
A. Administer and enforce any rules and regulations for the disposition and discipline of the force and its
officers and personnel as promulgated by ordinance or the appropriate authority.
B. Have, exercise and discharge the functions, powers and duties of the force.
C. Prescribe the duties and assignments of all subordinates and other personnel.
D. Delegate such of his authority as he may deem necessary for the efficient operation of the force, to be
exercised under his direction and supervision.
§ 57-11. Composition of Department.
[Amended 7-6-2015 by Ord. No. 1572]
The Police Department shall consist of the Chief of Police, one Deputy Chief, one Captain, up to six Sergeants,
up to 18 patrolmen, and any civilian personnel as deemed appropriate by the Borough Commission.
§ 57-12. Salaries.
The salaries for the members of the Police Department shall be established by the Borough Commission in the
annual Salary Ordinance or as amended during the year.
[1]
[1]
Editor's Note: The current Salary Ordinance is on file in the Borough offices.
§ 57-13. Oath of office.
All members of the Police Department shall, before entering upon the performance of their duties, take and
subscribe an oath of office and such other oaths as may be required by law.
§ 57-14. General powers.
[Amended 7-6-2015 by Ord. No. 1572]
The Chief of Police, Deputy Chief of Police, Captain, Sergeants, and patrolmen shall have the power and
authority conferred upon members and officers of such police force by N.J.S.A. 40A:14-118 and 40A:14-152.
§ 57-15. Chain of command; designation of appropriate authority.
The Chief of Police shall be subordinate to the Borough Administrator and shall receive his orders from the
Borough Administrator. The Administrator shall be subordinate to and shall receive his orders from the Director
of the Department of Public Safety, who is hereby designated as the "appropriate authority," pursuant to
N.J.S.A. 40A:14-118.
§ 57-16. Amendments to article and rules and regulations.
The Borough Commission shall, at all times, have full power and authority to amend or supplement this article
and the rules and regulations which are hereafter adopted, to repeal any part of this article and to repeal or
supplement any one or more of the regulations.
§ 57-17. Duties and conduct of members.
It shall be the duty of the members of the Police Department and special law enforcement officers, when
assigned to active duty, to see to the enforcement of all applicable state laws and ordinances of the Borough
and to preserve order and prevent infractions of the law and to arrest violators thereof. Every member of the
Police Department and special law enforcement officer shall conduct himself in a proper and law-abiding
manner at all times and shall avoid the use of unnecessary force. Each member of the Department and special
law enforcement officer shall obey the orders and directions of his supervisors and shall comply with the
provisions of this article and the rules and regulations of the Department.
§ 57-18. Special law enforcement officers.
A. As permitted by the law, the Borough Administrator may appoint special law enforcement officers for terms
not exceeding one year. Such appointments may be revoked for cause after adequate hearing, unless the
appointment is for four months or less, in which event the appointment may be revoked without cause or
hearing. They shall not be members of the Police Department, and their powers, rights and duties shall
immediately cease at the expiration of the term for which they were appointed or upon revocation of their
appointment.
B. No person shall be appointed as such special law enforcement officer unless the person:
(1) Is a resident of this state during the term of appointment.
(2) Is able to read, write and speak the English language well and intelligently and has a high school
diploma or its equivalent.
(3) Is sound in body and of good health.
(4) Is of good moral character.
(5) Has not been convicted of any offense involving dishonesty or which would make him unfit to perform
the duties of his office.
(6) Has successfully undergone the same psychological testing that is required of all full-time police
officers in the municipality.
C. Every applicant for the position of special law enforcement officer appointed pursuant to this section shall
have fingerprints taken, which fingerprints shall be filed with the Division of State Police and the Federal
Bureau of Investigation.
D. Every such special law enforcement officer shall be under the supervision and direction of the Chief of
Police except as otherwise provided in this article.
E. Every such special law enforcement officer shall perform his or her duties only when expressly assigned to
active duty and only within the limits of the municipality except when in fresh pursuit of any person
pursuant to the provisions of N.J.S.A. 2A:156-11 et seq.
F. Every such special law enforcement officer shall comply with the provisions of this article and the rules and
regulations promulgated for the conduct and decorum for the regular members of the Police Department.
G. Appointments as special law enforcement officers shall be made in accordance with N.J.S.A. 40A:14-
146.8 et seq., and their duties and qualifications shall be as set forth therein.
[Amended 7-6-2015 by Ord. No. 1572]
H. Pursuant to N.J.S.A. 40A:14-146.17, it is hereby established that the number of Class One special officers
shall be limited to 10, and the number of Class Two special officers shall be limited to six. The
classifications shall be based upon the duties to be performed by the special law enforcement officer as
follows:
(1) Class One. Officers of this class shall be authorized to perform routine traffic detail, spectator control
and similar duties. Class One officers shall have the power to issue summonses for disorderly
persons and petty disorderly persons offenses, violations of municipal ordinances and violations of
Title 39 of the New Jersey Statutes. The use of a firearm by an officer of this class shall be strictly
prohibited, and no Class One officer shall be assigned any duties which may require the carrying or
use of a firearm.
(2) Class Two. Officers of this class shall be authorized to exercise full powers and duties similar to those
of a permanent, regularly appointed full-time police officer. The use of a firearm by an officer of this
class may be authorized only after the officer has been fully certified as successfully completing
training as prescribed by the Borough.
§ 57-19. Suspension or removal; hearing; penalties.
No member shall be suspended or removed from office or employment in the Police Department for political
reasons or for any other cause than incapacity, misconduct or disobedience or for violation of this article or the
rules and regulations established for the government of the Police Force and Department. No member of the
Police Department shall be suspended, removed, fined or reduced from office or employment therein except for
just cause and then only after written charge or charges of the cause or causes of complaint shall have been
preferred against such member, signed by the person or persons making such charge or charges and filed in
the office of the Borough Administrator and a copy thereof served upon such member within 15 days after the
filing thereof and after the charge or charges shall have been examined by the Borough Administrator upon
reasonable notice to the person charged, which examination shall be commenced not less than 15 days nor
more than 30 days after said copy of such charge or charges shall have been so served. It is the intent of this
section to give every member against whom a charge or charges for any cause may be preferred under this
section a fair trial upon said charge or charges and every reasonable opportunity to make any defense he has
or chooses to make and that, in the event of failure of compliance with any provision of this section, such
charge or charges shall be dismissed.
A. If any member of the Police Department shall be suspended pending trial on charges, such trial shall be
commenced within 30 days after service of a copy thereof upon him; otherwise, the charges shall be
dismissed and the member returned to duty.
B. Upon the trial on charges of any member of the Police Department, the appropriate authority, if the
member shall be found guilty of the charges, may, in lieu of dismissal from the Department, impose such
penalty as, in its judgment, is warranted by the character of the offense.
C. The Borough Administrator may recommend, in the event of any trial on charges against any member of
the Police Department, the employment of a hearing officer to conduct the hearing and make findings of
fact and recommendations to the Borough Administrator. The appropriate authority shall also have the
authority to employ special counsel to review the charges against any such member and to present the
same at the hearing on behalf of the person or persons filing the charges. In the event that it is deemed
necessary by the appropriate authority to employ the services of a hearing officer or special counsel, the
Administrator shall report the appointment of the same at the next succeeding Commission meeting after
such appointment. Both the hearing officer and special counsel shall be attorneys at law of the State of
New Jersey, and neither shall be employed in any capacity by the Borough or any boards created by
ordinance.
§ 57-20. Word usage.
Throughout this article, the masculine gender shall include the feminine, and the singular number shall include
the plural, and vice versa, unless the context of this article indicates otherwise.
Article II. Police Training
[Adopted 8-16-1971 by Ord. No. 662 as Ch. 24, Art. II, of the 1971 Code]
§ 57-21. Completion of training required prior to permanent
appointment.
No person shall hereafter be given or accept a permanent appointment as a police officer in the Borough of
Collingswood unless such person has successfully completed a police training course at a school approved
and authorized by the Police Training Commission in the Department of Law and Public Safety of the State of
New Jersey pursuant to the provisions of Chapter 56 of the Laws of 1961.
[1]
[1]
Editor's Note: See N.J.S.A. 52:17B-66 et seq.
§ 57-22. Probationary appointment.
This Article shall not prohibit the giving or accepting of a probationary or temporary appointment as a police
officer for a period not to exceed one (1) year, to enable a person seeking a permanent appointment to
complete a police training course as prescribed by the Police Training Commission.
§ 57-23. Prerequisite for training course; leave of absence.
No person shall be permitted to take a police training course unless he holds a probationary or temporary
appointment as a police officer in the Borough of Collingswood, and such appointee shall be entitled to a leave
of absence with pay during the period of the police training course.
Article III. Reciprocal Police Assistance
[Adopted 2-17-1987 as Ord. No. 884]
§ 57-24. Agreement to provide reciprocal assistance.
Pursuant to the provisions of N.J.S.A. 40A:14-156, the governing body of the Borough of Collingswood hereby
agrees to the provision of reciprocal police assistance, as hereinafter prescribed, with those municipal
corporations in Camden County and in those counties contiguous to Camden County which demonstrate their
reciprocity by their enactment of this Article.
§ 57-25. No payment required.
It is hereby expressly provided that upon committing such reciprocal police assistance, as hereinafter
prescribed, no payment shall be required to be made by the assisted municipality to the municipality providing
such assistance. This exclusion will include (but is not necessarily limited to) police salaries, the cost of
automobiles, motorcycles, the use of police dogs and/or the cost of other equipment or expenses incurred by
providing such assistance. This provision of nonpayment is in lieu of those rates of pay and rentals set forth in
N.J.S.A. 40A:14-156 and as required by law.
§ 57-26. Termination of agreement; notification.
Any of the concurring parties may withdraw from and terminate their part in this agreement at the end of any
calendar year, provided that notice of such intention to terminate shall be given no later than November 1 of
each year to each participant herein. Otherwise, the agreement shall remain in force on a yearly basis.
§ 57-27. Incorporation of Mutual Aid Operations Plan.
The Mutual Aid Operations Plan promulgated by the Camden County Chiefs of Police Association prescribing
the specifics of emergency reciprocal police assistance is hereby incorporated by reference without inclusion
herein. Such Mutual Aid Operations Plan will be periodically updated, but such updated version will not be
enacted until distributed to each party hereto for his edification and whatever action he may deem appropriate.
§ 57-28. Chief of Police to provide annual summary report.
The Chief of Police shall annually, as soon after the end of the year as practicable, furnish the respective
governing body with a summary report of services rendered and received, with his comments and
recommendations.
Article IV. Duty Manual and Rules and Regulations
[The Duty Manual and rules and regulations for the day-to-day operations of the Police Department, entitled
"Collingswood Police Department Rules and Regulations, April 1996," as adopted 9-3-1996 by Ord. No. 1105,
is on file in the Borough offices.]
Article V. Civilian Agent
[Adopted 7-6-2004 by Ord. No. 1339; amended in its entirety 8-4-2014 by Ord. No. 1551]
§ 57-29. Purpose.
It is the desire of the Board of Commissioners of the Borough of Collingswood to create a position known as a
"Civilian Agent," assigned to the Collingswood Police Department, under the command of the Chief of Police,
with specific duties and assignments to be set by the Chief of Police for the Borough of Collingswood.
§ 57-30. Position created.
A position is created, known as a "Civilian Agent," assigned to the Collingswood Police Department for the
Borough of Collingswood.
Article VI. Fees for Outside Police Employment
[Adopted 2-5-2013 by Ord. No. 1530]
§ 57-31. Establishment of policy.
A policy shall be established for police outside employment.
§ 57-32. Request by member of Police Department.
Prior to engaging in any outside business or employment, a member or employee of the Police Department
shall request permission to do so from the Chief of Police. The decision of the Chief of Police to approve or
deny permission to work outside the Department is final and subject only to appeal to the Borough
Commissioners.
§ 57-33. Request by private party or other public entity; amount of
fees.
Where a private party or other public entity desires to contract with the Borough of Collingswood for off-duty
services by a police officer, said private party or public entity shall request the services through the office of the
Chief of Police. To the extent that personnel are available, the Chief of Police may, but shall not be required to,
assign a police officer to provide the aforesaid off-duty services. The cost of the services to the private party or
other public entity shall be at $75 per hour plus a vehicle charge of $100 per day per vehicle plus an
administration charge of 2%, at the discretion of the Chief of Police. All payments for the aforesaid services
shall be made to the Borough of Collingswood. The Chief of Police is hereby authorized to establish such rules
and regulations as are necessary to implement this subsection.
§ 57-34. Establishment of fees.
Police outside employment fees are hereby established.
Chapter 61. Public Works Department
[HISTORY:
[1] Adopted by the Board of Commissioners of the Board of Collingswood 8-3-2015 by Ord. No.
1573. Amendments noted where applicable.]
[1]
Editor's Note: Former Chapter 61, Redevelopment Utility, adopted 12-6-2004 by Ord. No. 1358, as amended,
was repealed 6-5-2006 by Ord. No. 1402.
§ 61-1. Definitions.
The following words shall have the meanings described wherever the same appears in this chapter, unless the
context clearly denotes the contrary:
BOROUGH
The Borough of Collingswood, in the County of Camden, State of New Jersey.
COMMISSIONER OF PUBLIC WORKS AND PUBLIC BUILDINGS
The Borough Commissioner duly appointed by the governing body from among its members and charged
with the control, regulation and supervision of the Department.
DEPARTMENT
Department of Public Works of the Borough.
GOVERNING BODY
The Mayor and Commissioners of the Borough of Collingswood, in the County of Camden and State of
New Jersey.
§ 61-2. Establishment.
There is hereby created and established in the Borough a Department of Public Works, which consists of a
Highway and Sewer Division and a Water Division, and each is to be supervised and administered by its
respective Superintendent as designated by the governing body.
§ 61-3. Superintendents and Assistant Superintendents appointed;
compensation.
[Amended 5-31-2018 by Ord. No. 1638]
Each Superintendent and Assistant Superintendent shall be appointed by the governing body, and shall
receive such salary as the governing body may determine from time to time and set forth in the Salary
Ordinance.
§ 61-4. Authority of Commissioner of Public Works.
The Superintendents and the Department shall be under the control and supervision of and responsible to the
Commissioner of Public Works and perform such duties as the Commissioner of Public Works may from time
to time designate.
§ 61-5. Powers and Duties of Superintendents and Assistant
Superintendents.
[Amended 5-31-2018 by Ord. No. 1638]
A. The Highway and Sewer Superintendent shall have the following powers and duties:
(1) Supervise and direct all employees of the Highway and Sewer Division of the Department.
(2) Be responsible for the servicing of all requests and complaints of citizens involving Borough facilities,
including but not limited to storm flooding, sewer failures and road damages.
(3) Supervise the construction, reconstruction, maintenance and repair of all public streets, sidewalks,
curbs and gutters within the limits of the Borough and prevent interference with the public use thereof
and further maintain reasonable standards of maintenance and repair of the same.
(4) Supervise the construction, reconstruction, maintenance and repair of the sanitary and storm sewer
systems within the limits of the Borough.
(5) Develop a comprehensive program for the removal of snow and leaves and direct removal of snow
and leaves and cleaning of streets.
(6) Maintain all Borough-owned properties and recreational facilities.
(7) Arrange for the keeping of a correct record of the work and operations of the Highway and Sewer
Division of the Department and at the end of each month shall prepare and present to the governing
body at the next regular meeting a report of the work and operations of the Highway and Sewer
Division of the Department for the preceding month.
(8) Perform such other duties as the governing body may from time to time request.
B. The Water Superintendent shall have the following powers and duties:
(1) Supervise and direct all employees of the Water Division of the Department.
(2) Be responsible for the servicing of all requests and complaints of citizens involving Borough facilities,
including but not limited to storm flooding, sewer failures and road damages.
(3) Supervise the construction, reconstruction, maintenance and repair of the water system within the
limits of the Borough.
(4) Arrange for the keeping of a correct record of the work and operations of the Water Division of the
Department and at the end of each month shall prepare and present to the governing body at the next
regular meeting a report of the work and operations of the Water Division of the Department for the
preceding month.
(5) Perform such other duties as the governing body may from time to time request.
C. The Assistant Water Superintendent shall have the following powers and duties:
(1) Under the direction of the licensed operator in charge, will help supervise the administration,
management, and operation of the water treatment plant.
(2) Maintain liaison with other municipal units.
(3) Under the direction of the licensed operator in charge, supervises work to maintain the condition,
operation, and effectiveness of the water treatment plant.
(4) Under the direction of the licensed operator in charge, supervises the construction, maintenance and
repair of the water system.
(5) Perform such duties as the governing body may from time to time request.
§ 61-6. Department employees.
A. The employees of the Highway and Sewer Division of the Department of Public Works shall consist of the
Superintendent, Tree Crew Chief, Highway Crew Chief, Water/Sewer Utility Repair Crew Chief, and as
many other employees as the governing body may deem necessary and by resolution from time to time
appoint.
B. The employees of the Water Division of Public Works shall consist of the Superintendent, Assistant
Superintendent, Lead Water Operator, Treatment Plant Operator and as many other employees as the
governing body deems necessary.
[Amended 5-31-2018 by Ord. No. 1638]
§ 61-7. Crew Chiefs.
The Crew Chiefs of the Highway and Sewer Division of the Department shall assist the Highway and Sewer
Superintendent in the administration and function of said Division and shall perform such duties as may from
time to time be assigned to him by the Superintendent in addition to ordinary work of the Division.
§ 61-8. Lead Water Treatment Plant Operator.
The Lead Water Treatment Plant Operator of the Water Division of the Department shall assist the Water
Superintendent in the administration and function of said Division and shall perform such duties as may from
time to time be assigned to him by the Superintendent in addition to ordinary work in the Division.
§ 61-9. Personnel rules and regulations.
All employees of the Department shall be subject to and must comply with the provisions of the Borough
ordinance establishing the personnel rules and regulations for Borough employees.
§ 61-10. Repealer.
Any and all ordinances inconsistent with the terms of this chapter are hereby repealed to the extent of any such
inconsistencies.
§ 61-11. Severability.
In the event that any clause, section, paragraph or sentence of this chapter is deemed to be invalid or
unenforceable for any reason, then the Borough Committee hereby declares its intent that the balance of the
chapter not affected by said invalidity shall remain in full force and effect to the extent that it allows the Borough
to meet the goals of the chapter.
§ 61-12. When effective.
This chapter shall take effect upon proper passage in accordance with the law.
Chapter 63. Residency Requirements
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood 5-6-1985 as Ord. No.
837. Amendments noted where applicable.]
GENERAL REFERENCES
Fire department — See Ch.
29.
Officers and employees — See Ch.
45.
Police department — See Ch.
57.
§ 63-1. Residency in borough.
To the greatest extent possible, all officers and employees of the Borough of Collingswood shall be and shall
remain, as a condition of their employment and continued employment, bona fide residents of the Borough of
Collingswood, except as otherwise provided by law.
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
§ 63-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
BONA FIDE RESIDENTS
Persons actually living in the Borough of Collingswood and having an intent of remaining domiciled there.
§ 63-3. Exemption.
The Board of Commissioners or the director of the department to which any officer or employee is or may be
assigned may permit any person who is not a bona fide resident to become or remain an officer or employee
whenever, in its or his judgment, circumstances exist necessitating or justifying such nonresidence.
Chapter 65. Retirement
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood as indicated in article
histories. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch.
45.
Article I. Defined Contribution Retirement Program
[Adopted 9-2-2008 by Ord. No. 1452]
§ 65-1. Participation required for eligible positions.
Pursuant to N.J.S.A. 43:15C-2, the following positions are deemed to be eligible for and shall participate in the
Defined Contribution Retirement Program:
A. Borough Administrator, Superintendent of Public Works, Municipal Court Administrator, Library Director,
Director of Community Development, and Water Department Superintendent;
B. Municipal Attorney;
C. Municipal Engineer;
D. Municipal Prosecutor;
E. Municipal Court Judge;
F. Municipal Public Defender.
§ 65-2. Exempt positions.
Individuals serving in the following positions are exempt from Defined Contribution Retirement Program
membership, pursuant to N.J.S.A. 43:15C-2:
A. Tax Collector;
B. Chief Financial Officer;
C. Construction Code Official;
D. Qualified Purchasing Agent;
E. Tax Assessor;
F. Municipal Planner;
G. Registered Municipal Clerk;
H. Licensed Uniform Subcode Inspector;
I.
Principal Public Works Manager.
§ 65-3. Legislative authority.
This article shall be implemented, construed and subject to the aforesaid Chapter 92 of the Laws of 2007
(N.J.S.A. 43:15C-1 et seq.), as amended from time to time, and any regulations or guidance documents from
the Local Finance Board or the Division of Pensions and Benefits.
Chapter 69. Salaries, Payment of
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood as indicated in article
histories. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch.
45.
Article I. General Provisions
[Adopted 8-16-1971 by Ord. No. 662 as Ch. 4 of the 1971 Code]
§ 69-1. Determination of salaries.
[Amended 8-15-1994 by Ord. No. 1058]
A.
The rate of compensation of each officer and employee of the Borough of Collingswood shall be
established by and advertised in the Annual Salary Ordinance. Salaries shall be paid on a biweekly or
monthly basis. The current Salary Ordinance is on file in the borough offices.
B. All other employees shall be paid on a biweekly basis and at an hourly rate to be determined by the
department head.
§ 69-2. Duties and terms of employment.
The duties and terms of employment of the several officers and employees shall be as prescribed by statute,
ordinance or resolution if any such have been enacted; otherwise, such duties and terms shall be such as shall
be prescribed by the Board of Commissioners.
§ 69-3. Method of payment.
A. The Treasurer shall present monthly to the governing body for approval warrants drawn to the order of the
Borough of Collingswood Payroll Account as follows:
(1) In advance for all employees whose salaries are on an annual or biweekly basis when such salaries
are due and payable prior to the next regular meeting of the governing body.
[Amended 8-15-1994 by Ord. No. 1058]
(2) In advance for all employees whose compensation is on an hourly basis when the compensation has
been approved by some responsible designated official and the Commissioner in charge of the
particular department in which such person is employed and has been certified to the Municipal
Treasurer.
B. At the first meeting of the governing body in January of each year, there shall be approved an account to
be designated the "Borough of Collingswood Payroll Account," and, from time to time, the Treasurer, upon
receipt of a warrant for the amount due such payroll account, shall deposit the same to the credit of the
payroll account, charging the appropriate budgetary accounts therewith.
C. The Treasurer shall thereafter draw checks on said payroll account to the employees entitled to payment
therefrom.
D. At either of the regular meetings of the governing body each month, the Treasurer shall submit for
approval or ratification, as the case may be, the necessary payrolls for the amount due to the several
officers and employees for compensation. The payrolls shall be considered by the governing body in due
course and approved if found to be correct.
E. In case of error or adjustment in the payroll, the Treasurer shall and it shall be his duty to see that such
error or adjustment is properly corrected and an appropriate record made thereof.
F. Such officers as may be designated by the governing body are hereby authorized to sign warrants drawn
in favor of the payroll account upon due notice that the appropriate payrolls have been approved by the
proper Commissioner or the proper certifying authorities, which certifying authorities or Commissioner shall
be designated by resolution or by law.
§ 69-4. Retroactive effect; exceptions.
All said salaries shall be retroactive to January 1 for the current year; provided, however, that where such
position or office is filled after the beginning of the year, the same shall be paid pro rata for the remainder of the
year only, and provided further that in the event that any officer or employee is entitled to a raise or increment
in salary during the course of any year, then such officer or employee shall be paid such raise or increment in
salary during the course of the year as and when determined and approved by the Board of Commissioners
and shall not be entitled to receive the same before such determination and approval, anything herein
contained to the contrary notwithstanding.
Article II. Direct Deposit
[Adopted 7-7-2014 by Ord. No. 1550]
§ 69-5. Direct deposit required.
All full time employees and elected public officials who receive compensation from the Borough of
Collingswood are mandated to have direct deposit of their compensation as of July 18, 2014, in accordance
with P.L. 2013, c. 28, as defined under N.J.S.A. 52:14-15f(b).
§ 69-6. Seasonal and temporary employees exempt.
Seasonal and temporary employees who are employed by the Borough of Collingswood are exempt from the
direct deposit mandate.
§ 69-7. Request for exemption.
Municipal employees may request, in writing, an exemption from the direct deposit mandate to the Borough of
Collingswood Administrator. The Administrator may grant such an exemption only for good cause.
Chapter 72. Shade Tree Advisory Committee
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood 1-5-1998 by Ord. No.
1142. (This ordinance repealed former Ch. 72, Shade Tree Advisory Committee, adopted 4-7-1997 by Ord. No.
1119.) Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch.
265, Art.
V.
Trees — See Ch.
283.
§ 72-1. Board established; membership.
An advisory board shall be and hereby is created and established consisting of five volunteers of the borough
and shall be known as the "Shade Tree Advisory Board of the Borough of Collingswood."
§ 72-2. Duties.
The Board shall act in an advisory capacity to the Borough Commission regarding the planting and care of
shade and ornamental trees and shrubbery now situate or which may hereafter be planted in any public
highway, park or other appropriate area of said borough, except county parks or parkways. Such advice shall
pertain to trimming, spraying, care and protection of trees in the borough consistent with the borough's policy to
protect existing trees and to encourage further tree growth in the municipality.
§ 72-3. Community forestry plan; tree care policies.
The Board shall write and implement an annual community forestry plan and shall determine public tree care
policies.
Chapter 77. Waterworks
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood 8-16-1971 by Ord. No.
662 as Ch. 30 of the 1971 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Water — See Ch.
301.
§ 77-1. Operation and maintenance.
The Board of Commissioners of the Borough of Collingswood shall provide for, construct, operate and maintain
waterworks and a plant for the supply of water for domestic and public use in and for the Borough of
Collingswood.
§ 77-2. Surveys and examinations.
The Board of Commissioners of the Borough of Collingswood shall cause to be made surveys, plans and
estimates by competent engineers and mechanics for said waterworks and plant and shall make all such
preliminary examination, exploration, measurements and levelings as may be necessary and proper for its
corporate purposes in respect to a water supply.
2. Part II, General Legislation
Chapter 85. Affordable Housing
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood 8-1-2016 by Ord. No.
1598.
[1] Amendments noted where applicable.]
GENERAL REFERENCES
Housing Authority — See Ch.
35.
Development regulations — See Ch.
141.
[1]
Editor's Note: This ordinance also repealed former Ch. 85, Affordable Housing, which was comprised of Art. I,
Municipal Housing Liaison, adopted 7-3-2006 by Ord. No. 1407; Art. II, Development Fees, adopted 5-4-2009 by
Ord. No. 1456; and Art. III, Fair Share Plan, adopted 10-5-2009 by Ord. No. 1470.
§ 85-1. Purpose.
A. The purpose of this chapter is to address Collingswood's constitutional obligation to provide for its fair
share of low- and moderate-income housing, as directed by the Superior Court and consistent with
N.J.A.C. 5:93-1 et seq., as amended and supplemented, N.J.A.C. 5:80-26.1 et seq., as amended and
supplemented, and the New Jersey Fair Housing Act of 1985. This chapter is intended to provide
assurances that low- and moderate-income units ("affordable units") are created with controls on
affordability over time and that low- and moderate-income households shall occupy those units. This
chapter shall apply except where inconsistent with applicable law.
B. The Collingswood Borough Planning Board has adopted a Housing Element and Fair Share Plan pursuant
to the Municipal Land Use Law at N.J.S.A. 40:55D-1 et seq. The Housing Element and Fair Share Plan
has been endorsed by the governing body. This chapter implements and incorporates the adopted and
endorsed Housing Element and Fair Share Plan and addresses the requirements of N.J.A.C. 5:93-1 et
seq., as amended and supplemented, N.J.A.C.5:80-26.1 et seq. as amended and supplemented, and the
New Jersey Fair Housing Act of 1985.
C. The Borough of Collingswood shall file such annual monitoring reports as may be directed by the Court
regarding the status of the implementation of its Court-approved Housing Element and Fair Share Plan.
The report shall be filed with Fair Share Housing Center and posted on the Collingswood website.
§ 85-2. Definitions.
The following terms when used in this chapter shall have the meanings given in this section:
ACT
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A. 52:27D-301 et seq.)
ADAPTABLE
Constructed in compliance with the technical design standards of the Barrier Free Subcode, N.J.A.C.
5:23-7.
ADMINISTRATIVE AGENT
The entity designated by the Borough to administer affordable units in accordance with this chapter,
N.J.A.C. 5:93, and UHAC (N.J.A.C. 5:80-26).
AFFIRMATIVE MARKETING
A regional marketing strategy designed to attract buyers and/or renters of affordable units pursuant to
N.J.A.C. 5:80-26.15.
AFFORDABILITY AVERAGE
The average percentage of median income at which new restricted units in an affordable housing
development are affordable to low- and moderate-income households.
AFFORDABLE
A sales price or rent level that is within the means of a low- or moderate-income household as defined
within N.J.A.C. 5:93-7.4, and, in the case of an ownership unit, that the sales price for the unit conforms to
the standards set forth in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in the case of a
rental unit, that the rent for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.12, as may be
amended and supplemented.
AFFORDABLE HOUSING DEVELOPMENT
A development included in or approved pursuant to the Housing Element and Fair Share Plan or otherwise
intended to address the Borough's fair share obligation, and includes, but is not limited to, an inclusionary
development, a municipal construction project or a one-hundred-percent-affordable housing development.
AFFORDABLE HOUSING PROGRAM(S)
Any mechanism in a municipal Fair Share Plan prepared or implemented to address a municipality's fair
share obligation.
AFFORDABLE UNIT
A housing unit proposed or created pursuant to the Act and approved for crediting by the Court and/or
funded through an affordable housing trust fund.
AGE-RESTRICTED UNIT
A housing unit designed to meet the needs of, and exclusively for, the residents of an age-restricted
segment of the population such that:
A. All the residents of the development wherein the unit is situated are 62 years of age or older; or
B. At least 80% of the units are occupied by one person who is 55 years of age or older; or
C. The development has been designated by the Secretary of the United States Department of Housing
and Urban Development as "housing for older persons" as defined in Section 807(b)(2) of the Fair
Housing Act, 42 U.S.C. § 3607.
AGENCY
The New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A.
55:14K-1 et seq.).
ALTERNATIVE LIVING ARRANGEMENT
A structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central
heat and common areas. Alternative living arrangements include, but are not limited to: transitional
facilities for the homeless; Class A, B, C, D and E boarding homes as regulated by the State of New
Jersey Department of Community Affairs; residential health care facilities as regulated by the New Jersey
Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or
regulated by the New Jersey Department of Human Services; and congregate living arrangements.
ASSISTED LIVING RESIDENCE
A facility that is licensed by the New Jersey Department of Health and Senior Services to provide
apartment-style housing and congregate dining and to assure that assisted living services are available
when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at
a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit
entrance.
CERTIFIED HOUSEHOLD
A household that has been certified by an administrative agent as a low-income household or moderate-
income household.
COAH
The Council on Affordable Housing, as established by the New Jersey Fair Housing Act (N.J.S.A. 52:27D-
301 et seq.).
DCA
The State of New Jersey Department of Community Affairs.
DEFICIENT HOUSING UNIT
A housing unit with health and safety code violations that requires the repair or replacement of a major
system. A major system includes weatherization, roofing, plumbing (including wells), heating, electricity,
sanitary plumbing (including septic systems), lead paint abatement and/or load bearing structural systems.
DEVELOPER
Any person, partnership, association, company or corporation that is the legal or beneficial owner or
owners of a lot or any land included in a proposed development including the holder of an option to
contract to purchase, or other person having an enforceable proprietary interest in such land.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion,
structural alteration, relocation, or enlargement of any use or change in the use of any building or other
structure, or of any mining, excavation or landfill, and any use or change in the use of any building or other
structure, or land or extension of use of land, for which permission may be required pursuant to N.J.S.A.
40:55D-1 et seq.
INCLUSIONARY DEVELOPMENT
A development containing both affordable units and market rate units. This term includes, but is not limited
to: new construction, the conversion of a nonresidential structure to residential use and the creation of new
affordable units through the gut rehabilitation or reconstruction of a vacant residential structure.
LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal to 50% or less of the median household
income.
LOW-INCOME UNIT
A restricted unit that is affordable to a low-income household.
MAJOR SYSTEM
The primary structural, mechanical, plumbing, electrical, fire protection, or occupant service components of
a building which include but are not limited to weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint abatement and load-bearing structural
systems.
MARKET-RATE UNITS
Housing not restricted to low- and moderate-income households that may sell or rent at any price.
MEDIAN INCOME
The median income by household size for the applicable housing region, as adopted annually by COAH or
a successor entity approved by the Court.
MODERATE-INCOME HOUSEHOLD
A household with a total gross annual household income in excess of 50% but less than 80% of the
median household income.
MODERATE-INCOME UNIT
A restricted unit that is affordable to a moderate-income household.
NONEXEMPT SALE
Any sale or transfer of ownership other than the transfer of ownership between husband and wife; the
transfer of ownership between former spouses ordered as a result of a judicial decree of divorce or judicial
separation, but not including sales to third parties; the transfer of ownership between family members as a
result of inheritance; the transfer of ownership through an executor's deed to a Class A beneficiary and the
transfer of ownership by court order.
RANDOM SELECTION PROCESS
A process by which currently income-eligible households are selected for placement in affordable housing
units such that no preference is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable unit (e.g., by lottery).
REGIONAL ASSET LIMIT
The maximum housing value in each housing region affordable to a four-person household with an income
at 80% of the regional median as defined by duly adopted regional income limits published annually by
COAH or a successor entity.
REHABILITATION
The repair, renovation, alteration or reconstruction of any building or structure, pursuant to the
Rehabilitation Subcode, N.J.A.C. 5:23-6.
RENT
The gross monthly cost of a rental unit to the tenant, including the rent paid to the landlord, as well as an
allowance for tenant-paid utilities computed in accordance with allowances published by DCA for its
Section 8 program. In assisted living residences, rent does not include charges for food and services.
RESTRICTED UNIT
A dwelling unit, whether a rental unit or an ownership unit, that is subject to the affordability controls of
N.J.A.C. 5:80-26.1, as amended and supplemented, but does not include a market-rate unit financed
under UHORP or MONI.
UHAC
The Uniform Housing Affordability Controls set forth in N.J.A.C. 5:80-26 et seq.
VERY LOW-INCOME HOUSEHOLD
A household with a total gross annual household income equal to 30% or less of the median household
income for the applicable housing region.
VERY LOW-INCOME UNIT
A restricted unit that is affordable to a very low-income household.
WEATHERIZATION
Building insulation (for attic, exterior walls and crawl space), siding to improve energy efficiency,
replacement storm windows, replacement storm doors, replacement windows and replacement doors, and
is considered a major system for purposes of a rehabilitation program.
§ 85-3. Applicability.
A. The provisions of this chapter shall apply to all affordable housing developments and affordable housing
units that currently exist and that are proposed to be created within the Borough of Collingswood pursuant
to the Borough's most recently adopted Housing Element and Fair Share Plan.
B. The following sections shall apply to all developments that contain low- and moderate-income housing
units, including any currently unanticipated future developments that will provide low- and moderate-
income housing units.
§ 85-4. Alternative living arrangements.
A. The administration of an alternative living arrangement shall be in compliance with N.J.A.C. 5:93-5.8 and
UHAC, with the following exceptions:
(1) Affirmative marketing (N.J.A.C. 5:80-26.15); provided, however, that the units or bedrooms may be
affirmatively marketed by the provider in accordance with an alternative plan approved by the Court;
(2) Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).
B. With the exception of units established with capital funding through a twenty-year operating contract with
the Department of Human Services, Division of Developmental Disabilities, alternative living arrangements
shall have at least thirty-year controls on affordability in accordance with UHAC, unless an alternative
commitment is approved by the Court.
C. The service provider for the alternative living arrangement shall act as the administrative agent for the
purposes of administering the affirmative marketing and affordability requirements for the alternative living
arrangement.
§ 85-5. Phasing schedule for inclusionary zoning.
In inclusionary developments the following schedule shall be followed:
Maximum Percentage of Market-Rate Units
Minimum Percentage of Low- and Moderate-
Completed
Income Units Completed
25
0
25+1
10
50
50
75
75
90
100
§ 85-6. New construction.
A. Low/moderate split and bedroom distribution of affordable housing units.
(1) The fair share obligation shall be divided equally between low- and moderate-income units, except
that where there is an odd number of affordable housing units, the extra unit shall be a low-income
unit. At least 13% of all restricted rental units shall be very low-income units (affordable to a
household earning 30% or less of median income. The very low income units shall be counted as part
of the required number of low income units within the development. At least 25% of the obligation
shall be met through rental units, including at least half in rental units available to families. A maximum
of 25% may be age restricted. At least half of the units in total shall be available to families.
(2)
In each affordable development, at least 50% of the restricted units within each bedroom distribution
shall be low-income units.
(3) Affordable developments that are not age-restricted shall be structured in conjunction with realistic
market demands such that:
(a) The combined number of efficiency and one-bedroom units shall be no greater than 20% of the
total low- and moderate-income units;
(b) At least 30% of all low- and moderate-income units shall be two-bedroom units;
(c) At least 20% of all low- and moderate-income units shall be three-bedroom units; and
(d) The remaining units may be allocated among two- and three-bedroom units at the discretion of
the developer.
(4) Affordable developments that are age-restricted shall be structured such that the number of bedrooms
shall equal the number of age-restricted low- and moderate-income units within the inclusionary
development. This standard may be met by having all one-bedroom units or by having a two-bedroom
unit for each efficiency unit.
B. Accessibility requirements.
(1) The first floor of all restricted townhouse dwelling units and all restricted units in all other multistory
buildings shall be subject to the technical design standards of the Barrier Free Subcode, N.J.A.C.
5:23-7 and the following:
(2) All restricted townhouse dwelling units and all restricted units in other multistory buildings in which a
restricted dwelling unit is attached to at least one other dwelling unit shall have the following features:
(a) An adaptable toilet and bathing facility on the first floor; and
(b) An adaptable kitchen on the first floor; and
(c) An interior accessible route of travel on the first floor; and
(d) An adaptable room that can be used as a bedroom, with a door or the casing for the installation of
a door, on the first floor; and
(e) If not all of the foregoing requirements in Subsection
B(2)(a) through
(d) can be satisfied, then an
interior accessible route of travel must be provided between stories within an individual unit, but if
all of the terms of Subsection
B(2)(a) through
(d) above have been satisfied, then an interior
accessible route of travel shall not be required between stories within an individual unit; and
(f) An accessible entranceway as set forth at P.L. 2005, c. 350 (N.J.S.A. 52:27D-311a et seq.) and
the Barrier Free Subcode, N.J.A.C. 5:23-7, or evidence that Collingswood has collected funds
from the developer sufficient to make 10% of the adaptable entrances in the development
accessible:
[1] Where a unit has been constructed with an adaptable entrance, upon the request of a
disabled person who is purchasing or will reside in the dwelling unit, an accessible entrance
shall be installed.
[2] To this end, the builder of restricted units shall deposit funds within the Borough of
Collingswood's Affordable Housing Trust Fund sufficient to install accessible entrances in
10% of the affordable units that have been constructed with adaptable entrances.
[3] The funds deposited under Subsection
B(2)(f)[2] above shall be used by the Borough of
Collingswood for the sole purpose of making the adaptable entrance of an affordable unit
accessible when requested to do so by a person with a disability who occupies or intends to
occupy the unit and requires an accessible entrance.
[4] The developer of the restricted units shall submit a design plan and cost estimate to the
Construction Official of the Borough of Collingswood for the conversion of adaptable to
accessible entrances.
[5] Once the Construction Official has determined that the design plan to convert the unit
entrances from adaptable to accessible meet the requirements of the Barrier Free Subcode,
N.J.A.C. 5:23-7, and that the cost estimate of such conversion is reasonable, payment shall
be made to the Borough's Affordable Housing Trust Fund in care of the Borough Chief
Financial Officer who shall ensure that the funds are deposited into the Affordable Housing
Trust Fund and appropriately earmarked.
[6] Full compliance with the foregoing provisions shall not be required where an entity can
demonstrate that it is "site impracticable" to meet the requirements. Determinations of site
impracticability shall be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.
C. Design.
(1) In inclusionary developments, to the extent possible, low- and moderate-income units shall be
integrated with the market units.
(2) In inclusionary developments, low- and moderate-income units shall have access to all of the same
common elements and facilities as the market units.
D. Maximum rents and sales prices.
(1) In establishing rents and sales prices of affordable housing units, the administrative agent shall follow
the procedures set forth in UHAC, utilizing the regional income limits approved by the Court.
(2) The maximum rent for restricted rental units within each affordable development shall be affordable to
households earning no more than 60% of median income, and the average rent for restricted rental
units shall be affordable to households earning no more than 52% of median income.
(3) The developers and/or municipal sponsors of restricted rental units shall establish at least one rent for
each bedroom type for both low-income and moderate-income units, provided that at least 13% of all
low- and moderate-income rental units shall be affordable to very low-income households, earning
30% or less of the regional median household income.
(4) The maximum sales price of restricted ownership units within each affordable development shall be
affordable to households earning no more than 70% of median income, and each affordable
development must achieve an affordability average of 55% for restricted ownership units; in achieving
this affordability average, moderate-income ownership units must be available for at least three
different sales prices for each bedroom type, and low-income ownership units must be available for at
least two different sales prices for each bedroom type.
(5) In determining the initial sales prices and rent levels for compliance with the affordability average
requirements for restricted units other than assisted living facilities and age-restricted developments,
the following standards shall be used:
(a) A studio shall be affordable to a one-person household;
(b) A one-bedroom unit shall be affordable to a one-and-one-half person household;
(c) A two-bedroom unit shall be affordable to a three-person household;
(d) A three-bedroom unit shall be affordable to a four and one-half person household; and
(e) A four-bedroom unit shall be affordable to a six-person household.
(6) In determining the initial sales prices and rents for compliance with the affordability average
requirements for restricted units in assisted living facilities and age-restricted developments, the
following standards shall be used:
(a) A studio shall be affordable to a one-person household;
(b) A one-bedroom unit shall be affordable to a one-and-one-half person household; and
(c) A two-bedroom unit shall be affordable to a two-person household or to two one-person
households.
(7) The initial purchase price for all restricted ownership units shall be calculated so that the monthly
carrying cost of the unit, including principal and interest (based on a mortgage loan equal to 95% of
the purchase price and the Federal Reserve H.15 rate of interest), taxes, homeowner and private
mortgage insurance and condominium or homeowner association fees do not exceed 28% of the
eligible monthly income of the appropriate size household as determined under N.J.A.C. 5:80-26.4, as
may be amended and supplemented; provided, however, that the price shall be subject to the
affordability average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(8) The initial rent for a restricted rental unit shall be calculated so as not to exceed 30% of the eligible
monthly income of the appropriate size household, including an allowance for tenant paid utilities, as
determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented; provided, however,
that the rent shall be subject to the affordability average requirement of N.J.A.C. 5:80-26.3, as may be
amended and supplemented.
(9) The price of owner-occupied low- and moderate-income units may increase annually based on the
percentage increase in the regional median income limit for each housing region. In no event shall the
maximum resale price established by the administrative agent be lower than the last recorded
purchase price.
(10) The rent of low- and moderate-income units may be increased annually based on the permitted
percentage increase in the Housing Consumer Price Index for the United States. This increase shall
not exceed 9% in any one year. Rents for units constructed pursuant to low-income housing tax credit
regulations shall be indexed pursuant to the regulations governing low- income housing tax credits.
E. Multifamily zones/overlay zones.
(1) The general requirements for developments of eight dwelling units per acre set forth in this Subsection
E shall apply to the following:
(a) Planning Board action on subdivision or site plan applications;
(b) Zoning Board adjustment actions and variances;
(c) Redevelopment plans adopted by the governing body; and
(d) Rehabilitation plans adopted by the governing body.
(2) Any property in the Borough of Collingswood that is currently zoned for nonresidential uses and that is
subsequently rezoned for residential purposes or receives a zoning change or a use variance to
permit residential development, or receives a zoning change or a density variance to permit higher
density residential development, and provided such residential development provides a sufficient
compensatory benefit in terms of the density of development permitted, shall provide an affordable
housing set-aside as set forth in Subsection
E(3) below. The determination of a "sufficient
compensatory benefit" shall be a density that is above the presumptive density pursuant to N.J.A.C.
5:93-5.6.
(3) Any rental or for sale multifamily development of five or more units and a density of eight dwelling
units per acre or greater in the Borough shall be required to set aside a minimum of 15% of the total
number of units as affordable housing units. Where this requirement results in a fraction of a unit, the
fraction shall be rounded to the nearest whole unit. Fractions of less than 1/2 shall be rounded off to
the lower unit and fractions of greater than 1/2 shall be rounded off to the higher whole unit.
(4) In inclusionary developments, low- and moderate-income units shall be integrated with the market
units. However, for developments of up to 20 units, not specifically identified in the Borough's Fair
Share Plan, the Borough may, in its sole discretion, permit payments in lieu of constructing affordable
units or the construction of affordable units off-site, in accordance with N.J.A.C. 5:97-6.4. For
development of 21 to 30 units, not specifically identified in the Borough's Fair Share Plan, the Borough
may, in its sole discretion, permit up to 50% of the required set aside to be met through payments in
lieu of constructing affordable units or the construction of affordable units off-site, in accordance with
N.J.A.C. 5:97-6.4, provided that the municipality identified how the off-site units will be provided on a
one-for-one basis at the time of the final site plan approval for the inclusionary development and
provides notice of information regarding the provision of the off-site units to Fair Share Housing
Center 10 days before the site plan approval is heard. Developments of 31 units or more shall provide
the units on site, with no off-site option.
(5) All payments-in-lieu referenced above shall be expended for construction of affordable units
conforming to a compliance mechanism recognized in N.J.A.C. 5:93 within four years of the deposit of
the payments-in-lieu in the Borough's Affordable Housing Trust Fund, and such expenditure shall be
deemed a commitment of funds pursuant to N.J.S.A. 52:27D-329.3.
(6) The Inclusionary Zoning Ordinance shall not be deemed an admission by the Borough that affordable
housing set-asides automatically constitute an inherently beneficial use for purposes of zoning
variances.
(7) For additional compliance mechanisms, the Borough agrees to rely on N.J.A.C. 5:93 with regard to
the compliance mechanism specifically described therein. For additional compliance mechanisms to
address unmet need, the Borough agrees to rely on N.J.A.C. 5:93-4.2.
(8) Thirteen percent of the Borough's third-round prospective need obligation will be met through very low
income housing, and the Borough shall provide for a lookback at least once every three years to make
sure this provision is complied with for the units built during that period.
§ 85-7. Utilities.
A. Affordable units shall utilize the same type of heating source as market units within an inclusionary
development.
B. Tenant-paid utilities included in the utility allowance shall be set forth in the lease and shall be consistent
with the utility allowance approved by DCA for its Section 8 program.
§ 85-8. Occupancy standards.
In referring certified households to specific restricted units, the administrative agent shall, to the extent feasible
and without causing an undue delay in the occupancy of a unit, strive to:
A. Provide an occupant for each bedroom;
B. Provide children of different sexes with separate bedrooms;
C. Provide separate bedrooms for parents and children; and
D. Prevent more than two persons from occupying a single bedroom.
§ 85-9. Control periods for restricted ownership units and enforcement
mechanisms.
A. Control periods for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.5, as may be
amended and supplemented, and each restricted ownership unit shall remain subject to the requirements
of this chapter for a period of at least 30 years, until Collingswood takes action to release the unit from
such requirements. Prior to such action, a restricted ownership unit must remain subject to the
requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
B. The affordability control period for a restricted ownership unit shall commence on the date the initial
certified household takes title to the unit.
C. Prior to the issuance of the initial certificate of occupancy for a restricted ownership unit and upon each
successive sale during the period of restricted ownership, the administrative agent shall determine the
restricted price for the unit and shall also determine the nonrestricted, fair market value of the unit based
on either an appraisal or the unit's equalized assessed value without the restrictions in place.
D. At the time of the initial sale of the unit, the initial purchaser shall execute and deliver to the administrative
agent a recapture note obligating the purchaser (as well as the purchaser's heirs, successors and assigns)
to repay, upon the first nonexempt sale after the unit's release from the restrictions set forth in this chapter,
an amount equal to the difference between the unit's nonrestricted fair market value and its restricted
price, and the recapture note shall be secured by a recapture lien evidenced by a duly recorded mortgage
on the unit.
E. The affordability controls set forth in this chapter shall remain in effect despite the entry and enforcement
of any judgment of foreclosure with respect to restricted ownership units.
F. A restricted ownership unit shall be required to obtain a continuing certificate of occupancy or a certified
statement from the construction official stating that the unit meets all Code standards upon the first transfer
of title following the removal of the restrictions provided under N.J.A.C. 5:80-26.5(a), as may be amended
and supplemented.
§ 85-10. Price restrictions for restricted ownership units, homeowner
association fees and resale prices.
Price restrictions for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as may be
amended and supplemented, including:
A. The initial purchase price for a restricted ownership unit shall be approved by the administrative agent.
B. The administrative agent shall approve all resale prices, in writing and in advance of the resale, to assure
compliance with the foregoing standards.
C. The master deeds of inclusionary developments shall provide no distinction between the condominium or
homeowner association fees and special assessments paid by low- and moderate-income purchasers and
those paid by market purchasers.
D. The owners of restricted ownership units may apply to the administrative agent to increase the maximum
sales price for the unit on the basis of anticipated capital improvements. Eligible capital improvements
shall be those that render the unit suitable for a larger household or the addition of a bathroom. See §
85-
13.
§ 85-11. Buyer income eligibility.
A. Buyer income eligibility for restricted ownership units shall be in accordance with N.J.A.C. 5:80-26.1, as
may be amended and supplemented, such that low-income ownership units shall be reserved for
households with a gross household income less than or equal to 50% of median income and moderate-
income ownership units shall be reserved for households with a gross household income less than 80% of
median income.
B. Notwithstanding the foregoing, however, the administrative agent may, upon approval by the Borough
Commissioners, and subject to the Court's approval, permit moderate-income purchasers to buy low-
income units in housing markets if the administrative agent determines that there is an insufficient number
of eligible low-income purchasers to permit prompt occupancy of the units. All such low-income units to be
sold to moderate-income households shall retain the required pricing and pricing restrictions for low-
income units.
C. A certified household that purchases a restricted ownership unit must occupy it as the certified household's
principal residence and shall not lease the unit; provided, however, that the administrative agent may
permit the owner of a restricted ownership unit, upon application and a showing of hardship, to lease the
restricted unit to another certified household for a period not to exceed one year.
D. The administrative agent shall certify a household as eligible for a restricted ownership unit when the
household is a low-income household or a moderate-income household, as applicable to the unit, and the
estimated monthly housing cost for the particular unit (including principal, interest, taxes, homeowner and
private mortgage insurance and condominium or homeowner association fees, as applicable) does not
exceed 33% of the household's eligible monthly income.
§ 85-12. Limitations on indebtedness secured by ownership unit;
subordination.
A. Prior to incurring any indebtedness to be secured by a restricted ownership unit, the owner shall apply to
the administrative agent for a determination in writing that the proposed indebtedness complies with the
provisions of this section, and the administrative agent shall issue such determination prior to the owner
incurring such indebtedness.
B. With the exception of first purchase money mortgages, neither an owner nor a lender shall at any time
cause or permit the total indebtedness secured by a restricted ownership unit to exceed 95% of the
maximum allowable resale price of the unit, as such price is determined by the administrative agent in
accordance with N.J.A.C. 5:80-26.6(b).
§ 85-13. Capital improvements to ownership units.
A. The owners of restricted ownership units may apply to the administrative agent to increase the maximum
sales price for the unit on the basis of capital improvements made since the purchase of the unit. Eligible
capital improvements shall be those that render the unit suitable for a larger household or that adds an
additional bathroom. In no event shall the maximum sales price of an improved housing unit exceed the
limits of affordability for the larger household.
B. Upon the resale of a restricted ownership unit, all items of property that are permanently affixed to the unit
or were included when the unit was initially restricted (for example, refrigerator, range, washer, dryer,
dishwasher, wall-to-wall carpeting) shall be included in the maximum allowable resale price. Other items
may be sold to the purchaser at a reasonable price that has been approved by the administrative agent at
the time of the signing of the agreement to purchase. The purchase of central air conditioning installed
subsequent to the initial sale of the unit and not included in the base price may be made a condition of the
unit resale, provided that the price, which shall be subject to ten-year, straight-line depreciation, has been
approved by the administrative agent. Unless otherwise approved by the administrative agent, the
purchase of any property other than central air conditioning shall not be made a condition of the unit
resale. The owner and the purchaser must personally certify at the time of closing that no unapproved
transfer of funds for the purpose of selling and receiving property has taken place at the time of or as a
condition of resale.
§ 85-14. Control periods for restricted rental units.
A. Control periods for restricted rental units shall be in accordance with N.J.A.C. 5:80-26.11, as may be
amended and supplemented and each restricted rental unit shall remain subject to the requirements of this
chapter for a period of at least 30 years, until Collingswood takes action to release the unit from such
requirements. Prior to such action, a restricted rental unit must remain subject to the requirements of
N.J.A.C. 5:80-26.1, as may be amended and supplemented.
B. Deeds of all real property that include restricted rental units shall contain deed restriction language. The
deed restriction shall have priority over all mortgages on the property, and the deed restriction shall be
filed by the developer or seller with the records office of the County of Camden. A copy of the filed
document shall be provided to the administrative agent within 30 days of the receipt of a certificate of
occupancy.
C. A restricted rental unit shall remain subject to the affordability controls of this chapter despite the
occurrence of any of the following events:
(1) Sublease or assignment of the lease of the unit;
(2) Sale or other voluntary transfer of the ownership of the unit; or
(3) The entry and enforcement of any judgment of foreclosure on the property containing the unit.
§ 85-15. Rent restrictions for rental units; leases.
A. A written lease shall be required for all restricted rental units and tenants shall be responsible for security
deposits and the full amount of the rent as stated on the lease. A copy of the current lease for each
restricted rental unit shall be provided to the administrative agent.
B. No additional fees or charges shall be added to the approved rent (except, in the case of units in an
assisted living residence, to cover the customary charges for food and services) without the express
written approval of the administrative agent.
C. Application fees (including the charge for any credit check) shall not exceed 5% of the monthly rent of the
applicable restricted unit and shall be payable to the administrative agent to be applied to the costs of
administering the controls applicable to the unit as set forth in this chapter.
D. No rent control ordinance or other pricing restriction shall be applicable to either the market units or the
affordable units in any development in which at least 15% of the total number of dwelling units are
restricted rental units in compliance with this chapter.
§ 85-16. Tenant income eligibility.
A. Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13, as may be amended and
supplemented, and shall be determined as follows:
(1) Very low-income rental units shall be reserved for households with a gross household income less
than or equal to 30% of median income.
(2) Low-income rental units shall be reserved for households with a gross household income less than or
equal to 50% of median income.
(3) Moderate-income rental units shall be reserved for households with a gross household income less
than 80% of median income.
B. The administrative agent shall certify a household as eligible for a restricted rental unit when the
household is a very low-income household, low-income household or a moderate-income household, as
applicable to the unit, and the rent proposed for the unit does not exceed 35% (40% for age-restricted
units) of the household's eligible monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may
be amended and supplemented; provided, however, that this limit may be exceeded if one or more of the
following circumstances exists:
(1) The household currently pays more than 35% (40% for households eligible for age-restricted units) of
its gross household income for rent, and the proposed rent will reduce its housing costs;
(2) The household has consistently paid more than 35% (40% for households eligible for age-restricted
units) of eligible monthly income for rent in the past and has proven its ability to pay;
(3) The household is currently in substandard or overcrowded living conditions;
(4) The household documents the existence of assets with which the household proposes to supplement
the rent payments; or
(5) The household documents reliable anticipated third-party assistance from an outside source such as a
family member in a form acceptable to the administrative agent and the owner of the unit.
C. The applicant shall file documentation sufficient to establish the existence of the circumstances in
Subsections
A and
B above with the administrative agent, who shall counsel the household on budgeting.
§ 85-17. Municipal Housing Liaison.
A. The Borough of Collingswood shall appoint a specific municipal employee to serve as a Municipal Housing
Liaison responsible for administering the affordable housing program, including affordability controls, the
Affirmative Marketing Plan, monitoring and reporting, and, where applicable, supervising any contracted
administrative agent. Collingswood shall adopt an ordinance creating the position of Municipal Housing
Liaison. Collingswood shall adopt a resolution appointing a Municipal Housing Liaison. The Municipal
Housing Liaison shall be appointed by the governing body and may be a full- or part-time municipal
employee. The Municipal Housing Liaison shall be approved by the Court and shall be duly qualified
through a training program sponsored by Affordable Housing Professionals of New Jersey before
assuming the duties of Municipal Housing Liaison.
B. The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable
housing program for Collingswood, including the following responsibilities which may not be contracted out
to the administrative agent:
(1) Serving as Collingswood's primary point of contact for all inquiries from the state, affordable housing
providers, administrative agents and interested households;
(2) Monitoring the status of all restricted units in Collingswood's Fair Share Plan;
(3) Compiling, verifying and submitting annual monitoring reports as may be required by the Court;
(4) Coordinating meetings with affordable housing providers and administrative agents, as needed; and
(5) Attending continuing education opportunities on affordability controls, compliance monitoring and
affirmative marketing at least annually and more often as needed.
C. Subject to the approval of the Court, the Borough of Collingswood shall designate one or more
administrative agent(s) to administer newly constructed affordable units in accordance with UHAC. An
operating manual for each affordable housing program shall be provided by the administrative agent(s) to
be adopted by resolution of the governing body and subject to approval of the Court. The operating
manual(s) shall be available for public inspection in the office of the Borough Clerk, in the office of the
Municipal Housing Liaison, and in the office(s) of the administrative agent(s). The Municipal Housing
Liaison shall supervise the contracting administrative agent(s).
§ 85-18. Administrative agent.
The administrative agent shall be an independent entity serving under contract to and reporting to the
municipality. The fees of the administrative agent shall be paid by the owners of the affordable units for which
the services of the administrative agent are required. The administrative agent shall perform the duties and
responsibilities of an administrative agent as set forth in UHAC, including those set forth in Sections 5:80-
26.14, 16 and 18 thereof, which includes:
A. Affirmative marketing:
(1) Conducting an outreach process to affirmatively market affordable housing units in accordance with
the Affirmative Marketing Plan of the Borough of Collingswood and the provisions of N.J.A.C. 5:80-
26.15; and
(2) Providing counseling or contracting to provide counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease
requirements, and landlord/tenant law.
B. Household certification:
(1) Soliciting, scheduling, conducting and following up on interviews with interested households;
(2) Conducting interviews and obtaining sufficient documentation of gross income and assets upon which
to base a determination of income eligibility for a low- or moderate- income unit;
(3) Providing written notification to each applicant as to the determination of eligibility or noneligibility;
(4) Requiring that all certified applicants for restricted units execute a certificate substantially in the form,
as applicable, of either the ownership or rental certificates set forth in Appendixes J and K of N.J.A.C.
5:80-26.1 et seq.;
(5) Creating and maintaining a referral list of eligible applicant households living in the housing region and
eligible applicant households with members working in the housing region where the units are located;
and
(6) Employing a random selection process as provided in the Affirmative Marketing Plan of the Borough
of Collingswood when referring households for certification to affordable units.
C. Affordability controls:
(1) Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the
time of conveyance of title of each restricted unit;
(2) Creating and maintaining a file on each restricted unit for its control period, including the recorded
deed with restrictions, recorded mortgage and note, as appropriate;
(3) Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are
effectuated and properly filed with the Camden County Register of Deeds or County Clerk's office
after the termination of the affordability controls for each restricted unit;
(4) Communicating with lenders regarding foreclosures; and
(5) Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C.
5:80-26.10.
D. Resales and rerentals:
(1) Instituting and maintaining an effective means of communicating information between owners and the
administrative agent regarding the availability of restricted units for resale or rerental; and
(2) Instituting and maintaining an effective means of communicating information to low- and moderate-
income households regarding the availability of restricted units for resale or rerental.
E. Processing requests from unit owners:
(1) Reviewing and approving requests for determination from owners of restricted units who wish to take
out home equity loans or refinance during the term of their ownership that the amount of indebtedness
to be incurred will not violate the terms of this chapter;
(2) Reviewing and approving requests to increase sales prices from owners of restricted units who wish
to make capital improvements to the units that would affect the selling price, such authorizations to be
limited to those improvements resulting in additional bedrooms or bathrooms and the depreciated cost
of central air conditioning systems;
(3) Notifying the municipality of an owner's intent to sell a restricted unit; and
(4) Making determinations on requests by owners of restricted units for hardship waivers.
F. Enforcement:
(1) Securing annually from the municipality a list of all affordable housing units for which tax bills are
mailed to absentee owners, and notifying all such owners that they must either move back to their unit
or sell it;
(2) Securing from all developers and sponsors of restricted units, at the earliest point of contact in the
processing of the project or development, written acknowledgement of the requirement that no
restricted unit can be offered, or in any other way committed, to any person, other than a household
duly certified to the unit by the administrative agent;
(3) The posting annually in all rental properties, including two-family homes, of a notice as to the
maximum permitted rent together with the telephone number of the administrative agent where
complaints of excess rent or other charges can be made;
(4) Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and
requirements outlined in N.J.A.C. 5:80-26.18(d)4;
(5) Establishing a program for diverting unlawful rent payments to the municipality's Affordable Housing
Trust Fund; and
(6) Creating and publishing a written operating manual for each affordable housing program administered
by the administrative agent, to be approved by the Borough governing body and the Court, setting
forth procedures for administering the affordability controls.
G. Additional responsibilities:
(1) The administrative agent shall have the authority to take all actions necessary and appropriate to
carry out its responsibilities hereunder.
(2) The administrative agent shall prepare monitoring reports for submission to the Municipal Housing
Liaison in time to meet any monitoring requirements and deadlines imposed by the Court.
(3) The administrative agent shall attend continuing education sessions on affordability controls,
compliance monitoring, and affirmative marketing at least annually and more often as needed.
§ 85-19. Affirmative marketing requirements.
A. The Borough of Collingswood shall adopt by resolution an Affirmative Marketing Plan, subject to approval
of the Court, that is compliant with N.J.A.C. 5:80-26.15, as may be amended and supplemented.
B. The Affirmative Marketing Plan is a regional marketing strategy designed to attract buyers and/or renters
of all majority and minority groups, regardless of race, creed, color, national origin, ancestry, marital or
familial status, gender, affectional or sexual orientation, disability, age or number of children to housing
units which are being marketed by a developer, sponsor or owner of affordable housing. The Affirmative
Marketing Plan is intended to target those potentially eligible persons who are least likely to apply for
affordable units in that region. It is a continuing program that directs marketing activities toward Housing
Region 2 and is required to be followed throughout the period of restriction.
C. The Affirmative Marketing Plan shall provide a regional preference for all households that live and/or work
in Housing Region 5, comprised of Burlington, Camden and Gloucester Counties.
D. The municipality has the ultimate responsibility for adopting the Affirmative Marketing Plan and for the
proper administration of the Affirmative Marketing Program, including initial sales and rentals and resales
and rerentals. The administrative agent designated by the Borough of Collingswood shall implement the
Affirmative Marketing Plan to assure the affirmative marketing of all affordable units.
E.
In implementing the Affirmative Marketing Plan, the administrative agent shall provide a list of counseling
services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements, and landlord/tenant law.
F. The Affirmative Marketing Plan shall describe the media to be used in advertising and publicizing the
availability of housing. In implementing the Affirmative Marketing Plan, the administrative agent shall
consider the use of language translations where appropriate.
G. The affirmative marketing process for available affordable units shall begin at least four months (120 days)
prior to the expected date of occupancy.
H. Applications for affordable housing shall be available in several locations, including, at a minimum, the
County Administration Building and/or the County Library for each county within the housing region; the
municipal administration building and the municipal library in the municipality in which the units are
located; and the developer's rental office. Applications shall be mailed to prospective applicants upon
request.
I.
The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the
developer, sponsor or owner.
§ 85-20. Enforcement of affordable housing regulations.
A. Upon the occurrence of a breach of any of the regulations governing the affordable unit by an owner,
developer or tenant, the municipality shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, a requirement for household recertification, acceleration of all sums
due under a mortgage, recuperation of any funds from a sale in violation of the regulations, injunctive relief
to prevent further violation of the regulations, entry on the premises, and specific performance.
B. After providing written notice of a violation to an owner, developer or tenant of a low- or moderate-income
unit and advising the owner, developer or tenant of the penalties for such violations, the municipality may
take the following action(s) against the owner, developer or tenant for any violation that remains uncured
for a period of 60 days after service of the written notice:
(1) The municipality may file a court action pursuant to N.J.S.A. 2A:58-11 alleging a violation or violations
of the regulations governing the affordable housing unit. If the owner, developer or tenant is adjudged
by the Court to have violated any provision of the regulations governing affordable housing units the
owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion
of the Court:
(a) A fine of not more than $500 per day or imprisonment for a period not to exceed 90 days, or both,
provided that each and every day that the violation continues or exists shall be considered a
separate and specific violation of these provisions and not a continuation of the initial offense;
(b) In the case of an owner who has rented a low- or moderate-income unit in violation of the
regulations governing affordable housing units, payment into the Borough of Collingswood
Affordable Housing Trust Fund of the gross amount of rent illegally collected;
(c) In the case of an owner who has rented a low- or moderate-income unit in violation of the
regulations governing affordable housing units, payment of an innocent tenant's reasonable
relocation costs, as determined by the Court.
(2) The municipality may file a court action in the Superior Court seeking a judgment that would result in
the termination of the owner's equity or other interest in the unit, in the nature of a mortgage
foreclosure. Any such judgment shall be enforceable as if the same were a judgment of default of the
first purchase money mortgage and shall constitute a lien against the low- or moderate-income unit.
(a) The judgment shall be enforceable, at the option of the municipality, by means of an execution
sale by the Sheriff, at which time the low- and moderate-income unit of the violating owner shall
be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any
first purchase money mortgage and prior liens and the costs of the enforcement proceedings
incurred by the municipality, including attorney's fees. The violating owner shall have his right to
possession terminated as well as his title conveyed pursuant to the Sheriff's sale.
(b) The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money
mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any,
shall be applied to reimburse the municipality for any and all costs and expenses incurred in
connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In
the event that the proceeds from the Sheriff's sale are insufficient to reimburse the municipality in
full as aforesaid, the violating owner shall be personally responsible for the full extent of such
deficiency, in addition to any and all costs incurred by the municipality in connection with
collecting such deficiency. In the event that a surplus remains after satisfying all of the above,
such surplus, if any, shall be placed in escrow by the municipality for the owner and shall be held
in such escrow for a maximum period of two years or until such earlier time as the owner shall
make a claim with the municipality for such. Failure of the owner to claim such balance within the
two-year period shall automatically result in a forfeiture of such balance to the municipality. Any
interest accrued or earned on such balance while being held in escrow shall belong to and shall
be paid to the municipality, whether such balance shall be paid to the owner or forfeited to the
municipality.
(c) Foreclosure by the municipality due to violation of the regulations governing affordable housing
units shall not extinguish the restrictions of the regulations governing affordable housing units as
the same apply to the low- and moderate-income unit. Title shall be conveyed to the purchaser at
the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the
affordable housing unit. The owner determined to be in violation of the provisions of this plan and
from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to
any right of redemption.
(d) If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first
purchase money mortgage and any prior liens, the municipality may acquire title to the low- and
moderate-income unit by satisfying the first purchase money mortgage and any prior liens and
crediting the violating owner with an amount equal to the difference between the first purchase
money mortgage and any prior liens and costs of the enforcement proceedings, including legal
fees and the maximum resale price for which the low- and moderate-income unit could have been
sold under the terms of the regulations governing affordable housing units. This excess shall be
treated in the same manner as the excess which would have been realized from an actual sale as
previously described.
(e) Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by
the municipality shall obligate the owner to accept an offer to purchase from any qualified
purchaser which may be referred to the owner by the municipality, with such offer to purchase
being equal to the maximum resale price of the low- and moderate-income unit as permitted by
the regulations governing affordable housing units.
(f) The owner shall remain fully obligated, responsible and liable for complying with the terms and
restrictions of governing affordable housing units until such time as title is conveyed from the
owner.
§ 85-21. Appeals.
Appeals from all decisions of an administrative agent appointed pursuant to this chapter shall be filed in writing
with the Court.
Chapter 89. Air Pollution
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood: Art. I, 8-16-1971 by Ord.
No. 662 as Ch. 33, Art. I, of the 1971 Code; Art. II, 8-16-1971 by Ord. No. 662 as Ch. 33, Art. II, of the 1971
Code. Amendments noted where applicable.]
GENERAL REFERENCES
Development regulations — See Ch.
141.
Littering and dumping — See Ch.
197.
Public health nuisances — See Ch.
211.
Article I. Chimneys, Smokestacks and Vents
[Adopted 8-16-1971 by Ord. No. 662 as Ch. 33, Art. I, of the 1971 Code]
§ 89-1. Emissions restricted.
It shall be unlawful to cause or permit the emission of noxious gases, fumes, smoke containing soot, dust or
other objectionable materials from any chimney, smokestack or other vent, in such a quantity or of such a
character as to endanger or be likely to endanger the public health, safety or property of any person within the
limits of the Borough of Collingswood.
§ 89-2. Discharge-control devices.
Any owner, agent, manager, tenant or occupant of any building to which is attached any chimney, smokestack
or other vent connected with any stationary engine, steam boiler, fuel-burning equipment or any other
apparatus or equipment which does or is likely to emit noxious gases, fumes, smoke containing soot, dust or
other objectionable materials shall place upon said chimney, smokestack or other vent some satisfactory
device for eliminating such noxious gases, fumes, smoke containing soot, dust or other objectionable materials
before they are discharged into the open air.
§ 89-3. Exceptions.
Nothing in this Article shall be construed to prohibit the use of any steam roller, steam derrick, tar kettle or other
machine, furnace or contrivance in the construction or repair of any street, highway or building or for the
grading or dredging of any land or body of water or any locomotive operated by any railroad or public utility
company.
§ 89-4. Violations and penalties.
Any person violating any of the provisions of this Article shall be subject to a fine of not more than one
thousand dollars ($1,000.), imprisonment in the county jail not exceeding ninety (90) days or a period of
community service not exceeding ninety (90) days, or any combination thereof, in the discretion of the court.
Each day on which said violation continues or occurs shall be deemed a distinct and separate offense.
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
Article II. Buildings, Yards and Open Lots
[Adopted 8-16-1971 by Ord. No. 662 as Ch. 33, Art. II, of the 1971 Code]
§ 89-5. Noxious and offensive emissions.
It shall be unlawful to cause or permit the emission of noxious and offensive gases, fumes, dust and odors from
any factory, mill, plant, storehouse, warehouse or other building or from any yard or open lot in such a quantity
or of such a character as to endanger or be likely to endanger the public health and safety or in such a quantity
or of such a character as to be offensive or objectionable to the occupants of other properties or to persons
passing in and along the public highways of the Borough of Collingswood.
§ 89-6. Violations and penalties.
Any person violating any of the provisions of this Article shall be subject to a fine of not more than one
thousand dollars ($1,000.), imprisonment in the county jail not exceeding ninety (90) days or a period of
community service not exceeding ninety (90) days, or any combination thereof, in the discretion of the court.
Each day on which said violation continues or occurs shall be deemed a distinct and separate offense.
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
Chapter 93. Alcoholic Beverages
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood: Art. I, 3-15-1976 as Ord.
No. 716 (Ch. 34, Art. I, of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Drugs and drug paraphernalia — See Ch.
149.
Littering and dumping — See Ch.
197.
Parks — See Ch.
217.
Landlord responsibilities for rental property — See Ch.
237, Art.
I.
Article I. Consumption; Open Containers
[Adopted 3-15-1976 as Ord. No. 716 (Ch. 34, Art. I, of the 1971 Code)]
§ 93-1. Consumption in certain places prohibited.
No person shall consume any liquor, wine, beer or any other alcoholic beverage or have access to or have in
his or her possession any open bottle, can, jar or any other vessel containing liquor, wine, beer or any alcoholic
beverage:
A. While in or on a public street, lane, sidewalk, public parking lot or quasi-public parking lot or any other
public or quasi-public place or in any public conveyance.
B. In a private conveyance while such conveyance is in motion, stopped or parked in or on a public street,
lane, public parking lot or quasi-public parking lot.
C. While in or on private property not his or her own, without having the express permission of the owner or
any person authorized to grant such permission.
§ 93-2. Discarding containers.
No person shall discard any bottle, can, jar or other vessel containing or having contained liquor, wine, beer or
any other alcoholic beverage upon any public street, lane, sidewalk, public parking lot, quasi-public place or
upon any private property not his or her own, without the express permission of the owner or any person
having authority to grant such permission.
§ 93-3. Exceptions.
The prohibitions contained in §
93-1 hereof shall not apply to any conveyance or place specifically licensed for
the consumption of alcoholic beverages in accordance with the provisions of N.J.S.A. 33:1-1 et seq.
§ 93-4. Aiding in or permitting violations.
Any person who suffers, aids, abets or permits any person to violate any provision of this Article shall also be
deemed in violation of this Article.
§ 93-5. Violations and penalties.
Any person violating this Article, upon conviction thereof, shall pay a fine not exceeding one thousand dollars
($1,000.), be imprisoned in the county jail for a term not exceeding ninety (90) days or serve a period of
community service for not more than ninety (90) days, or any combination thereof, for each offense, in the
discretion of the court.
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
Chapter 97. Amusement Devices, Coin-Operated
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood 12-20-1982 as Ord. No.
799. Amendments noted where applicable.]
GENERAL REFERENCES
Amusements — See Ch.
101.
Licenses and permits — See Ch.
193.
Loitering — See Ch.
201.
Noise — See Ch.
207.
Poolrooms — See Ch.
223.
§ 97-1. Purpose; object.
A. The purpose of this chapter is to license, regulate and control those automatic amusement devices which
are operated for the purpose of making a profit.
B. The object of this chapter is to regulate the business of amusement devices so as to prevent nuisances to
patrons and the public, fire hazards from overcrowding, poor ingress and egress of premises where
amusement devices are located, the promotion of gambling, loitering or the creation of an unhealthy
atmosphere for the youth and citizens of the borough or other foreseeable undesirable effects of such
devices.
§ 97-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
COIN-OPERATED AMUSEMENT DEVICES
Any automatic mechanical or electronic amusement device, game or device of skill or entertainment which
is operated or set in motion by the deposit therein of any coin or coins, tokens or slugs or the like thereof,
purchased for cash, including but not limited to video-type games or machines, pinball machines or similar
devices that use a display screen for points, lines or dots or light that can be manipulated to simulate
games or other types of entertainment, and any type of coin-operated device in which a person views
films, pictures, animation or any type of visual display whatsoever.
§ 97-3. License required; exemption.
A. No person, firm or corporation shall install, place, maintain, operate or possess in any store, place of
business, building, public place or quasi-public place wherein the public is invited or may enter any coin-
operated amusement device within the limits of the Borough of Collingswood without first applying for and
obtaining a license therefor for each and every coin-operated amusement device to be installed.
B. Notwithstanding anything contained in this section to the contrary, there is hereby exempted from the
aforementioned licensing fee requirements all organizations, associations and corporations not for profit,
organized pursuant to the provisions of Title 15 of the New Jersey Revised Statutes or otherwise, whose
primary activity is religious, educational or fraternal.
§ 97-4. Application requirements; eligibility.
A. All license applicants must be at least eighteen (18) years of age and shall submit a separate application
for each coin-operated amusement device, which shall be filed, together with the appropriate fee therefor,
with the Borough Clerk, which application shall state the following:
(1) The name, age and address of the owner and/or lessor of the coin-operated amusement device and
the name and address of the bailee/lessee of such device.
(2) A sketch indicating the location of the premises, the approximate interior dimensions and the
proposed placement within the premises where said devices are to be installed, used or kept.
(3) The name and address of the owner of such premises.
(4) A specific description of the type of coin-operated amusement device sought to be licensed, together
with the serial number or other means of identification. All replacement machines shall be similarly
reported to the Municipal Clerk within ten (10) days of installation.
B. The truth of the information submitted in any application under this section shall be sworn to, and any
willful misstatement therein shall be considered a violation of this section and shall subject the offender to
the penalties provided herein.
§ 97-5. Investigation of applicant; recommendation.
Upon receipt of the application set forth above, the Chief of Police of the Borough of Collingswood or his
designee shall cause such investigation to be made of the applicant's business and moral character as he
deems necessary for the protection of the public good. His investigation may include photographs and
fingerprints of the applicant. If, as a result of such investigation, the applicant's character or business
responsibility is found to be unsatisfactory and contrary to the public welfare, the Chief of Police shall deny the
application. If, as a result of such investigation, the applicant's character and business responsibility are found
to be satisfactory, the Chief of Police shall recommend his approval to the Commissioners for their subsequent
approval or disapproval.
§ 97-6. Location of devices; use restrictions.
A. Each device shall be located at least ten (10) feet from the entranceway for the premises in which it is
located and placed so that it does not obstruct or interfere with the free and unfettered passage of patrons
or users of the premises.
B. Each device shall have an unobstructed zone of at least three (3) feet on one (1) side of the three (3)
linear borders of said device wherein the users of said device may use, watch or wait to use said device.
C. Each device may only be used or operated during the hours of operation of the premises in which it is
located and when the operator or an employee of the operator is present in the premises.
D. No device subject to this chapter may be operated on a property or premises whose property line is within
five hundred (500) feet of the property line of a school, church or publicly owned building.
[Amended 2-22-1983 by Ord. No. 803]
§ 97-7. Hours and days of operation.
The hours of operation of any place licensed under this chapter shall be as follows:
A. Monday through Saturday, 10:00 a.m. to 10:00 p.m.
B. Such place shall not operate on Sunday.
§ 97-8. License fees.
The fee for a license to operate a coin-operated amusement device shall be as follows:
A. For the first three (3) machines: two hundred fifty dollars ($250.) per device.
B. For four (4) through six (6) machines: one hundred fifty dollars ($150.) per device.
C. For seven (7) through nine (9) machines: fifty dollars ($50.) per device.
D. For ten (10) or more machines: twenty-five dollars ($25.) per device.
§ 97-9. Licenses nontransferable; refunds not granted.
No license issued pursuant to this section is transferable, and no license fee shall be refunded upon the
revocation or surrender of any license.
§ 97-10. Contents of license; display; issuance; expiration.
A. Licenses issued pursuant to this chapter shall specify the location of the premises on which the licensed
coin-operated amusement device is to be used or kept, a brief description of the device, the device's
number or other means of identification and the name and address of the owner and lessee or bailee of
said device.
B. All licenses issued pursuant to this chapter shall be posted and at all times displayed in a conspicuous
place at or near the licensed device.
C. All licenses herein provided for shall be issued by the Borough Clerk only after a resolution of the Board of
Commissioners of the Borough of Collingswood shall have been adopted approving said application and
only after the payment of the license fee herein provided for. All such licenses shall be valid from the date
of issuance until the 31st day of December next after the same is issued. Any license issued on or after
August 1 shall require the payment of one-half (1/2) of the annual fee for the remainder of the calendar
year of its issuance.
§ 97-11. Use of devices for prizes and profits.
It shall be unlawful to install, maintain and use any such coin-operated amusement device for the purpose of
giving, directly or indirectly, any prize, return or profit for the use of such device.
§ 97-12. Floor area requirements.
No more than fifty percent (50%) of the gross floor area of any one (1) location or any room in a location shall
be used or covered by coin-operated amusement devices. Measurement of the area covered by any one (1)
device shall include the floor area actually covered by the machines, together with the square foot area set
forth in the unobstructed zone set forth in §
97-6B.
§ 97-13. Minors.
No person under the age of eighteen (18) years shall be admitted to the area in which any coin-operated
amusement device is located or be permitted to use or operate any such device or to frequent or lounge or
congregate or gather in any such place during school hours, which are defined as between 8 a.m. and 3 p.m.,
Mondays through Fridays, exclusive of legal holidays.
§ 97-14. Conduct.
No persons shall be permitted to frequent or lounge or congregate or gather in any such place in which any
coin-operated device is located so as to cause a nuisance to patrons or so as to cause any type of fire or safety
hazard in the subject location.
§ 97-15. Violations and penalties.
Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon
conviction, be punished by a fine of not more than one thousand dollars ($1,000.), imprisoned in the county jail
for a period not to exceed ninety (90) days or sentenced to a period of community service for not more than
ninety (90) days, or any combination thereof; and each day in which a violation of any provision of this chapter
exists shall constitute a separate violation.
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
Chapter 101. Amusements
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood: Art. I, 8-16-1971 by Ord.
No. 662 as Ch. 35, Art. I, of the 1971 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch.
93.
Coin-operated amusement devices — See Ch.
97.
Licenses and permits — See Ch.
193.
Littering and dumping — See Ch.
197.
Article I. Shows, Exhibitions, Parades and Circuses
[Adopted 8-16-1971 by Ord. No. 662 as Ch. 35, Art. I, of the 1971 Code]
§ 101-1. License required.
It shall be unlawful to operate or conduct any theater, show, circus, parade, carnival, fair, exhibition or any
other amusement in the Borough of Collingswood without first obtaining a license from the Board of
Commissioners.
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
§ 101-2. Prerequisite to issuance of license.
Before any license is issued for the above purposes, satisfactory evidence must be presented to the Board of
Commissioners that good morals will not be corrupted nor public safety endangered.
§ 101-3. License fee; issuance; revocation.
The Board of Commissioners of the Borough of Collingswood is hereby empowered to issue licenses for the
conducting and carrying on of shows, circuses, exhibitions or entertainments aforesaid in the Borough of
Collingswood, County of Camden and State of New Jersey, upon the payment to the Borough of Collingswood
of a license fee of ten dollars ($10.); provided, however, that said license shall be revocable at the option of the
Board of Commissioners when said Board is satisfied that sufficient grounds exist to revoke said license;
provided, however, that before any license is revoked, the Board of Commissioners shall grant a summary
hearing to the person or corporation offending.
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
§ 101-4. Violations and penalties.
Any person, persons or corporation who or which shall conduct any place of amusement in the Borough of
Collingswood without first obtaining a license for the conduct of shows and entertainments in such place shall
be subject to a penalty of not more than one thousand dollars ($1,000.), imprisonment in the county jail for not
more than ninety (90) days or a period of community service for not more than ninety (90) days, or any
combination thereof.
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
Chapter 105. Animals
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood as indicated in article
histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch.
207.
Parks — See Ch.
217.
Rental property — See Ch.
237.
Article I. Licensing and Control of Dogs
[Adopted 8-16-1971 by Ord. No. 662 as Ch. 52 of the 1971 Code]
§ 105-1. Definitions.
The words hereinafter defined shall have the meanings herein indicated for the purposes of this article, as
follows:
BOROUGH
The Borough of Collingswood in the County of Camden.
DOG OF LICENSING AGE
Any dog which has attained the age of seven months or which possesses a set of permanent teeth.
KENNEL
Any establishment wherein or whereon the business of boarding or selling dogs or breeding dogs for sale
is carried on, except a pet shop and veterinarian's office. No kennel shall be permitted in said Borough.
OWNER
When applied to the proprietorship of a dog, includes every person having a right of property in such dog
and every person who has such dog in his keeping.
PERSON
An individual, firm, partnership, corporation or association of persons.
PET SHOP
Any room or group of rooms, cage or exhibition pen not part of a kennel, wherein dogs for sale are kept or
displayed.
STRAY OR ABANDONED ANIMAL
Any domesticated animal, carnivorous or otherwise, to effectuate this article.
VETERINARIAN
Any doctor of veterinary medicine who has, at his office or hospital, space for the temporary keeping of
dogs.
[1]
[1]
Editor's Note: The definition of "vicious dog," which originally followed this definition, was repealed 8-15-1994 by
Ord. No. 1058.
§ 105-2. Dog license required; compliance required.
No person shall keep, harbor or possess any dog within the Borough of Collingswood without first obtaining a
license therefor, to be issued by the Clerk of the Borough, upon application by the owner and payment of the
prescribed fee. No person shall keep, harbor or possess any dog in said Borough except in compliance with
the provisions of this Article.
§ 105-3. Application for license; registration tag.
Any person who shall own, keep or harbor a dog of licensing age shall, in the month of January 1971 and
annually thereafter, apply for and procure from the Clerk of the Borough a license and official metal registration
tag for each such dog so owned, kept or harbored and shall place upon each such dog a collar or harness with
the registration tag securely fastened thereto.
§ 105-4. License fee; expiration; exemption from fees; late fee.
[Amended 1-3-1983 by Ord. No. 801; 12-15-1986 by Ord. No. 882; 8-15-1994 by Ord. No. 1058]
A. The person applying for the license shall pay a fee of $17 for each neutered/spayed dog or $20 for each
unneutered/unspayed dog. Included in this fee is a state registration fee of $1; a state pilot clinic fee of
$0.20; and for dogs that have not been spayed or neutered, a state surcharge fee of $3. All licenses expire
on December 31 of the current year and are renewable the following year.
[Amended 4-2-2007 by Ord. No. 1428; 12-27-2011 by Ord. No. 1504]
B. Dogs used as guides for blind persons and commonly known as "Seeing Eye" dogs, dogs used to assist
handicapped persons and commonly known as "service" dogs and dogs used to assist deaf persons and
commonly known as "hearing ear" dogs shall be licensed and registered as other dogs hereinabove
provided for, except that the owner or keeper of such dog shall not be required to pay any fee therefor.
C. Any person who violates this section by not securing the required dog license and/or renewing an expired
license prior to March 31 of each year shall be subject to a late fee of $10. Said fee shall be charged per
household.
[Added 1-5-1998 by Ord. No. 1141]
§ 105-5. Time limit for making license application.
The owner of any newly acquired dog of licensing age or of any dog which attains licensing age shall make
application for a license and registration tag for such dog within 10 days after such acquisition or age
attainment.
§ 105-6. Application information; issuance of registration numbers.
The application shall state the breed, sex, age, color and markings of the dog for which the license and
registration are sought and whether it is of a long- or short-haired variety; also the name, street and post office
address of the owner and the person who shall keep or harbor such dog. The information on said application
and the registration number issued for the dog shall be preserved for a period of three years by the Clerk of the
Borough. In addition, he shall forward similar information to the State Department of Health each month on
forms furnished by said Department. Registration numbers shall be issued in the order of the applications.
§ 105-7. Dogs brought into Borough.
Any person who shall bring or cause to be brought into the Borough of Collingswood any dog licensed in
another state for the current year and bearing a registration tag and who shall keep the same or permit the
same to be kept within the Borough for a period of more than 90 days shall immediately apply for a license and
registration tag for each such dog unless such dog is licensed under §
105-9 of this article.
§ 105-8. Unlawful removal or attachment of tag.
No person, except an officer in the performance of his duties, shall remove a registration tag from the collar of
any dog without the consent of the owner, nor shall any person attach a registration tag to a dog for which it
was not issued.
§ 105-9. Licensing requirements for pet shops and veterinary
hospitals.
A. Any person who keeps or operates or proposes to establish a pet shop or a veterinary hospital shall apply
to the Clerk of the Borough for a license to entitle him to keep or operate such establishment.
B. The application shall describe the premises where the establishment is located or is proposed to be
located and the purpose for which it is to be maintained and shall be accompanied by the written approval
of the adjoining property owners within 200 feet of a proposed establishment.
C. The Board of Commissioners shall approve the application and authorize the issuance of a license after it
has found and determined that the applicant has provided adequate evidence that the use is not nor shall
constitute a nuisance with respect to noise, drainage, lights, smoke, litter, odors or traffic nor be
detrimental to the public interest, and the license shall be accompanied by written approval showing
compliance with the local and state ordinances, laws and regulations governing the location of and
sanitation at such establishments.
D. All licenses issued for a pet shop or veterinary hospital shall state the purpose for which the establishment
is maintained, and all such licenses shall expire on the last day of June of each year and be subject to
revocation by the Board of Commissioners on the recommendations of the State Department of Health or
the Board of Commissioners after the owner has been afforded a hearing by either the State Department
of Health or the Board of Commissioners.
[Amended 8-15-1994 by Ord. No. 1058]
E. Any person holding such license shall not be required to secure individual licenses for dogs owned by
such licensee and kept at such establishments; such licenses shall not be transferable to another owner or
different premises.
§ 105-10. License fee for pet shop; no license fee for veterinary
hospital.
The annual license fee for a pet shop shall be $10. No fee shall be charged for a veterinary hospital.
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
§ 105-11. Dogs off premises of pet shop or veterinary hospital.
No dog kept in a pet shop or veterinary hospital shall be permitted off such premises, except on a leash or in a
crate or under other safe control.
§ 105-12. Disposition of fees.
A. License fees and other moneys collected or received under the provision of this Article, except registration
tag fees, shall be forwarded to the Treasurer of the Borough after collection or receipt and shall be placed
in a special account separate from any of the other accounts of the Borough and which shall be used for
the following purposes only:
(1) For collecting, keeping and disposing of dogs liable to seizure under this Article.
(2) For local prevention and control of rabies.
(3) For providing antirabic treatment under the direction of the Board of Commissioners for any person
known or suspected to have been exposed to rabies.
(4) For all other purposes prescribed by the statutes of New Jersey governing the subject and for
administering the provisions of this Article.
B. Any unexpended balance remaining in such special account shall be retained therein until the end of the
third fiscal year following and may be used for any of the purposes set forth in this section. At the end of
said third fiscal year following and at the end of each fiscal year thereafter, there shall be transferred from
such special account to the general funds of the Borough any amount then in such account which is in
excess of the total amount paid into said special account during the last two fiscal years next preceding.
C. The registration fee required for each dog shall be forwarded within 30 days after the collection by the
Clerk to the State Department of Health.
§ 105-13. Information regarding pet shops and veterinary hospitals to
be forwarded to state.
The Clerk of the Borough shall forward to the State Department of Health a list of all licensed pet shops and
veterinary hospitals within 30 days after the licenses therefor are issued, which list shall include the name and
address of the licensee and the kind of license issued.
§ 105-14. Annual canvass.
The police of the Borough shall promptly, after February 1, 1971, and annually thereafter, cause a canvass to
be made of all dogs owned, kept or harbored within the limits of the Borough and shall report to the Clerk of the
Borough, the Board of Commissioners and to the State Department of Health the result thereof, setting forth in
separate columns the names and addresses of persons owning, keeping or harboring such dogs; the number
of licensed dogs owned, kept or harbored by each of said persons, together with the registration numbers of
each of said dogs; and the number of unlicensed dogs owned, kept or harbored by each of said persons,
together with a complete description of each of said unlicensed dogs.
§ 105-15. Animal Control Officer.
The Board of Commissioners shall have the power to appoint an Animal Control Officer or to contract for
animal control. Duties shall be to enforce the provisions of this Article and any other laws or regulations,
including impounding all dogs running at large in violation of the provisions of this Article, and to perform such
other acts as are allowed by law.
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
§ 105-16. Impounding of dogs; release; disposition.
A. The Animal Control Officer of the Borough shall take into custody and impound or cause to be taken into
custody and impounded and thereafter offered for adoption or destroyed as provided in this section:
(1) Any dog off the premises of the owner or of the person keeping or harboring said dog which said
official or his agent or agents have reason to believe is a stray dog.
(2)
Any dog off the premises of the owner or of the person keeping or harboring said dog without a
current registration tag on his collar.
(3) Any female dog in season off the premises of the owner or of the person keeping or harboring said
dog.
B. If any dog so seized wears a collar or harness having inscribed thereon or attached thereto the name and
address of any person or a registration tag or if the owner or the person keeping or harboring said dog is
known, the Animal Control Officer shall forthwith serve on the person whose address is given on the collar
or on the owner or the person keeping or harboring said dog, if known, a notice, in writing, stating that the
dog has been seized and will be liable to be offered for adoption or destroyed if not claimed within seven
days after the service of the notice.
C. A notice under this section may be served either by delivering it to the person on whom it is to be served or
by leaving it at the person's usual or last known place of abode or at the address given on the collar or by
forwarding it by post in a prepaid letter addressed to that person at his usual or last known place of abode
or to the address given on the collar.
D. Every dog so seized and impounded shall be kept, fed and kindly treated by the Animal Control Officer for
the above period of seven days and may be redeemed by the owner by the payment of the license fee and
maintenance fee which shall be $2 for the first day and $2 for each additional day that said dog is
impounded. All moneys collected by the Animal Control Officer, excepting the license fee, shall be kept for
his own use but reported to the Borough Treasurer. Licensing fees shall be paid by the Animal Control
Officer to the Borough Treasurer on or before the first day of each month following receipt thereof by the
Animal Control Officer.
E. Every dog impounded as aforesaid and not redeemed as aforesaid within said period of seven days may
be killed by such Animal Control Officer, but only in a humane manner causing as little pain as possible.
F. If any resident of the Borough shall deliver to the Animal Control Officer any dog owned by said resident
and request the Animal Control Officer to kill such dog and at the same time pay such Animal Control
Officer the sum of $5, such Animal Control Officer shall thereupon receive such dog and kill the same in
the manner above prescribed for the killing of impounded and unredeemed dogs. No impounded dog shall
be redeemed or released until after the same shall have been duly licensed and tagged as required by this
Article.
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
§ 105-17. Seizure of dogs while in immediate pursuit.
Any officer or agent authorized or empowered to perform any duty under this Article is hereby authorized to go
upon any premises to seize for impounding any dog or dogs which he may lawfully seize and impound when
such officer is in immediate pursuit of such dog or dogs, except upon the premises of the owner of the dog if
said owner is present and forbids the same.
§ 105-18. Interference with officials.
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under
this Article, and any person who shall in any way hinder or interfere with the Animal Control Officer, police
officers or officials or any other such officers in the performance of their duty under the provisions of this Article
or who shall refuse to give information to any person authorized under this Article shall be deemed to have
violated the provisions of this Article.
[2]
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
[2]
Editor's Note: Original § 52-19, Vicious dogs, which immediately followed this section, was deleted at time of
adoption of Code; see Chapter 1, General Provisions, Art. I.
§ 105-19. Disposition of fines.
All fines under this Article shall be made payable to the Dog Account of the Borough of Collingswood, and all
costs recovered under this Article shall be paid to the Borough Treasurer of the Borough of Collingswood.
§ 105-20. Rabid animals.
Any dog or other warm-blooded animal showing signs and/or symptoms and/or appearing to be mad or rabid
and threatening human beings or other animals shall be killed immediately by any policeman, special officer or
Animal Control Officer in a manner not to mutilate the head portion of said dog or animal, and the head shall be
delivered promptly to the New Jersey State Department of Health laboratories for analysis to determine
whether said dog or animal was infected with communicable rabies.
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
§ 105-21. Dogs running at large.
Any person owning, keeping or harboring any dog, whether the dog is licensed or unlicensed, who shall suffer
or permit said dog to run at large in or about the streets, highways or public places of the Borough or to run at
large upon the lands and premises of any person other than the owner or persons in possession of said dog
without permission of said landowner first obtained, in writing, shall be guilty of a violation of this Article.
§ 105-22. Leashing of dogs.
No person owning, keeping or harboring any dog shall suffer or permit the same to be upon the public streets
or in any public places of the Borough unless such dog is accompanied by a person over the age of 12 years
and of such mental and physical capacity that he or she is able to control said dog by leash, provided, always
in any case, that there shall be control of such dog by an adequate leash with not more than six feet thereof
extended between the person in control of such dog and the dog itself.
§ 105-23. Causing injury to persons or property; waste products.
[Amended 4-19-1982 by Ord. No. 790]
A. Injury to persons. No person owning, keeping or harboring a dog shall permit or suffer it to do any injury to
persons.
B. Injury to property. It shall be unlawful for any person owning or possessing a dog to permit such dog to go
upon any sidewalk, parkway or private lands or premises without the permission of the owner of such
premises and break, bruise, tear up, crush or injure any lawn, flower bed, plant, shrub, tree or garden in
any manner whatsoever or to defecate thereon.
C. Waste products accumulations. It shall be unlawful for any person to cause or permit a dog or cat to be on
property, public or private, not owned or possessed by such person unless such person has in his
immediate possession an appropriate device for scooping excrement and an appropriate depository for the
transmission of excrement to a receptacle located upon the property owned or possessed by such person.
This subsection shall not apply to a person who is visually or physically handicapped.
§ 105-24. Excessive barking and howling.
[Amended 6-16-1975 by Ord. No. 701]
No person who owns, keeps, harbors or possesses any dog or dogs shall suffer, permit or allow such dog or
dogs to bark and/or howl for such period or periods of time that it or they reasonably become an annoyance or
nuisance to persons living or being within the vicinity or neighbors thereof.
§ 105-25. Quarantine of certain dangerous animals.
Any dog, cat or other animal which has attacked or bitten a person shall be confined, at the expense of the
owner or person in charge of it, upon the premises of the owner or person in charge or at some other place
designated in the notice issued by the quarantining officer who shall be appointed Animal Control Officer or the
enforcing official of the Board of Commissioners. The quarantine period shall be for at least 10 days after the
animal has attacked or bitten a person. The rules and regulations of the Board of Health governing quarantine
procedures shall be followed.
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
§ 105-26. Enforcement.
For the better enforcement of this Article, the Chief of Police of the Borough and every member of the
Department shall share with the Animal Control Officer all the responsibilities of enforcement, and it shall be
the duty of said Police Chief and all officers under his command to see that the provisions of this Article are
strictly enforced. The Animal Control Officer may, at any time, call upon the Chief of Police or any officer under
his command for aid and assistance wherever such aid is more conducive toward the effectuating of this
Article; and it shall be the duty of the Police Department and all members thereof to respond promptly to the
call of any citizen who reports any violation hereof.
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
§ 105-27. Complaints; issuance of process.
The Judge of the Municipal Court of the Borough or any person duly designated to sit in his stead is
empowered by this Article, upon the filing of a complaint, in writing, by any person authorized by the Board of
Commissioners, when the plaintiff is the Chief of Police or any member of the Police Department, the Director
of Public Safety of the Borough or the duly designated Animal Control Officer or when the plaintiff is the
municipality, alleging that a violation of this Article has occurred, which complaint may be made upon
information and belief, to issue process at the suit of the Borough, as the case may be, as plaintiff. The process
shall be either in the nature of a summons or warrant, which warrant may issue without any order of the court
first being obtained against the person so charged, which process, when in the nature of a warrant, shall be
returnable forthwith and, when in the nature of a summons, shall be returnable in not less than five days. The
process shall state what provision of this Article or of any statute pertaining to the subject matter hereof has
been violated by the defendant or defendants. The court having jurisdiction may, at all times, amend all defects
and errors in the complaint and process issued hereunder.
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
§ 105-28. Violations and penalties.
Except as provided by N.J.S.A. 4:19-1 et seq., any person found guilty of violating or of an offense against any
of the provisions of this Article or of the rules and regulations of the State Department of Health relating to dogs
and other domestic animals or any law or statute relating to the subject matter hereof shall, upon conviction
thereof before any judicial officer authorized to hear and determine the matter, forfeit and pay such fine not
exceeding the sum of $1,000 as shall be imposed by such judicial officer in his discretion and/or, if the person
so convicted is a natural person, be imprisoned for such term not exceeding 90 days or serve a period of
community service for not more than 90 days as such judicial officer in his discretion shall determine; provided,
however, that the judicial officer may impose the fine, imprisonment and/or community service requirement
within the limits established hereunder as in his discretion may seem just and right.
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
Article II. Cats
[Adopted 4-6-1992 as Ord. No. 1011]
§ 105-29. Definitions.
As used in this Article, the following terms shall have the meanings indicated:
ANIMAL
A dog or cat.
ANIMAL CONTROL AUTHORITY
Any person or agency designated or certified by the State of New Jersey to enforce the provisions of this
Article, including the Borough of Collingswood Animal Control Officer, or any person or entity under
contract with the Borough for the control of animals.
[1]
CAT
Any member of the domestic feline species, male, female or altered.
CAT OF LICENSING AGE
Any cat which has attained the age of seven months or which possesses a set of permanent teeth.
CATTERY
Any room or group of rooms, cage or exhibition pen not part of a kennel, wherein cats for sale are kept or
displayed.
HARBORING
Maintaining custody or control over a cat or permitting a cat to remain on the premises or providing shelter
or food, which shall include the leaving of food in an area to which stray cats have access.
LICENSING AUTHORITY
The agency or department of the Borough of Collingswood or any designated representative thereof
charged with administering the issuance and/or revocation of permits and licenses under the provisions of
this Article.
NEUTERED
Rendered permanently incapable of reproduction as certified by a licensed veterinarian.
OWNER
When applied to the proprietorship of a cat, includes every person having a right of property (or custody) in
such cat and every person who has such cat in his/her keeping or who harbors or maintains a cat or
knowingly permits a cat to remain on or about any premises occupied by that person.
PERSON
Any individual, corporation, partnership, organization or institution commonly recognized by law as a unit.
PUBLIC NUISANCE
A cat that damages either public or private property or harms the lawful users or occupants thereof.
STRAY CAT
A cat having no known owner or custodian or known place of care and shelter.
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
§ 105-30. Vaccination requirements; exemptions.
A. Vaccination and license requirements. No person shall own, keep, harbor or maintain any cat over seven
months of age within the Borough of Collingswood unless such cat is vaccinated and licensed. The
provisions of this section do not apply to cats held in a cattery or to those held by a state or federally
licensed research facility or veterinary establishment where cats are received or kept for diagnostic,
medical, surgical or other treatments or licensed animal shelters, pounds, kennels or pet shops.
B.
Vaccination. All cats shall be vaccinated against rabies by a licensed veterinarian in accordance with the
latest Compendium of Animal Rabies Vaccines and Recommendations for Immunization published by the
National Association of State Public Health Veterinarians, except as provided for in Subsection
D.
C. Vaccination certificate. A certificate of vaccination shall be issued on a form recommended by the state to
the owner of each vaccinated animal.
D. Exemptions. Any cat may be exempted from the requirements of such vaccination for a specified period of
time by the local board of health upon presentation of a veterinarian's certificate stating that because of an
infirmity or other physical condition or regimen of therapy, the inoculation of such cat shall be deemed
inadvisable.
§ 105-31. License required; display of license number.
Any person who shall own, keep or harbor a cat of licensing age shall annually apply for and procure from the
Clerk of the Borough or other official designated by the governing body thereof to license cats in the Borough in
which he/she resides a license and official registration tag with license number or a registration sleeve for each
cat so owned, kept or harbored and shall place upon such cat a collar or other device with the license number
securely fastened or displayed thereto. Acceptable methods of displaying license numbers shall include but are
not limited to break-away or elastic collars. License tags or sleeves are not transferable.
§ 105-32. Time limit for making license application.
The owner of any newly acquired cat of licensing age or of any cat which attains licensing age shall make
application for a license tag or sleeve for such cat within 10 days after such acquisition or age attainment. This
requirement will not apply to a nonresident keeping a cat within the Borough of Collingswood for no longer than
90 days.
§ 105-33. Cats brought into Borough.
A. Any person who shall bring or cause to be brought into this Borough any cat licensed in another state for
the current year and bearing a registration tag or sleeve and who shall keep the same or permit the same
to be kept within the Borough for a period of more than 90 days shall immediately apply for a license and
registration tag or sleeve for such cat.
B. Any person who shall bring or cause to be brought into this Borough any unlicensed cat and who shall
keep the same or permit the same to be kept within the Borough for a period of more than 10 days shall
immediately apply for a license and registration tag or sleeve for each such cat.
§ 105-34. Application information.
The application shall state the breed, sex, age, color and markings of the cat for which the license and
registration are sought and whether it is of a long- or short-haired variety; also the name, street and post office
address of the owner and the person who shall keep or harbor such cat. The information on said application
and the registration number issued for the cat shall be preserved for a period of three years by the Clerk or
other local official designated to license cats in this municipality.
§ 105-35. Contents of license forms and official tags or sleeves.
License forms and official tags or sleeves shall be furnished by the municipality and shall be numbered serially
and shall bear the year of issuance and the name of the municipality.
§ 105-36. Evidence of rabies inoculation required prior to licensing.
No municipal Clerk or other official designated by the governing body of any municipality to license cats therein
shall grant any such license and official registration tag or sleeve for any cat unless the owner thereof provides
evidence that the cat to be licensed and registered has been inoculated with a rabies vaccine of a type
approved by and administered in accordance with the recommendation of the United States Department of
Agriculture and the United States Department of Human Services or has been certified exempt as provided by
§
105-30 of this Article. The rabies inoculation shall be administered by a duly licensed veterinarian or by such
other veterinarian permitted by law to do the same.
§ 105-37. License fees; delinquent fee.
A license shall be issued after payment of a fee of $8 for each unneutered cat and $5 for each neutered cat.
Persons who fail to obtain a license as required within the time period specified in this Article will be subject to
a delinquent fee of $2.
§ 105-38. Cats licensed in another municipality; renewal of license;
expiration.
A. A license from another municipality shall be accepted. The person applying for the license and registration
tag and/or sleeve shall pay the fee fixed or authorized. The fee for the renewal of a license and registration
tag or sleeve shall be the same as for the original, and said license, registration tag or sleeve and renewal
thereof shall expire on December 31 in the following year.
B. Only one license and registration tag or sleeve shall be required in the licensing year for any cat in this
Borough. Any valid New Jersey license tag or sleeve issued by a New Jersey municipality shall be
accepted by this Borough as evidence of compliance.
§ 105-39. Loss of license; replacement fee.
If a license tag or sleeve has been misplaced or lost, the Borough Clerk may issue a duplicate license and/or
registration sleeve for that particular cat at a fee of $1.
§ 105-40. Proof of licensing.
Proof of licensing shall be produced by any person owning, keeping, maintaining or harboring a cat, upon the
request of any health official, police officer, animal control officer or other authorized person.
§ 105-41. Interference with officials.
No person shall hinder, molest or interfere with anyone authorized or empowered to perform any duty under
this Article.
§ 105-42. Disposition of fees.
A. License fees and other moneys collected or received under the provisions of this Article shall be forwarded
to the Treasurer of the Borough, other accounts of the Borough and shall be used for the following
purposes only:
(1) Collecting, keeping and disposing of cats liable to seizure.
(2) Local prevention and control of rabies.
(3) Providing antirabies treatment under the direction of the local Board of Health for any person known or
suspected to have been exposed to rabies.
(4) Administering the provisions of this Article.
B. Any unexpected balance remaining in such special account shall be retained until the end of the third fiscal
year following and may be used for any of the purposes set forth in this section. At the end of said third
fiscal year following and at the end of each fiscal year thereafter, there shall be transferred from such
special account to the general funds of the Borough any amount then in such account which is in excess of
the total amount paid into the special account during the last two fiscal years next preceding.
§ 105-43. Control over cats; nuisances prohibited.
A. Any person who owns, keeps or harbors any cat located within the Borough of Collingswood or permits a
cat to enter the Borough of Collingswood shall exercise sufficient and proper care and control over such
animal at all times so as to prevent the animal from becoming a public nuisance or otherwise violating this
Article.
B. No person owning, keeping or harboring any cat shall permit it to soil, defile or commit any nuisance on
any place where people congregate or walk upon any public property whatsoever. This provision shall not
apply to privately owned property of the owner or keeper of the cat and the property owned or controlled
by persons who have invited or permitted the owner or keeper of a cat to bring such cat upon the
premises.
C. No person owning or keeping a cat shall permit such cat to become a public nuisance as defined herein.
D. No person shall abandon any cat of any age or permit a cat to become a stray.
§ 105-44. Harboring stray or unlicensed cats.
[Amended 9-6-2016 by Ord. No. 1606]
No person shall harbor any nonowned, unlicensed or stray cat or make food available to the same following
receipt of a notice from the Secretary of the Board of Health, police, Nuisance Officer, Animal Control Officer or
the Superintendent of Public Works.
§ 105-45. Violations and penalties.
Except as otherwise provided in this Article, any person who violates or who fails or refuses to comply with this
Article shall be liable to a penalty of not less than $25 nor more than $500 for each offense, to be recovered by
and in the name of the local Board of Health or by and in the name of the Borough.
Article III. Chaining or Tethering of Animals
[Adopted 9-2-2003 by Ord. No. 1323]
§ 105-46. Restraint of animals on caretakers', guardians' or handlers'
property, be it owned, leased, rented or otherwise.
[Amended 8-6-2012 by Ord. No. 1524; 12-1-2014 by Ord. No. 1561]
Caretakers, guardians or handlers of animals will exercise diligence and reasonable care to prevent animals
from leaving their premises. An "animal" shall include a dog or a cat. Nothing in this section shall be interpreted
to allow the presence of livestock or fowl (as defined in §
105-59) on a premises. Proper restraint of an animal
exists when the animal is:
A.
Enclosed and properly provided for (N.J.S.A. 4:22-17) within a house, building, properly maintained fence,
pen or other enclosure.
(1) For purposes of this article, a pen shall be considered a fenced-in area that restricts movement of any
animal within a property. A pen shall be used to house only one animal at any given time. Pens for
each animal weighing 25 pounds or more must measure at least 150 square feet in size, be six feet in
height and be soundly constructed of chain-link metal. Pens for each animal weighing less than 25
pounds must measure at least 100 square feet in size, be six feet in height and be soundly
constructed of chain-link metal. When the weight of an animal is an element of a defense to a penalty
issued pursuant to §
105-49 herein, documented proof of an animal's weight may relieve a caretaker,
guardian, or handler from liability under this section. The documented proof of an animal's weight
must be provided by an office, shelter, or any other entity that is overseen by a veterinarian licensed
by the State Board of Veterinary Medical Examiners.
(2) All pens must be located in the rear yard of the property and shall not be located less than 10 feet
from the side yard and the rear yard of the property. The "rear yard" of the property shall be
interpreted in a manner consistent with §
141-4 of the Borough Code to mean the open space
extending across the full width of the lot between the rear lot line and a line parallel to the rear lot line
through the nearest point of the principal building to the rear lot line. The "side yard" of the property
shall be interpreted in a manner consistent with §
141-4 of the Borough Code to mean an open space
extending from the front yard to the rear yard and lying between each side lot line and the building,
measured perpendicular from the side lot line to the nearest point of the principal building.
(3) The pen shall be properly maintained, kept free of the animals' waste materials and other trash, and
be sanitized on a daily basis. Clean, potable water shall be available at all times and must not be
allowed to freeze over. Foods shall be made available at least once every 24 hours, or in the case of
juvenile animals, at least twice every 24 hours. Food and water dishes shall be sanitized on a daily
basis. A soundly constructed, adequately sized and properly positioned and maintained dwelling (i.e.,
doghouse) must be made available for the animal within the pen or enclosure.
B. On a leash held by a competent person over the age of 16.
§ 105-47. Restraint while off the caretakers', guardians' or handlers'
property, be it owned, leased, rented or otherwise.
Caretakers, guardians or handlers of animals will exercise diligence and reasonable care to keep animals
under restraint while off the caretakers, guardians' or handlers' premises. Restraint exists when the animal is:
A. Temporarily inside a vehicle, parked or in motion, with a licensed driver in attendance.
B. Temporarily inside a vehicle, parked or in motion, with a licensed driver in attendance in a securely
fastened cage or animal carrier with adequate ventilation and large enough to allow room for the animal to
stand and turn around without touching the sides or top of the cage or carrier.
C. Confined and properly proved for (N.J.S.A. 4:22-17) within a house or building or secure enclosure with
permission of the occupant of the property where the animal is temporarily located.
D. On a leash held by a competent person over the age of 16.
§ 105-48. Unlawful to chain or tether animals.
Animals shall not be chained, tied, fastened or otherwise tethered to doghouses, trees, stakes, poles, fences,
walls or any other stationary objects outdoors or indoors as a means of confinement for more than two
consecutive hours in any twenty-four-hour period.
§ 105-49. Violations and penalties.
Any person who violates this article shall be subject to the following punishment:
A. First offense: fine of $25.
B. Second offense: fine of $50.
C. Third offense: fine of $150 and seizure and impoundment of animals by an animal control officer, police
officer, sheriff or humane society official who shall leave at the place of seizure and impoundment a
conspicuous notice indicating the animal(s) has been seized and impounded and the address and phone
number where the animal is impounded. Further, notice shall be given that the impounding agency shall be
compensated for costs incurred. The animals may be released from the impounding agency when
evidence exists that proper restraint provisions have been put into place and/or are in place within seven
days. The impoundment agency shall take permanent possession of the animals if the caretakers,
guardians or handlers fail to provide proper restraint with the seven-day period and/or pending a court
hearing.
Article IV. Disposal of Pet Waste
[Adopted 9-7-2004 by Ord. No. 1345]
§ 105-50. Definitions and word usage.
A. For the purpose of this article, the following terms, phrases, words and their derivations shall have the
meanings stated herein unless their use in the text of this chapter clearly demonstrates a different
meaning.
IMMEDIATE
The pet solid waste is removed at once, without delay.
OWNER/KEEPER
Any person who shall possess, maintain, house or harbor any pet or otherwise have custody of any
pet, whether or not the owner of such pet.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this
state subject to municipal jurisdiction.
PET
A domesticated animal (other than a disability assistance animal) kept for amusement or
companionship.
PET SOLID WASTE
Waste matter expelled from the bowels of the pet; excrement.
PROPER DISPOSAL
Placement in a designated waste receptacle, or other suitable container, and discarded in a refuse
container which is regularly emptied by the municipality or some other refuse collector; or disposal into
a system designed to convey domestic sewage for proper treatment and disposal.
B. When not inconsistent with the context, words used in the present tense include the future, words used in
the plural number include the singular number, and words used in the singular number include the plural
number. The word "shall" is always mandatory and not merely directory.
§ 105-51. Requirement for disposal.
All pet owners and keepers are required to immediately and properly dispose of their pet's solid waste
deposited on any property, public or private, not owned or possessed by that person.
§ 105-52. Exemptions.
All pet owners and keepers who require the use of a disability assistance animal shall be exempt from the
provisions of this section while such animal is being used for that purpose.
§ 105-53. Enforcement.
The provisions of this article shall be enforced by the Police Department, the Nuisance Officer and the Local
Board of Health of the Borough of Collingswood.
§ 105-54. Violations and penalties.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine not to
exceed $500.
Article V. Feeding of Wildlife
[Adopted 9-7-2004 by Ord. No. 1348; amended 12-28-2015 by Ord. No. 1585]
§ 105-55. Definitions and word usage.
A. For the purpose of this article, the following terms, phrases, words and their derivations shall have the
meanings stated herein unless their use in the text of this chapter clearly demonstrates a different
meaning.
FEED
To give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding,
attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this
state subject to municipal jurisdiction.
WILDLIFE
All animals that are neither human nor domesticated.
B. When not inconsistent with the context, words used in the present tense include the future, words used in
the plural number include the singular number, and words used in the singular number include the plural
number. The word "shall" is always mandatory and not merely directory.
§ 105-56. Prohibited conduct.
A. No person shall feed, in any public park or on any other property owned or operated by the Borough of
Collingswood, or any private property in the Borough of Collingswood, any wildlife, excluding confined
wildlife (for example, wildlife confined in zoos, parks or rehabilitation centers, or unconfined wildlife at
environmental education centers).
B. Feeding of birds shall be permitted outdoors under the following conditions:
(1) No bird seed or any form of bird food shall be thrown or scattered on the ground of any property, or
placed on any fence.
(2) Bird seed and other forms of bird food must be dispensed from bird feeding receptacles that are
suspended or elevated no less than five feet from the ground.
(3) No more than two bird feeding receptacles on any property shall contain bird feed or any form of bird
food, at any given time.
(4) Bird feeding receptacles shall be placed in the rear yard of the property and not less than ten feet from
the property line or any fence. For purposes of this section, the areas comprising a rear yard shall be
in accordance with §
141-4 of the Borough Code.
(5) Bird feeding receptacles shall be filled with no more than three pounds of bird feed or bird food at any
time.
(6) Bird feeding shall not create an unreasonable disturbance that affects the rights of surrounding
property owners or renders other persons insecure in the use of their property.
(7) It does not become an attraction for rodents or other wildlife and does not create an accumulation of
droppings on the property or surrounding properties.
§ 105-57. Enforcement.
A. This article shall be enforced by the Police Department and the Local Board of Health of the Borough of
Collingswood.
B. Any person found to be in violation of §
105-56 A of this article shall be ordered to cease the feeding
immediately.
C. Any person found to be in violation of §
105-56 B of this article shall be provided with 24 hours to correct
the violation. Any person who is provided with such notice and fails to correct a violation within 24 hours
shall be subject to the penalties under §
105-58.
§ 105-58. Violations and penalties.
Any person(s) who is found to be in violation of the provisions of this article may be subject to a fine not to
exceed $500.
Article VI. Livestock and Fowl
[Adopted 11-3-2008 by Ord. No. 1454]
§ 105-59. Definitions and word usage.
For the purpose of this article, the following terms, phrases, words and their derivations shall have the
meanings stated herein unless their use in the text of this article clearly demonstrates a different meaning.
FOWL
Any chicken, turkey, goose, duck, emu, ostrich, or any other fowl customarily found on a farm, and
pigeons.
LIVESTOCK
Any bull, cow, calf, heifer, sheep, llama, goat, horse, pony, swine or any other animal customarily found on
a farm.
§ 105-60. Keeping of livestock and fowl prohibited; exception.
It shall be unlawful for any person, firm or corporation to keep, stable, breed or quarter livestock or fowl, as
defined in § 150-59 of this article, within the corporate limits of the Borough of Collingswood. This term shall not
include the keeping of cats, dogs or other domestic animals within the limits of the Borough.
§ 105-61. Enforcement.
The provisions of this article shall be enforced by the Police Department and the Code Enforcement Officer of
the Borough of Collingswood.
§ 105-62. Violations and penalties.
Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine not to
exceed $500.
Article VII. Pet Shop Sales
[Adopted 4-4-2016 by Ord. No. 1594]
§ 105-63. Definitions.
As used in this article, the following terms shall have the meanings indicated:
ANIMAL CARE FACILITY
An animal control center or animal shelter, maintained by or under contract with any state, county, or
Borough of Collingswood, whose mission and practice is, in whole, or significant part, the rescue and
placement of animals in permanent homes or rescue organizations.
ANIMAL RESCUE ORGANIZATION
Any not-for-profit organization which has tax-exempt status under § 501(c)(3) of the United States Internal
Revenue Code, whose mission and practice is, in whole or in significant part, the rescue and placement of
animals in permanent homes.
CAT
A member of the species of domestic cat, Felis catus.
DOG
A member of the species of domestic dog, Canis familiaris.
OFFER FOR SALE
To sell, offer for sale or adoption, advertise for the sale of, barter, auction, give away or otherwise dispose
of a dog or cat.
PET SHOP
A retail establishment where dogs and cats are sold, exchanged, bartered or offered for sale as pet
animals to the general public at retail. Such definition shall not include an animal care facility or animal
rescue organization, as defined.
§ 105-64. Restrictions on sale of animals.
A. A pet shop may offer for sale only those dogs and cats that the pet shop has obtained from or displays in
cooperation with:
(1) An animal care facility; or
(2) An animal rescue organization.
B. A pet shop shall not offer for sale a dog or cat that is younger than eight weeks old.
Chapter 113. Brush, Grass and Weeds
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood 8-16-1971 by Ord. No.
662 as Ch. 42, Art. I, of the 1971 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Development regulations — See Ch.
141.
Littering and dumping — See Ch.
197.
Public health nuisances — See Ch.
211.
Property maintenance — See Ch.
227.
Solid waste — See Ch.
261.
Streets and sidewalks — See Ch.
265.
§ 113-1. Accumulation prohibited.
It shall be unlawful for an owner or tenant of lands lying within the limits of the Borough of Collingswood to
allow to accumulate on said lands any brush, weeds, dead and dying trees, stumps, roots, obnoxious growth,
filth, garbage, trash and debris.
§ 113-2. Determination of nuisance or hazard.
Whenever brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and
debris have been allowed to accumulate on lands lying within the limits of the Borough of Collingswood and the
borough shall deem it necessary and expedient for the preservation of the public health, safety or general
welfare or to eliminate a fire hazard to remove the same, said borough shall give the owner or tenant of any
such lands ten (10) days' written notice to remove the same.
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
§ 113-3. Service of notice.
A. In the event that such lands shall be occupied by either the owner or the tenant, written notice shall be
given to such owner or tenant personally or by leaving such notice on the premises with a member of the
owner's or tenant's family above the age of fourteen (14) years.
B. In the event that such lands shall not be occupied, written notice shall be sent to the assessed owner of
said land at his last known residence as shown in the office of the Collector of Taxes of the Borough of
Collingswood, by registered mail with postage thereon prepaid.
§ 113-4. Failure to comply; removal by borough; certification of costs.
A. In the event that any owner or tenant shall refuse or neglect to remove the debris within the time limited by
such notice, then the borough may remove or cause to be removed all such accumulations as
hereinbefore set forth.
B. In the event that such owner or tenant shall refuse or neglect to remove any such accumulations as
hereinbefore set forth and it shall be necessary for the borough to remove or cause such removal, the
officer shall certify the cost thereof to the Board of Commissioners.
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
§ 113-5. Examination of costs; assessment.
Upon such certification to the Board of Commissioners of the cost of removal as hereinbefore set forth, the
Board of Commissioners shall examine such certification; and if found correct, the cost as shown thereon shall,
by resolution of the Board of Commissioners, be charged against said lands.
§ 113-6. Lien.
Upon passage of said resolution by the Board of Commissioners as set forth in §
113-5 above, the assessment
so charged shall forthwith become a lien on such lands and shall be added to and become a part of the taxes
next to be assessed and levied upon said lands, the same to bear interest at the same rate as taxes, and shall
be collected and enforced by the same officers and in the same manner as taxes.
§ 113-7. Violations and penalties.
Any person violating any provision of this chapter shall, upon conviction thereof, be punished by a fine not to
exceed one thousand dollars ($1,000.), by imprisonment in the county jail for a period not to exceed ninety (90)
days or by a period of community service not to exceed ninety (90) days, or any combination thereof.
[1]
Editor's Note: Amended at time of adoption of Code; see Chapter 1, General Provisions, Art. I.
Chapter 115. Buildings, Fire Damaged
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood 10-6-1997 by Ord. No.
1136. Amendments noted where applicable.]
Article I. Securing of Buildings and Structures
[Adopted 10-6-1997 by Ord. No. 1136]
§ 115-1. Duties of Fire Chief; expense; collection; registration
certificate.
A. The Fire Chief or duly authorized representative is empowered to order the securing of fire damaged
buildings or structures. If the owners of the affected buildings or structures are present, this order shall be
given to them. If no owners or representatives of the building or structure are present, or the owners refuse
to secure the building or structure, the Fire Chief or his duly authorized representative may cause the
building or structure to be secured, which shall be done without delay. The expense of securing the
buildings or structures shall be a lien in favor of the borough, charged against the real property of the
responsible owner and shall be collected as any other lien or debt to the Borough of Collingswood.
B. Registration certificates. Any business or individual that offers services to a residential or commercial
property owner, for the purpose of securing a fire-damaged building or structure, shall be deemed a
canvasser or solicitor as recognized under Chapter
123, §
123-2, of the Borough Code and shall further be
required to comply with the registration certificate requirements set forth under Chapter
123, §
123-4, of
the Code. The application required under this section shall be developed by the Borough Police
Department. Registration certificates shall be valid for one year.
[Added 7-7-2014 by Ord. No. 1549]
C. Proof of insurance and fees. In addition to the registration certificate requirements set forth under Chapter
123, §
123-4, of the Code, businesses or individuals governed by this section shall also provide the Chief
of Police, at the time of registration, with proof of commercial general liability insurance providing for a
minimum of $1,000,000 of insurance coverage. The applicant shall also be responsible for payment of an
annual administrative fee of $25.
[Added 7-7-2014 by Ord. No. 1549]
D.
Issuance of registration certificate. Each business or individual, upon being so registered, shall be issued a
registration certificate by the Chief of Police, upon which shall be affixed one photograph of the applicant,
the signature of the Chief of Police or the Chief's authorized representative.
[Added 7-7-2014 by Ord. No. 1549]
E. Possession of certificate required. Each representative of a business or individual governed by this section
shall carry the original registration certificate at all times when providing services within the Borough and
shall exhibit same to any fire or police officer upon request.
F. Rules and regulations. Every business or individual to whom a registration certificate is issued under the
terms of this section shall be governed by the following rules and regulations:
(1) No person subject to the terms of this section shall enter or attempt to enter the building or structure of
any resident or commercial property owner, or approach any such property owners, without the
registration certificate in his possession.
(2) No person subject to the terms of this article shall conduct himself in such a manner as to harass or
annoy any person while soliciting within the Borough limits.
(3) No person subject to the terms of this section shall interfere with, hinder, or obstruct any member of
the Borough Fire Department, Borough Police Department, or any other emergency service personnel
from performing their duties in accordance with the general protection, health, and welfare of the
residents of the Borough.
G. Violations and penalties.
(1) Any person violating the terms of this section, whether as an individual, principal or agent or employee
of another shall, upon conviction in the Municipal Court of the Borough of Collingswood, be subject to
a fine not to exceed $1,000, imprisonment in the county jail not to exceed 90 days or a period of
community service not to exceed 90 days, or any combination thereof, in the discretion of the
Municipal Court.
(2) Any violation of this section shall further result in the revocation of a registration certificate for the
period of one year, whereupon the issuance of a new registration certificate shall be governed by the
procedures and requirements set forth within this section.
Chapter 117. Buildings, Numbering of
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood: Art. I, 8-16-1971 by Ord.
No. 662 as Ch. 45 of the 1971 Code; Art. II, 3-7-1988 as Ord. No. 911. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch.
135.
Development regulations — See Ch.
141.
Licenses and permits — See Ch.
193.
Article I. Assignment and Display
[Adopted 8-16-1971 by Ord. No. 662 as Ch. 45 of the 1971 Code]
§ 117-1. Preparation of map.
The Borough Engineer is hereby authorized to prepare a map or maps showing and designating the number of
each and every building and lot fronting upon any street, avenue, highway, lane, alley and public place in the
Borough of Collingswood, County of Camden.
§ 117-2. Location of map.
Said map or maps shall be permanently located in the office of the Tax Assessor of the Borough of
Collingswood under the supervision of said Tax Assessor.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
§ 117-3. Time limit for compliance.
The owner or owners of any building or buildings in the Borough of Collingswood having numbers which do not
correspond to the numbers allotted to them on the aforesaid map shall, within thirty (30) days after receiving
notice thereof, display upon each building the number assigned to it.
§ 117-4. Issuance of number with building permit applications.
Applicants for building permits shall apply to the Construction Code Official or the Tax Assessor for a number
or numbers to be displayed on the building or buildings for which said permit is issued.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
§ 117-5. Violations and penalties.
Any person, persons, partnership or corporation violating any of the provisions of this Article shall, upon being
adjudged guilty, be fined not exceeding one thousand dollars ($1,000.), imprisoned for not more than ninety
(90) days or sentenced to a period of community service for not more than ninety (90) days, or any combination
thereof.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Article II. Single-Family and Multifamily Units
[Adopted 3-7-1988 as Ord. No. 911]
§ 117-6. Installation of numbers required; effect on existing units.
Every owner of a dwelling unit, whether a single-family unit or a multifamily residential unit, shall install
numbers on said dwelling units corresponding to the addresses of those units as utilized by the postal service.
The intention of this Article is to apply retroactively and include existing lots and buildings as well as those
created after the effective date of this Article.
§ 117-7. Regulations.
The following regulations shall apply to all single-family and multifamily units:
A. The identification numbers shall be no less than two and one-half (21/2) inches in height.
B. The numbers shall contrast with the background on which they are mounted.
C. All numbers shall be mounted so that they face the street on which the building fronts.
D. All numbers shall be mounted no less than three (3) feet above the street grade level.
E. All numbers shall be visible from the street upon which the dwelling fronts.
F. The numbers shall be maintained by the owner of the property and shall be unobstructed by trees, shrubs
or other vegetation.
§ 117-8. Additional regulations for multifamily dwellings.
The following additional regulations shall apply to multifamily dwellings:
A. Each building shall be identified clearly, and the identification shall be visible from the street upon which
the building fronts.
B. If a complex contains more than one (1) building, each building shall be clearly titled and the apartment
number ranges contained therein posted in accordance with §
117-7 of this Article.
C. Numbers with directional arrows shall be posted on the walls of corridors used to enter and exit stairwells
and elevators.
§ 117-9. Compliance required prior to issuance of certificate of
occupancy.
No certificate of occupancy shall be issued for any single-family or multifamily residential unit in the Borough of
Collingswood unless said building is in compliance with the requirements of this Article.
§ 117-10. Enforcement.
This Article shall be enforced by any officer, employee or official of the Borough of Collingswood.
§ 117-11. Notice to comply; violations and penalties.
Any property owner in violation of this Article shall receive written notice thereof from the Borough Subcode
Official, requiring compliance with this Article within thirty (30) days. Should the property owner thereafter fail to
comply and remain in violation of this Article, said violator shall be subject to a fine of not more than one
thousand dollars ($1,000.), imprisonment for not more than ninety (90) days or a period of community service
for not more than ninety (90) days, or any combination thereof, upon the filing of a complaint in the
Collingswood Borough Municipal Court.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Chapter 123. Canvassing and Soliciting
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood as indicated in article
histories. Amendments noted where applicable.]
GENERAL REFERENCES
Circulars and handbills — See Ch.
197, Art.
I.
Noise — See Ch.
207.
Article I. General Provisions
[Adopted 8-16-1971 by Ord. No. 662 as Ch. 47 of the 1971 Code]
§ 123-1. Registration required.
No person, except as provided herein, shall canvass, solicit, distribute circulars or other matter or call from door
to door or place to place in the Borough of Collingswood without first registering with the Chief of Police or, in
his absence, the officer in charge of the Police Department.
§ 123-2. Definitions.
As used in this article, the following terms shall have the meanings indicated:
CANVASSER or SOLICITOR
Includes itinerant vendors of merchandise who shall go from door to door in this borough, selling, causing
to be sold, offering for sale or taking orders for present or future delivery of merchandise of any description
whatever. Merchandise, within the terms of this article, shall include magazines, periodicals, books and
orders or contracts for a service, home improvement or alterations. For the purpose of this article, a
"canvasser" or "solicitor" shall also be deemed to be one who is not in the business of selling goods but
one who makes surveys for research purposes, analysis, opinion polls, rating data and any such similar
work which, by its nature, involves a door-to-door or place-to-place activity, and shall include persons
going from door to door or place to place for the purpose of soliciting contributions, donations or alms for
any persons or organization.
§ 123-3. Purpose.
The purpose of this article is to prevent fraud, crime and unethical and dishonest business practices for the
general protection, health and welfare of the residents of the Borough of Collingswood.
§ 123-4. Application requirements.
Each registrant shall, at the time of registering, file with the Chief of Police an application, in writing, which shall
give the following information:
A. The name, age and physical description of applicant.
B. The complete permanent home and local address of applicant.
C. The name and address of the organization or person for whom solicitation is being made.
D. A description of the nature of the business and the goods, services or wares to be sold and sufficient
information to determine whether or not the business he is to transact is interstate or intrastate commerce.
E. Two photographs of the applicant, which shall be approximately 1 1/2 inches by 2 1/2 inches in size,
showing the head and shoulders of the applicant in a clear and distinguishing manner.
[1]
[1]
Editor's Note: Original § 47-4F, regarding days, dates and routes, which immediately followed this
subsection, was repealed 2-18-1975 by Ord. No. 698.
F. A statement as to whether or not the applicant has been convicted of a crime, misdemeanor or disorderly
conduct offense, where and when so convicted, the nature of the offense and the penalty, if any.
G. The make, model, year, color and license plate number of automobiles used by the applicant during the
period of solicitation within the borough and the number of his driver's license and the state of issuance.
§ 123-5. Separate registration required for each solicitor.
A separate registration must be made for every solicitor, agent or employee soliciting within the Borough limits.
§ 123-6. Issuance of registration certificate.
[Amended 2-18-1975 by Ord. No. 698]
Each registrant, upon being so registered, shall be issued forthwith a registration certificate by the Chief of
Police, upon which shall be affixed one photograph of the applicant, signed by the Chief of Police so that part
of his signature covers part of the photograph.
§ 123-7. Possession of certificate required; inspection upon request.
[Amended 2-18-1975 by Ord. No. 698]
Each registrant shall carry the original certificate at all times when in the borough and shall exhibit it to any
citizen or police officer upon request.
[1]
[1]
Editor's Note: Original § 47-8, Disapproval of application; hearing, which immediately followed this section, was
repealed 2-18-1975 by Ord. No. 698.
§ 123-8. Rules and regulations.
Every person to whom a registration certificate is issued under the terms of this article shall be governed by the
following rules and regulations:
A. All circulars, samples or other matter shall be handed to an occupant of the property or left in a secure
place on the premises.
B. No person subject to the provisions of this article shall canvass, solicit or distribute circulars or other matter
except during the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturdays.
C. No person subject to the terms of this article shall enter or attempt to enter the house or apartment of any
resident in the Borough of Collingswood without an express invitation from the occupant of the house or
apartment.
D. No person subject to the terms of this article shall conduct himself in such a manner as to become
objectionable to or annoy any person while soliciting within the borough limits.
E. No person subject to this article shall make any solicitation within the borough limits where solicitors are
notified by sign that soliciting is prohibited.
§ 123-9. Exemptions; identification of exempt parties.
A. Any person, organization or society or association of a charitable, religious, patriotic, philanthropic or
community nature, desiring to solicit or have solicited in its name money, property or financial assistance
for which no merchandise, wares or services are required shall be exempt from §
123-4 of this article,
provided that there is filed with the Chief of Police an application, in writing, giving the following
information:
(1) The names of solicitors and the purpose or cause for which solicitation is being made.
(2) The names and addresses of the officers of the organization.
(3) The names and addresses of the agents or representatives who will solicit, canvass or distribute
literature in the Borough.
B. Each solicitor for such organization, society or association shall carry proper identification and shall display
the same upon request.
§ 123-10. Violations and penalties.
[Amended 8-15-1994 by Ord. No. 1058]
Any person violating the terms of this article, whether as an individual, principal or agent or employee of
another, shall, upon conviction in the Municipal Court of the Borough of Collingswood, be subject to a fine not
to exceed $1,000, imprisonment in the county jail not to exceed 90 days or a period of community service not
to exceed 90 days, or any combination thereof, in the discretion of the Municipal Court.
Article II. Solicitation of Contributions in Roadways
[Adopted 6-2-2008 by Ord. No. 1447]
§ 123-11. Permission to solicit granted.
The Borough of Collingswood shall permit organizations, as such are defined in N.J.S.A. 45:17A-20, to solicit
contributions in roadways located in the Borough of Collingswood in accordance with the provisions contained
herein.
§ 123-12. Application for permit.
All charitable organizations as defined in N.J.S.A. 45:17A-20 who desire to solicit contributions in roadways
located in the Borough of Collingswood shall file an application for a permit with the Police Department on a
form prepared by the Borough, which shall include the following information:
A. Name, address, telephone number and name of contact person.
B. Specific location or locations of proposed charitable solicitation.
C. Dates and times of proposed charitable solicitation.
D. A description of the manner in which the motorist solicitation will be conducted.
E. Consent by an authorized representative of the charitable organization that it shall comply with any
conditions imposed by the Borough of Collingswood during the time that the solicitation is conducted.
§ 123-13. Review of application; issuance of permit.
Upon filing of a complete application in accordance with the provisions of this Ordinance, following review by
the Borough Chief of Police, his designee and/or the Borough Administrator, the Police Chief shall be
authorized to grant or deny the applicant's request. In the event the applicant's request is granted, a permit
shall be issued to the applicant which shall be subject to the representations contained in the applicant's
application and any conditions imposed by the Police Chief and/or Borough Administrator.
§ 123-14. Enforcement.
The Police Chief, following consultation with the Borough Administrator and the Borough's insurer, shall be
authorized to impose conditions for the motorist solicitation.
§ 123-15. Compliance with state law and Borough procedures
required.
Any organization requesting authorization from the Borough of Collingswood for solicitation shall comply with
all of the terms and conditions of N.J.S.A. 39:4-60, by P.L. 1997, Chapter 82, approved April 30, 1997, and any
procedures required by the Borough of Collingswood.
§ 123-16. Rules and regulations.
Organizations must adhere to the following conditions:
A. All participants must wear orange or yellow safety vests while soliciting in the roadway.
B. Participants in the roadways must be at least 16 years of age and be accompanied by an adult.
C. Adequate adult supervision is required.
D. Organizations or groups must be based in the Borough and the solicitation must benefit or promote a
Collingswood activity.
E. Solicitations can only be conducted between the hours of 8: a.m. and 3:00 p.m.
F. Solicitations may only be conducted at the following intersections unless approved by the Chief of Police
and/or Borough Administrator:
(1) Haddon Avenue and Collings Avenue.
(2) Haddon Avenue and Browning Road.
(3) Park Avenue and Zane Avenue.
G. Solicitation activities shall not impede vehicular or pedestrian traffic.
Chapter 131. Condominium Conversion
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood 4-19-1982 as Ord. No.
789 (Ch. 49B of the 1971 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch.
117.
Uniform construction codes — See Ch.
135.
Development regulations — See Ch.
141.
Rental property — See Ch.
237.
§ 131-1. Administrative fees.
A. The landlord/sponsor of each rental unit converted to a condominium or cooperative after the effective
date of the Senior Citizens and Disabled Protected Tenancy Act
[1] shall pay a fee of twenty-five dollars
($25.) per rental unit to the Borough of Collingswood. Said fee shall be for the purpose of offsetting the
cost to the Borough of Collingswood of administering this statute at the local level.
[1]
Editor's Note: See N.J.S.A. 2A:18-61.22 et seq.
B. For those buildings or structures containing in excess of one hundred (100) rental units, the fee due under
Subsection
A above shall be twenty-five dollars ($25.) per rental unit for the first one hundred (100) rental
units and fifteen dollars ($15.) for each rental unit in excess thereof.
C. The landlord/sponsor of each rental unit converted to a condominium or cooperative prior to the effective
date of the Senior Citizens and Disabled Protected Tenancy Act who submits an application to the
administrative agent for determination pursuant to said statute shall pay a fee of twenty-five dollars ($25.).
§ 131-2. Appeals Board.
A. The governing body hereby establishes an Appeals Board, which Board shall hear and determine appeals
from decisions rendered by the administrative agent under and pursuant to the Senior Citizens and
Disabled Tenancy Act.
B.
The Appeals Board shall be composed of three (3) persons chosen by the Mayor. Said persons shall serve
for one (1) calendar year.
§ 131-3. Fee for appeal.
As a prerequisite to the filing of an appeal with the Appeals Board, each applicant must pay a fee of two
hundred dollars ($200.) to the municipality.
Chapter 135. Construction Codes, Uniform
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood 4-15-1996 by Ord. No.
1098.
[1] Amendments noted where applicable.]
GENERAL REFERENCES
Numbering of buildings — See Ch.
117.
Condominium conversion — See Ch.
131.
Development regulations — See Ch.
141.
Fire prevention — See Ch.
163.
Flood damage prevention — See Ch.
167.
Public health nuisances — See Ch.
211.
Private swimming pools — See Ch.
269.
[1]
Editor's Note: This ordinance also repealed former Ch. 135, Construction Codes, Uniform, adopted 4-5-1993 by
Ord. No. 1030.
§ 135-1. Local enforcing agency; subcode officials; on-site inspection
agency.
A. There is hereby established in the Borough of Collingswood a State Uniform Construction Code enforcing
agency, to be known as the "Collingswood Construction Code Office," consisting of a Construction Official,
building subcode official, plumbing subcode official, fire subcode official and electrical subcode official and
such other subcode official and electrical subcode official and such other subcode officials for such
additional subcodes as the Construction Commission of the Department of Community Affairs, State of
New Jersey, shall hereinafter adopt as part of the State Uniform Construction Code. The Construction
Official shall be the chief administrator of the enforcing agency.
B. Each official position created in Subsection
A hereof shall be filled by a person qualified for such position
pursuant to N.J.S.A. 52:27D-119 et seq., and the regulations promulgated pursuant thereto, provided that,
in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant
to the aforementioned regulations. More than one such official position may be held by the same person,
provided that such person is qualified pursuant to N.J.S.A. 52:27D-119 et seq. and the regulations
promulgated thereunder, to hold each such position.
C. The public shall have the right to do business with the enforcing agency at one office location except for
emergencies and unforeseen or unavoidable circumstances.
§ 135-2. Appeals.
The Board of Commissioners of the Borough of Collingswood establishes the Camden County Board of
Appeals to hear all appeals from decisions of the enforcing agencies.
§ 135-3. Adoption of fee schedule.
[Amended 2-3-1997 by Ord. No. 1117; 3-5-2001 by Ord. No. 1248; 10-4-2004 by Ord. No. 1351; 7-1-2013 by
Ord. No. 1539]
Item
Fee
Construction Fees
Minimum fee
$65
Building Fees
New construction, per cubic foot
$0.40; minimum $250
Reconstruction up to $50,000, per $1,000
$32
Reconstruction from $50,000 to $100,000, per $1,000
$25
Reconstruction over $100,000, per $1,000
$21
Item
Fee
Plumbing Fees
Minimum fee
$65
Total number of plumbing/gas/oil fixtures, per fixture
$15
Total number of special devices, per device
$85
Stacks (vents), per stack
$15
Item
Fee
Electrical Fees
Minimum fee
$65
Receptacles and fixtures, first 50
$50
Increments of 25 additional receptacle and fixtures, each 25
$10
Each motor, electrical device, transformer or generator, plus
per Dept. Community Affairs List 1 hp; kw, kva to 10 hp; kw,
$15
kva, each
Greater than 10 hp; kw, kva to 50 hp; kw, kva plus electrical
$65
equipment 20 amps to 225 amps, each
Greater than 50 hp; kw, kva to 100 hp; kw, kva plus electrical
$120
equipment greater than 225 to 1,000 amps, each
Greater than 100 hp; kw, kva, plus electrical equipment greater
$600 each
than 1,000 amps, each
Item
Fee
Fire Protection and Hazardous Equipment Fees
Minimum fee
$65
Sprinkler heads 1 to 20 heads
$85
21 to 100 heads
$160
101 to 200 heads
$289
201 to 400 heads
$750
401 to 1,000 heads
$1,050
Over 1,000 heads
$1,350
Detectors: first detector No. count per Town
$65/first 20
Detectors: each group of additional of detector No. count per Town
$65 additional 80
Independent pre-engineered systems; number of systems
x $120
Gas- or oil-fired appliance not connected to plumbing system:
x $62
number of appliances
Kitchen exhaust systems: number of systems
x $62
Incinerators
x $450
Crematoriums
x $450
Item
Fee
Standpipe, each
$289
FEE CALCULATION BASE IS THE SUM OF THE ABOVE ITEMS
Sum Total Above
PERMIT FEE
80% Above Total
Demolition or Removal Permit Fee
Under 5,000 square feet
$90
All other
$180
Item
Fee
Sign Permit Fees
$65
Minimum fee
Pylon signs
First 100 ft2, per ft2
$4
Next 400 ft2, per ft2
$4
Remaining ft2, per ft2
$4
Ground or wall signs
First 100 ft2, per ft2
$4
Next 400 ft2, per ft2
$4
Remaining ft2, per ft2
$4
Certificate of occupancy fee or temporary certificate of occupancy
$50
C.O. granted change use group or certificate of continued
$151
occupancy
Fee for swimming pool bonding and grounding
$65
Item
Fee
Fee for "Application for Variation"
Class 1
$594
Class 1 resubmission
$229
Class 2
$120
Class 2 resubmission
$65
Class 3
$25
Class 3 resubmission
$25
Fee for annual backflow prevention testing, per device
$10
§ 135-4. Violations and penalties.
Any person, firm or corporation who or which shall violate any of the provisions of this chapter shall, upon
conviction, be punished by a fine of up to $500 or imprisonment in the county jail for a period not to exceed 90
days, or by both such fine and imprisonment, for each violation of the provisions of this chapter, and each day
the same is violated shall be deemed and taken to be a separate and distinct offense.
Chapter 141. Development Regulations
[HISTORY: Adopted by the Board of Commissioners of the Borough of Collingswood 2-5-1990 by Ord. No.
961; amended in its entirety 3-5-2001 by Ord. No. 1239. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Environmental Commission — See Ch.
23.
Air pollution — See Ch.
89.
Brush, grass and weeds — See Ch.
113.
Condominium conversion — See Ch.
131.
Uniform construction codes — See Ch.
135.
Fire prevention — See Ch.
163.
Flood damage prevention — See Ch.
167.
Garage sales — See Ch.
173.
Payment of delinquent taxes and assessments — See Ch.
193, Art.
I.
Noise — See Ch.
207.
Poolrooms — See Ch.
223.
Sewers — See Ch.
247.
Streets and sidewalks — See Ch.
265.
Private swimming pools — See Ch.
269.
Vehicle sales lots — See Ch.
289.
Water — See Ch.
301.
141a Schedule of District Regulations
141b Informal Plat Review
141c Major Site Plan Approval Checklist
141d Major Subdivision Approval Checklist
141e Minor Subdivision Site Plan Approval Checklist
141f SIC Codes
Article I. Title; Purpose
§ 141-1. Title.
This chapter shall be known as the "Collingswood Development Regulations Ordinance."
§ 141-2. Purposes; intent.
The purposes of this chapter are to establish a pattern for land use based on the land use element of the
Master Plan and to guide appropriate and orderly development which will promote the public health, safety,
morals and general welfare. This chapter is intended to:
A. Regulate the use of land within zoning districts.
B. Secure safety from fire, flood, panic and other disasters.
C. Provide adequate light, air and open space.
D. Limit and restrict buildings and structures to specified districts according to their type and the nature and
extent of their use for trade, industry, residence, open space or other purposes.
E. Regulate the bulk, height, number of stories and size of buildings and other structures.
F. Avoid a conflict with neighboring municipalities and the county and the state.
G. Establish appropriate population densities and concentrations contributing to the well-being of persons,
neighborhoods, communities and regions and to the preservation of the environment.
H. Provide sufficient space for residential, recreational, commercial and industrial uses and open space.
I.
Encourage the location and design of transportation routes which will promote the free flow of traffic while
discouraging the location of such facilities and routes which result in congestion or blight.
J.
Promote a desirable visual environment through good civic design and creative development techniques.
K.
Promote the conservation of open space, valuable natural resources, historic buildings, sites, districts, and
areas. Prevent urban sprawl and degradation of the environment currently occurring with the improper use
of land.
L. Encourage coordination of various public and private procedures and activities shaping land development
with a view of lessening the cost of such development and to the more efficient use of land.
M. Promote the maximum practicable recovery and recycling of recyclable materials from municipal solid
waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to
complement the Borough's municipal recycling goals as outlined in the Master Plan.
N. Implement the goals and objectives of the Master Plan and its related components.
O. To regulate alterations of existing buildings; to prevent such additions to, and alterations or remodeling of,
existing buildings or structures as would not comply with the restrictions and limitations imposed
hereunder.
[Added 8-1-2016 by Ord. No. 1601]
Article II. Terminology
§ 141-3. Use of terms defined by statute.
Words and phrases used in this chapter are used as defined in the Municipal Land Use Law.
[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 141-4. Definitions.
For purposes of this chapter, certain phrases and words are defined as follows:
ACCESS
A way or means of approach to provide vehicular or pedestrian physical entrance to a property.
ACCESSORY USE or STRUCTURE
A use or structure which:
A. Is clearly incidental to and customarily found in connection with a principal use or building;
B. Is subordinate to and serves a principal building or principal use;
C. Is subordinate in area, extent, or purpose to the principal building or principal use served;
D. Contributes to the comfort, convenience, or necessity of the occupants, business, or industry in the
principal building or principal use served; and
E. Is located on the same lot as the principal building or use served.
ADAPTIVE REUSE
The development of a new use for an older building or for a building originally designed for a special or
specific purpose.
ADDITION
An extension or increase in the floor area or the height of a building or structure.
ADJACENT or ADJOINING LOT
A lot or parcel of land that shares all or part of a common lot line with another lot or parcel of land.
ADULT ENTERTAINMENT USE
An establishment consisting of, including, or having the characteristics of any or all of the following:
A.
ADULT ARCADE
An establishment where, for any form of consideration, one or more motion picture or similar
broadcast machines for viewing by five or fewer people each are used to show films, videos, or other
photographic reproductions that are characterized by an emphasis upon the depiction or description of
specified sexual activities or specified anatomical areas.
B.
ADULT BOOKSTORE OR RETAIL STORE
An establishment having as a portion of its stock-in-trade books, magazines, other periodicals, motion
pictures and other viewing materials which are distinguished or characterized by their emphasis on
matters depicting, describing or relating to specified sexual activities, sexual conduct or specified
anatomical areas; or an establishment with a segment or section of the premises devoted to the sale,
rental or display of such material; or an establishment having a segment or section of the premises
devoted to the sale, rental or display of instruments, devices, or paraphernalia which are designed for
use in connection with specified sexual activities.
[Amended 10-7-2002 by Ord. No. 1300; 7-3-2006 by Ord. No. 1408]
C.
ADULT CABARET
A nightclub, bar, restaurant, or similar establishment that regularly features live performances that are
characterized by exposure of specified anatomical areas or by specified sexual activities, or films,
motion pictures, videos, or other photographic reproductions in which the substantial portion of the
total presentation time is devoted to the showing of material that is characterized by an emphasis
upon depiction or description of specified sexual activities or specified anatomical areas.
D.
ADULT MOTION-PICTURE THEATER
A building used for presenting material distinguished or characterized by an emphasis on matters
depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical
areas for observations by patrons therein.
ADVERSE EFFECT
An existing or proposed condition on a site proposed for development or on off-tract property or facility that
imposes, aggravates or leads to inadequate, impractical, unsafe, unsatisfactory, unhealthy, or
noncomplying conditions, such as a layout inconsistent with the zoning regulations; insufficient street
width; unsuitable street grade; an unsuitable street location; an inconvenient street system; inadequate
utilities, such as water, drainage, shade trees and sewerage; unsuitable size, shape and location of any
area reserved for public use or land for open space in a planned development; infringement upon land
designated as subject to flooding; and the creation of conditions leading to soil erosion by wind or water
from excavation or grading, all as set forth in N.J.S.A. 40:55D-38 and measured against the design and
performance standards of this chapter.
AGRICULTURAL MARKET
See "farm stand."
AISLE
The traveled way by which cars enter and depart parking spaces
ALLEY
A minor or service roadway which affords only a secondary means of public access to abutting property
and not intended for general traffic circulation.
ALTER or ALTERATION
As applied to a building or structure, any change in the appearance or rearrangement in the supporting
members, structural parts, doors, windows, means of ingress or egress of an existing building; or an
enlargement, whether horizontally or vertically; or the moving of a building or structure from one location or
position to another.
[Amended 8-1-2016 by Ord. No. 1601]
ANTENNA
A devise used to transmit and/or receive radio, electromagnetic, or digital signals between terrestrial
and/or orbitally based structures.
APARTMENT UNIT
One or more rooms with a private bath and kitchen facilities comprising an independent, self-contained
dwelling unit in a building containing three or more such dwelling units.
APARTMENT UNIT, ACCESSORY
A single dwelling unit that has been added onto or created within a single-family house or accessory
structure to a single-family house.
APPLICANT
A person submitting an application for development.
APPLICATION
An application form and all accompanying documentation required by this chapter for approval of a site
plan, subdivision, planned development, conditional use, zoning variance, change in use, or direct
issuance of a permit pursuant to N.J.S.A 40:55D-34 and 40:55D-36.
APPROVING AUTHORITY
Any board, body, or another authority within the Borough to approve or disapprove applications for
development as outlined in the Municipal Land Use Law and this chapter.
ASSISTED LIVING FACILITIES
See "senior citizen housing."
ATTIC
That part of the building that is immediately below and wholly or partially within the roof framing.
AUTOMOTIVE GARAGE
Any premises, lot, building or structure used for repairing or servicing of motor vehicles, including painting,
body repair, and oil changes.
AUTOMOTIVE SALES
The use of any building, land, or other premises for the display and sales of new or used automobiles,
panel trucks or vans, including any preparation or repair work conducted as an accessory use only. See
also "Vehicle sales."
AUTOMOTIVE SERVICE STATION
Any building, land area, or other premises used for the retail dispensing or sales of automobile fuels, which
activity may or may not be accompanied by accessory uses such as sales of lubricants, tires, accessories,
or supplies; minor repairing of automobiles; or, a single-bay car wash. Automobile wrecking and storage,
major repairing of automobiles, automobile parking/storage for fee, and operation of more than one towing
vehicle are not considered accessory uses of an automotive service station.
AUTOMOTIVE SERVICE STATION WITH CONVENIENCE STORE
An automotive service station that includes a building, or part of a building, of less than 1,000 square feet
of area, for the sale of prepackaged food products, sandwiches, household products and other goods,
normally associated with a convenience store.
AUTOMOTIVE WASH
Any building or premises which is devoted to the business of washing automobiles for a fee, whether by
automated cleaning devises or otherwise.
AUTOMOTIVE WRECKING
The dismantling or disassembling of motor vehicles or trailers or the storage, sale, or dumping of
dismantled, obsolete, or wrecked vehicles or their parts.
BAR (PUB or TAVERN)
An establishment in which the primary use is the retail sale and serving of alcoholic beverages to the
general public and where food and packaged goods may be served or sold only as an accessory use.
BASEMENT
A story of a building, partially underground, having at least 1/2 its height above the average level of
adjoining ground. A basement shall be counted a story for the purpose of height measurement if the
vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or
if used for business or dwelling purposes. See also "cellar."
BED-AND-BREAKFAST
A owner- or operator-occupied house, or portion thereof, where short-term, transient lodging rooms, meals
(generally breakfast), and parking are provided. The number of lodging rooms to be occupied by guests
shall not exceed five, and the maximum consecutive stay for any guest shall be fourteen days.
BERM
A mound of earth used as a physical barrier to shield and buffer uses and views, to control water drainage,
or to act as a dam.
BILLBOARD
A sign that identifies or communicates an advertisement related to an activity conducted, a service
rendered, or a commodity sold at a location other than where the sign is located.
BOARDINGHOUSE
An owner-occupied house with nontransient lodging for two to five persons, where meals, personal, and
financial service may be offered for compensation.
BUFFER
An area on a site, generally located adjacent to or parallel with the property line, consisting of existing
vegetation to be supplemented by or created with evergreen trees, deciduous trees, shrubs, fences,
berms, or walls, with the purpose of visibly separating and screening one land use from another or to
shield and block noise, lights, and other nuisances.
BUILDING
Any structure having a roof supported by columns or walls and intended for the shelter, housing, or
enclosure of any individual, animal, process, equipment, goods or materials of any kind.
BUILDING, ACCESSORY
See "accessory use or structure."
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the lot on which it is located.
BUILDING COVERAGE
The ratio of the horizontal area measured from the exterior walls of the ground floor of all principal and
accessory structures on a lot to the total lot area.
[Amended 11-3-2014 by Ord. No. 1557]
BUILDING ELEVATION
See "elevation drawing."
BUILDING ENVELOPE
The three-dimensional space in which a structure is permitted to be built on a lot, defined by the maximum
height, minimum yard setbacks, and any other applicable area and bulk requirements.
BUILDING HEIGHT
The vertical distance measured to the highest point of the building or structure from the average elevation
of the finished grade five feet from the foundation. Masts, flagpoles, monuments, chimneys, church spires,
clock towers, elevator bulkheads, radio and cellular towers, water tanks, air-conditioning units or similar
structures shall not be considered in measuring building height unless they exceed, in aggregate, 25% of
the roof area.
BUILDING LINE
A line parallel to the street line at a distance therefrom and equal to the depth of the required front yard.
BUILDING FRONT
See "facade."
CALIPER
The diameter of a tree trunk, generally measured between six and twelve inches from existing grade.
CARTWAY
The paved surface of a street, such as the portion between the curbs, including travel lanes and parking
areas, or the portion between the edges of the paved width where there are no curbs. However, shoulders,
curbs, sidewalks, and swales are excluded.
CAR WASH
See "automotive wash."
CELLAR
A story of a building, located partially underground and having more than 1/2 of its clear height below the
average level of the adjoining ground. A cellar shall not be considered in determining the permissible
number of stories.
CERTIFICATE OF APPROPRIATENESS
A document that is issued by the Historic Preservation Commission, following a prescribed series of
hearings and procedures, certifying that the proposed actions by an applicant are found to be acceptable
in terms of the review standards set forth in this chapter relating to an individual historic site or historic
district as a whole.
CERTIFICATE OF OCCUPANCY (CO)
A document issued by a Borough officer allowing the occupancy or use of a building and certifying that the
structure or use has been constructed and will be used in compliance with all the applicable Borough
codes and ordinances.
CHANGE IN USE
Any use which substantially differs from the previous use of a building or land. A use shall be considered
to be substantially different if the first digit Standard Industrial Code (SIC) code for the proposed use differs
from the first digit SIC code for the previous use. All changes for the proposed use require application to
the Zoning Officer and/or Planning Board or Zoning Board. A complete list of the SIC codes can be found
at the end of this chapter.
[Amended 5-3-2004 by Ord. No. 1334]
CHILD-CARE CENTER
An establishment providing for the care, supervision, and protection of children. See also "family day-care
homes" and "child-care center, licensed."
CHILD-CARE CENTER, LICENSED
A building or structure in which daytime instruction or supervision is given to more than 5 children outside
their home for more than three but less than 16 hours per day by an individual, association, corporation,
institution or agency, usually for compensation. Such a center is licensed by the state and must meet all
state requirements
CHURCH
A building or structure, or groups of buildings or structures, that by design and construction are primarily
intended for conducting organized religious services and associated accessory uses.
CLINIC
An ambulatory health care facility where patients are admitted for examination and treatment on an
outpatient basis by one or more physicians, dentists, psychologists, social workers or medical or social
work professionals.
COMMERCIAL USE
Activity involving the sale of goods or services carried out, generally, for profit.
COMMERCIAL VEHICLE
Any motor vehicle used for commercial purposes, in interstate or intrastate commerce, for the
transportation of persons for hire, compensation or profit. The display of "commercial," "omnibus" or
"constructor" registration plates on any motor vehicle shall, for the purposes of this chapter, be prima facie
evidence that the vehicle is a commercial vehicle.
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED (CRDD)
A residential facility, licensed by the state, providing food, shelter, and personal guidance, with
supervision, to not more than 15 developmentally disabled or mentally ill persons who require assistance,
temporarily or permanently, in order to live in the community. The term shall include but not be limited to
group homes, halfway houses, intermediate care facilities, and supervised apartment living arrangements.
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES
A community residential facility, licensed by the state, providing food, shelter, and personal guidance, with
supervision, to not more than 15 persons with head injuries who require assistance, temporarily or
permanently, in order to live in the community. The term shall include but not be limited to group homes,
halfway houses, intermediate care facilities, and supervised apartment living arrangements.
COMMUNITY RESIDENCE FOR THE TERMINALLY ILL
Any community residential facility operated as a hospice program providing food, shelter, personal
guidance and health care services under such supervision as required to not more than 15 terminally ill
persons.
COMMUNITY RESIDENTIAL HOME
A dwelling unit licensed to serve clients of an appropriate governmental department that provides a living
environment for unrelated residents who operate as the functional equivalent of a family, including
supervision and care of supportive staff as may be necessary to meet the physical, emotional and social
need of the persons residing in such facility as defined in the appropriate statute.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
A residence providing food, shelter, medical care, legal assistance, personal guidance, and other services
to persons who have been victims of domestic violence, including any children of such victims, who
temporarily require shelter and assistance in order to protect their physical or psychological welfare.
COMPACT CAR
Any motor vehicle that does not exceed fifteen feet in length, bumper to bumper, and does not exceed five
feet, nine inches in width.
CONDITIONAL USE
A use permitted in a particular zoning district only upon showing that such use in a specified location will
comply with all the conditions and standards for the location or operation of the use as specified in this
chapter and authorized by the approving agency.
CONVENIENCE or GENERAL STORE
The store, less than 5,000 square feet in size, where the primary business is the sale of packaged goods
and/or groceries and a wide variety of sundries, including but not limited to food, beverages, cigarettes,
candy, confectionary items, film and film processing, small appliances, clothing, toys, nonprescription
medicines, cards, pain relievers and pharmacy items purchased with or without prescriptions, health,
hygiene and medical aides and supplies, refrigerated items, cosmetics, paper products, seasonal
decorations and similar items.
[Added 3-3-2002 by Ord. No. 1306]
CUL-DE-SAC
A turnaround at the end of a dead-end street, often used to describe the street itself, which is a street with
one means of ingress and egress and having a turnaround.
CURB CUT
The opening along the curb line at which point vehicles may enter or leave the roadway.
DAY
A calendar day.
DAY CARE
Daytime instruction or supervision of three or more children away from their home for more than three but
less than 16 hours per day by an individual, association, corporation, institution or agency, whether or not
for compensation or reward.
DAY-CARE CENTER
See "child-care center, licensed" or "family day-care home."
DEAD-END STREET
A street with a single, common ingress and egress.
DECIDUOUS
Plants that annually drop their leaves prior to becoming dormant for the winter months.
DECK
A structure attached or adjacent to a principal building and having a roof or, in the absence of a roof,
having at least a portion of the structure more than one foot above mean finished grade. A deck shall
comply with the yard and building coverage requirements for a principal building. An unenclosed structure
less than or equal to 60 square feet in area and used to serve a preexisting entrance into the main level of
the principal residence is not considered a deck; these structures are to comply only with the requirements
of the building code
[1] for consideration of this type structure.
DEDICATION
The transfer of property by the owner to another party.
DEMOLITION
The partial or total razing or destruction of a primary structure or improvement within the Borough of
Collingswood.
[Amended 3-4-2002 by Ord. No. 1286]
A. Demolition of structures is hereby considered development. No structure on any lot or lots shall be
demolished without first having had approval of a site plan for the lot or lots and/or the development
thereon after demolition. A plan must be approved by the Planning Board and include the reuse of the
site.
B. Exemptions.
(1) Accessory buildings shall be exempt from Planning Board approval; however, all applicable
permits must be obtained
(2) In the interest of public safety, the Construction Official shall be authorized to issue permits
without Planning Board approval if he determines that a structure is an immanent hazard.
DENSITY
The number of families, individuals, dwelling units, households, or housing structures per unit of land. For
zoning purposes, this usually refers to number of dwelling units per acre of land unless stated otherwise.
DENSITY, GROSS
Density calculation, including all the area within a certain boundary, excluding nothing.
DENSITY, NET
Density calculation excluding certain areas, such as streets, wetlands, easements, and water.
DETENTION BASIN
A facility for the temporary storage of stormwater runoff. See also "retention basin."
DEVELOPMENT
The division of land into two or more parcels; the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any structure; any mining, excavation, landfill or land disturbance;
and the use, the extension of the use or the change of use of any structure or land.
DEVELOPMENT, MAJOR
Any development not considered a minor development
DEVELOPMENT, MINOR
Any development involving three or fewer lots and/or involving a land area of less than five acres or not
requiring a general development plan or the extension or construction of any new streets to other
municipal or governmental facilities
DISTRICT
A part, zone, or geographic area within the Borough within which certain zoning or development
regulations apply.
DRAINAGE
The removal of surface water or groundwater from lands by drains, grading, or other means and includes
control of runoff to minimize erosion and sedimentation during and after construction or development and
means necessary for water supply preservation or prevention or alleviation of flooding.
DRIPLINE
An imaginary ground line around a tree that defines the limits of the tree canopy.
DRIVE-IN FACILITY
An establishment that by design, physical facilities, service, or by packaging procedure encourages or
permits customers to receive services, products, goods or entertainment while remaining in their
automobiles.
DRIVEWAY
A private roadway providing access to and from a street.
DRUGSTORE
A store where the primary business is the filling of medical prescriptions, under the supervision of a
registered pharmacist, and the sale of drugs, medical devices and supplies and nonprescription medicines,
but where nonmedicinal products such as toiletries, cards and stationery, candies and cosmetics, are sold
as well. See also "pharmacy."
DWELLING
A structure or portion thereof that is used exclusively for human habitation.
DWELLING, CONDOMINIUM
A building or group of buildings in which each individual single-family residential unit is individually owned,
and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided
basis.
DWELLING, DUPLEX
A building, containing two single-family dwelling units, totally separated by an unpierced wall extending
from ground to roof.
DWELLING, EFFICIENCY
A dwelling unit containing not more than one habitable room together with a kitchen or kitchenette and
sanitary facilities.
DWELLING, MULTIFAMILY
A building or portion thereof containing more than two dwelling units, including but not limited to:
A.
GARDEN APARTMENT
One or more two-story, multifamily structures, generally built at a gross density of 10 to 15 dwelling
units per acre, with each structure containing four to twenty dwelling units and related improvements
such as parking, open space, and recreation.
B.
MID-RISE
An apartment building containing from three to seven stories.
C.
HIGH-RISE
An apartment building containing more than eight stories.
DWELLING, SINGLE-FAMILY ATTACHED
A dwelling unit in a row of three or more dwelling units separated from each other by a common wall
extending from the foundation to the roof.
DWELLING, SINGLE-FAMILY DETACHED
A dwelling designed for and occupied by not more than one family unit and surrounded by open space or
yards and having no floor, roof, or wall in common with another dwelling unit.
DWELLING, TOWNHOUSE
A residential structure, of not more than three stories, containing not less than three adjacent such
structures, each with its own front or side and rear entrance and physically separated from another unit by
vertical common fire-resistant walls. Each unit is intended for its own separate sale.
DWELLING, TWO-FAMILY
A detached building containing two dwelling units that may or may not share amenities, such as an
entranceway or driveway. See also "dwelling, duplex."
DWELLING UNIT
One or more rooms designed, arranged for, and occupied by one or more individuals living together as a
single family maintaining a household, with exclusive cooking, living, sanitary and sleeping facilities, fixed
or portable. Each dwelling unit shall contain no more than one kitchen or cooking facility.
[Amended 5-3-2004 by Ord. No. 1334]
EASEMENT
A grant of one or more of the property rights by the property owner to and/or for the use by the public, a
corporation, and /or another person or entity.
ELEVATION
A vertical distance above or below a fixed reference level
ELEVATION DRAWING
A fully dimensioned architectural rendering of the front, rear, and sides of a building showing features such
as windows, doors, and relationship of grade to floor level.
ENLARGEMENT
An increase in the size of an existing structure or any increase or expansion in the current use, including
physical size of property, building, parking, and other improvements.
EVERGREEN
A plant with foliage that remains green year round.
EXISTING USE
The use of a lot or structure at the time of the enactment of the zoning ordinance or at the time of
submission of a development application
EXTENSION
An increase in the amount of existing floor area of an existing structure
FACADE
The exterior walls of a building exposed to public view, usually referencing the front of the structure, visible
from the street.
FAMILY
One or more persons related by blood, marriage, adoption or guardianship or any number of persons not
so related occupying a dwelling unit and living as a single housekeeping unit.
FAMILY DAY-CARE HOMES
The private, occupied residence of a family day-care provider which is registered as a family day-care
home pursuant to the Family Day Care Provider Registration Act (N.J.S.A. 30:5B-16 et seq.). Child-care
services are provided to no less than three and no more than five children, not including the provider's own
children, for no less than 15 hours per week.
FARM STAND
Any building or structure used for the display and sale of farm and agricultural products.
FAST-FOOD RESTAURANT
See "restaurant, fast-food."
FINANCIAL INSTITUTION
Any corporation, foreign or domestic, partnership, limited-liability company or any individual which engages
principally in the business of providing financial services such as investment advice, the purchase and sale
of investments and similar services.
[Added 12-3-2007 by Ord. No. 1440]
FENCE
An artificially constructed barrier of any material or combination of material erected to enclose, screen or
separate areas.
FLOOR AREA, GROSS
The sum of gross horizontal areas of the several floors of a building or structure from the exterior face of
exterior walls or from the center line of a wall separating two buildings. In residential uses, the gross floor
area shall exclude the areas of the garage, attic, open porch or patio, cellar, utility areas, heating and
cooling rooms and all portions of floor areas which have a ceiling height above them of less than 7.5 feet.
In nonresidential structures, the gross floor area shall exclude areas used for utility, heating, cooling and
other mechanical equipment but shall include all other areas, including cellars and warehousing and
storage areas, regardless of ceiling height.
FLOOR AREA RATIO
The total gross floor area of all buildings or structures on a lot divided by the total lot area.
FOOTCANDLE
A unit of illumination when the foot is the unit of length.
FRATERNAL ORGANIZATION
A group of people formally organized for a common interest, usually cultural, religious, or entertainment,
with regular meetings, rituals, and formal written membership requirements.
FRONT YARD
see "yard, front."
FRONTAGE
The side of a lot abutting on a street. On corner lots, primary frontage will be considered to be the side of
the lot on which the main building entrance is located. If a corner lot is undeveloped, frontage shall be
consistent with the orientation of other lots on the same side of the street. "Secondary frontage" will be the
side of the lot that fronts onto the other street. Ingress and egress to and from the site may be provided
from either the primary or secondary frontage.
GARAGE
A deck, building, or parking structure, or portion thereof, used or intended to be used for the parking and
storage of vehicles.
GARAGE, REPAIR
See "automotive garage."
GARDEN APARTMENT
See "dwelling, multifamily."
GASOLINE SERVICE STATION
See "automotive service station."
GRADE
The percent rise or decent of a sloping surface
GRADE, EXISTING
The average elevation of the land around a building or proposed building
GROUND COVER
Low-lying grasses or plants grown to form a dense, mat-like covering to prevent the growth of unwanted
plants and to keep the soil from being washed, blown or eroded away.
GROUP HOMES
see "community residential home" or "senior citizen housing."
GROSS VEHICLE WEIGHT
The combined weight of the vehicle and the rated payload. For the purposes of this chapter, the gross
weight as stated on the vehicle's registration certificate shall be prima facie evidence of the vehicle's gross
vehicle weight.
HEALTH CARE FACILITY
A facility or institution, whether public or private, principally engaged in providing services for health
maintenance and treatment of metal or physical conditions, including but not limited to: hospitals,
treatment or diagnostic centers, extended care facilities, rehabilitation centers, outpatient clinics, and
medical offices.
HEIGHT
See "building height."
HISTORIC DISTRICT
One or more historic sites and the intervening or surrounding property significantly affecting or affected by
the quality and character of the historic site or sites.
HISTORIC SITE
Any real property, man-made structure, natural object or configuration of any portion or group of the
foregoing which has been formally designated by ordinance of the Borough as being of historical,
archaeological, cultural, scenic or architectural significance.
HOME OCCUPATION
Any activity carried out for gain by a resident, conducted as a customary, incidental, and accessory use in
the resident's dwelling unit and which does not alter the exterior of the property or affect the residential
character of the neighborhood.
HOME PERSONAL OFFICE
A business use within a dwelling used solely by an inhabitant(s) thereof for the administration of business
engaged in other off-site offices or locations. Home personal offices shall be clearly incidental to the use of
the dwelling, shall not constitute more than 10% of the building area, shall be for the use of the business
owner or employee dwelling in the residence and shall not be used by nonresident employees. Retail sale
of products is not permitted.
HOME PROFESSIONAL OFFICE
An office of a professional used as the primary location for the operation and function of a home
occupation, contained solely within the residential dwelling or an accessory building, but not both. A home
professional office shall occupy less than 500 square feet or the equivalent of 40% of the first floor,
whichever is less. No more than two persons who are not residents of the dwelling may be employed on
the premises at any one time.
HOTEL
A commercial facility, containing at least 20 individual sleeping rooms, each having a private bath attached
thereto, offering transient, overnight lodging accommodations to the general public, with or without meals,
and in which ingress and egress to and from all rooms may be made through an inside office or lobby.
Additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities may be
provided. See also "bed-and-breakfast."
HOUSEKEEPING UNIT
One or more persons living together in one dwelling unit on a stable rather than transient basis, where the
occupants share the ordinary tasks of living in a dwelling unit such as but not limited to cooking and eating
together, sharing inside and outside chores and performing other functional duties and otherwise exhibiting
a kind of stability, permanency and functional life-style which is equivalent to that of a traditional family
unit.
IMPERVIOUS COVERAGE
The coverage of a lot by impervious surfaces, including, but not limited to sidewalks, driveways, buildings,
and other paved surfaces or compact gravel surfaces.
IMPERVIOUS SURFACE
Any material that prevents absorption of water into the ground.
IMPROVEMENT
Any permanent structure that becomes part of, placed upon, or is affixed to a piece of property.
JUNKYARD
A lot, land, or structure or part thereof used for the purchase, collection, storage, recycling, or sale of
wastepaper, rags, scrap metal, or other scrap or discarded goods, materials, machinery, or vehicles.
LAND
Ground, soil, or earth.
LANDSCAPE
Lawns, trees, plants and other natural materials such as rock, wood chips, and decorative features,
including sculpture, walks, fountains and pools, which are a natural feature of the site or have been
installed to enhance a site.
LIMITED BREWERY
A commercial facility, which shall not sell or serve food or operate a restaurant, which brews any malt
alcoholic beverages in quantities for which it is licensed by the Alcoholic Beverage Commission and which
sells the product at retail to consumers on the licensed premises of the brewery for consumption on the
premises but only in connection with tours of the brewery, or for consumption off premises in a quantity of
not more than 15.5 fluid gallons per person, and to offer samples for sampling purposes only. "Sampling"
shall mean the selling at a nominal charge or the gratuitous offering of an open container not exceeding
four ounces of any malt alcoholic beverage produced on the premises.
[Added 8-3-2015 by Ord. No. 1577]
LOADING SPACE
An off-street space or berth on the same lot as the building being served, used for the temporary parking
of a vehicle while loading or unloading materials and products.
LOCAL COMMUNICATIONS FACILITY
Any antenna and any support structure, together with any accessory facilities, which complies with the
standards in N.J.A.C. 7:50-5.4 and which is intended to serve a limited, localized audience through point-
to-point communications, including digital and analog telephone cells, paging systems, and dispatch
communication. It does not include radio or television broadcasting facilities or microwave transmitters.
LODGE
A building or structure in which members of a local chapter of an association or fraternal, religious, or
cultural organization hold their meetings and other events.
LONG-TERM CARE FACILITY
An institution or distinct part of an institution that is licensed or approved to provide health care under
medical supervision for twenty-four or more consecutive hours to two or more patients. Such facilities
include skilled nursing facilities, nursing homes, intermediate care facilities, extended care facilities, and
hospices.
LOT
A designated parcel, tract, or area of land established by plat or otherwise permitted by law to be
separately owned, used, developed, or built upon as a unit.
LOT AREA
The size of a lot measured within the lot lines and not including any portion of a street and is expressed in
acres or square feet. Where a portion of a lot must be dedicated for public right-of-way widening, that
dedicated area may be included in the calculation of the lot area.
LOT, CORNER
A lot located at the intersection of two or more streets. In determining setbacks for corner lots, the primary
frontage shall be the portion of the lot to accommodate the front yard setback, therefore the secondary
frontage shall comply with the required side yard setback. See also "frontage."
LOT COVERAGE
See "impervious coverage."
LOT DEPTH
The average or mean horizontal distance between the front and rear lot lines measured perpendicular to
the front lot line.
LOT, DOUBLE FRONTAGE
A lot having frontage on two nonintersecting streets.
LOT LINE
A line of record bounding a lot that divides one lot from another lot or from a public or private right-of-way
or any other public space.
LOT LINE, FRONT
The line drawn between the right-of-way and the property boundary. On a corner lot, the line between the
primary frontage and the right-of way will be the front lot line. On a double-frontage lot, each property
boundary adjacent to the right-of-way shall be considered a front lot line.
LOT LINE, REAR
That property boundary which is parallel to and the most distant from the front lot line.
LOT LINE, SIDE
Any lot line other than the front or rear.
LOT WIDTH
The distance between side lot lines, measured parallel to the street line at the minimum building setback.
MAJOR SUBDIVISION
Any subdivision not classified as a minor subdivision.
MEDICAL PROFESSIONAL OFFICE
The office and associated examination facilities of a licensed physician, dentist, osteopath, chiropractor,
podiatrist, or other licensed or accredited professional within the medical field. A medical testing laboratory
shall be permitted under this definition only if it is accessory to the office of a medical professional.
MINOR SUBDIVISION
See "subdivision, minor."
MIXED-USE DEVELOPMENT
The development of a tract of land, building, or structure with a variety of complementary and integrated
uses such as but not limited to, residential, office, manufacturing, retail, public, or entertainment in a
compact urban form.
MOTEL
A commercial establishment providing overnight accommodations, containing 10 or more rooms, each
having a private bath attached thereto, with at least 25% of the rooms having direct access to the outside
without the necessity of passing through a main lobby of the building.
NONCONFORMING LOT, STRUCTURE, or USE
A lot, structure, or use, which was lawful prior to the adoption, revision, or amendment of this zoning
chapter but which fails to meet the requirements of the zoning district in which is located by reason of such
adoption, revision or amendment.
NURSERY SCHOOL
See "child-care center, licensed" or "family day-care home."
NURSING HOME
See "senior citizen housing."
OCCUPANCY
The residing of an individual or individuals overnight in a dwelling unit or the storage or use of equipment,
merchandise, or machinery in any public, commercial, or industrial building.
OCCUPATION
Gainful employment in which an individual engages to earn compensation.
OFFICE
A room or group of rooms used for conducting the affairs of a business, profession, service, industry,
government, or like activity, generally furnished with desks, chairs, files, and communication equipment,
but where no retail sales or goods are offered and where no manufacturing, assembling or fabricating
takes place.
OFF SITE
Located outside the lot lines of the lot under review but within the property (of which that lot is a part) that
is subject of a development application or within a contiguous portion of a street or other right-of-way.
OFF-SITE and OFF-TRACT IMPROVEMENT
Improvements required to be made off site or off tract, respectively, to accommodate conditions generated
by a proposed development, including but not limited to new improvements and extensions and
modifications of existing improvements. See also "off site" and "off tract."
OFF TRACT
Not located on the property that is the subject of a development application or on a contiguous portion of a
street or other right-of-way.
ON SITE
Located within the property boundaries of the lot in question.
ORNAMENTAL TREE
A deciduous tree planted primarily for its ornamental value or for screening purposes.
OUTDOOR STORAGE
The keeping of any goods, junk, material, merchandise, or vehicles in an unenclosed area in the same
place for more than 24 hours.
PARCEL
Any quantity of land, consisting of one or more lots, that is capable of being described with such
definiteness, such as common ownership, that its location and boundaries can be defined.
PARKING AREA
Any public or private area designed for parking motor vehicles, including parking lots, garages, private
driveways, and legally designated areas of Borough streets.
PARKING AREA, SHARED
Joint use of a parking area by more than one use, business, or facility.
PARKING BAY
The parking module consisting of one or two rows of parking spaces and the aisle from which the motor
vehicles enter and leave the spaces.
PEDESTRIAN
An individual who travels on foot
PERMITTED USE
Any use of land or buildings permitted in a certain district by this chapter and subject to the restriction
applicable to that district.
PERSON
Any individual, firm, partnership, association, corporation, company or organization of any kind.
PHARMACY
An establishment where prescription and nonprescription drugs are prepared and dispensed. See also
"drugstore."
PLACE OF WORSHIP
See "church."
PLAT
A map of a subdivision or site plan.
PLAT, FINAL
The map of all or a portion of a development (subdivision or site plan) which is submitted and presented to
the approving authority for final approval.
PLAT, INFORMAL
The concept, informal map of a proposed development of sufficient accuracy which is submitted for
purposes of nonbinding discussion and clarification.
PLAT, PRELIMINARY
The map indicating the proposed layout of a development (subdivision or site plan) which is submitted to
the approving authority for preliminary approval.
PORCH
A roofed, open structure, which may be screen, usually attached to or part of and with direct access to or
from a building.
PREMISES
A lot, parcel, tract or plot of land, together with the buildings and structures thereon.
PRINCIPAL USE
The main purpose for which any lot and/or building is used.
PROFESSIONAL OFFICE
The office of a member of a recognized profession which shall be professional in character and require at
least a bachelor's degree from an accredited college or university and licensing, training and experience as
a condition for the practice thereof. The issuance of New Jersey or local license for regulation of an
occupation shall not alone be deemed indicative of professional standing. When such office is combined
with a residence, the conditions of a home personal office or home professional office shall apply.
PROPERTY
A lot, parcel, or tract of land, together with the building and structures located thereon.
PROPERTY
See "lot line."
PUB
See "bar."
PUBLIC HEARING
A meeting announced and advertised in advance, in accordance with all required laws, and open to the
public, where the public is given an opportunity to talk and participate.
PUBLIC NOTICE
The advertisement of a public hearing in a paper of general circulation and through other media sources,
indicating the time, place and nature of the public hearing and where and when the application and
pertinent documentation may be inspected.
PUBLIC PURPOSE
The use of land and/or buildings by a municipal, county, state or federal agency or authority.
QUORUM
A majority of the full authorized membership of a board or agency.
RECYCLING
The process by which waste products are reduced to raw materials and transformed into new and often
different products.
REHABILITATION
The upgrading of a building previously in a dilapidated or substandard condition for human habitation or
use.
REMODEL
To construct an addition or alter the design or layout of a building or make substantial repairs or alterations
so that a change or modification of the entrance facilities, toilet facilities, or vertical access facilities is
achieved.
RENT
A periodic payment made by a tenant to a landlord for the use of land, buildings, structures, or other
property, or portions thereof.
REPAIR
Any work done on an improvement which:
A. Is not an addition to the improvement; and
B. Does not change the appearance of the exterior surface of any improvement.
REPLACEMENT
Repairs for which a building permit is required.
RESIDENCE
A home, abode, or place where an individual is actually living at a specific point in time.
RESIDENTIAL DENSITY
The number of dwelling units per acre of residential land.
RESTAURANT
A commercial establishment where food and drink are prepared, served and consumed primarily on the
premises. Take-out orders for food and drink placed either in person, by telephone, fax, or e-mail may be
prepared and served to the customer directly for consumption off site if this function is accessory to the
primary use of a restaurant and no drive-through facilities are provided.
RESTAURANT, FAST-FOOD
A commercial establishment whose principal business is the sale of foods or beverages in ready-to-
consume individual servings (usually served in paper, plastic, or other disposable containers) either for
carry-out or for consumption within the restaurant building whose design and principal method of operation
encourages high-turnover dining and where either:
A. Customers are not usually served their order by a restaurant employee at the same table or counter
where the items are consumed; or
B. The establishment contains a drive-through facility.
RESTORATION
The replication or reconstruction of a building's original architectural features.
RETAIL BANK
A depository or similar institution chartered by the federal government, the State of New Jersey or any
other state and authorized to do business in New Jersey which maintains hours of operation of no less
than six hours for five days each week and which engages principally in the receipt of deposits of currency,
checks or other items, the payment of withdrawals from savings, checking or similar accounts, the cashing
of checks, drafts and other items, the receipt of monies due to the bank, the issuance of cashiers’ checks,
treasurers’ checks and money orders and similar transactions.
[Added 12-3-2007 by Ord. No. 1440]
RETENTION BASIN
A pond, pool, or basin used for the permanent storage of water runoff.
RIGHT-OF-WAY
A strip of land acquired by reservation, dedication, forced dedication, prescription, or condemnation, and
intended to be occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipelines,
waterline, sanitary storm sewer and other similar uses.
ROOMING HOUSE
See "boarding house."
ROW HOUSE
See "dwelling, townhouse."
SADOMASOCHISTIC ABUSE
Flagellation or torture by or upon a human being who is nude or clad in undergarments or in revealing or
bizarre costumes, or the condition of one who is nude or so clothed and is being fettered, bound or
otherwise physically restrained.
SATELLITE DISH ANTENNA
A saucer- or circular-shaped antenna functioning as an antenna for reception of communications from a
transmitter or a transmitter relay located in planetary orbit. Such objects are also known as "satellite
dishes," "satellite earth stations" and "home video stations."
SCHOOL
Any building or part thereof which is designed, constructed, or used for education or instruction in any
branch of knowledge.
SCHOOL, PAROCHIAL
A school supported and controlled by a church or religious organization. See also "school, private."
SCHOOL, PRIVATE
Any building or group of buildings, the use of which meets New Jersey state requirements for elementary,
secondary, or higher education and which use does not secure the major part of its funding from public
sources.
SCREEN
A structure or planting providing a continuous view obstruction within the site or property consisting of
evergreen plants, fencing, wall, berming, or any harmonious combination thereof, the purpose of which is
to reduce the impact of noise or unsightly visual intrusion.
SENIOR CITIZEN HOUSING
Multifamily housing designed for the elderly. These types included but are not limited to:
A.
ASSISTED LIVING FACILITIES
Residences for the elderly that provide rooms, meals, personal care, and the supervision of self-
administered medication. Other services such as recreation, financial services, and transportation
may be provided as well.
B.
CONGREGATE HOUSING
Apartments or other rental dwellings, usually for elderly persons, designed to provide a supportive
environment with services such as dining, housekeeping, social and recreational activities, and
transportation but also to accommodate a relatively independent lifestyle.
C.
CONTINUING CARE RETIREMENT COMMUNITY
An age-restricted housing development that is planned, designed, and operated to provide a full-range
and continuum of accommodations and services for older adults, including independent living,
congregate housing, and medical care. Services vary on the needs of the patient and are contracted
for in exchange for the payment of monthly fees and a substantial entrance fee.
D.
LONG-TERM CARE FACILITY
An institution or distinct part of an institution that is licensed or approved to provide health care under
medical supervision for twenty-four or more consecutive hours to two or more patients. Such facilities
include skilled nursing facilities, nursing homes, intermediate care facilities, extended care facilities,
and hospices.
E.
RESIDENTIAL HEALTH CARE FACILITY
Residences usually occupied by frail elderly that provide rooms, meals, personal care and health
monitoring services under the supervision of a professional nurse that may provide other services
such as recreational, social and cultural activities, financial services and transportation. Residents
must be ambulatory and free of communicable diseases. Rooms and baths may be either private or
shared.
SETBACK
The distance between a building and any lot line.
SETBACK, AVERAGE
The mean setback from a common street right-of-way of all buildings within a specified distance of a
specific lot.
SETBACK LINE
That line which is the required minimum distance from any lot line and that establishes the building
envelope within which the principal structure must be erected or placed. The minimum yard requirements
shall be the minimum required setbacks. All setbacks from public streets shall be measured from the either
then existing right-of-way, unless the proposed right-of-way as shown on the adopted Master Plan is
greater, in which case the proposed right-of-way should be used.
SEXUAL CONDUCT
Human masturbation, sexual intercourse or any touching of the genitals, pubic areas or buttocks of the
human male or female or the breasts of the female, whether alone or between members of the same or
opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.
SHADE TREE
A tree, usually deciduous, planted primarily for overhead canopy.
SHARED DRIVEWAY
A single driveway serving two or more adjacent lots.
SHOPPING CENTER
A group of commercial establishments planned, constructed, and managed as a total entity, with customer
and employee parking provided on site, provision for goods delivery separated from customer access,
aesthetic considerations and protection from the elements, and landscaping and signage in accordance
with an approved plan.
SHOPPING CENTER, COMMUNITY
A shopping center that contains a junior department store, contains approximately 150,000 square feet of
gross leasable area, and is ranged in site size from 10 acres to 25 acres. Its clientele are within a ten-
minute drive of the center.
SHOPPING CENTER, NEIGHBORHOOD
A shopping center that generally offers goods necessary to meet daily needs, occupies no more than 10
acres, and has up to 100,000 square feet of gross leasable area. Its clientele are within a five-minute
driving radius from the center.
SHOPPING CENTER, REGIONAL
A shopping center that contains a wide range of retail and service establishments, occupies 50 to 100
acres of land, and has at least one or more anchor stores, and contains a total of more than 400,000
square feet of gross leasable area. Its clientele are drawn from within a forty-five-minute driving radius.
SHOPPING CENTER, SPECIALTY
A shopping center whose shops cater to a specific market and are linked together by an architectural,
historic, or geographic theme or by a commonality of goods and services. The specialty shopping center is
between 100,000 square feet and 200,000 square feet consisting of small shops.
SHRUB
Any woody plant, deciduous or evergreen, generally multistemmed, classified and sold by height or
spread, measured in inches or feet, and usually smaller than a tree.
SIDEWALK
A paved, surface, or leveled area, paralleling and usually separated from the street, used as a pedestrian
walkway.
SIGHT TRIANGLE
A triangular-shaped portion of land at the quadrants of street intersections where unobstructed visibility is
maintained along the intersecting streets, usually through a sight easement.
SIGNS
See Article
IX of this chapter for a complete list of sign definitions.
SITE
Any plot or parcel of land or combination of contiguous lots or parcels of land.
SITE PLAN
A development plan of one or more lots on which is shown the existing conditions of the lot such as
topography, vegetation, drainage, waterways; the proposed conditions of the lot such as buildings, drives,
parking areas, walkways, means of ingress and egress, landscaping, lighting, drainage facilities, and
screening; and any additional information needed by the approving authority to make an informed decision
on its approval.
SITE PLAN, EXEMPT
A site plan approval shall not be required for single-family detached or two-family dwellings unless such
dwellings involve a home occupation. Building alterations which do not involve a change in use, additional
parking or additional building area shall be exempt.
SITE PLAN, MAJOR
All site plans for new developments but not including those site plans defined as "minor" or "exempt."
SITE PLAN, MINOR
A site plan that does not adversely affect the development of the remainder of the tract or any adjoining
property. It involves fewer than five parking spaces, fewer than 500 additional square feet of floor area, or
an addition to the total lot coverage of less than 10%. Also, it does not involve the creation of more than 2
lots, any new street or any extension of the off-tract improvement.
SITE PLAN REVIEW
The examination of the specific development plans for a lot. The term "site plan approval" means a
requirement that the minor or major site plan be approved by the approving authority prior to the issuance
of a building permit or a certificate of occupancy.
SPECIFIED ANATOMICAL AREA:
A.
Less than completely and opaquely covered human genitals, pubic region, buttock or female breast
below a point immediately above the top of the areola.
B. Human genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY:
A. Human genitals in a state of sexual stimulation or arousal.
B. Any act of human masturbation, sexual intercourse or sodomy.
C. Fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.
STORY
The part of any building comprised between the level of one finished floor and the level of the next higher
finished floor or, if there is no higher finished floor, then that part between the highest finished floor and the
top of the roof beams.
STORY, HALF
Any space partially within the roof framing where the clear height of not more than 75% of such space
between the top of the floor beams and the structural ceiling is seven feet, six inches or more.
STREET
Any vehicle way which is an existing state, county, or municipal roadway or is shown on a plat hereto
approved pursuant to law or is approved by official action pursuant to N.J.S.A. 40:55D-1 et seq. or is
shown upon a plat that was duly filed and recorded in the office of the County Clerk prior to the
appointment of a Planning Board and the granting to such Board of the power to review the plats. Further,
the street includes the land between the right-of-way lines, whether improved or not, and may comprise
pavements, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the right-of-way
lines.
STREET LINE
The edge of the existing or future street right-of-way, whichever is wider, as shown on an adopted Master
Plan or Official Map or as required by this chapter, forming the dividing line between the street right-of-way
and the lot.
STREET TREE
A deciduous tree planted primarily to provide shade and visual harmony along a roadway with minimum
installation size of 13 feet in height, two and one half inch caliper and limbed to a minimum height of seven
feet.
STRUCTURE
A combination of materials to form a construction for occupancy, use, or ornamentation having a fixed
location on, above, or below the surface of land or attached to something having a fixed location on,
above, or below the surface of land.
STRUCTURE HEIGHT
See "building height."
STUDIO
The workshop of an artist, sculptor, photographer, or craftsperson.
SUBDIVISION
The division of a lot, tract, or parcel of land into two or more lots, tracts, or parcels or other divisions of land
for sale, development, lease, or preservation. The following are not considered subdivisions:
A. Divisions of land for agricultural purposes where resulting parcels are five acres or larger in size;
B. Divisions of property by testamentary or interstate provisions;
C. Divisions of property upon court order, including but not limited to judgments of foreclosure; and
D. Conveyance so as to combine existing lots by deed or other instrument.
SUBDIVISION, MAJOR
A subdivision not classified as a minor subdivision.
SUBDIVISION, MINOR
A subdivision of land that does not adversely affect the development of the remainder of the tract or any
adjoining property and does not involve:
A. The creating of more than two lots;
B. A planned development;
C. Any new street; or
D. The extension of any off-tract improvements.
TAVERN
See "bar."
TEMPORARY USE
A use established for a limited time duration with the intent to discontinue such use upon expiration of the
time period. Such uses do not involve the construction or alteration of any permanent building or structure.
Unless a use is expressly permitted or permissible as a permanent use in a district pursuant to the
provisions of this chapter, the temporary use is not permitted.
TERRACE
A level, landscaped and/or surfaced area adjacent to a principal building at or within one foot of the mean
finished grade and not covered by a permanent roof nor used to park any motor or recreational vehicles.
THEATER
A building or portion thereof devoted to showing motion pictures or for dramatic, musical, or other live
performances. Seating shall be provided for all patrons in an auditorium manner. All sitting areas shall be
visible and unobstructed.
THOROUGHFARE
Any public or private street, alley, walkway or parking facility accessible to the public.
TOT-LOT
An improved and equipped play area for small children usually up to elementary school age.
TRACT
An area, parcel, site, piece of land, or property that is the subject of a development application.
TREE
Any large, woody plant, deciduous or evergreen, having one or more self-supporting stems or trunks and
numerous branches.
USE
The purpose or activity for which land or buildings are designed, arranged, or intended or for which the
land or buildings are occupied or maintained.
UTILITY
Services, including but not limited to sewage treatment, water supply, gas, electric, telephone and cable
television.
VACANCY
Any unoccupied land, structure, or part thereof that is available and suitable for occupancy.
VARIANCE
Permission to depart from the literal requirements of a zoning ordinance.
VEGETATION
Any plant material, including grasses, shrubs, and trees.
VEHICLE SALES
The use of any building, land, or other premises for the display and sales of new or used trailers,
recreational vehicles, off-road vehicles, including any vehicle preparation or repair work conducted as an
accessory use only. See also "automobile sales."
WAIVER
Permission to depart from the requirements of an ordinance with respect to submission or required
documentation or minor design elements.
YARD
An open space extending between the closest point of any building and any lot line. The minimum required
yard as set forth in this chapter is unoccupied and unobstructed from the ground upward. All yard
dimensions shall be measured horizontally and at right angles to either a straight street line, lot line or
building facade or perpendicular to the point of tangent of curved lines and facades.
YARD, FRONT
The area extending across the full width of the lot between the street lot line and a line parallel to the street
line through the nearest point of the principal building to the street lot line. No residential accessory uses
are permitted within the front yard.
YARD, REAR
The open space extending across the full width of the lot between the rear lot line and a line parallel to the
rear lot line through the nearest point of the principal building to the rear lot line. All residential accessory
uses must be located in the rear or side yard.
YARD, REQUIRED
The open space between a lot line and the yard line within which no structure shall be located except as
provided in this chapter .
YARD, SIDE
An open space extending from the front yard to the rear yard and lying between each side lot line and the
building, measured perpendicular from the side lot line to the nearest point of the principal building. All
residential accessory uses must be located in the rear or side yard.
ZERO LOT LINE
The location of a building on a lot in such a manner that one or more of the building's sides rest directly on
a lot line.
ZONING PERMIT
A document signed by the Borough's Zoning Officer, as required in this chapter, as a condition precedent
to the commencement of a use or the erection, construction, reconstruction, restoration, alteration,
conversion, or installation of a structure, sign, or building that acknowledges that such use, structure, sign,
or building complies with the provisions of this chapter or authorized variance.
[1]
Editor's Note: See Ch. 135, Construction Codes, Uniform.
Article III. Administration and Enforcement
§ 141-5. Interpretation of provisions; provisions to be minimum
standards.
These rules, regulations and standards shall be considered the minimum requirements for the protection of the
public health, safety and welfare of the citizens of the Borough. Any action taken under the terms of this
chapter shall give primary consideration to the welfare of the entire community.
§ 141-6. Planning Board.
A.
Establishment. A Planning Board is hereby established pursuant to the provisions of the New Jersey
Municipal Land Use Law, N.J.S.A. 40:55D-23 et seq.
B. Membership. The Planning Board shall consist of nine regular members, plus two alternate members. All
members, except the Class II member, shall be residents of the Borough. The two alternate members
must meet the qualifications of Class IV members. The members of the Board shall be appointed by the
Mayor, except that the Class III member shall be appointed by the Board of Commissioners. The classes
are defined as:
(1) Class I. The Mayor or the Mayor's designee in the absence of the Mayor.
(2) Class II. One of the officials of the municipality other than a member of the Board of Commissioners or
a member of the Environmental Commission in the event that among the Class IV members there is
both a member of the Zoning Board of Adjustment or Historic Preservation Commission and the Board
of Education.
[1]
[1]
Editor's Note: In accordance with N.J.S.A. 40:55D-23 and 40:56A-1.
(3) Class III. A member of the Board of Commissioners.
(4) Class IV. Other citizens of the Borough who hold no other municipal office, except one member may
be a member of the Zoning Board of Adjustment or Historic Preservation Commission. Also, one
member may be a member of the Board of Education.
C. Terms of office.
(1) The terms of the regular members of the Planning Board shall be as follows:
(a) Class I. The term for this member shall correspond to the Mayor's official tenure.
(b) Class II. One year or upon completion of their respective terms of office, whichever occurs first,
except the member who is also a member of the Environmental Commission, which shall be three
years or upon completion of the term of office as a member of the Environmental Commission.
(c) Class III. One year or upon completion of their respective terms of office, whichever occurs first.
(d) Class IV. Four years, except that upon the adoption of this chapter, the present members of the
Planning Board now holding office shall continue therein until present terms expire. For members
who are also a member of the Board of Adjustment or Board of Education, their term shall end
when either the membership on the other Board expires or their Planing Board term ends,
whichever is first.
(2) Any regular Planning Board member, except a Class I member, may be removed by the Board of
Commissioners, after a public hearing at his/her request, for just cause.
(3) Vacancies of Planning Board members shall be filled as provided for above for the unexpired term.
D. Alternate members. Alternate members shall be designated as "Alternate No.1" and "Alternate No. 2" at
the time of appointment. A vacancy occurring otherwise than by term of office, shall be filled for the
unexpired term only. Alternate members may participate in discussions or proceedings but may only vote
in the absence or disqualification of a regular member of any class. A vote shall not be delayed in order
that a regular member may vote instead of an alternate member. In the event that a choice should be
made as to which alternate member shall vote, Alternate No. 1 shall vote.
E. Zoning Board of Adjustment as temporary members. If the Planning Board lacks a quorum because any of
its regular or alternate members are prohibited by §
141-8A of this chapter from acting on a matter due to
personal or financial interest therein, regular members of the Zoning Board of Adjustment shall be called to
serve, for that matter only, as temporary members of the Planning Board, in order of seniority of
continuous service to the Board of Adjustment, until there are a minimum number of members necessary
to constitute a quorum. If a choice has to be made between regular members of equal seniority, the
Chairman of the Board of Adjustment shall make the decision.
F. Rules and organization.
(1) The Planning Board shall elect a Chairman and Vice Chairman from the Class IV members.
(2) A Secretary and an Assistant Secretary, who may or may not be a member or alternate member of
the Planning Board or a Borough employee, shall be selected.
(3) The Planning Board may employ or contract for and fix the compensation of or agree upon the rate of
compensation for a Planning Board Attorney, who shall be an attorney other than the Municipal
Attorney, a civil engineer, a planning consultant and any other staff, services and experts it may deem
necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Board of
Commissioners for such purpose.
G. Powers and duties. The Planning Board shall adopt such rules and regulations as are necessary to carry
out its duties as well as the provision and purposes of this chapter. The Board shall also have the following
powers and duties:
(1) To make, adopt, and amend a Master Plan for the physical development of the Borough in
accordance with provisions of N.J.S.A. 40:55D-28.
(2) To administer the provisions of this chapter.
(3) To review conditional use applications in accordance with the provisions of this chapter pursuant to
N.J.S.A. 40:55D-67.
(4) To participate in the preparation and review of programs and plans required by state or federal law
and regulation.
(5) To assemble data on a continuing basis as part of a continuing planning process.
(6) To annually prepare a program of municipal capital improvement projects, projected over a term of six
years, and amendments thereto, and recommend the same to the Board of Commissioners.
(7) To consider and make a report to the Board of Commissioners within 35 days after referral as to any
proposed development regulations submitted to it pursuant to the provisions of N.J.S.A. 40:55D-26a
and also pass upon other matters specifically referred to the Planning Board by the Board of
Commissioners pursuant to the provisions of N.J.S.A. 40:55D-26b
(8) When reviewing applications for approval of subdivision plats, site plans, or conditional uses, to grant
to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
(a) Variances pursuant to N.J.S.A. 40:55D-70c.
(b) Direction pursuant to N.J.S.A. 40:55D-34 for issuance of a permit for a building or structure in the
bed of a mapped street or public drainageway, flood control basin, or public area preserved
pursuant to N.J.S.A. 40:55D-32
(c) Direction pursuant to N.J.S.A. 40:55D-36 for the issuance of a permit for a building or structure
not related to a street.
(9) Whenever relief is requested pursuant to this subsection, to include on the notice for a hearing on the
application for development a reference to the request for a variance or direction for issuance of a
permit.
(10) To perform such other advisory duties as are assigned to it by ordinance or resolution of the Board of
Commissioners for aid and assistance of the Board of Commissioners or other agencies or officers.
H. Citizens' Advisory Committee. The Mayor may appoint one or more persons as a Citizens' Advisory
Committee to assist or collaborate with the Planning Board in its duties, but such person(s) shall not have
the power to vote or take other action required of the Board.
I.
Environmental Commission. Whenever the Environmental Commission has prepared and submitted to the
Planning Board an index of the natural resources of the Borough, the Planning Board shall make available
to the Environmental Commission an informational copy of every application for development to the
Planning Board. Failure of the Planning Board to make such an informational copy available to the
Environmental Commission shall not invalidate any hearing or proceeding.
§ 141-7. Zoning Board of Adjustment; appeals procedure.
A. Establishment. A Zoning Board of Adjustment, also referred to as the "Board of Adjustment," is hereby
established, pursuant to N.J.S.A. 40:55D-69 et seq.
B. Membership. The Board of Adjustment shall consist of seven persons, plus two alternates, all of whom
shall be residents of the Borough and appointed by the Mayor.
C. Terms of office. The members of the Zoning Board of Adjustment shall serve for terms of four years.
Nothing in this section shall be construed to effect the term of current members of the Zoning Board of
Adjustment, all of whom shall continue in office until present terms expire. The following also are
applicable to all members of the Zoning Board of Adjustment.
(1) No member of the Board of Adjustment may hold any elective office or position in the Borough.
(2) Any regular Zoning Board of Adjustment member may be removed by the Board of Commissioners,
after a public hearing at his/her request, for just cause.
(3) A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term only.
D. Alternate members. Alternate members shall be designated as "Alternate No. 1" and "Alternate No. 2" at
the time of appointment. The term of each alternate member is two years. A vacancy occurring otherwise
than by term of office shall be filled for the unexpired term only. Alternate members may participate in
discussions or proceedings but may only vote in the absence or disqualification of a regular member. A
vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the
event that a choice should be made as to which alternate member shall vote, Alternate No. 1 shall vote.
E. Planning Board as temporary members. If the Zoning Board of Adjustment lacks a quorum because any of
its regular or alternate members are prohibited by §
141-8A of this chapter from acting on a matter due to
personal or financial interest therein, Class IV members of the Planning Board shall be called to serve, for
that matter only, as temporary members of the Board of Adjustment, in order of seniority of continuous
service to the Board of Adjustment, until there are a minimum number of members necessary to constitute
a quorum. If a choice has to be made between Class IV members of equal seniority, the Chairman of the
Planning Board shall make the decision.
F. Rules and organization.
(1) The Zoning Board of Adjustment shall elect a Chairman and Vice Chairman from its membership
(2) A Secretary and an Assistant Secretary, who may or may not be a member or alternate member of
the Zoning Board of Adjustment or a Borough employee, shall be selected.
(3) The Zoning Board of Adjustment may employ or contract for, and fix the compensation of or agree
upon the rate of compensation for a Zoning Board of Adjustment Attorney, who shall be an attorney
other than the Municipal Attorney, a civil engineer, a planning consultant and any other staff, services
and experts it may deem necessary, not exceeding, exclusive of gifts or grants, the amount
appropriated by the Board of Commissioners for such purpose.
G. Powers and duties. The Zoning Board of Adjustment shall adopt such rules and regulations as are
necessary to carry out its duties as well as the provision and purposes of this chapter. The Board of
Adjustment shall follow the provisions of N.J.S.A. 40:55D-69 et seq., including:
(1)
To hear and decide appeals where it is alleged by the appellant that there is an error in any order,
requirement, decision, or refusal made by an administrative officer based on or made in enforcement
of the zoning provisions of this chapter.
(2) To hear and decide, in accordance with the provisions of this chapter, requests for interpretation of the
Zoning Map or zoning provisions of this chapter or for decisions upon other special questions which
such Board is authorized to pass by any other zoning provisions of this chapter.
(3) Hardship and flexible variances.
(a) Where, by reason of exceptional narrowness, shallowness or shape of a specific piece of
property or by reason of exceptional topographic conditions or physical features uniquely
affecting a specific piece of property or by reason of an extraordinary and exceptional situation
uniquely affecting a specific piece of property or the structures lawfully existing thereon the strict
application of any regulation pursuant to the zoning provisions of this chapter would result in
peculiar and exceptional practical difficulties to or exceptional and undue hardship upon the
developer of such property, to grant, upon an application or an appeal relating to such property, a
variance from such strict application of such regulation so as to relieve such difficulties or
hardship.
(b) Where, in an application or appeal relating to a specific piece of property the purposes of this
chapter would be advanced by a deviation from the zoning requirements and the benefits of the
deviation would substantially outweigh any detriment, to grant a variance to allow departure from
regulations pursuant to the zoning provisions of this chapter; provided, however, that no variance
from those departures enumerated in Subsection
G(4) of this section shall be granted under this
subsection; and provided, further, that the proposed development does not require approval by
the Planning Board of a subdivision, site plan or conditional use in conjunction with which the
Planning Board has power to review a request for a variance pursuant to §
141-6G(8).
(4) Use variances.
(a) In particular cases and for special reasons, to grant a variance to allow departure from
regulations pursuant to this chapter to permit: a use or principal structure in a district restricted
against such use or principal structure; an expansion of a nonconforming use; deviation from a
specification or standard pertaining solely to a conditional use; an increase in the permitted floor
area ratio as defined in this chapter; an increase in the permitted density, except as applied to the
required lot area for a lot or lots for detached one- or two-dwelling-unit buildings, which lot or lots
are either an isolated undersized lot or lots resulting from a minor subdivision; or a height of a
principal structure which exceeds by 10 feet or 10% the maximum height permitted in the district
for a principal structure. A variance under this subsection shall be granted only by affirmative vote
of at least five members of the Board of Adjustment.
(b) If an application for development requests one or more variances but not a variance for a purpose
enumerated in Subsection
G(4)(a) of this section, the decision on the requested variance or
variances shall be rendered under §
141-7G(3).
(c) No variance or other relief may be granted under the terms of this Subsection
G(4) or the
preceding Subsection
G(3) unless such variance or other relief can be granted without substantial
detriment to the public good and will not substantially impair the intent and the purpose of the
zone plan and zoning provisions of this chapter.
(5) The Zoning Board of Adjustment, when hearing appeals and reviewing applications, shall have the
power, pursuant to N.J.S.A. 40:55D-76, to:
(a) Direct issuance of a permit pursuant to N.J.S.A. 40:55D-34 for a building or a structure in the bed
of a mapped street or public drainageway, flood control basin, or public area preserved pursuant
to N.J.S.A. 40:55D-32.
(b) Direct issuance of a permit pursuant to N.J.S.A. 40:55D-36 for a building or structure not related
to a street.
(6) The Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the
same restrictions as the Planning Board, subdivision, site plan approval or conditional use approval
whenever the Board of Adjustment is reviewing an application for approval of a use variance.
(7) The Zoning Board of Adjustment shall have the power to grant nonconforming use certifications
pursuant to the provisions of N.J.S.A. 40:55D-68.
H. Appeals and applications.
(1) Appeals to the Board of Adjustment may be taken by any interested party within 20 days of the action
by the officer from whom the appeal was taken. Three copies of the notice shall be filed with the
Borough Clerk specifying the grounds for the appeal. The officer from whom the appeal is taken shall
transmit to the Board all the papers constituting the record.
(2) Applications to the Board of Adjustment without prior application to an administrative officer shall be
filed with the Borough Clerk. Three copies of the application shall be filed, along with all plot plans,
maps or other papers required by this chapter or any rule of the Board of Adjustment.
(3) An appeal stays all proceedings unless the officer from whom the appeal is taken certifies to the
Board of Adjustment that, by reason of facts stated in the certificate, a stay would, in his opinion,
cause imminent peril to life or property. In such cases, proceedings shall not be stayed otherwise than
by restraining order, which may be granted by the Board of Adjustment or by the Superior Court of
New Jersey on application or notice to the officer from whom the appeal is taken and on due cause
shown.
(4) Any application may be referred to any person or agency for its report, provided that such reference
shall not extend the period of time within which the Board of Adjustment shall act.
I.
Power to reverse or modify decisions. The Board of Adjustment may reverse or affirm, wholly or partly, or
modify the order, requirement, decision or determination appealed from and make such other requirement,
decision or determination as ought to be made and to that end have all the powers of the administrative
officer from whom the appeal was taken.
J.
Time for decision. The Board of Adjustment shall render its decision not later than 120 days after the date
an appeal is taken from the decision of an administrative officer or not later than 120 days after the
submission of a complete application for development without prior application to the administrative officer.
Failure of the Board to render a decision within such further time as may be consented to by the applicant
shall constitute a decision favorable to the applicant.
K. Expiration of variance. In the granting of bulk and use variances, a time limit of one year from the date of
the variance approval shall be set, within which time the owner shall secure a building permit; otherwise,
the variance granted shall be null and void. The approving authority may, for good cause shown, extend
the period for securing a building permit for an additional period not exceeding six months.
§ 141-8. Administrative procedures for Planning Board and the Board
of Adjustment.
A. Conflicts of interest. No member of the Planning Board or Zoning Board of Adjustment shall act on any
matter in which he or she has, either directly or indirectly, any personal or financial interest. Whenever any
member shall disqualify himself from acting on a particular matter, he or she shall not continue to sit with
the Board on the hearing of such matter or participate in any discussion or decision relating thereto.
B. Meetings.
(1) Meetings for both Boards shall be scheduled no less than once a month, and any meeting shall be
held as scheduled unless canceled for lack of applications for development to process.
(2) Special meetings may be called by the Chairman or on request of any two Board members, provided
that there is notice to the members and public in accordance with all applicable legal requirements.
(3) No action shall be taken at any meeting without a quorum being present. All actions shall be by
majority vote of a quorum, except where a specified portion of the full authorized membership is
required by N.J.S.A. 40:55D-26, 40:55D-34 and 40:55D-70d.
(4) All meetings shall be open to the public. Notice of meetings shall be given in accordance with the
Open Public Meetings Law, P.L. 1975, c. 231.5.
[1]
[1]
Editor's Note: See N.J.S.A. 10:4-6 et seq.
C. Minutes. Minutes of regular and special meetings shall be kept and shall include the names of persons
appearing and addressing the Board and of persons appearing by attorney, the action taken, the findings,
if any, and the reasons therefor. The minutes shall be made available for public inspection during normal
business hours at the office of the Borough Clerk. Any interested party shall have the right to compel
production of the minutes and shall be charged a fee for their reproduction.
D. Hearings.
(1) Rules. The Planning Board and Zoning Board of Adjustment shall make rules governing the conduct
of hearings before such bodies, which rules shall not be inconsistent with the provisions of N.J.S.A.
40:55D-1 et seq. or of this chapter.
(2) Oaths. The officer presiding at the hearing or such person as he may designate shall have the power
to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of
relevant evidence, including witnesses and documents presented by the parties, and the provisions of
the County and Municipal Investigations Law, P.L. 1953, c. 38 (N.J.S.A. 2A:67A-1 et seq.), shall
apply.
(3) Testimony. The testimony of all witnesses relating to an application for development shall be taken
under oath or affirmation by the presiding officer, and the right of cross examination shall be permitted
to all interested parties through their attorneys, if represented, or directly, if not represented, subject to
the discretion of the presiding officer and to reasonable limitations as to time and number of
witnesses.
(4) Evidence. Technical rules of evidence shall not be applicable to the hearing, but the Board may
exclude irrelevant, immaterial or unduly repetitious evidence.
(5) Records. Each Board shall provide for the verbatim recording of the proceedings by either
stenographic, mechanical or electronic means. The Board shall furnish a transcript or duplicate
recording in lieu thereof on request to any interested party at his expense.
E. Notice requirements for hearings. Whenever a hearing is required: on an application for development
pursuant to N.J.S.A. 40:55D-et seq.; on an appeal or application to the Zoning Board of Adjustment under
the provisions of N.J.S.A. 40:55D-70a or b; pursuant to the determination of the municipal agency in
question; or for nonconforming use certifications pursuant to the provisions of N.J.S.A. 40:55D-68, the
applicant shall give notice thereof as follows:
(1) Public notice shall be given by publication in the official newspaper of the Borough at least 10 days
prior to the date of the hearing.
(2) Notice shall be given to the owners of all real property, as shown on the current tax duplicate or
duplicates, located in the state and within 200 feet in all directions of the property which is the subject
of such hearing and whether located within or without the municipality in which the applicant's land is
located. Such notice shall be given by serving a copy thereof on the owner as shown on the said
current tax duplicate or his agent in charge of the property or by mailing a copy thereof by certified
mail to the property owner at his address shown on the current tax duplicate. A return receipt is not
required. Notice to a partnership owner may be made by service upon any partner. Notice to a
corporate owner may be made by service upon its president, vice president, secretary or other
persons authorized by appointment or by law to accept service on behalf of the corporation, provided
that this requirement shall be deemed satisfied by notice to the condominium association, in the case
of any unit owner whose unit has a unit above or below it, or horizontal property regime, in the case of
any co-owner whose apartment has an apartment above or below it. Notice to a condominium
association, horizontal property regime, community trust or homeowners' association because of its
ownership of common elements or areas located within 200 feet of the property which is the subject of
the hearing may be made in the same manner as to a corporation without further notice to unit
owners, co-owners or homeowners on account of such common elements or areas.
(3) Notice of all hearings on applications for development involving property located within 200 feet of an
adjoining municipality shall be given by personal service or by certified mail to the Clerk of such
municipality, which notice shall be in addition to the notice required to be given pursuant to Subsection
(2) of this section to the owners of lands in such adjoining municipality which are located within 200
feet of the subject premises.
(4) Notice shall be given by personal service or by certified mail to the County Planning Board of a
hearing on an application for development of property adjacent to an existing county road or proposed
road, shown on the Official County Map or on the County Master Plan, adjoining other county land or
situate within 200 feet of a municipal boundary.
(5) Notice shall be given by personal service or by certified mail to the Commissioner of Transportation of
a hearing on an application for development of property adjacent to a state highway.
(6) Notice shall be given by personal service or by certified mail to the Director of the Division of State
and Regional Planning in the Department of Community Affairs of a hearing on an application for
development of property which exceeds 150 acres or 500 dwelling units. Such notice shall include a
copy of any maps or documents required to be on file with the Borough Clerk pursuant to Section 6b
of P.L. 1975, c. 291.11.
(7) All notices herein above specified in this section shall be given at least 10 days prior to the date fixed
for the hearing, and the applicant shall file an affidavit of proof of service with the Board holding the
hearing on the application for development.
(8) Any notice made by certified mail as herein above required shall be deemed to be complete upon
mailing in accordance with the provisions of N.J.S.A. 40:55D-14.
(9) Form of notice. All notices required to be given pursuant to the terms of this chapter shall state the
date, time and place of the hearing; the nature of the matters to be considered; the identification of the
property proposed for development by street address, if any, or by reference to lot and block numbers
as shown on the current tax duplicate in the Borough Tax Assessor's office; and the location and
times at which any maps and documents for which approval is sought are available as required by
law.
F. List of property owners furnished. Pursuant to the provisions of N.J.S.A. 40:55D-12c, the appropriate
administrative officer of the municipality, being the Borough Assessor or his or her designee, shall, within
seven days after receipt of a request therefor and upon receipt of payment of a fee not to exceed $0.25
per name or $10, whichever is greater, make and certify a list from the current tax duplicate of the names
and addresses of owners to whom the applicant is required to give notice pursuant to Subsection
E(2) of
this section of this section.
G. Decisions.
(1) Each decision on any application for development shall be set forth in writing as a resolution of the
Board, which resolution shall include findings of fact and legal conclusions based thereon.
(2) A copy of the decision shall be mailed by the Board, within 10 days of the date of decision, to the
applicant or, if represented, then to his attorney, without separate charge. A copy of the decision shall
also be mailed to all persons who have requested it and who have paid the fee prescribed by the
Board for such service. A copy of the decision shall also be filed in the office of the Borough Clerk,
who shall make a copy of such filed decision available to any interested party upon payment of a fee
calculated in the same manner as those fees established for copies of other public documents in the
municipality.
H. Publication of decisions. A brief notice of every final decision shall be published in the official newspaper of
the municipality. Such publication shall be arranged by the Secretary of the Planning Board or Zoning
Board of Adjustment, as the case may be, without separate charge to the applicant. Said notice shall be
sent to the official newspaper for publication within 10 days of the date of any such decision.
I.
Payment of taxes. Pursuant to the provisions of N.J.S.A. 40:55D-39 and 40:55D-65, every application for
development submitted to the Planning Board or to the Zoning Board of Adjustment shall be accompanied
by proof that no taxes or assessments for local improvements are due or delinquent on the property which
is the subject of such application; or if it is shown that taxes or assessments are delinquent on said
property, the Planning Board or Zoning Board of Adjustment, in its sole discretion, may elect to proceed
with the application, and any approvals or other relief granted by either Board shall be conditioned upon
either the prompt payment of such taxes or assessments or the making of adequate provision for the
payment thereof in such manner that the municipality will be adequately protected.
J. Appeals. All appeals of any final decision of the Board of Adjustment or the Planning Board on any class of
application for development shall be made to the New Jersey Superior Court.
Article IV. Enforcement and Review by Other Agencies
§ 141-9. Effect on outstanding permits, approvals and variances.
Nothing in this chapter shall require any change in a building permit or zoning variance which was approved
before the enactment of this chapter, provided that construction shall have been started within six months from
the effective date of this chapter and that the project shall be continuously pursued to completion; otherwise
said approvals and permits shall be void.
§ 141-10. Zoning Officer to enforce; compliance required prior to
issuance of zoning permit and certificate of occupancy.
A. It shall be the duty of the Zoning Officer to administer and enforce the zoning provisions of this chapter.
B. All requirements of this chapter shall be met at the time of any erection, enlargement, moving or change in
use. All developments resulting from approved subdivision plats, approved site plans or variances granted
by the approving authority shall comply with all the design and performance standards, including
conditions imposed by the approving authority as shown on the approved plat or included in the resolution
adopted by the approving authority. No certificate of occupancy for the new occupant shall be issued until
a zoning permit has been issued indicating compliance with this provision.
§ 141-11. Violations and penalties; civil actions.
A. Except as may be provided in New Jersey statute, any person or persons, partnership or corporation
violating any of the provisions of this chapter shall be subject to a fine not to exceed $1,000, imprisonment
in the county jail for a term not to exceed 90 days or a period of community service not to exceed 90 days,
or any combination thereof, in the discretion of the court. Each day on which any of the provisions of this
chapter shall be violated shall constitute a separate offense.
B. In addition, the Borough may institute and maintain a civil action for injunctive relief to, inter alia, restrain
any violation of this chapter, to correct or abate the same, to prevent occupancy of land in violation thereof,
to prevent a conveyance in violation thereof or prevent any act in violation thereof or to set aside and
invalidate any conveyance made without compliance with this chapter. The Borough shall also have all of
the remedies afforded by N.J.S.A. 40:55D-55.
§ 141-12. Compliance required; effect of County Planning Board
approval.
The applicant shall comply with reasonable conditions laid down by the approving authority for design,
dedication, improvements and the use of the land to conform to the physical and economical development of
the municipality and to the safety and general welfare of the future residents/owners in the development and
the community at large. Where County Planning Board review or approval is required on a subdivision or site
plan, the approving authority shall condition any approval it grants upon either timely receipt of a favorable
report by the County Planning Board or approval by the County Planning Board due to its failure to submit a
report within the required time period. If the county's report is negative or attaches conditions, the original
action by the municipal approving authority shall be null and void and a new resolution shall be adopted which
considers the County Planning Board's report.
Article V. Schedule of Fees, Escrows, and Guarantees
§ 141-13. Fees; escrow.
The developer shall, at the time of filing a submission, pay the following nonrefundable fees to the Borough.
For proposals involving more than one use, a fee shall be paid equaling the sum of the fees for the component
elements of the plat. For proposals requiring a combination of approvals, such as subdivision, site plan and/or
a variance, a fee shall be paid totaling the full fee of the approval with the highest fee, plus 1/2 the fee of the
next highest approval required and nothing for additional approvals.
A. Subdivision.
(1) An informal plat: $50, plus $30 per lot, up to 20 lots.
(2) A preliminary plat: $200, plus $30 per lot.
(3) A final plat: $50, plus $10 per lot.
B. Site plan.
(1) An informal plat: 1/2 the preliminary site plan fee.
(2) A preliminary site plan:
(a) Residential:
[1] Ten dollars per unit.
[2] The minimum fee: $100.
[3] The maximum fee: $1,000.
(b) Commercial/industrial and other:
[Amended 3-3-2002 by Ord. No. 1306]
[1] The minimum fee: $500.
(c) Freestanding or lighted signs not included in other site plans: $25.
(3) A final site plan: 1/2 the preliminary site plan fee.
C. Variances and other appeals.
(1) To hear and decide appeals: $100.
[Amended 3-3-2002 by Ord. No. 1306]
(2) Conditional uses: $150.
(3) Interpretation of the Zoning Map: $25.
(4) Variance from outdoor cafe, merchandise/planting requirements: $50.
(5) A hardship variance: $50.
(6) A use variance:
(a) Residential: $100 per dwelling unit.
[Amended 3-3-2002 by Ord. No. 1306]
(b) Other uses: $20 per acre, with a minimum of $100 and a maximum of $1,000.
(7) A building permit in conflict with the Official Map or a building permit for a lot not related to a street:
$50.
D. A minor subdivision application: $100, plus $15 per lot.
[Amended 3-3-2002 by Ord. No. 1306]
E. A zoning permit:
[Amended 8-10-2009 by Ord. No. 1468]
(1) Residential: $10.
(2) Commercial: $25.
F. Outdoor cafe application fee: $50.
G. Professional escrows.
(1) Generally, this section of this chapter includes all escrow sums required in connection with any
application under this chapter. These escrow sums are in addition to the fees required by Subsections
A,
B and
C above which are designed to cover the administrative costs incurred by the Borough in
processing applications. These escrow sums are also in addition to the inspection fees and guaranty
requirements contained in §
141-11 of this article. Both the above stated fees and the escrow sums
required by this section are nonrefundable in nature. The escrow sums are designed to pay the cost of
professional review by the engineer, solicitor or other professionals employed by the reviewing agency
to review and make recommendations on an applicant's application for development. At the time of
submitting his application and plans to the administrative officer, the applicant shall be required to
execute an escrow agreement between the applicant and the reviewing agency to cover the costs of
technical and professional review of the application for development. Said escrow agreement shall be
in the form approved by the Solicitor of the Borough of Collingswood. The escrow agreement shall
provide that the applicant pay all necessary and reasonable costs incurred by the technical and
professional staff employed by the reviewing agency for review of the applicant's application for
development. The sums specified below are estimates which shall be posted prior to consideration by
the reviewing agency or its staff of that stage of the applicant's review process indicated. In the event
that more than the sums specified below are required to pay the reasonable cost incurred, the
applicant shall, prior to being permitted to take the next step in the approval procedure or in any
element of his project, pay all additional sums required. In the event that the escrow sums posted are
more than those required, the excess funds shall be returned to the applicant within 14 days of the
issuance of an occupancy permit for any element of the project. Prior to issuance of an occupancy
permit for any element of the project seeking approval under this chapter, the administrative officer
shall determine from the professional staff employed by the reviewing agency in the review of the
applicant's application for development whether there are any additional sums required to be paid
from the escrow fund established. In the event that there are, the administrative officer shall so notify
the Borough Treasurer of the amounts to be held in that account. The administrative officer shall
determine the position of all escrow accounts, and where additional funds are required, it shall be the
obligation of the administrative officer to so notify the applicant of the amounts needed and to properly
make all payments required to be made under this section of this chapter. In addition to these terms,
the escrow agreement may require any other additional terms which are agreed to by the applicant
and the reviewing agency.
(2) Schedule of escrow sums.
(a) A minor subdivision, escrow fee: $1,250.
[Amended 3-7-2005 by Ord. No. 1373]
(b) A minor site plan, escrow fee: $1,250.
[Amended 3-7-2005 by Ord. No. 1373]
(c) A preliminary major subdivision, escrow fee: $1,500.
(d) A preliminary major site plan, escrow fee: $1,200.
(e) A final major subdivision, escrow fee: $750.
(f) A final major site plan, escrow fee: $750.
(g) Appeals to the Zoning Board and requests for interpretation: $100.
(h) Use variances, escrow fees.
[1] Residential: $150.
[2] Commercial: $175.
[3] Industrial: $250.
(i) Bulk variances, escrow fees.
[1] Residential: $100.
[2] Commercial: $150.
[3] Industrial: $150.
(j) Conditional use, escrow fee: $100.
(k) Rezoning, escrow fee: $1,000.
(l) Vacant property extension application: $25.
(m) Nonconforming use certifications: $100.
(3) Revised site plan or subdivision. The applicant will be required for each refiling of plans not requiring a
new application to post an additional sum equal to 1/4 of the escrow fee normally established for the
proposal as set forth above.
(4) Rules of construction.
(a) Cumulative sum. Where an applicant submits an application involving a combination of approvals,
i.e., a subdivision application submitted, together with a variance request, the fees and escrow
sums provided in Subsection F(2) of this section for each category of approval sought shall be
posted. Therefore, the fees and escrow sums under this section shall be deemed cumulative in
nature.
(b) Waiver. The reviewing board shall have the power in appropriate cases to compromise or waive
the escrow sums required in Subsection F(2) of this section where an applicant shall present to
the reviewing board sufficient proof that the cost incurred by the Borough would not necessitate
posting of the specified sums.
§ 141-14. Performance and maintenance guaranties; inspections.
A. Before the recording of final subdivision plats or as a condition of final site plan approval or as a condition
to the issuance of a zoning permit pursuant to Section 52d of this Act,
[1] the approving authority may
require and shall accept, in accordance with the standards adopted by ordinance for the purpose of
assuring the installation and maintenance of on-tract improvements:
(1) The furnishing of a performance guaranty in favor of the municipality in an amount not to exceed
120% of the cost of installation for improvements it may deem necessary or appropriate, including
streets, grading, pavement, gutters, curbs, sidewalks, streetlighting, surveyor's monuments as shown
on the final map and required by the Map Filing Law, P.L. 1960, c.141 (N.J.S.A. 46:23-9.9 et seq.),
water mains, culverts, storm sewers, sanitary sewers or other means of sewage disposal, drainage
structures, erosion control and sedimentation control devices and public improvements of open space.
(2) Provision for a maintenance guaranty to be posted with the governing body for a period not to exceed
two years after final acceptance of the improvement, in an amount not to exceed 15% of the cost of
the improvement. In the event that other governmental agencies or public utilities to be installed or the
improvements are covered by a performance or maintenance guaranty to another governmental
agency, no performance or maintenance guaranty, as the case may be, shall be required by the
municipality for such utilities or improvements.
[1]
Editor's Note: See N.J.S.A. 40:55D-65.
B. The provisions of N.J.S.A. 40:55D-53b, c, d, e, f and g shall be applicable to such performance and
maintenance guaranties.
C. Prior to construction of any of the improvements referred to in Subsection
A(1) of this section, the
developer shall arrange for a preconstruction conference between the developer, the contractor and the
Municipal Engineer. The Municipal Engineer shall be notified, by certified mail, by the developer at least 72
hours in advance of the start of construction. The cost of inspections shall be the responsibility of the
developer, who shall reimburse the Borough for all reasonable inspection fees by submitting a certified
check or bank money order to the Borough Clerk. This fee shall be in addition to the amount of the
performance guaranty and all application fees, as outlined above, and shall be deposited initially in
accordance with the following schedule. The funds shall be deposited in an interest-bearing escrow
account. Upon completion of the development and all inspections, the developer shall receive an
accounting of the expended funds. Any unspent funds shall be returned to the developer. Should the initial
deposit be insufficient to cover inspection costs, the developer shall deposit additional sums upon notice
from the Borough Clerk, each additional deposit being in amounts not to exceed 50% of the initial deposit:
Estimated Construction Cost
Inspection Fee
Under $5,000
$350.00
$5,000 to $10,000
$350.00, plus 5% of the excess over $5,000
$10,000 to $50,000
$600.00, plus 4 1/2% of the excess over $10,000
$50,000 to $75,000
$2,400.00, plus 4% of the excess over $50,000
$75,000 to $100,000
$3,400.00, plus 3 1/2% of the excess over $75,000
Over $100,000
$4,275.00, plus 3% of the excess over $100,000
D. The provisions of Subsection
C above shall not be applicable to municipal, county, state or federal uses.
E. No construction referred to in Subsection
C above shall be done without permission from and inspection
by the Municipal Engineer. No underground installation shall be covered until inspected and approved. The
Municipal Engineer's office shall be notified after each of the following phases of the work has been
completed so that he may inspect the work: road subgrade; curb and gutter forms; curbs and gutters; road
paving (after each coat in the case of priming and sealing); drainage pipes and other drainage structures
before backfilling; shade trees and planting strips; street name signs and monuments.
F. No utility installations installed by utility companies shall be subject to the inspection requirements or to
bonding.
G. Occupancy permits will be issued only when required fire alarms, curbs, utilities, functioning water supply
and sewage treatment facilities, gutters and other necessary storm drainage of the lot and surrounding
land, rough grading of lots, soil stabilization, base course for the street and driveway and sidewalks are
installed to serve the lot and structure for which the permit is requested. Streets shall not receive surface
course paving until all heavy construction is completed. Shade trees shall not be planted until all grading
and earthmoving is completed. Seeding of grass areas shall be the final operation.
Article VI. Zoning District Boundaries
§ 141-15. Zoning Map; interpretation of boundaries.
A. The boundaries of zoning districts shall be as shown upon the map attached to and made part hereof this
chapter, entitled "Borough of Collingswood Zoning Map, November 1999."
[1]
[1]
Editor's Note: The Zoning Map is on file in the Borough offices.
B. The following rules shall govern interpretations of the Zoning Map:
(1) The boundaries between districts are, unless otherwise indicated, the center lines of streets, alleys or
railroad rights-of-way, or follow property lines or extensions thereof.
(2) The Board of Adjustment shall determine the location of any disputed zoning district boundary line.
§ 141-15.1. Prohibited uses.
[Amended 3-3-2002 by Ord. No. 1306; 4-6-2015 by Ord. No. 1565; 8-3-2015 by Ord. No. 1575; 9-6-2016 by
Ord. No. 1604; 5-1-2017 by Ord. No. 1615]
All uses not expressly permitted as either a principal use, an accessory use or as a conditional use by this
chapter are prohibited. In addition, the following uses are also prohibited: ice or roller skating rinks,
establishments that show films or videos of any kind, massage or tattoo parlors, establishments utilizing either
plenary retail consumption or distribution licenses pursuant to N.J.S.A. 33:1-12, establishments utilizing either
limited or restricted licenses pursuant to N.J.S.A. 33:1-10, except limited breweries, which do not sell or serve
food or operate a restaurant, as defined under Article
II, §
141-4, bowling alleys or electronic or mechanical
games of any kind but not limited to pool, billiards or bingo, flea markets, discos and nightclubs, accessory
apartments, boarding homes and community residential houses, fortune telling, tarot card and psychic readings
and similar or related services.
§ 141-16. Single-Family, Detached Residential District One (SF-D1).
A. Purpose. The Single-Family Residential District recognizes mature neighborhoods that contain significant
single-family, owner-occupied single-family units on larger lots.
B. Permitted principal uses shall be as follows:
(1) Single-family detached dwellings.
(2) Parks and playgrounds.
(3) Private or parochial schools consisting of kindergarten, elementary or high school grades meeting the
curriculum requirements of the New Jersey Department of Education. (See §
141-80.)
(4) Family day-care homes. (See §
141-63.)
C. Permitted accessory uses shall be as follows:
(1) Private garages up to two cars in size.
(2) Utility sheds.
(3) Home personal offices. (See §
141-67.)
D. Conditional uses shall be as follows:
(1) Home professional offices. (See §
141-68.)
(2) Churches, chapels or other houses of worship. (See §
141-55.)
(3) Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water,
sewerage and cable television excluding offices, garages, warehouses, maintenance areas or similar
commercially or industrially related operations of such companies or utilities. (See §
141-89.)
[1]
[1]
Editor's Note: Former Subsection D(4), Community residential homes, which subsection immediately
followed this subsection, was repealed 3-3-2002 by Ord. No. 1306.
E. For bulk and area requirements, see the
Schedule of District Regulations of this chapter.
[2]
[2]
Editor's Note: The Schedule of District Regulations is located at the end of this chapter.
F. Nonconforming uses: hours of operation. Any nonconforming use located in such zone shall not conduct
business between the hours of 1:00 a.m. and 6:00 a.m.
[Added 12-6-2010 by Ord. No. 1488]
§ 141-17. Single-Family, Detached Residential District Two (SF-D2).
A. Purpose. This district recognizes mature neighborhoods that contain significant single-family, owner-
occupied single-family units on smaller lots.
B. Permitted principal uses shall be as follows:
(1) Single-family detached dwellings.
(2) Parks and playgrounds.
(3) Private or parochial schools consisting of kindergarten, elementary or high school grades meeting the
curriculum requirements of the New Jersey Department of Education. (See §
141-80.)
(4) Family day-care homes. (See §
141-63.)
C. Permitted accessory uses shall be as follows:
(1) Private garages up to two cars in size.
(2) Utility sheds.
(3) Home personal offices. (See §
141-67.)
D. Conditional uses shall be as follows:
(1) Home professional offices. (See §
141-68.)
(2) Churches, chapels or other houses of worship. (See §
141-55.)
(3) Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water,
sewerage and cable television excluding offices, garages, warehouses, maintenance areas or similar
commercially or industrially related operations of such companies or utilities. (See §
141-82.)
(4) Community residential homes. (See §
141-56.)
E. For bulk and area requirements, see the
Schedule of District Regulations of this chapter.
[1]
[1]
Editor's Note: The Schedule of District Regulations is located at the end of this chapter.
F. Nonconforming uses: hours of operation. Any nonconforming use located in such zone shall not conduct
business between the hours of 1:00 a.m. and 6:00 a.m.
[Added 12-6-2010 by Ord. No. 1488]
§ 141-18. Single-Family, Detached and Semidetached Residential
District Three (SF-D3).
[Amended 3-3-2002 by Ord. No. 1306]
A. Purpose. This district recognizes the transitional single-family residential neighborhoods that have
walkable access to the Borough's business districts. It promotes alternative living arrangements in stable,
owner-occupied homes.
B. Permitted principal uses shall be as follows:
(1) Single-family detached and semidetached dwellings.
(2) Parks and playgrounds.
(3) Private or parochial schools consisting of kindergarten, elementary or high school grades meeting the
curriculum requirements of the New Jersey Department of Education. (§
141-80.)
(4) Family day-care homes. (See §
141-63.)
C. Permitted accessory uses shall be as follows:
(1) Private garages up to two cars in size.
(2) Utility sheds.
(3) Home personal offices. (See §
141-67.)
D. Conditional uses shall be as follows:
(1) Home professional offices. (See §
141-68.)
(2) Churches, chapels or other houses of worship. (See §
141-55.)
(3) Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water,
sewerage and cable television excluding offices, garages, warehouses, maintenance areas or similar
commercially or industrially related operations of such companies or utilities. (See §
141-82.)
(4) Bed-and-breakfast facilities. (See §
141-52.)
E. For bulk and area requirements, see the
Schedule of District Regulations of this chapter.
[1]
[1]
Editor's Note: The Schedule of District Regulations is located at the end of this chapter.
F. Nonconforming uses: hours of operation. Any nonconforming use located in such zone shall not conduct
business between the hours of 1:00 a.m. and 6:00 a.m.
[Added 12-6-2010 by Ord. No. 1488]
§ 141-19. Single-Family, Attached Residential District (SF-A).
A. Purpose. This district recognizes the mature residential neighborhoods that consist of original row-homes
and similar, attached single-family homes. It further promotes their upkeep and restoration as owner-
occupied units.
B. Permitted principal uses shall be as follows:
(1) Single-family detached units.
(2) Single-family attached units.
(3) Parks and playgrounds.
(4) Private or parochial schools consisting of kindergarten, elementary or high school grades meeting the
curriculum requirements of the New Jersey Department of Education. (See §
141-80.)
C. Permitted accessory uses shall be as follows:
(1) Private garages up to two cars in size.
(2) Utility sheds.
(3) Family day-care homes. (See §
141-63.)
D. Conditional uses shall be as follows:
(1) Home personal offices. (See §
141-67.)
(2) Churches, chapels or other houses of worship. (See §
141-55.)
(3) Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water,
sewerage and cable television excluding offices, garages, warehouses, maintenance areas or similar
commercially or industrially related operations of such companies or utilities. (See §
141-82.)
(4) Community residential homes. (See §
141-56.)
E. For bulk and area requirements, see the
Schedule of District Regulations of this chapter.
[1]
[1]
Editor's Note: The Schedule of District Regulations is located at the end of this chapter.
F. Nonconforming uses: hours of operation. Any nonconforming use located in such zone shall not conduct
business between the hours of 1:00 a.m. and 6:00 a.m.
[Added 12-6-2010 by Ord. No. 1488]
§ 141-20. Multifamily Residential District (MF).
A. Purpose. This district recognizes and promotes multifamily housing in proximity to commercial
opportunities within the Borough.
B. Permitted principal uses shall be as follows:
(1) All uses permitted in the SF-A District.
(2) Garden apartments.
(3) Mid-rise apartment buildings.
(4) High-rise apartment building.
C. Permitted accessory uses shall be as follows:
(1) Single-car garages.
(2) Parking lots or garages. (See §
141-76.)
(3) Office or service retail on ground floor of high-rise apartment buildings only.
D. Conditional uses shall be as follows:
(1) Home personal offices. (See §
141-67.)
(2) Family day-care homes. (See §
141-63.)
(3) Churches, chapels or other houses of worship. (See §
141-55.)
(4) Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water,
sewerage and cable television excluding offices, garages, warehouses, maintenance areas or similar
commercially or industrially related operations of such companies or utilities. (See §
141-82.)
(5) Senior citizen housing.
(6) Community residential homes. (See §
141-56.)
E. For bulk and area requirements, see the
Schedule of District Regulations of this chapter.
[1]
[1]
Editor's Note: The Schedule of District Regulations is located at the end of this chapter.
F. Nonconforming uses: hours of operation. Any nonconforming use located in such zone shall not conduct
business between the hours of 1:00 a.m. and 6:00 a.m.
[Added 12-6-2010 by Ord. No. 1488]
§ 141-21. Central Business District (CBD).
A. Purpose. This district recognizes and encourages the traditional downtown shopping and service
opportunities within the Borough. It supports creative infill and redevelopment opportunities to supplement
strong, existing businesses.
B. Permitted principal uses shall be as follows:
(1) Retail stores and service establishments, excluding convenience stores.
(2) Retail banks.
[Amended 12-3-2007 by Ord. No. 1440]
(3) Restaurants, excluding fast-food restaurants.
(4) Travel agencies, real estate offices and opticians.
(5) Funeral homes.
(6) Commercial and public parking lots. (See§
141-76.)
(7) Drugstores and pharmacies.
(8) Libraries.
(9) Limited breweries, which do not serve or sell food or operate a restaurant, as defined under Article
II,
§
141-4, of the Collingswood Development Regulations Ordinance.
[Added 8-3-2015 by Ord. No. 1576]
C. Permitted accessory uses shall be as follows:
(1) Uses customarily incidental to the permitted principal uses.
(2) Parking in accordance with §
141-76.
(3) Residential uses within the same building as a permitted commercial use. Such residential use must
be located on the second or third floor of the commercial building located on Haddon Avenue or
Collings Avenue.
(4) Office, professional office and medical professional office uses within the second or third floor of the
same building as a permitted commercial use.
(5)
Office, professional office and medical professional office uses, except that such uses shall not be
permitted on the first floor along Haddon Avenue or Collings Avenue.
D. Conditional uses shall be as follows:
(1) Convenience stores. (See §
141-58.)
(2) Specialty shopping centers.
(3) Licensed child-care centers. (See §
141-70.)
(4) Outdoor cafes (See §
141-76.1.)
E. For bulk and area requirements, see the
Schedule of District Regulations of this chapter.
[1]
[1]
Editor's Note: The Schedule of District Regulations is located at the end of this chapter.
F. Hours of operation. The permitted principal uses set forth above in Subsection
B and such other
businesses located in such zone shall not conduct business between the hours of 1:00 a.m. and 6:00 a.m.
§ 141-22. Professional Office District (POD).
A. Purpose. This district recognizes the existing significant buildings within the district, while supporting
conversion of existing single-family, detached residential homes to professional offices and cultural-
oriented business without changing the architectural features of the area.
B. Permitted principal uses shall be as follows:
(1) Single-family, detached homes.
(2) Bed-and-breakfast facilities. (See §
141-52.)
(3) Home personal offices. (See §
141-67.)
(4) Home professional offices. (See §
141-68.)
(5) Offices, professional offices, medical professional offices and financial institutions.
[Amended 12-3-2007 by Ord. No. 1440]
(6) Funeral homes.
(7) Clubs, lodges, and community centers.
(8) Studios.
(9) Public buildings.
C. Permitted accessory uses shall be as follows:
(1) Uses customarily incidental to the permitted principal uses.
(2) Private garages, for up to two cars.
D. Conditional uses shall be as follows:
(1) Restaurants, excluding fast-food restaurants.
(2) Theaters.
(3) Convenience stores. (See §
141-58.)
(4) Licensed child-care centers. (See §
141-70.)
E. Bulk and area requirements. See the
Schedule of District Regulations of this chapter.
[1]
[1]
Editor's Note: The Schedule of District Regulations is located at the end of this chapter.
F. Hours of operation. The permitted principal uses set forth above in Subsection
B and such other
businesses located in such zone shall not conduct business between the hours of 1:00 a.m. and 6:00 a.m.
§ 141-23. Highway Business District (HBD).
A. Purpose. This district serves to recognize and promote highway-oriented development along the Route
130 corridor that will serve as a gateway for the Borough with appropriate landscaping, buffering, signage,
and architectural treatments.
B. Permitted principal uses shall be as follows:
(1) Retail stores and service establishments.
(2) Retail banks.
[Amended 12-3-2007 by Ord. No. 1440]
(3) Restaurants.
(4) Fast-food restaurants. (See §
141-64.)
(5) Offices, professional offices and medical professional offices.
(6) Funeral homes.
(7) Convenience stores. (See §
141-58.)
(8) Drugstores and pharmacies.
(9) Shopping centers.
(10) Limited breweries, which do not serve or sell food or operate a restaurant, as defined under Article
II,
§
141-4, of the Collingswood Development Regulations Ordinance.
[Added 8-3-2015 by Ord. No. 1576]
C. Permitted accessory uses shall be as follows:
(1) Uses customarily incidental to the permitted principal uses.
(2) Public and commercial parking lots.
D. Conditional uses shall be as follows:
(1) Automotive garages. (See §
141-49.)
(2) Automotive service stations, including those with convenience stores. (See §
141-51.)
(3) Automotive sales of new or used cars. (See §
141-50.)
(4) Adult entertainment use. (See §
141-46.)
(5) Licensed child-care centers. (See §
141-70.)
E. For bulk and area requirements, see the
Schedule of District Regulations of this chapter.
[1]
[1]
Editor's Note: The Schedule of District Regulations is located at the end of this chapter.
F.
Hours of operation. The permitted principal uses set forth above in Subsection
B and such other
businesses located in such zone shall not conduct business between the hours of 1:00 a.m. and 6:00 a.m.
§ 141-24. Highway Industrial District (HID).
A. Permitted principal uses shall be as follows:
(1) Professional and medical offices.
(2) Wholesale business.
(3) Scientific and research laboratories.
(4) Industry, processing and manufacturing for such uses but not limited to beverages, food items,
pharmaceuticals, printing and publishing, confections, clothing, electrical goods, furniture, specialty
manufacturing, professional and scientific instruments, and electronics.
(5) Industrial research.
(6) Warehouses.
(7) Vehicle sales.
B. Permitted accessory uses shall be as follows:
(1) Uses customarily incidental to the permitted principal uses.
(2) Offices, in conjunction with a permitted industrial use.
C. Conditional uses shall be as follows:
(1) Retail sales of goods and services, financial institutions and restaurants shall be permitted in up to
25% of the HID District, provided that the following criteria are complied with:
(a) There shall be a minimum lot size of three acres.
(b) There shall be a minimum of 25,000 square feet of building area.
(c) There should be a maximum of three conditional uses within any building.
[Amended 8-7-2006 by Ord. No. 1410]
(d) Parking shall be one car per 200 square feet gross area of the building.
(e) Parking, loading and landscaping layouts shall be in accordance with §
141-69.
(f) Sign performance standards shall be in accordance with Article
IX.
(g) Those performance standards set forth in §
141-77 shall be met.
(h) There shall be no significant adverse impact caused by storm drainage from the property in
question to any other property within the drainage area.
D. In addition to the uses prohibited throughout the Borough under Section §
141-15.1, the following shall not
be permitted uses or permitted conditional uses for the purposes of this section:
(1) Funeral parlors or crematoriums.
(2) Gasoline filling stations and automobile repair and service centers.
(3) Convenience stores.
(4) Supermarkets.
E. For bulk and area requirements, see the
Schedule of District Regulations of this chapter.
[1]
[1]
Editor's Note: The Schedule of District Regulations is located at the end of this chapter.
§ 141-24.1. Affordable Housing Overlay District.
[Added 8-1-2016 by Ord. No. 1599]
A. Purpose. The purpose of the Affordable Housing Overlay District is to establish an area for capturing the
Borough's unmet need from its Third Round Fair Share Affordable Housing obligations, in conformance
with the requirements of the New Jersey Fair Housing Act of 1985.
B. Applicability.
(1) Affordable Housing Overlay District shall be applied to the lands known as Block 38, Lots 12, 12.01,
12.02, and 12.03; Block 60, Lots 2, 3, 4, 5, 5.01. and 5.02; Block 63, Lots 1, 1.01, 2, 3, 6.01, and 6.07;
and Block 97, Lots 4.02, 5, 5.01, 5.02, and 8 on the Collingswood Tax Map.
(2) The Official Zoning Map of the Borough of Collingswood is hereby amended in accordance with the
foregoing and is further incorporated by reference.
[1]
[1]
Editor's Note: The Zoning Map is on file in the Borough offices.
C. Permitted use; permitted density.
(1) The development of multifamily dwellings shall be permitted in the Affordable Housing Overlay
District.
(2) Residential density permitted in the Affordable Housing Overlay District shall be as follows:
(a) Block 38, Lots 12, 12.01, 12.02, and 12.03: 10 dwelling units per acre;
(b) Block 60, Lots 2, 3, 4, 5, 5.01, and 5.02: 16 dwelling units per acre;
(c) Block 63, Lots 1, 1.01, 2, 3, 6.01, and 6.07: 13.91 dwelling units per acre; and
(d) Block 97, Lots 4.02, 5, 5.01, 5.02, and 8: 14 dwelling units per acre.
D. Affordable housing set-aside. A fifteen-percent set-aside for affordable housing for all development
applications consisting of five or more residential units within the areas described in Subsection
B(1)
above is required.
E. Compliance with other regulations and ordinances.
(1) All multifamily dwellings developed within the Affordable Housing Overlay District shall comply with all
development regulations applicable to the Multifamily Residential District.
(2) All other development regulations applicable to the underlying zones for each property located within
Affordable Housing Overlay District shall remain in full force and effect unless in conflict with this
section.
(3) All affordable units constructed within this overlay zones shall also comply with Chapter
85 of this
Code.
§ 141-25. Change in zoning use; approval required.
A. Any change in use, as listed below, shall require application to be made to the Zoning Officer. It shall be
unlawful to undertake any of these changes unless the Zoning Officer has signified, in writing, that the
provisions of this subsection and chapter have been met.
(1) A change, in whole or in part, of the use being made of any structure.
(2) The new use of a structure theretofore unused.
(3) A change, in whole or in part, of the use being made of land.
(4) The new use of land theretofore unused.
B. Application for such change in use approval shall be made to the Zoning Administrative Officer in writing.
The application shall contain all information necessary for the Officer to ascertain whether the proposed
change is use complies with this chapter or shall appear before the Planning Board for approval. The
application shall include a drawing, to scale, which shows the following information:
(1) The dimensions and shape of the lot in question.
(2) The exact size and locations of all existing and any proposed structures.
(3) Current and proposed utilities, access to rights-of-way, and on-site circulation
(4) Current and proposed use, including a project description of the proposed use with number of
employees, parking stalls, and bedrooms (if a residential use), and square footage of impervious
coverage.
(5) The SIC codes for the current and proposed use. (See list at the end of this chapter.)
C. The Zoning Officer shall have 45 days in which to review the proposed change in use.
(1) Should the change in use be deemed insignificant by the Zoning Officer, have the same division and
major group classification within the SIC system, as signified by the first digit in the SIC code, or not
involve any outside construction, written approval shall be granted as mentioned in Subsection
A.
[Amended 4-5-2004 by Ord. No. 1329]
(2) Where the construction or alteration of a structure is involved, a zoning permit shall be applied for. If
the Zoning Administrative Officer deems the change in use insignificant and that the requirements
contained within this chapter have been met, he shall issue a zoning permit.
(3) If the division and major group classification within the SIC system, as signified by the first digit in the
SIC code of the proposed use varies from the current use, the Zoning Officer shall forward the
application to the Planning Board for the appropriate review. The applicant may proceed with an
informal plat review to determine classification of the application. Approval by the Planning Board of a
site plan or subdivision shall constitute the equivalent of written approval by the Zoning Officer, and
upon completion of all required conditions of any Planning Board approval, a zoning permit shall be
issued and the change of use may proceed.
[Amended 4-5-2004 by Ord. No. 1329]
D. It shall be unlawful to convert any single-family attached or single-family detached dwelling into a two-or-
more-family dwelling. Accessory apartments are conditional uses in certain residential zones and must
meet the requirements outlined in §
141-44.
E. Any property in the Borough of Collingswood that is currently zoned for nonresidential uses and that is
subsequently rezoned for residential purposes or receives a zoning change or a use variance to permit
residential development, or receives a zoning change or a density variance to permit higher density
residential development, and provided such residential development provides a sufficient compensatory
benefit in terms of the density of development permitted, shall provide an affordable housing set-aside as
set forth in §
85-6E(3). The determination of a "sufficient compensatory benefit" shall be a density that is
above the presumptive density pursuant to N.J.A.C. 5:93-5.6.
[Added 8-1-2016 by Ord. No. 1599]
§ 141-26. Redevelopment plans.
Under the authority granted by the Local Redevelopment and Housing Law,
[1] those geographic areas that
have been designated as areas in need of rehabilitation may be utilized in a manner not inconsistent with the
intent and purpose of a duly authorized redevelopment plan and shall not be subject to the requirements of the
zone in which the area is located.
[1]
Editor's Note: See N.J.S.A. 40A:12A-1 et seq.
Article VII. Subdivision, Site Plan, and Conditional Use Review
and Approval
§ 141-27. Hardship variances from the requirements of development
approval.
The approving authority, when acting upon applications for preliminary or minor subdivision approval or for
preliminary or minor site plan approval, shall have the power to grant such exceptions from the requirements of
subdivision approval or site plan approval, as the case may be, as may be reasonable and within the general
purpose and intent of the provisions for subdivision/site plan review and approval if the literal enforcement of
one or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question.
§ 141-28. Site plan approval required unless exempt.
Site plan approval is required for all site plans not defined herein as exempt.
§ 141-29. Exemption for certain minor and exempt subdivisions and
site plans.
The approving authority may waive required notices and hearings for minor and exempt subdivisions and site
plans, except where a variance or conditional use is part of the application. Divisions of land not considered a
subdivision under the provisions of N.J.S.A. 40:55D-7 shall be exempt from compliance with the subdivision
requirements of this chapter.
§ 141-30. Simultaneous review.
The approving authority shall have the power to act upon subdivisions, conditional uses or site plans
simultaneously without the developer making further application or the approving authority holding further
hearings. The longest time period for action by the approving authority, whether it is for subdivision, conditional
use or site plan approval, shall apply. Whenever approval of a conditional use is requested by the developer in
conjunction with a site plan or subdivision, notice of the hearing on the plat shall include reference to the
request for such conditional use.
§ 141-31. Informal plat review.
A. An informal plat submission is optional. The purpose of an informal review is for the Planning Board, their
professionals and the applicant to review concepts and assist the applicant in the preparation of
subsequent plans and submissions. Other than classification, no decisions will be made, no hearings held
and no formal action taken.
B. Filing procedure. The developer shall file with the Planning Board Secretary, at least 21 days prior to the
meeting of the approving authority, fifteen black-on-white copies of the informal plat, two completed copies
of the application form, two completed copies of the informal plat checklist and the applicable fee.
C. Sketch plan for subdivisions. The informal subdivision plat submitted for review by the approving authority
shall be clearly and legibly drawn, shall be at a graphic scale of not less than one inch equals 100 feet and
shall contain, at a minimum, the following:
(1) The Tax Map sheet; block and lot numbers for the tract and all adjacent lots; a title, including the
words "Informal Plat for Review and Classification"; the North arrow; scale; space for the application
number; the date of the original drawing; and the date and substance of each revision.
(2) Zoning district(s) of proposed lot(s).
(3) The names, addresses, signatures and phone numbers of the owner, the developer and the person
preparing the plat.
(4) A key map showing the entire development and its relation to surrounding areas.
(5) The existing and proposed lot and street layout showing that portion proposed for development in
relation to the entire tract.
(6) The existing lot lines to be eliminated.
(7) The area of the original tract and of the proposed lots.
(8) The basic intent for water and sewerage treatment.
(9) Location and size of any existing structures and associates uses.
(10) The location and, if applicable, direction of flow of all natural features, including wooded areas,
waterways, wetlands, and slopes. Percolation tests and soil logs are not required. However, where the
slope and soil conditions indicate that problems may be encountered, percolation tests and soil logs,
as required for the preliminary plat, may be advisable.
(11) Existing and proposed rights-of-way within and adjoining the tract. Proposed access points and
parking areas shall be included if in conjunction with a site plan.
(12) All required yard and setback lines.
(13) All existing and proposed easements or land reserved for dedication to the public.
D. Sketch plan for minor and major site plans. The informal site plan plat submitted for review by the
approving authority shall be clearly and legibly drawn, shall be at a graphic scale of not less than one inch
equals 100 feet and shall contain, at a minimum, the following:
(1) The Tax Map sheet; block and lot numbers for the tract and all adjacent lots; a title, including the
words "Informal Plat for Review and Classification"; the North arrow; scale; space for the application
number; the date of the original drawing; and the date and substance of each revision.
(2) Zoning district(s) of proposed lot(s).
(3) The names, addresses, signatures and phone numbers of the owner, the developer and the person
preparing the plat.
(4) A key map showing the entire development and its relation to surrounding areas.
(5) The existing and proposed lot and street layout showing that portion proposed for development in
relation to the entire tract.
(6) The approximate on-site or on-tract stormwater detention facilities, water and sewer service, and any
other available utility locations.
(7) Location and size of any existing and proposed structures and associates uses.
(8)
The location and, if applicable, direction of flow of all natural features, including wooded areas,
waterways, wetlands, and slopes. Percolation tests and soil logs are not required. However, where the
slope and soil conditions indicate that problems may be encountered, percolation tests and soil logs,
as required for the preliminary plat, may be advisable.
(9) Existing and proposed rights-of-way within and adjoining the tract.
(10) Proposed access points, parking, and loading areas.
(11) Location and details of proposed lighting, signage, and landscaping.
(12) All required yard and setback lines.
(13) All existing and proposed easements or land reserved for dedication to the public.
E. Action by approving authority.
(1) The approving authority shall classify the application as a minor or major development within 45 days
of the date of submission or such further time as may be consented to by the applicant. If the
approving authority suggests any changes to be included in the preliminary or final plat, such changes
and/or conditions shall be in writing and shall be sent to the applicant.
(2) If the approving authority determines that the development may, directly or indirectly, create an
adverse effect on either the property being developed or nearby property, the approving authority may
require the developer to revise the plan and incorporate such revisions in the preliminary or final plat.
Where any remaining portion of the original tract is sufficient to be developed or subdivided further,
the developer may be required to indicate a feasible plan whereby the proposed development,
together with subsequent development, will not create, impose, aggravate or lead to any such adverse
effect(s).
§ 141-32. Filing of application for conditional use, minor and major
subdivision, minor and major site plan approval.
A. Forms for filing applications for development and information regarding the steps to be taken, as well as
the regular meeting dates of the Planning Board, shall be obtained by the applicant from either the
Planning Board Secretary or the Zoning Officer.
B. Applications for minor and major site plan review approval, major subdivision approval, conditional use
approval, or any other development within the jurisdiction of the Planning Board shall be submitted for
filing with the Planning Board Secretary at least 21 days prior to a work meeting of the Planning Board
C. The applicant shall submit for filing 15 copies of all plats, maps, plans, and other information as required
for a complete application, and the applicant shall inform the Planning Board Secretary within 48 hours of
the filing. In the case of applications for final approval of a major subdivision, the application shall include
the originals and processed tracings as required by the Map Filing Law, N.J.S.A. 46:23-9.9 et seq. Any
amended application, together with any amended plats, maps or other plans, shall be submitted for filing in
the same manner as the original application.
D. Conditional use applications require submission of a site plan and shall be filed in conjunction with the site
plan submission. Conditional use applications are subject to the provisions in §
141-57 of this chapter.
§ 141-33. Minor subdivisions.
A. The following regulations shall apply to the applications for the approval of minor subdivisions as defined
by this chapter:
(1) A complete application for preliminary approval shall be consistent with §
141-32 of this chapter and
shall be accompanied by the following materials, where applicable:
(a) Copies of the completed Borough application form.
(b) Copies of the completed checklist.
(c) Copies of the Camden County Planning Board application form.
(d) A certificate from the Borough Tax Collector that no taxes or assessments are due or delinquent
(tax search).
(e) A copy of the deed, including the text of any easements, protective covenants and deed
restrictions applying to the land being subdivided.
(f) The appropriate application fees.
(g) One translucent tracing on cloth or plastic film and 15 paper copies of the minor subdivision plat.
(2) The minor subdivision plat shall be a certified survey of the tract, signed and sealed by a licensed land
surveyor, be clearly drawn at a scale no less than one inch equals 100 fee, to show existing and
proposed conditions of the proposed site and shall contain the following information:
(a) A key map showing the entire subdivision in relation to the surrounding area and roadway
system. This map shall be taken from the Borough Zoning Map.
(b) All existing structures and significant natural features on the proposed site and within 200 feet of
the subject property.
(c) The current zoning and use of the tract.
(d) The name and address of the owner of record, the tract name and the name and address of the
subdivider/applicant, if different from the owner.
(e) Name, address, seal, and signature of the person preparing the plat.
(f) The tax plate, block, lot numbers.
(g) Address of the property.
(h) The North arrow with reference used, scale (not greater that one inch equals 100 feet), and date
of creation and revisions, if applicable.
(i) The point of beginning and metes and bounds of the property in question as well as the
dimensions of all proposed lot lines being created and parcels being retained. Any lot lines to be
eliminated shall be clearly indicated. All measurements shall be in feet and decimals of a foot.
(j) Property corner markers, both found and set, or the relation of existing markers to the property
corner.
(k) Streets and street names and widths where such streets abut or adjoin the property in question. If
the street is not open, the plat should indicate this fact.
(l) All fences, tree rows, hedges, streams, ditches, building location, any physical occupation
influencing property line determination, driveways and site improvements.
(m) The location of proposed or existing easements and the purpose served by the easement.
(n) The minimum front, side and rear building setback lines for each lot.
(o) The acreage of the tract to be subdivided and the number of resultant lots and acreage each to
the nearest tenth of an acre.
(p)
The block, lot, and the owners' names of adjoining properties within 200 feet of the subject
property.
(q) Soil types shall be plotted on the plat as determined from Soil Conservation Service Soil Survey
Maps.
(r) The location of all proposed utilities and existing or proposed facilities to provide water for use
and consumption of occupants of all buildings and sanitary facilities which will serve the proposed
development.
(s) The following certifications shall appear on the subdivision plat:
It is hereby certified that the lands subdivided by this map are owned by title of record and that
consent to the approval of said map is given.
DATE
NAME OF PROPERTY OWNER
I hereby certify that this map and survey have been made under my supervision and comply
with the provisions of the Map Filing Law.
DATE
LICENSED LAND SURVEYOR NJ
I certify that the public streets or other ways shown hereon have been approved as to location
and width and names by the proper authority.
DATE
BOROUGH CLERK
I have carefully examined this map and find that it conforms to the provisions of the Map Filing
Law and the municipal ordinances and requirements applicable thereto.
DATE
MUNICIPAL ENGINEER
This map is hereby approved by the Planning Board of the Borough of Collingswood.
DATE
PLANNING BOARD CHAIRPERSON
I certify that this map was duly approved by resolution of the Planning Board at an official
meeting held on _______________ and shall be titled on or before _______________ .
I hereby certify that the Planning Board is the constituted proper authority.
DATE
SECRETARY OF PLANNING BOARD
This map has been reviewed as prescribed by N.J.S.A. 40:27-6.2 and has been approved as
required by N.J.S.A. 40:27-6.3 on _______________ for the Camden County Planning Board.
DATE
PLANNING DIRECTOR
B. The Planning Board may waive notice and public hearing for an application for development if it finds that
the application for development conforms to the definition of minor subdivisions set forth in this chapter.
Minor subdivision approval shall be deemed to be final approval of the subdivision by the Board, provided
that the Board may condition such approval on terms ensuring the provision of improvements pursuant to
this chapter.
C. Minor subdivision approval shall be granted or denied within 45 days of the date of submission of a
complete application or within such further time as may be consented to by the applicant. Failure of the
Planning Board to act within the period prescribed shall constitute minor subdivision approval, and a
certificate of the Secretary of the Planning Board as to the failure of the Planning Board to act shall be
issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other
evidence of approval herein required and shall be so accepted by the County Clerk for purposes of filing
subdivision plats.
D. Except as provided in Subsection
F of this section, approval of a minor subdivision shall expire 190 days
from the date on which the resolution of municipal approval is adopted unless, within such period, a plat in
conformity with such approval and the provisions of the Map Filing Law, N.J.S.A. 46:23-9.9 et seq., or a
deed clearly describing the approved minor subdivision is filed by the developer with the county recording
officer, the Borough Engineer and the Borough Tax Assessor. Any such plat or deed accepted for such
filing shall have been signed by the Chairman and Secretary of the Planning Board. In reviewing the
application for development for a proposed minor subdivision, the Planning Board may accept a plat not in
conformity with the Map Filing Act, provided that, if the developer chooses to file the minor subdivision as
provided herein by plat rather than deed, such plat shall conform to the provisions of said Act.
E. The zoning district requirements and general terms and conditions, whether conditional or otherwise, upon
which minor subdivision approval was granted, shall not be changed for a period of two years after the
date on which the resolution of minor subdivision approval is adopted, provided that the approved minor
subdivision shall have been duly recorded as provided herein.
F. The Planning Board may extend the one-hundred-ninety-day period for filing a minor subdivision plat or
deed pursuant to Subsection
E of this section if the developer proves to the reasonable satisfaction of the
Planning Board that the developer was barred or prevented, directly or indirectly, from filing because of
delays in obtaining legally required approvals from other governmental or quasi-governmental entities and
that the developer applied promptly for and diligently pursued the required approvals. The length of the
extension shall be equal to the period of delay caused by the wait for the required approvals, as
determined by the Planning Board. The developer may apply for the extension either before or after what
would otherwise be the expiration date.
G. The Planning Board shall grant an extension of minor subdivision approval for a period determined by the
Board but not exceeding one year from what would otherwise be the expiration date, if the developer
proves to the reasonable satisfaction of the Board that the developer was barred or prevented, directly or
indirectly, from proceeding with the development because of delays in obtaining legally required approvals
from other governmental entities and that the developer applied promptly for and diligently pursued the
required approvals. A developer shall apply for the extension before what would otherwise be the
expiration date of minor subdivision approval or before the 91st day after the developer receives the last
legally required approval from other governmental entities, whichever occurs later.
§ 141-34. Minor site plans.
A. The following regulations shall apply to the applications for the approval of minor site plans as defined by
this chapter:
(1) A complete application for preliminary approval shall be consistent with §
141-32 of this chapter and
shall be accompanied by the following materials, where applicable:
(a) Copies of the completed Borough application form.
(b) Copies of the completed checklist.
(c) Copies of the Camden County Planning Board application form.
(d) A certificate from the Borough Tax Collector that no taxes or assessments are due or delinquent
(tax search).
(e) A copy of the deed, including the text of any easements, protective covenants and deed
restrictions applying to the land in question.
(f) The appropriate application fees.
(g) 15 copies of the minor site plan.
(2) The minor site plan plat shall be clearly drawn at a scale no less than one inch equals 100 feet, to
show existing and proposed conditions of the proposed site, be drawn by the appropriate
professionals as outlined in N.J.S.A. 13:40-7.1, and shall contain the following information:
(a) A key map showing the entire subdivision in relation to the surrounding area and roadway
system. This map shall be taken from the Borough Zoning Map.
(b) All existing structures and significant natural features on the proposed site and within 200 feet of
the subject property.
(c) The current zoning and use of the tract.
(d) The name and address of the owner of record, the project name and address and the name and
address of the applicant, if different from the owner.
(e) Name, address, seal, and signature of the person preparing the plat.
(f) The tax plate, block, lot numbers.
(g) The North arrow with reference used, scale, and date of creation and revisions, if applicable.
(h) All measurements shall be in feet and decimals of a foot. Dimensions should be based on a
certified survey prepared by a licensed land surveyor.
(i) Existing and proposed street right-of-way locations, names, widths where such streets abut or
adjoin or are planned for the property in question.
(j) All existing and proposed natural features, including but not limited to topography, water bodies,
wooded areas, and landscaping.
(k) The location of proposed or existing easements and the purpose served by the easement.
(l) The minimum front, side and rear building setback lines for each lot.
(m) The block, lot, and the owners' names of adjoining properties within 200 feet of the subject
property.
(n) The location and design of any off-street parking and loading areas, showing the number of bays,
aisles, barriers, pedestrianways, and driveways.
(o) Location of all existing and proposed utilities, including stormwater facilities, potable water, sewer,
gas, electricity.
(p) Architectural elevations and floor plans.
(q) Location and details of all signage, lighting, screening, and solid waste disposal.
(r) Listing of other required permits and approvals from outside agencies.
B. The Planning Board may waive notice and public hearing for an application for development if it finds that
the application for development conforms to the definition of minor site plan set forth in this chapter. Minor
site plan approval shall be deemed to be final approval of the site plan by the Board, provided that the
Board may condition such approval on terms ensuring the provision of improvements pursuant to this
chapter.
C. Minor site plan approval shall be granted or denied within 45 days of the date of submission of a complete
application or within such further time as may be consented to by the applicant. Failure of the Planning
Board to act within the period prescribed shall constitute minor site plan approval, and a certificate of the
Secretary of the Planning Board as to the failure of the Planning Board to act shall be issued on request of
the applicant
D. Whenever review or approval of the application by the County Planning Board is required, the Municipal
Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the
application by the County Planning Bard or approval by the County Planning Board by its failure to act
within 30 days of the date of submission.
E. The zoning district requirements and general terms and conditions, whether conditional or otherwise, upon
which minor site plan approval was granted, shall not be changed for a period of two years after the date
on which minor site plan approval is granted. The Planning Board shall grant an extension of minor site
plan approval for a period determined by the Board but not exceeding one year from what would otherwise
be the expiration date, if the developer proves to the reasonable satisfaction of the Board that the
developer was barred or prevented, directly or indirectly, from proceeding with the development because
of delays in obtaining legally required approvals from other governmental entities and that the developer
applied promptly for and diligently pursued the required approvals. A developer shall apply for the
extension before what would otherwise be the expiration date of minor site plan approval or before the
91st day after the developer receives the last legally required approval from other governmental entities,
whichever occurs later.
§ 141-35. Application for preliminary approval of a major subdivision
and major site plan.
A. A complete application for preliminary approval shall be consistent with §
141-32 of this chapter and shall
be accompanied by the following materials, where applicable:
(1) Preliminary plat.
(2) Completed copies of the application form.
(3) Completed copies of the plat checklist.
(4) Copies of any protective covenants, deed restrictions and easements applying to the land being
developed.
(5) Copies of the drainage calculations and soil erosion and sediment control data as required in this
chapter.
(6) The applicable fee(s).
(7) Certification by the Tax Collector that all taxes are paid to date.
(8) A complete environmental impact statement (see §
141-62) or a written request for a waiver of any or
all of its requirements. If a waiver is requested, the approving agency shall either approve, approve in
part or disapprove the request at the first regular meeting at which the application is heard. The
applicant shall provide any required data within 21 days or at least 21 days prior to the date the
approving authority is required to act, whichever comes first.
§ 141-36. Application for final approval of a major subdivision and
major site plan.
A. A complete application for final approval shall consist of the following, where applicable:
(1) A properly completed final subdivision or site plan approval form;
(2) The required fee or fees;.
(3) A site plan in final form, including all the information shown on the preliminary plat and the conditions
of preliminary approval;
(4) A subdivision plat conforming to the Map Filing Law, N.J.S.A. 46:23-9.9 et seq.;
(5) The performance guaranty approved by the governing body, including off-tract improvements, if any;
and
(6) Any maintenance guaranties.
B. The reviewing board shall grant final approval if the detailed drawings, specifications and estimates of the
application for final approval conform to the standards established by this chapter for final approval, the
conditions of preliminary approval and, in the case of a major subdivision, the standards prescribed by the
Map Filing Law, N.J.S.A. 46:23-9.9 et seq., provided that, in the case of a planned development, the
reviewing body may permit minimal deviations from the conditions of preliminary approval necessitated by
change of condition beyond the control of the developer since the date of preliminary approval without the
developer's being required to submit another application for development for preliminary approval.
C. Final approval shall be granted or denied within 45 days after submission of a complete application or
within such further time as may be consented to by the applicant. Failure of the reviewing board to act
within the period prescribed shall constitute final approval of the application as submitted.
§ 141-37. Submission and preliminary and final plat details for major
subdivisions.
A. Plat conformity. All applications shall be submitted in plat form, and all plats shall conform to the
submission requirements. All plats shall be drawn by a land surveyor, and all drawings of improvements
shall be prepared by a professional engineer; and all such drawings shall bear the signature, embossed
seal, license number and address of the preparer.
B. Preliminary subdivision plat. The preliminary subdivision plat shall be clearly and legibly drawn, shall be at
a graphic scale of not less than one inch equals 100 feet, shall be based on a certified boundary survey
and shall be on sheet sizes of 24 inches by 36 inches or 15 inches by 21 inches. If more than one sheet is
required to show the entire subdivision, one composite map shall show the entire subdivision, with
reference to the sheets on which the various sections are shown. The preliminary subdivision plat shall
contain the following:
(1) A key map with the North arrow, showing the entire subdivision in relation to surrounding areas,
including the names of principal roads, and at a scale of not less than one inch equals 2,000 feet.
(2) Title block, with the name and address of the subdivision; the Tax Map sheet; block and lot numbers;
the date of preparation and most recent revision; the reference meridian; the North arrow; a graphic
scale; the names, addresses, phone numbers and signatures of the owner, the developer and the
person(s) who prepared the plat(s), including the seal of the latter; and space for the application
number.
(3) The names and addresses of all property owners within 200 feet of the limits of the development, as
disclosed on the most recent municipal tax records.
(4) The tract acreage to the nearest 1/1,000 of an acre; the number of new lots; each lot line dimension
scaled to the nearest tenth of a foot; and each lot area to the nearest square foot.
(5) The existing and proposed contours at two-foot intervals. All elevations shall be related to a bench
mark noted on the plan and, wherever possible, be based on United States Geological Survey mean
sea level data.
(6) The location of existing natural features, such as soil types, slopes exceeding 12%, wooded areas,
the view within the development and the location of individual trees outside wooded areas having a
diameter of four inches or more measured five feet above ground level. Soil types shall be based on
United States Soil Conservation Service data.
(7) The existing and proposed streams, lakes and marsh areas accompanied by the following maps and
drawings:
(a) When a running stream is proposed for alteration or when a structure or fill is proposed in or
along such a stream, approval of the New Jersey Division of Water Resources shall accompany
the plat.
(b) Cross sections and profiles of watercourses at an appropriate scale showing the extent of the
flood fringe area, top of bank, normal water level and bottom elevations of the following locations:
[1] Where a watercourse crosses a lot line (profile and cross sections) and at one-hundred-foot
intervals, but at no fewer than two locations, along each watercourse which runs through or
adjacent to the development (cross sections).
[2] At fifty-foot intervals for a distance of 300 feet upstream and downstream of any existing or
proposed culvert or bridge within the development (cross sections).
[3] When watercourses are to be altered, the method of controlling erosion and siltation during
construction as well as typical ditch sections and profiles shall be shown on the plan or shall
accompany it.
(c) The total upstream acreage in the drainage basin of any watercourse running through or adjacent
to a development, including a small-scale watershed map developed from United States
Geological Survey sheets.
(d) The total acreage in the drainage basin to the nearest downstream drainage structure and the
acreage in that portion of the development which drains to the structure.
(e) All existing or proposed drainage and conservation easements and flood hazard areas.
(f) The location, extent and water level elevation of all existing or proposed lakes or ponds within or
no farther than 300 feet from the development.
(g) Plans and computations for any storm drainage systems, including the following:
[1] Existing or proposed storm sewer lines within or adjacent to the development and all required
off-site and off-tract drainage improvements showing the size, profile and slope of the lines,
the direction of flow and the location of each catch basin, inlet, manhole, culvert and
headwall.
[2] The location and extent of any proposed dry wells, groundwater recharge basins, detention
basins, flood control devices, sedimentation basins or other water conservation devices.
(8) Plans, cross sections, center-line profiles, tentative grades and details of proposed and existing
utilities and all improvements within street rights-of-way in the tract, including the type and width of
street pavement, curbs, sidewalks, bike routes, shade trees and plantings; all utilities, including water,
sewer, gas, electric, telephone and cable television; and facilities such as storm drainage facilities,
detention ponds and erosion control. At intersections, the sight triangles, radii or curblines,
crosswalks, curb ramps and street sign locations shall be shown. Final street naming may be
deferred.
(9) The names, locations, widths and purpose(s) of existing and proposed easements, streets and other
rights-of-way in the development. The text of any deed restriction or dedications shall be included.
(10) The locations and descriptions of all monuments, existing and proposed.
(11) All lot lines that exist and will remain, those proposed and those to be eliminated. All setback lines
with dimensions and municipal boundaries, if within 200 feet, shall be shown. Any lot(s) and/or rights-
of-way to be reserved or dedicated to public use shall be identified. Each block shall be numbered,
and the lots within each block shall be numbered as assigned by the Borough Tax Assessor.
(12) The locations of all existing structures, drainage and parking areas in the tract and within 200 feet,
showing existing and proposed front, rear and side yard setbacks, structures of historic significance
and an indication of existing structures and uses to be retained and those to be removed.
(13) Utility plans showing feasible connections to any existing or proposed utility systems. If private utilities
are proposed, they shall comply fully with all Borough, county and state regulations. If service will be
provided by an existing utility company, a letter from that company shall be submitted stating that
service will be available before occupancy of any proposed structures.
(14) Zoning district(s) and zoning district lines.
(15) A list of other agencies requiring their approval and the status of the application of these agencies.
(16)
An itemization of all improvements to be made on site, off site, on tract and off tract, in accordance
with the standards specified in Article
V.
C. Final subdivision plat. The final subdivision plat shall be clearly and legibly drawn in ink on translucent
tracing cloth or its equivalent at a graphic scale of not less than one inch equals 50 feet unless a larger
scale is approved by the Municipal Engineer that is large enough to contain legibly written data on
dimensions, bearings and all other details of the boundaries. The plat shall be drawn on sheet sizes of 24
inches by 36 inches or 15 inches by 21 inches. If more than one sheet is required to show the entire
subdivision, a separate composite map shall be drawn showing the entire subdivision on one sheet and
the sheets on which the various sections are shown. The plat shall comply with all the provisions of the
Map Filing Law, N.J.S.A. 46:23-9.9 et seq. The final plat shall show or be accompanied by only that
information and those details specified in the Map Filing Law or in the following list:
(1) The date, location and name of the subdivision, name of the owners, graphic scale and reference
meridian.
(2) Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way,
land to be reserved or dedicated to public use, lot lines and other site lines, all with accurate
dimensions, bearings or deflection angles, and the radii, arcs and central angles of all curves.
Distances and bearings shall be on the North American Datum of 1927 or North American Datum of
1983, as specified by the Borough Engineer.
(3) The purpose of any easement or land reserved or dedicated to public use shall be designated, and
the proposed use of sites other than residential shall be noted.
(4) All natural and artificial watercourses, streams, water boundaries and encroachment lines shall be
shown. Final stormwater outfalls in retention basins or other receiving bodies of water shall be
identified by coordinates based on the datum specified in Subsection
B(2) above.
(5) Each block shall be numbered and the lots within each block shall be numbered as directed by the
Tax Assessor.
(6) Minimum building setback lines on all lots and other sites.
(7) The location and description of all monuments.
(8) The names of owners of adjoining land parcels.
(9) Certification by a licensed land surveyor as to the accuracy of details of the plat.
(10) Certification that the applicant is the owner or equitable owner of the land, or a representative thereof,
or that the owner has given consent under an option agreement.
(11) As updated certification from the Tax Collector shall show there are no delinquent taxes or other
assessments charged to the property involved in the subdivision.
(12) The preliminary plat, engineering details, cross sections and profiles of streets and plan and profiles of
storm drainage systems, approved by the Borough Engineer, shall be required to accompany the final
plat, with all conditions of preliminary approval met and reviewed by the Engineer prior to final plat
submission.
(13) If applicable, plans and profiles of sanitary sewers and water mains, approved by the Municipal
Sewage Authority, will be required to accompany the final plat.
(14) When approval of a plat is required by an officer or body of the municipality, county or state, approval
shall be certified on the plat prior to its filing in the office of the County Clerk.
(15) All approvals and permits from other agencies.
(16) Performance guaranties, approved by the Borough Solicitor as to form and the Municipal Engineer as
to amount, sufficient to ensure the satisfactory completion of improvements and facilities as required
by the resolution of the Planning Board granting preliminary approval. The developer's engineer shall
submit a detailed engineer's estimate for review and approval by the Municipal Engineer.
§ 141-38. Plat design standards for major site plans.
In cases requiring site plan review and approval, applications for development shall be in accordance with the
provisions of §
141-32 of this chapter and shall be accompanied by information and documentation specified in
this section.
A. Preliminary site plan submission requirements. Site plans submitted for conventional developments shall
include materials that clearly show conditions on the site at the time of the application, the features of the
site which are to be incorporated into the proposed development and the appearance and function of the
proposed development. The various elements of the site plan shall be prepared by the professionals as
required in N.J.S.A. 13:40-7.1 licensed to practice in the State of New Jersey according to the following
instructions and including the following information and data:
(1) Site plans shall be drawn to a scale of not less than 100 feet to the inch. All distances shall be in
decimals of a foot, and all bearings shall be given to the nearest tenth-second, and the error of closure
of the tract shall be one in 10,000 and certified by a licensed land surveyor. Distances and bearings
shall be on the North American Datum of 1927 or North American Datum of 1983, as specified by the
Borough Engineer.
(2) Site plans shall be submitted on one of the following standard sheet sizes: 15 inches by 21 inches or
24 inches by 36 inches. If one sheet is not sufficient to contain the entire territory, one composite map
shall show the entire development with reference to the sheets on which the various sections are
shown.
(3) A key map showing the entire parcel to be developed and its relation to the surrounding area, based
on the Borough of Collingswood Zoning Map.
(4) The title of the development, North arrow, scale, name and address of the record owner as well as the
applicant and persons preparing the site development plan with their seal and signature affixed to said
plan.
(5) The name of the owners of record of all adjacent properties and the block and lot numbers of such
adjacent properties.
(6) All existing school, zoning and special district boundaries located on or adjacent to the property
involved. Such boundaries shall be shown on the key map accompanying the detailed site plan.
(7) The boundaries of the property involved, building or setback lines and lines of existing streets, lots,
reservations, easements and other areas dedicated to public use.
(8) The location of existing buildings and all other structures, such as but not limited to signs, culverts,
bridges (with spot elevations of such structures), walls, fences, roadways and sidewalks.
(9) The size, height, location, arrangement and use of all proposed areas, buildings, structures (including
fences, roadways and sidewalks) and special sites for individual uses, all including proposed grades.
(10) The location and design of any off-street parking or loading areas, showing size and location of bays,
aisleways, barriers, pedestrian access, vehicular access and number of parking or loading spaces.
(11) All means of vehicle access and egress proposed for the site, showing size and location of driveways
and driveway or curb openings to existing public streets. Shall include access streets by name;
acceleration and deceleration lanes; curbs; sight triangles; traffic channelization; traffic signs; fire
lanes; pedestrian walks; bikeways; and sidewalks.
(12) The location of all storm drainage pipes, structures and watercourses, whether publicly or privately
owned, with pipe sizes, grades and direction of flow, whether existing or proposed, and also whether
above or below the ground surface. Final stormwater outfalls in streams, swales, retention basins or
other receiving bodies of water shall be identified by coordinates based on the datum specified above.
(13) Existing and proposed topography with a contour interval of one foot where slopes are 3% or less, two
feet where slopes are more than 3% but less than 15% and five feet where slopes are greater than
15%, referenced to the National Geodetic Vertical Datum, 1929, and indicated by a dashed line.
Where any regrading is proposed, finished grade contours should be shown in solid lines.
(14) The location of existing high points, depressions, ponds, marshes, wooded areas and other significant
existing natural features.
(15) An environmental impact statement.
(16) A certified survey prepared by a land surveyor licensed in the State of New Jersey shall accompany
site plans and shall show the boundaries of the parcel and the limits of all proposed streets and other
property to be dedicated to public use or to common open space. In the case of new commercial,
industrial or public buildings, the site plan shall be accompanied by preliminary architectural floor
plans and elevations, with the name, address, professional number and seal of the architect involved.
In apartment, townhouse, or other residential projects, the number of dwelling units, by type, shall be
shown.
(17) All proposed street profiles and cross sections shall be shown, indicating width of roadway, location
and width of sidewalks and location and size of utility lines according to standards and specifications
of the Borough. Such features are to be shown on a separate map when necessary.
(18) The location of all proposed utilities, including but not limited to electrical, natural gas, telephone,
cable, solid waste disposal, sewer and water lines, valves, hydrants and other appurtenances in
conformance with applicable standards of the appropriate Borough, county and state agencies.
(19) The proposed positioning, direction, illumination, wattage and periods of operation of all proposed
outdoor lighting to be used anywhere on the site or in connection with any proposed building or
structure, including signs, thereon. Standards are outlined in §
141-71 of this chapter.
(20) The location of all proposed signs, their size, nature of construction, height and orientation, including
all identification signs, traffic and directional signs and freestanding and facade signs, together with
the nature and time control of sign lighting.
(21) Proposed screening and landscaping, to include existing vegetation, buffer areas, screening devices
or structures, seeded or sodded areas, ground covers, retaining walls and fencing as outlined in
§§
141-54 and
141-69.
(22) A copy of any covenants or deed restrictions that are intended to cover all or any part of the tract.
(23) An internal surface drainage plan designed to produce no greater volume of surface runoff from the
site subsequent to development than that existing prior to development.
(24) A written description of the proposed use(s) of nonresidential buildings, including the number of
employees; the proposed number of shifts to be worked and the maximum number of employees on
each shift; expected truck and tractor-trailer traffic.
(25) A listing of other required permits from agencies having jurisdiction and the status of each permit
required.
(26) Such other information or data as may be required by the Planning Board, as set forth in its rules of
procedure, in order to determine that the proposed development is in accord with the Borough Master
Plan and all applicable ordinances of the Borough.
B. Final submission requirements. Site plans shall be submitted for final approval in accordance with the
provisions of §
141-32 of this chapter and shall contain or be accompanied by the following:
(1)
Information and data contained in the submission for preliminary approval. Final site plans shall be
drawn to a scale of not less than 50 feet to the inch.
(2) Any site plan revisions, additional data or revised documentation required by the Planning Board in its
resolution granting preliminary approval.
(3) Offer of dedication of streets or other public ways and deed for any public open space resulting from
preliminary development approval.
(4) Performance guaranties, approved by the Borough Solicitor as to form and the Borough Engineer as
to amount, sufficient to ensure the satisfactory completion of improvements and facilities as required
by the resolution of the Planning Board granting preliminary approval. The developer's engineer shall
submit a detailed engineer's estimate to review and approval by the Borough Engineer.
(5) A statement from the Borough Engineer that adequate construction plans for all streets, drainage and
other facilities covered by the Borough's standards are adequate and comply with Borough's
standards.
(6) All approvals from other agencies having jurisdiction.
§ 141-39. Action and decisions for major subdivision and major site
plan approval.
A. Completeness of applications. The approving authority shall accept or reject the submission as a complete
application within 45 days of submission to the Planning Board Secretary and, if rejected, notify the
applicant within the same 45 days. If the Planning Board or designated authority does not notify the
applicant within 45 days, the application is considered complete.
B. Public hearing. If the submission is accepted as a complete application, a public hearing shall be set and
proper notice given.
C. Upon submission of a plat, the Secretary of the Planning Board shall submit one copy of the plat and
supporting data to the County Planning Board, the Municipal Engineer, the Environmental Commission
and any other agency or person, as directed by the approving authority, for review and action. Each shall
have not more than 30 days from receipt of the plat to report to the approving authority. In the event of
disapproval, such report shall state the reasons therefor. If any agency or person fails to submit a report
within 30 days, the plat shall be deemed to have been approved by it or him. Upon mutual agreement
between the County Planning Board and the approving authority, with approval of the developer, the thirty-
day period for a County Planning Board report may be extended for an additional 30 days; and any
extension shall so extend the time within which the approving authority is required to act.
D. Time periods for approvals.
(1) Site plans.
(a) Upon the submission of a complete application for a site plan which involves 10 acres of land or
less or 10 dwelling units or fewer, the Planning Board shall grant or deny preliminary approval
within 45 days of the date of such submission or within such further time as may be consented to
by the applicant.
(b) Upon the submission of a complete application for a site plan which involves more than 10 acres
or more than 10 dwelling units, the Planning Board shall grant or deny preliminary approval within
95 days of the date of such submission or within such further time as may be consented to by the
applicant.
(c) Final approval shall be granted or denied within 45 days after submission of a complete
application to the Planning Board Secretary or within such further time as may be consented to by
the applicant.
(2) Conditional uses. Upon the submission of a complete application, including a site plan, for a
conditional use, the Planning Board shall grant or deny preliminary approval of it within 95 days of the
date of such submission or within such further time as may be consented to by the applicant.
(3) Subdivisions.
(a) Upon the submission of a complete application for a subdivision of 10 or fewer lots, other than a
minor subdivision, the Board shall grant or deny preliminary approval within 45 days of the date of
such submission or within such further time as may be consented to by the applicant, except that
if the application for subdivision approval also involves an application for a variance, the Board
shall grant or deny preliminary approval within 95 days of the date of such submission of a
complete application or within such further time as may be consented to by the applicant.
(b) Upon the submission of a complete application for a subdivision of more than 10 lots, the
Planning Board shall grant or deny preliminary approval within 95 days of the date of such
submission or within such further time as may be consented to by the applicant.
(c) Final approval shall be granted or denied within 45 days after submission of a complete
application to the Planning Board Secretary or within such further time as may be consented to by
the applicant.
E. Failure of the Planning Board to reach a decision within the specified time periods or extensions thereof
shall result in the approval of the subdivision, site plan or conditional use as submitted.
F. The approving authority may approve, disapprove or approve with conditions the preliminary application,
including action on the environmental impact report. If the Planning Board requires any substantial
amendments in the layout of improvements proposed by the developer that have been the subject of a
hearing, an amended application for development shall be submitted and shall proceed as in the case of
the original application for development.
G. The approving authority shall grant final approval if the application conforms to the standards of this
chapter, the conditions of preliminary approval and, in the case of a major subdivision, the standards
prescribed by the Map Filing Law (N.J.S.A. 46:23-9.9 et seq.). In the case of a minor or exempt subdivision
or site plan where there has been no previous submission of an informal or preliminary plat, the approving
authority may waive the required notices and hearing. Minimal deviations shall not require the developer to
submit another application. Whenever review or approval of the application by the County Planning Board
is required by N.J.S.A. 40:27-6.3 or 40:27-6.6, the approving authority shall condition any approval that it
grants upon timely receipt of a favorable report from the County Planning Board or upon its failure to
submit a report within the required time period.
H. An approved final plat shall be signed by the Chairman and the Secretary of the approving authority (or the
Vice Chairman or the Assistant Secretary in their absence, respectively).
I.
Nothing herein shall be construed to limit the right of a developer to submit a sketch plat to the Planning
Board for an informal review, and neither the Planning Board nor the developer shall be bound by any
discussions or statements during such review, provided that the right of the developer at any time to
submit a complete application for subdivision or site plan approval shall not be limited to submission of a
sketch plat, and the time for Planning Board decision shall not begin to run until the submission of a
complete application.
J.
The Planning Board will not provide any professional review, outside the Planning Board meetings, to
applicants without the payment of a required escrow fee for review costs.
§ 141-40. Filing of subdivision plats.
A. Final approval of a major subdivision shall expire 95 days from the signing of the plat unless, within such
period, the plat shall have been duly filed by the developer with the County Clerk. The approving authority
may, for good cause shown, extend the period for recording for an additional period not to exceed 190
days from the date of signing of the plat. The Planning Board may extend the ninety-five- or one-hundred-
ninety-day signing period if the developer proves to the reasonable satisfaction of the Board that the
developer was barred or prevented, directly or indirectly, from filing because of delays in obtaining legally
required approvals from other governmental agencies and that the developer applied promptly for and
diligently pursued the required approvals. The length of extension shall be equal to the period of delay
caused by the wait for the required approvals, as determined by the Planning Board. The developer may
apply for an extension either before or after the original expiration date.
B. No subdivision plat shall be accepted for filing by the county recording officer until it has been approved by
the Planning Board as indicated on the instrument of signature of the Chairman and the Secretary of the
approving authority or a certificate has been issued pursuant to Sections 35, 38, 44, 48, 54, or 63 of P.L.
1975, c. 291. The signatures of the Chairman and Secretary of the approving authority shall not be affixed
until the applicant has posted the appropriate guarantees.
§ 141-41. Rights conferred by preliminary approval for a major
subdivision and major site plan.
A. Preliminary approval of a major subdivision or major site plan, except as provided in Subsection
B of this
section, shall confer upon the applicant the following rights for a three-year period from the date on which
the resolution of preliminary approval is adopted:
(1) That the general terms and conditions on which preliminary approval was granted should not be
changed, including but not limited to use requirements; layout and design standards for streets, curbs
and sidewalks, if any; lot size; yard dimensions and off-tract improvements; and in the case of a site
plan, existing natural resources to be preserved on the site; vehicular and pedestrian circulation,
parking and loading; screening, landscaping and location of structures; and exterior lighting both for
safety reasons and streetlighting; except that nothing herein shall be construed to prevent the
Borough from modifying by ordinance such general terms and conditions of preliminary approval as
relate to public health and safety.
(2) That the applicant may submit for final approval on or before the expiration date of preliminary
approval the whole or a section or sections of the preliminary subdivision plat or site plan.
(3) That the applicant may apply for and the reviewing board may grant extensions of such preliminary
approval for additional periods of at least one year, but not to exceed a total extension of two years,
provided that, if the design standards have been revised by ordinance, such revised standards may
govern.
B. Whenever the Planning Board grants an extension of preliminary approval pursuant to Subsection
A(3) of
this section and preliminary approval has expired before the date on which the extension is granted, the
extension shall begin on what would otherwise be the expiration date. The developer may apply for the
extension either before or after what would otherwise be the expiration date.
C. The Planning Board shall grant an extension of preliminary approval for a period determined by the Board
but not exceeding one year from what would otherwise be the expiration date, if the developer proves to
the reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly,
from proceeding with the development because of delays in obtaining legally required approvals from other
governmental entities and that the developer applied promptly for and diligently pursued the required
approvals. A developer shall apply for the extension before what would otherwise be the expiration date of
preliminary approval or before the 91st day after the developer receives the last legally required approval
from other governmental entities, whichever occurs later. An extension granted pursuant to this subsection
shall not preclude the Planning Board from granting an extension to Subsection
A(3) of this section.
§ 141-42. Effect of final approval of a major subdivision, minor and
major site plan.
A. Requirements applicable to the preliminary approval first granted and all other rights conferred upon the
developer pursuant to this chapter, whether conditionally or otherwise, shall not be changed for a period of
two years after the date on which the resolution of final approval is adopted, provided that, in the case of
major subdivisions, the rights conferred by this section shall expire if the plat has not been duly recorded
within the time period provided in this chapter. If the developer has followed the standards prescribed for
final approval and, in the case of a subdivision, has duly recorded the plat as required in this chapter, the
reviewing board may extend such period of protection for extensions of one year, but not to exceed three
extensions. Notwithstanding any other provision of this chapter, the granting of final approval terminates
the time period of preliminary approval pursuant to this chapter for the section granted final approval.
B. Whenever the Planning Board grants an extension of final approval pursuant to Subsection
A of this
section and final approval has expired before the date on which the extension is granted, the extension
shall begin on what would otherwise be the expiration date. The developer may apply for the extension
either before or after what would otherwise be the expiration date.
C. The Planning Board shall grant an extension of final approval for a period determined by the Board but not
exceeding one year from what would otherwise be the expiration date if the developer proves to the
reasonable satisfaction of the Board that the developer was barred or prevented, directly or indirectly, from
proceeding with the development because of delays in obtaining legally required approvals from other
governmental entities and that the developer applied promptly for and diligently pursued these approvals.
A developer shall apply for the extension before what would otherwise be the expiration date of final
approval or before the 91st day after the developer receives the last legally required approval from other
governmental entities, whichever occurs later. An extension granted pursuant to this subsection shall not
preclude the Planning Board from granting an extension pursuant to Subsection
A of this section.
Article VIII. Design and Performance Standards
§ 141-43. Compliance required.
All developments shall conform to design standards encouraging sound development patterns within the
Borough. In cases of conflicting requirements in the Code, the more stringent sections of the Code would apply
in all cases.
§ 141-44. (Reserved)
[1]
Editor's Note: Former § 141-44, Accessory apartments, was repealed 3-3-2002 by Ord. No. 1306.
§ 141-45. Accessory structures.
A. Any accessory building attached to a principal building is part of the principal building and shall adhere to
the yard requirements for the principal building.
B. The minimum distance of any accessory building to a property line shall be five feet and to any building on
the same lot shall be 10 feet.
C. Accessory buildings shall not exceed 15 feet in height and on residential lots shall not exceed 500 square
feet in floor area. The coverage of an accessory building shall count toward the total building coverage on
the lot.
D. An accessory building may be erected in the side or rear yard only. If erected on a corner lot, it shall be set
back from the side street to comply with the setback line applying to the principal building.
E. No barn, building or structure of a temporary nature, garage, outbuilding or shack shall be placed, erected
or permitted to be used, either temporarily or permanently, on any lot or parcel of land for living or sleeping
purposes in any district, except as permitted as an accessory apartment. (Refer to §
141-44). No tent shall
be placed, erected or permitted to be used, either temporarily or permanently, on any lot or parcel of land
for living or sleeping purposes in any district, except that the placing of a tent in the rear yard of a premises
for sleeping purposes on an occasional basis during summer months shall not be deemed a violation of
this section.
§ 141-46. Adult entertainment uses.
A. Statutory authorization; findings of fact; purpose and objectives.
(1) Statutory authorization. The Legislature of the State of New Jersey has delegated the responsibility to
the local governmental units to adopt regulations designed to promote the public health, safety and
general welfare of its citizenry. Therefore, the Borough of Collingswood and State of New Jersey does
ordain as follows.
(2) Findings of fact. Adult entertainment and sexually oriented businesses have a deleterious effect on
both the existing businesses around them and the surrounding residential areas adjacent to them;
cause increased crime, especially prostitution; adversely affect property values; create an atmosphere
which is inimical to the values of a significant segment of the Borough's population; and encourage
residents and businesses to move elsewhere. It is further recognized that sexually oriented
businesses, when located in close proximity to each other, contribute to urban blight and downgrade
the quality of life in the adjacent areas.
(3) Purpose and objectives. It is the purpose of this section to regulate sexually oriented businesses to
minimize and control the adverse effects recognized in Subsection
A(2) and to promote the public
health, safety and general welfare of the citizens of the Borough. It is not the purpose of this section to
restrict or deny access by adults to sexually oriented materials protected by the First Amendment nor
will this section have the effect of restricting or denying such access.
B. Location of adult entertainment uses.
(1) A person commits an offense if he operates or causes to be operated an adult entertainment use:
(a) Within 1,000 feet of a place of worship.
(b) Within 1,000 feet of any school, whether public or private, or within 1,000 feet of any bus stop.
(c) Within 1,000 feet of any public area as defined by this chapter.
(d) Within 1,000 feet of any other adult entertainment use.
(e) Within 1,000 feet of any residential district.
(f) Within 500 feet of a specific residential use.
(2) Measurement shall be made in a straight line, without regard to intervening structures or objects, from
the nearest portion of the building or structure used as a part of the premises where a sexually
oriented business is conducted to the nearest property line of the premises of a place of worship, a
school, a public area, a lot devoted to residential use, a residential district, or another adult
entertainment use.
(3) An adult entertainment business lawfully operating as a conforming use is not rendered a
nonconforming use by the location, subsequent to the establishment of the sexually oriented
business, of a place of worship, school, public area, residential district or residential lot within 1,000
feet of the sexually oriented business.
(4) Adult entertainment uses shall conform to the location and development requirements established in
this chapter.
C. Prohibition against commercial display of obscene materials or acts. A person is in violation of this chapter
if he knowingly conducts or maintains any premises, place or resort as a place where obscene material, as
defined in N.J.S.A. 2C:34-2 and N.J.S.A. 2C:34-3, is sold, photographed, manufactured, exhibited or
otherwise prepared or shown in violation of N.J.S.A. 2C:34-2, N.J.S.A. 2C:34-3 and N.J.S.A. 2C:34-4.
D. Enforcement.
(1) Any person violating any provision of this section, upon conviction, is punishable by a fine not to
exceed $1,000 or a term of imprisonment not to exceed 90 days, or both. In no event shall any person
violating this section, upon conviction, receive a fine below the amount of $100.
(2) Each day an adult entertainment business is operating in violation of Subsection
B of this section shall
constitute a separate offense under this section.
(3) Each separate film, videocassette or other visual reproduction or each showing of live entertainment
which is displayed to another in violation of Subsection
C of this section is a separate offense under
this section.
§ 141-47. Apartments.
Apartments shall have site plan approval and a central water supply and sanitary sewer system approved by
appropriate state and local agencies.
A. Each overall development shall have a compatible architectural and landscaping theme.
B. No structure shall have a complete dwelling unit lower than the finished grade along the front of the
structure.
C. Usable recreation areas. For any apartment building or group of such buildings containing a total of more
than 24 dwelling units, there shall be reserved and improved, in addition to the minimum space between
buildings and the off-street parking space herein required, a minimum open space equivalent to 15% of the
site area within the garden apartment house site for usable recreation space, provided that no single
contiguous usable recreation space shall be smaller than one acre except where a smaller area shall be
approved for limited purposes by the Planning Board; and no building containing dwelling units shall be
more than 500 feet from the nearest usable recreation space. Usable recreation space shall be approved
for such use by the Planning Board incidental to site plan approval, as hereinafter provided. In no case
shall swampy or poorly drained land be approved for such purpose, nor shall any part of any recreation
area to be devoted to and used for baseball or football fields, swimming pools, children's playgrounds and
the like be within 200 feet of any public street line or within 100 feet of the boundary of any abutting
property zoned for residential use. Swimming pools, ball fields, play courts and other recreation facilities
shall be confined to these approved recreation areas. All lighting fixtures shall be so designed, located and
shielded that light radiating therefrom shall be reasonably confined to the recreation areas.
D. Solid waste disposal. Such disposal shall be provided for within a permanently enclosed area for each
building of an apartment site. Provision shall be made for the private disposal of the same, other than by
incineration at the site or by disposition by the Borough's contractors or agents. If disposition by the
Borough's contractors or agents is contemplated, the applicant shall agree to be bound by any and all
rules and regulations made by the Borough or its contractors for such disposition.
§ 141-48. Appliances and recreational equipment: placement of in
yards and open areas.
No major appliance or recreational equipment, including but not limited to a refrigerator, stove, washing
machine, clothes dryer or fixture, a hot water heater, bathtub, spa, toilet, lavatory, stationary tubs, swing sets,
jungle gyms, sandboxes or play stations, shall be placed, either temporarily or permanently, in any required
yard setback area, and none of the aforementioned items, excepting recreational equipment, shall be placed
temporarily or permanently in any open area on any lot or parcel of land, except that such an appliance or
fixture may be placed at the curb for collection by the trash collecting contractors or agents of the Borough of
Collingswood in accordance with such regulations as the Borough may impose or with such contractual
agreement as the Borough may have for the collection of the same. The placing of such an appliance or fixture
by a merchant whose business establishment is located in a business or industrial district and who is engaged
in the business of selling such appliances or fixtures in an open area of his business establishment shall not be
deemed a violation of this section, but this sentence shall not be deemed to allow such placing if such action is
otherwise prohibited by any other provision of this chapter or any other ordinance or statute.
§ 141-49. Automotive garages.
A. Purpose. Automobile service stations and repair garages shall be permitted, provided that the minimum
requirements listed herewith in are met.
B. Minimum requirements shall be as follows:
(1) Such facility shall have a minimum site size of 20,000 square feet, with a minimum width of 125 feet.
(2) The height of any garage or structure shall not exceed one story or 25 feet.
(3) There shall be a front yard setback of a minimum of 25 feet; one side yard setback of at least 20 feet
for each side yard; and a rear yard setback of at least 35 feet.
(4) The means of vehicular access and egress as well as internal circulation at the facility must be clearly
defined and controlled to ensure safe and efficient operation of the facility and to assure safe
integration of automotive traffic with other vehicular and pedestrian traffic.
(5) Exterior lighting shall be arranged so that it is deflected away from adjacent land uses and should be
arranged so as not to obstruct or deter the visibility of drivers or pedestrians. No blinking or flashing
lighting system shall be permitted.
(6) Parking shall be provided at the rate of four parking spaces for each service bay. Such spaces shall
be located in the rear or side yard of the site.
(7) Except for changing of tires and other similar minor automobile servicing, all other repair work shall be
carried on in fully enclosed structures and all repair or service apparatus shall be located within the
building. Outdoor storage of equipment or parts shall not be permitted.
(8) Signs, pennants, flags and all other advertising displays visible or audible from any public right-of-way
are prohibited, except as allowed under Article
IX of this chapter
(9) Floor drains shall be connected to a grease interceptor device.
(10) No motor vehicles shall be sold or displayed for sale on the premises. Only registered motor vehicles
shall be stored on the premises awaiting repair, and the maximum storage time shall be 30 days.
§ 141-50. Automotive sales.
A. Purpose. Automobile sales shall be permitted as a conditional use, provided that they meet the following
requirements.
B. Minimum requirements shall be as follows:
(1) No automobile or vehicle shall be displayed closer than 15 feet to the street line.
(2) Customer parking shall be provided in accordance with the requirements set forth in §
141-76, and the
customer parking spaces shall be clearly identified on the site. No vehicle display shall be permitted in
the customer parking spaces.
(3) The use of bare light bulbs or strings of lights shall not be permitted nor shall banners, flags, movable
signs, flashing lights, rotating devices or similar devices be permitted. Signs shall conform to the
requirements of Article
IX.
(4)
In order to avoid undue distractions to the traveling public, automobile prices or the year of
manufacture shall not be boldly displayed on the automobile in a manner which would be legible from
the street.
(5) Any service activity related to the car sales shall be fully enclosed, shall be located to the rear of the
site, and shall be accessory in nature.
§ 141-51. Automotive service stations.
A. Purpose. It is found and declared that the location and operation of gasoline service stations shall be
subject to regulation under the police power. The business of storing and handling flammable and
explosive liquids and the noxious odors, noise and traffic hazards that emanate from such a business
make the regulation of its location and operation necessary and reasonable to promote the public health,
safety and general welfare.
B. Permit required. No gasoline service station shall be built, altered or enlarged without first obtaining a
conditional use permit from the appropriate administrative approving authority.
C. Site plan requirements. A site plan indicating the dimensions of the site, the relative locations of all
buildings, pump islands, tanks, tank size, a schematic showing tank location, signs, screening,
accessways, lighting and landscaping shall be submitted with the application for a conditional use permit.
D. Location and site requirements.
(1) Location.
(a) Gasoline service stations shall be located in Highway Business and Highway Industrial Districts
as a conditional use according to the provisions set forth in the zoning regulations.
(b) There shall be a minimum distance of 500 feet measured from the nearest points of lot
boundaries between a proposed gasoline service station and any existing gasoline service station
or between a proposed gasoline service station and any lot occupied by a church, hospital,
school or other place of public assembly, as defined by the State Uniform Construction Code.
[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
(2) Site requirements.
(a) Minimum frontage and area. The minimum frontage shall be 100 feet, and the minimum lot area
shall be 10,000 square feet.
(b) Minimum setback. The gasoline service station building shall be set back a minimum of 30 feet
from the property line.
(c) Accessways. No driveway approach shall be located within 10 feet of an adjoining property line or
within 25 feet of a street intersection.
(d) Curb cuts. The width of curb openings shall not exceed 35 feet and shall not be permitted at
locations that will tend to create traffic hazards.
(e) Screening. Screening shall be constructed on any lot line which abuts a residential zone. The
screening shall consist of a concrete or masonry wall which shall comply with other requirements
of the Borough of Collingswood.
E. Design standards. In addition to design standards set forth in any other applicable codes, all gasoline
service stations shall be designed and constructed in conformity with the following design standards:
(1) Fire-resistant materials. Gasoline service stations, including canopies and supports over pumps, shall
be of noncombustible, fire-resistive construction in accordance with the standards of the State Uniform
Construction Code.
(2) Floor surfaces. Floor surfaces shall be on noncombustible, nonabsorbent materials. Driveways,
service areas and parking areas may be surfaced with asphaltic pavement or portland cement binder.
There shall be a concrete area of sufficient dimension to allow vehicles obtaining gasoline to rest on
concrete, surrounding the islands whereupon the gas pumps are located.
(3) Floor drains. Floors shall drain to approved oil or gasoline separators or traps discharging to a sewer
installed in accordance with the Uniform Construction Code.
(4) Ventilation and light. Windows shall have glazed openings of clear glass of an area not less than 1/10
of the total floor area. Exhaust ventilation shall be provided, sufficient to produce four air changes per
hour unless the building is supplied with unobstructed openings to the outer air which are sufficient to
provide the necessary ventilation.
(5) Basements. Service station buildings shall not contain basements or rooms below grade. No pits will
be permitted.
(6) Rest rooms. Rest room facilities shall be located either in the service station building or conveniently
in an adjacent building. Separate facilities shall be provided for each sex, and all rest room entrances
shall be screened from view of adjacent properties or street rights-of-way.
F. Dispensing devices.
(1) Pump island location. Pump island(s) shall be a minimum of 15 feet from the right-of-way-line or the
property line and a minimum of 20 feet from any building on the lot.
(2) Pump island platform. All pumps must be securely anchored on a concrete base of a minimum of six
inches in height and have a minimum of 12 inches beyond the dispenser in any direction.
(3) Approval of equipment. Pumps, electrical equipment, piping systems, base, nozzles and other integral
parts of the dispensing device shall be approved in accordance with the standards of the State
Uniform Construction Code.
(4) Pumps. Motor vehicle fuel shall be transferred from underground tanks by means of fixed pumps, so
designed and equipped as to allow control of the flow and to prevent leakage of accidental discharge.
(5) Nozzles. Automatic nozzles with latch-open devices shall not be permitted.
(6) Controls. Dispensers shall be equipped with remote master control devices to shut off all pumps in the
event of an emergency. Signs identifying the pump shutoff controls shall be labeled "Emergency
Pump Shutoff."
(7) Indicators.
(a) Price per gallon. Every dispensing device shall be equipped with a price per gallon, half gallon or
liter indicator.
(b) Total price indicator. Every dispensing device shall be equipped with an indicator which shall
record the total price computed on the basis of the posted price and numbers of gallons, half
gallons or liters delivered.
G. Fuel storage tanks. Flammable and combustible liquids (including Class I and II liquids) used or intended
to be used as motor vehicle or home heating fuel shall be stored in underground tanks.
(1) Location. Underground storage tanks shall be located at least five feet from any wall, foundation or
property line.
(2) Underground tanks. All underground storage tanks shall be installed in accordance with existing
NFiPA Standard No. 30.
H. Firesafety requirements.
(1)
Ignition sources. The attendant shall require and the driver of any motor vehicle shall shut off the
motor of any vehicle during the fueling operation. Smoking shall not be permitted in areas where
motor vehicles are being fueled.
(2) Fire extinguishers. There shall be at least one extinguisher for every four dispensing devices and shall
be located no further than 75 feet from any dispensing device. The extinguishers shall be
A-Multipurpose A.B.C. with a 4A-40 B:C rating.
(3) Portable containers. Motor vehicle fuel may be transferred into closed portable containers. The
containers shall be approved by either the Underwriters' Laboratories, Inc., the American Petroleum
Institute or the American Society of Mechanical Engineers and shall have a maximum capacity of six
gallons.
I.
Storage and display of merchandise.
(1) The display of automotive merchandise for sale shall be permitted in enclosed buildings or on pump
islands and within three feet of the station building. No more than one display rack for each type of
item is permitted at each pump island.
(2) The storage and sale of non-automotive-related merchandise, except by means of coin-operated
devices, shall be prohibited.
J.
Storage and vehicles on property.
(1) Trash and refuse shall be stored in an enclosed or walled area and shall not be visible from the
exterior boundaries of the property. Refuse storage areas shall be at least 100 square feet in area and
at least five feet in height.
(2) No large commercial vehicles (other than those owned by the owner, operator, lessee or licensee)
shall be parked or stored on the gasoline service station premises. There shall be no tank trucks
parked or stored on the gasoline service station property.
(3) The leasing of motor vehicles shall not be permitted on any gasoline service station premises.
K. Lighting. Lights to illuminate the service site shall be directed toward the site, and the light standard for
such lights shall not exceed 20 feet in height. All exterior lighting shall be so arranged as to reflect the light
away from adjacent premises and shall also be so arranged as to not affect driver visibility adversely on
adjacent thoroughfares. There shall be no flashing or revolving lights.
L. Attendants.
(1) Every service station shall have at least one competent attendant on duty during all hours of its
operation.
(2) The station operator shall be responsible for instructing attendants as to fire code provisions for the
dispensing of motor vehicle fuels and for the operation of dispensing devices and fire extinguishers to
the satisfaction of the fire protection subcode official.
M. Signs.
(1) A sign shall be posted on every dispensing device, at least 12 inches in height and 12 inches in width,
stating clearly and legibly the price per gallon, half gallon or liter; the breakdown of applicable federal,
state and local taxes; and the octane rating of the fuel.
(2) A sign, in block letters at least four inches in height, shall be conspicuously posted on each pump
island indicating whether the island is self-service or full-service.
(3) Signs shall be posted on every self-service dispensing device, in block letters at least 1/2 inch in
height, giving instructions as to the use of self-service devices.
(4) At least one sign shall be posted on the premises, clearly visible and readable from all traffic lanes in
each direction on such street or streets, indicating thereon the actual price per gallon, half gallon or
liter; the applicable federal, state and local taxes; each grade of motor vehicle fuel which is currently
being offered for sale, sold or otherwise dispensed; and the maximum or minimum purchase limits, if
any. The size of such sign shall be a minimum of 12 square feet, in lettering no smaller than six inches
in height and in numerals no smaller than 10 inches in height.
(5) Signs, in block letters at least two inches in height, shall be conspicuously posted at each pump island
warning of fire code provisions prohibiting the dispensing of gasoline into containers other than safety
cans or the fuel tanks of motor vehicles, prohibiting smoking in the area of the islands and requiring
the motors of all vehicles to be shut off during fueling.
(6) Banners, flags and other signs or attention-attracting devices shall not be permitted, except during the
first 15 days of the opening of a station, provided that this limitation shall not apply to the display of
official flags or colored flags required to be displayed during gasoline shortage.
N. Landscaping. Landscaping shall cover a minimum of 5% of that portion of the site not occupied by
buildings or pump islands. The installation of landscaping shall be indicated on the site plan. Adequate and
proper maintenance of such landscaping shall be the responsibility of the station operator.
O. Repairs. Only minor repairs shall be permitted upon the premises of a gasoline service station. "Minor
repairs" shall be defined as those repairs involving work on no more than three vehicles at any one time
inside the building or structure and on not more than one vehicle on the outside premises during operating
hours. No vehicles shall be left outside the building or structure in a state of disrepair during nonoperating
hours.
§ 141-52. Bed-and-breakfast accommodations.
A. Purpose. Bed-and-breakfasts (B&B) offer an opportunity for the Borough to provide transient
accommodations for guests in a residential and architecturally compatible setting within the Borough.
B. Bed-and-breakfast accommodations are permitted within the Professional Office Districts but are
conditional uses within the Single-Family, Detached Residential District Three. In either district, the
facilities shall meet the following requirements:
(1) B&B shall be permitted only in single-family, detached dwellings, with a minimum of 2,000 square feet
of living space.
(2) The B&B or an approved accessory apartment on the same lot shall be the primary residence of either
the owner or property manager.
(3) All B&B facilities shall be registered in accordance with state and local laws.
(4) A maximum of five guest rooms within each B&B shall be rented at one time.
(5) The maximum consecutive stay for any guest shall be limited to 14 days.
(6) Any meal provided, usually breakfast, shall be provided for the registered guests only. Adequate
parking shall be provided on site, at a minimum of one space per guest room, plus two spaces for the
residents of the dwelling, and one space per employee who does not reside in the dwelling. Parking
shall not be permitted in the front yard, and adequate buffers shall be provided to any adjacent
residential use.
§ 141-53. (Reserved)
[1]
Editor's Note: Former § 141-53, Boardinghouses, was repealed 3-3-2002 by Ord. No. 1306.
§ 141-54. Buffers.
Within any zone where a nonresidential development abuts a residential zone or where off-street parking and
loading for six or more vehicles abuts a residential zone or where the Planning Board deems necessary due to
site conditions, the following buffer area and landscaping requirements shall apply:
A. Buffer areas shall be located on the nonresidential lot along the abutting residential property lines where a
nonresidential use abuts a residential use. They shall be 10% of the average width and depth of the
nonresidential abutting property and shall be of uniform width. The width of the buffer shall not exceed 50
feet.
B. Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass. Any screen
planting shall be maintained permanently, and any plant material which does not live shall be replaced
within one year or one growing season.
C. No structure, activity, storage of materials or parking of vehicles shall be permitted in the buffer area,
except access drives from public streets, one unlighted directional sign per each direction of traffic per
access drive and permitted signs as specified in the district regulations.
D. Requirements for planting in buffer area.
(1) A solid and continuous landscaped screen shall be planted and maintained. The landscaped screen
shall consist of evergreen trees. Trees shall be planted in an area five feet to 20 feet from the
residential line in a zigzag pattern and not more than 10 feet apart, except where otherwise authorized
by the approving authority. They shall not be less than five feet high when planted, and the lowest
branches shall be not more than one foot above the ground.
(2) In addition to the landscaped screen, shade trees shall be planted by the applicant at a distance of not
more than 40 feet from each other.
(3) Shrubs shall be planted in clumps, so as not to produce a hedge, to supplement any open spaces
within the buffer.
E. The approving authority shall have the power to waive any or all of the buffer requirements to the extent
that it determines compliance with the same to be impracticable or unnecessary. In making the foregoing
determination, the approving authority shall review the proposed plat, considering the size of the lot; the
use being made or contemplated of the lot; the location of the buildings, parking areas and outdoor
illumination; the topographic features of the area; the adequacy and location of existing green areas and
buffer areas; the surrounding area and uses; and similar features.
§ 141-55. Churches and places of worship.
A. Churches are considered conditional uses and shall be permitted in any residential district, provided that
the following controls shall apply.
B. Minimum requirements.
(1) Churches and places of worship shall be permitted only on lots which are a minimum of one acre in
size, located on a major street, and have a minimum site frontage of 150 feet.
(2) On-site parking shall be provided in accordance with the standard for churches as set forth in §
141-
76 of this chapter. Parking shall not be permitted in the front yard.
(3) Appropriate buffers shall be provided between the parking area and adjoining residences.
(4) No building or part thereof shall be erected nearer than a distance of 50 feet to any property line.
(5) All accessory buildings shall be located on the same lot as the principal structure. The building
coverage shall not exceed 30% of the lot area.
§ 141-56. (Reserved)
[1]
Editor's Note: Former § 141-56, Community residential homes, was repealed 3-3-2002 by Ord. No. 1306.
§ 141-57. Conditional uses.
A. Before any permit shall be issued for a conditional use, applications shall be made to the approving
authority, who shall grant or deny the application after public hearing within 95 days of submission of a
complete application to the administrative officer or within such further time as may be consented to by the
applicant. Notice of the hearing shall include reference to all matters being heard, including site plan
and/or subdivision, and the approving authority shall review and approve or deny the subdivision or site
plan simultaneously with the conditional use application. Failure of the approving authority to act within the
required time period shall constitute approval of the application.
B. In reviewing the application, the approving authority shall review the specific requirements set forth in this
chapter and shall give due consideration to elements which would affect the public health, welfare, safety,
comfort and convenience, such as but not limited to the proposed use(s), the character of the area,
vehicular travel patterns and access, pedestrianways, landscaping, lighting, signs, drainage, sewage
treatment, potable water supply, utilities and structural location(s) and orientation(s).
C. Each conditional use shall be considered as an individual case. In all requests for approval of conditional
uses, the burden of proof shall be on the applicant even though a conditional use shall be a permitted use
in the district in which it is located. All conditional uses shall require site plan approval and follow the
procedures for applications as stated in §
141-32.
§ 141-58. Convenience stores.
A. Convenience stores shall be permitted as principal uses in the Highway Business District and as a
conditional use in the Central Business and Professional Office Districts. All convenience stores shall meet
the following standards:
(1) Area and bulk standards. Compliance with the area and bulk standards of the base zoning district as
specified in this chapter.
(2) Exterior building treatment. The building facade and architectural treatment shall be compatible with
the existing facades in the area and subject to review by the Planning Board and its professionals.
(3) Display windows. Display windows shall be provided along the street consistent with the architectural
character of the area. It shall be the design intent of this component to create showcase windows
which are professionally designed and decorated and seasonally changed.
(4) Lighting design.
(a) Lighting design shall be consistent with the historic district standards recommendations or shall
be designed to be consistent with the pattern of lighting in the area and as stipulated by the
Planning Board and the Historic Preservation Commission. There shall be three categories of
lighting. They are:
[1] Ornamental.
[2] Security.
[3] Window and soft lighting.
(b) The design of the lighting shall be structured so as to compliment display window lighting, provide
security, and provide ornamental lighting along property edges and the street.
(5) Landscape design. The applicant shall provide a landscape plan for:
(a) Buffer areas along the periphery of the property. Such landscaping shall consist of a variety of no
fewer than three types of evergreen trees, a minimum of six feet high at time of planting. Such
buffer areas shall be randomly interspersed with deciduous street trees, no less than three inches
caliper, with a height of no less than 15 feet at time of planting.
(b) Street trees shall be provided in the parking area with one tree for every five spaces. Such trees
shall be no less than three inches caliper, with a height of no less than 15 feet at time of planting.
(c) Understory plants suitable for foundation planting shall be provided throughout the site along the
edges of the primary building, edges of parking lots and other areas such as the entranceway to
the facility.
(6) Back-of-house buffer and screening. The back-of-house areas commonly associated with such
facilities, and used for storage of trash receptacle loading and unloading, shall be completely
screened using the same walls and architectural materials of the main building. Such area shall have
freezeproof water connections for cleaning purposes and the capability of weatherproof storage of
recyclable materials.
(7) Signage.
(a) Signage shall be consistent with the historic district standards or recommendations. A
comprehensive signage plan shall be provided which clearly identifies all types of signage and
their location on the site and building.
(b) Identification signs and logos shall be reviewed by the Planning Board, its professionals and the
Historic Preservation Commission for consistency with the style and character of signage in the
district.
(c) Signs shall be:
[1] Flat wall-mounted.
[2] Painted, wood routed (either actual or simulated), professionally designed, built and installed.
[3] Sign lighting shall be frontlit. Backlit plastic signs shall be prohibited.
[4] Directional signs shall be erected on ornamental posts, either wood, cast-iron or simulated
cast-iron, and designed and framed so that they are in conformance with the architecture of
the building and area.
(8) Off-street parking.
(a) Off-street parking shall be located in the rear yard of the site. No off-street parking shall be
permitted in front of the use.
(b) Cross access easements and a linkage point shall be provided to connect the parking to adjacent
commercial uses.
(c) To the maximum extent practical, vehicle access/egress shall be via driveways in the side or rear
yard area and/or cross access linkage to the adjoining parcels. Direct access to Haddon Avenue
shall be prohibited.
(9) Hours of operation. Convenience stores shall not conduct business between the hours of 1:00 a.m.
and 6:00 a.m.
§ 141-59. Curbs and gutters.
Unless waived by the approving authority, concrete curbs shall be installed on all new streets and replaced on
all streets where there are existing concrete curbs at the time development takes place. The standard curb
section shall be 10 feet in length with preformed expansion joint material on not more than twenty-foot centers
and shall be set in accordance with approved lines and grades, and radial curbs shall be formed in a smooth
curve. Chord segments are prohibited. The finish shall be a smooth float finish with corners rounded. Concrete
curbs shall be 9 inches by 20 inches (eight-inch exposed face), using Class B concrete having a twenty-eight-
day compressive strength of 4,000 pounds per square inch and shall be air entrained. The curbing shall be
designed to provide barrier-free curb ramps constructed in accordance with the Design Standards for Curb
Ramps for the Physically Handicapped of the New Jersey Department of Transportation.
§ 141-60. Drainage.
All new streets shall be designed to accommodate storm drainage along streets, including the installation of
drainage inlets and pipes where necessary for proper surface drainage. The requirements of this section shall
not be satisfied by the construction of dry wells. The system shall be adequate to handle all water which
originates within the development and beyond, calculated on the basis of maximum potential development as
permitted under this chapter. No water shall be diverted as to overload existing drainage systems or create
flooding or the need for additional drainage structures on other lands.
A. A twenty-year storm curve shall be used in computing stormwater runoff from the drainage basin to
determine the impact on the drainage system under consideration.
B. The pipe size shall be determined by drainage design procedures acceptable to the approving authority. In
no case shall the pipe size in a surface water drainage system be less than 15 inches in diameter.
C. Drainage inlets shall be located at all intersections, with inlets on both sides of the street at intervals of not
more than 400 feet or such shorter distances as required to prevent the flow of surface water from
exceeding 6.0 cubic feet per second at the drainage inlet. Access manholes shall be placed at maximum
five-hundred-foot intervals throughout the system and at pipe junctions where there are no drainage inlets.
D. Dished gutters on minor streets shall be permitted only at intersections involving minor streets. Dished
gutters shall not be permitted on collector streets.
E. Storm drainpipes running longitudinally along streets shall not be located under curbing.
F. Storm drainpipes shall be the size specified and laid to the exact lines and grades approved by the
Municipal Engineer. Specifications for manholes, inlets and storm drains shall follow the 1961 State
Highway Specifications, as amended.
G. Blocks and lots shall be graded to secure proper drainage away from all buildings, to prevent the collection
of stormwater in pools and to avoid the concentration of stormwater from each lot to adjacent lots.
H. Where any development is traversed by a watercourse, surface or underground drainageway or drainage
system, channel or stream, a drainage right-of-way easement shall be provided and dedicated to the
Borough, conforming substantially to the lines of such watercourse, with such further width as will be
adequate to accommodate expected stormwater runoff in the future based upon reasonable growth
potential in the Borough. A minimum of 15 feet beyond the bank top on at least one side shall be provided
for access to the drainage right-of-way.
I.
Where storm drainpipes are installed outside of streets, easements or rights-of-way shall be required.
§ 141-61. Easements.
Easements for access, utilities, or other public needs shall be along side and/or rear property lines where
possible, shall not be less than 15 feet wide, shall be dimensioned on the plat and shall be identified as follows:
" ___________ easement granted to the Borough of Collingswood as provided for in Ordinance No.
____________."
§ 141-62. Environmental impact statement.
A. An environmental impact statement (EIS) shall accompany all preliminary site plans and subdivision plats.
It shall be in eight-and-one-half-inch by eleven-inch format, bound, and shall contain maps and text
descriptions which detail the following:
(1) Background information. The report should include the name and address of owner, applicant, design
engineer, and any other professionals associated with the project; date of report; project title and
address; description of existing use and proposed uses; current zoning and any waivers, variances, or
deviations from the requirements of this chapter.
(2) A description of the development specifying what and how it is to be done during construction and
operation and practical alternate plans to achieve the objective(s).
(3) An inventory of on-site environmental conditions and an assessment of the probable impact of the
development upon them; water supply; geology; soils and properties thereof, including capabilities
and limitations; sewerage; topography; vegetation and landscaping; noise characteristics and levels;
land use; traffic on and around site; aesthetics; and history. Air and water quality shall be described
with reference to the standards of the Department of Environmental Protection and Energy of the
State of New Jersey, and soils shall be described with reference to the Soil Conservation Service
categories and characteristics.
(4) A list and the status of the approvals needed from federal, state or county agencies, including
comments of these governmental agencies.
(5) An evaluation of any adverse environmental impacts which cannot be avoided, including air and water
pollution, noise, traffic, sedimentation and siltation, and any increase in Borough services and
consequences to the Borough tax structure.
(6) A description of steps to be taken to avoid or minimize adverse environmental impacts during
construction and operation, including maps, schedules and other explanatory data.
B. Notwithstanding the foregoing, the approving authority may waive all or part of an environmental impact
statement if sufficient evidence is submitted to support a conclusion that the development will have a slight
or negligible environmental impact or that the complete report need not be prepared to evaluate the
environmental impact of the development. A waiver from the submission of an EIS must be requested prior
to being deemed complete, and the approving agency shall either approve, approve in part or disapprove
the request at the first regular meeting at which the application is heard.
§ 141-63. Family day-care home.
Family day-care homes shall be permitted uses in all residential districts and are subject to same requirements
of a single-family unit within the same zoning district contained within this chapter. The family day-care home
shall be the private, occupied, and primary residence of the day-care provider. There shall be no less than
three and no more than five children. Services must be provided for more than 15 hours per week. Family day-
care homes are required to be licensed and registered in accordance with the Family Day Care Provider
Registration Act.
§ 141-64. Fast-food and drive-through restaurants.
A. Purpose. The purpose of this section is to establish performance standards for fast-food and other
restaurants with drive-through facilities.
B. All fast-food restaurants are subject to the area and bulk requirements of the district in which they are
located or the following, whichever is more restrictive:
(1) Minimum lot size shall be 50,000 square feet.
(2) Minimum lot width: 175 feet.
(3) Maximum building coverage: 15%.
(4) Maximum impervious surface, including building: 60%.
(5) Minimum front yard: 50 feet.
(6) Minimum side yard: 30 feet, each.
(7) Minimum rear yard: 30 feet.
(8) Maximum building height: 20 feet or one story.
C. Signage shall be submitted as a comprehensive package as a portion of the preliminary site plan review
and shall comply with Article
IX of this chapter.
D. Solid waste and recyclable materials shall be stored in dumpsters that are either within the building itself or
within concrete and masonry enclosures. Proper facilities shall be installed for adequate washing of this
area.
E. Provisions shall be made, including sidewalks and crosswalks, for pedestrian traffic traveling to and from
the site as well as within the site.
§ 141-65. Fences and walls.
[Amended 3-3-2003 by Ord. No. 1306; 4-6-2012 by Ord. No. 1511]
Fences and walls shall not be located in any required sight triangle. No fence or wall shall exceed four feet in
height in front of the front yard setback line of the principal structure or six feet in height behind such front yard
setback line. Fences in the front yard shall be open in design and be of wood, wrought iron, or simulated
wrought iron in construction. No stockade fences, enclosed or solid fences or enclosed or solid walls shall be
permitted. No fence shall be erected of barbed wire, topped with spikes nor constructed of any material that
may be dangerous to persons or animals. On lots with frontage on two or more streets, including corner lots, no
fence or wall shall exceed four feet in height in front of the front yard or side yard setback line of the principal
structure. Lots with frontage on two or more streets, including corner lots, shall be considered to have two front
yards.
§ 141-66. Home occupation.
A home occupation shall be permitted in designated residential and commercial districts as both a permitted
accessory use or as a conditional use. The home occupation is governed by the nature of the business, the
percentage of living space occupied by the use, and the impact of the use on the surrounding area. Home
occupations shall take place in either home personal offices or home professional offices, with the later being
the more intensive. Sections
141-67 and
141-68 provide the standards for the offices in which a home
occupation may operate.
§ 141-67. Home Personal offices.
Home personal offices for limited business and trade are permitted as principal uses in the Professional Office
District and as accessory uses and conditional uses in designated zoning districts, provided that:
A. The office is clearly incidental to the residential use of the dwelling unit and shall not change the essential
character of the dwelling.
B. The office use shall not constitute more than 10% of the building.
C. The office shall be for the use of the business owner or employee residing in the dwelling and shall not be
used by nonresident employees.
D. The office shall not be used for meeting clients, patrons, or customers. No retail sales are permitted.
E. No goods, materials, or supplies shall be delivered to the premises, except as carried by the resident
employee in their vehicle or by a recognized delivery service.
F. No materials or good may be stored outside.
G. No signs identifying the business shall be permitted.
H. The business shall be properly registered in accordance with local ordinances.
§ 141-68. Home professional offices.
Home professional offices for business or trade are permitted as conditional uses in residential zoning districts
and as a permitted principal use in the Professional Office District. The following standards shall apply to all
home professional offices:
A. A home professional office shall be utilized solely by resident occupants of the dwelling, except that no
more than two persons who are not residents of the dwelling may be employed on the premises at any one
time.
B. No more than 500 square feet or the equivalent of 50% of the first floor area of the building, whichever is
smaller, shall be used for the home professional office.
C. No display of products shall be visible from the street, and no article shall be offered for sale from the
premises.
D. The residential character of the building shall not be changed.
E. The home professional office shall be located entirely within the dwelling.
[Amended 4-6-2012 by Ord. No. 1507]
F. No occupational sound shall be audible from outside the building. No machinery or equipment shall be
used which will cause interference with radio or television reception in the neighboring residences.
G. Adequate parking shall be provided. Parking shall meet not only the minimum requirement for the dwelling
but also for a professional office as stated in §
141-76 of this chapter. Appropriate buffers shall be provided
between the parking area and adjoining residential uses or residential zoning districts.
H. No more than one nameplate sign or sign of two square feet or less shall be permitted. Such sign may be
attached to the residence.
I.
All area and bulk requirements of the zoning district in which the home professional office is to be located
must be met.
§ 141-69. Landscaping.
All commercial and industrial developments are required to submit a detailed landscape plan, prepared by a
licensed professional authorized to prepare landscape plans, with the site plan application. The following items
shall be reflected either on the landscape plan or within the required environmental impact statement:
A. All areas not covered by roadways, walkways, parking areas, etc., must be landscaped with natural
materials.
B. Tree sizes. Each type of tree shall be at least the minimum size listed below at the time of planting:
(1) Canopy trees: 2 inches to 3 inches in caliper, at least 12feet high.
(2) Evergreen trees: 6 feet to 8 feet in height.
(3) Flowering or clumping trees: 12 feet high.
(4) Shrubs: 24 inches high.
C. Each type of development requires a varying amount of landscaping. All parking areas shall conform with
the standards included in §
141-76. The following minimum landscaping materials do not include required
buffer plantings but may include existing vegetation:
(1) Commercial and industrial properties: One tree per 50 feet of perimeter property line, plus building,
parking, and walkway edges shall be treated with ground cover or shrubs. All parking areas shall be
screened from rights-of-way and residential properties. In areas where landscaping is unable to be
provided due to building setbacks, the approving authority may waive landscape requirements.
(2) Residential properties: two trees per dwelling unit
D. A planting and maintenance schedule shall be included on each landscape plan detailing the number,
name and size of each type of plant to be installed as well as the symbol used to represent each plant on
the drawing and the person or organization responsible for maintenance.
§ 141-70. Licensed child-care centers.
A. Child-care centers serving three children or fewer as an accessory use to a single-family dwelling shall be
subject to the conditions for a home occupation as set forth herein. Family day-care homes, which serve
three to five children in the residence of the day-care provider, are subject to the provisions of family day-
care homes set forth within this chapter.
B. Licensed day-care centers shall be permitted in all nonresidential zoning districts of the Borough, provided
that the following standards are met:
(1) The child-care center shall be properly registered with the state and licensed with Department of
Human Services.
(2) The child-care center and all accessory development shall comply with the minimum area and bulk
requirements of the zoning district in which the center is located.
(3) The location and size of a child-care center shall be permanently deed-restricted in order to qualify for
the parking, density, or floor area ratio exclusions allowed in N.J.S.A. 40:55D-66.6 and 40:55D-66.7.
(4) Adequate parking shall be provided at a rate of one space per staff person on the maximum shift, plus
one space per three children. Appropriate buffers shall be provided between the on-site parking and
any adjoining residential uses or zoning districts.
(5) Parking shall not be permitted in the front yard.
(6) An off-street pickup and dropoff area shall be provided which shall be located so that vehicles will not
have to back onto or off the street to use the area.
(7) Any outdoor play area shall be fenced and supervised by a staff member at all times when children
are present.
(8) Where the play area is accessed directly from the building, an access gate shall be provided for use
by emergency personnel and equipment.
(9) Details of all proposed play equipment shall be provided at time of site plan approval
§ 141-71. Lighting.
The objective is to minimize undesirable off-site effects. All area lighting in places such as parking lots or
security shall provide translucent fixtures with shields around the light source. The light intensity at ground level
shall be a minimum of 1.0 footcandle. The total quantity of light radiated above a horizontal plane passing
through the light source shall not exceed 7.5%. For recreation purposes, more intense lighting may be
permitted. In all instances, no lighting source shall shine or reflect into windows or onto streets and driveways.
No lighting shall be a yellow, red, green or blue beam nor be a rotating, pulsating or other intermittent
frequency.
§ 141-72. Lodges, community centers, or clubs.
These uses shall be permitted only on lots which are a minimum of one acre in size and located on a major
street. On-site parking shall be provided at the rate of one space for every three allowable occupants.
"Allowable occupants" shall mean the occupancy load established under the New Jersey Uniform Construction
Code.
[1] Appropriate buffers shall be provided between the parking area and adjoining residential uses or
zoning districts.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
§ 141-73. Lots; legal nonconforming lots.
A. Where two or more contiguous lots exist under the same ownership and one or more of said lots do not
conform to the area and/or dimension requirements of this chapter, said contiguous lots shall be
considered merged into the greatest number of conforming lots.
B. Any nonconforming lot existing on the date of passage of this chapter and not meeting the definition of
Subsection
A may have a building permit issued for a permitted use without an appeal for a variance,
provided that the building coverage is not exceeded, the new structure does not violate any height or
setback requirements, parking requirements are met and the nonconforming lot abuts lots on either side
that are developed and the nonconforming lot is the largest possible assemblage of contiguous land under
Subsection
A. The side and rear yards may be reduced to the same percentage that the area of the
undersized lot bears to the zone district requirements, except that no yard shall be less than half that
required by this chapter or five feet, whichever is greater.
§ 141-74. Mobile homes and house trailers.
No house trailer or mobile home shall be permitted to be used, either temporarily or permanently, for storage,
living or sleeping purposes in any district; nor shall any house trailer or mobile home be placed or installed on
any lot or parcel of land in any district where such trailer or mobile home is placed upon concrete blocks or
connected with the ground or a structure in such manner that such placement or installation is or appears to be
permanent. The temporary use of a house trailer or mobile home by a commercial or business establishment in
a business or industrial district while a permanent structure is being constructed for it shall not be deemed to be
a violation of this section.
§ 141-75. Nonconforming uses, structures and lots.
The lawful use of land or a structure existing on the date of passage of this chapter may be continued although
it may not conform to this chapter. Land on which a nonconforming use or structure is located and any
nonconforming lot shall not be subdivided so as to be made more nonconforming.
A. Abandonment. It shall be considered prima facie evidence of abandonment of a nonconforming use if it is
terminated by the owner or if a nonconforming use is discontinued for 12 consecutive months. The
subsequent use of the abandoned use shall be in conformity with this chapter.
B. Maintenance may be made to a nonconforming use, structure or lot, provided that the work does not
change the use, expand the building or the functional use of the building, increase the area of a lot used
for a nonconforming purpose or increase the nonconformity in any manner.
C. Building additions. Where an existing structure with a permitted use is located on a conforming or
nonconforming lot which violates any yard requirements, alterations and additions may be made to the
principal building and/or an accessory building erected without an appeal for a variance, provided that the
total permitted building coverage is not exceeded and that the accessory building and/or the addition does
not increase the size of that part of the structure violating the yard requirement and does not violate any
other requirements of this chapter. Where a residential use is nonconforming solely because of failure to
meet the off-street parking requirements of this chapter, such additions may be made and/or accessory
building may be erected, provided that the use is not changed in whole or in part and that the total building
and/or the addition do not violate any other requirements of this chapter.
D. Change of use and building additions. Where a nonresidential use is nonconforming solely because of
failure to meet the off-street parking, loading or buffer requirements of this chapter, alterations may be
made to the building without an appeal for a variance, provided that the gross floor area is not increased
and there is no change in use.
E. Any nonconforming structure or use which has been partially damaged by fire, explosion, flood, windstorm
or act of God may be restored. The structure as restored shall not exceed the height, area and bulk of the
original structure. Restoration must commence within 12 months of the date the building was damaged,
and such reconstruction must be carried out without interruption.
§ 141-76. Off-street parking and loading.
A. Minimum parking requirements. The number of spaces shall be based on the following schedule:
Type of Use
Number of Parking Spaces
Animal clinics and hospitals
1 per 150 square feet gross floor area
Art galleries and libraries
1 per 200 square feet of gross floor area
Assembly hall, auditorium, theater, community
1 per 3 seats or 1 per 150 square feet of gross floor
center there are no fixed seats
area where
Auto sales area and sales office, plus 4 per service 1 per 300 square feet of showroom
bay, if applicable
Banks and financial institutions
1 per 250 square feet of gross floor area
Bars, taverns
1 per 2 service seats
Beauty salons, barber shops, recreational
1 per 75 square feet of gross floor area
center/clubs, gyms
Bowling alley
5 per alley, plus required spaces for other internal
uses
Business, general
1 per 200 square feet of gross floor area
Car wash, automatic
10 stacking spaces per washing lane, plus 1 space
per employee (minimum of 4)
Car wash, self-service
3 stacking spaces per washing lane, plus 1 space
per employee (minimum of 2)
Church
1 per 3 seats or 1 per 62 inches of pew space and 1
per 100 square feet gross floor area of assembly and
meeting rooms
Convenience store
1 per 100 square feet of gross floor area
Child-care facilities
1 space per 3 students, plus 1 space per employee
on maximum shift
Dwelling unit
2
Fast-food/drive-through
1 per 100 square feet of gross floor area
Fire station/police
1 per 250 square feet of gross floor area
Funeral home/mortuary
10 per viewing room and chapel, with a minimum of
30
Hospital/medical center
1 per 250 square feet of gross floor area
Hotel/motel/lodging
1 per room, plus 1 per employee on maximum shift,
plus required spaces for other uses
Type of Use
Number of Parking Spaces
Industrial/manufacturing
1 per 800 square feet of gross floor area
Office, general
1 per 300 square feet of gross floor area
Office, medical and dental
1 per 100 square feet of gross floor area
Office, professional
1 per each professional employee, plus 1 per 250
square feet gross floor area for clients
Postal and parcel centers, printing and duplicating, 1 per 200 square feet of gross floor area
studios for dance, music and arts
Rehabilitation centers
1 per 250 square feet of gross floor area
Research laboratory
1 per 500 square feet of gross floor area
Restaurant
1 per 3 seats
Retail sales and services
1 per 200 square feet of gross floor area
Schools, elementary
2 per classroom
Schools, high school
4 per classroom
Schools, vocational or trade
5 per classroom
Service station
4 per bay and work area, but not less than 4
Shopping center (up to 80,000 square feet of
5 spaces per 1,000 square feet gross leasable area
gross leasable area)
Shopping center (over 80,000 square feet of gross 5 spaces per 1,000 square feet gross leasable area
leasable area)
Theater, movie
1 per 3 seats; 1 per 4 seats for theaters in shopping
centers
Utilities
1
B. Uses which have frontage on Haddon Avenue shall not be required to provide on-site parking, provided
that there is no increase in the gross floor area of the building. Lots with frontage on Haddon Avenue
which have existing parking or loading areas shall not be permitted to reduce the supply of such parking or
loading, and the supply may be increased but there shall be no new direct access drives to the parking or
loading areas from Haddon Avenue. If a new building is constructed or an existing building expanded
along Haddon Avenue, off-site parking shall be required or existing on-site parking shall be expanded to
accommodate the added floor area. Any off-site parking shall have appropriate control to assure its
continued availability for parking.
C. Parking lot setback and location. Parking spaces located to serve residential uses shall be within 150 feet
of the entrance of the building and within 300 feet of commercial/industrial uses. In single-family residential
districts, no off-site parking spaces shall be located in the front of the principal structure, except for those
vehicles temporarily parked within a designated, paved driveway. For all other zoning districts, the parking
setbacks are as follows:
Minimum Required Parking Setback
Zoning District
(feet)
Front
Side
Rear
MF
20
10
10
CBD
N/A
5
10
POD
Not permitted
10
10
HBD
35
15
20
HID
35
15
20
D. Access to on-site parking and loading spaces. Access shall be by on-site aisles to permit each vehicle to
proceed to and from each space without moving another vehicle. Parking spaces shall not be an extension
of any street right-of-way nor shall be designed or located that a vehicle would be required to back into a
right-of-way. No parking shall be permitted in fire lanes, streets, driveways, aisles, sidewalks or turning
areas.
E. Parking space dimensions.
(1) Off-street parking spaces shall be 9 feet wide and 18 feet in length. Parking area shall provide
handicap parking spaces which meet all the requirement of the Americans with Disabilities Act (ADA).
(2) Parking aisle widths. The following aisle widths, based on the proposed angle of the parking spaces,
are required:
Angle of Parking Space
Width of One-Way Aisle
Width of Two-Way Aisle
(degrees)
(feet)
(feet)
90
22
23
60
18
20
45
15
20
30
12
18
0 (parallel)
12
18
(3) Off-street loading spaces shall have 15 feet of vertical clearance and shall be designed as follows:
Apron Length
Loading Space
(feet)
Length
Width
90-Degree
60-Degree
(feet)
(feet)
Angle
Angle
60
10
72
66
60
12
63
57
60
14
60
54
F. Driveways providing site ingress and egress. Driveway openings on state, county, or other agencies
having jurisdiction shall comply with standards set forth by those agencies. Any site plan or subdivision
proposing private driveway openings on public streets or roads shall comply with the following:
(1) Spacing. Drives shall be limited to two drives per lot to any one street, except that when the frontage
exceeds 500 feet. In this case, the number of drives may be based on one drive for each 250 feet of
property frontage.
(2) Location. The center lines of access points shall be spaced at least 100 feet apart. Each drive shall
handle no more than two lanes of traffic and shall be at least 50 feet from the street line of any
intersecting street.
(3) Improvements. Curbing shall be either depressed at the driveway or have the curbing rounded at the
corners with the access drive connected to the street in the same manner as another street.
(4) Widths. The dimensions of driveways shall be designated and designed to adequately accommodate
the volume and character of vehicles for which a site plan is prepared. The required minimum and
maximum dimensions are indicated below:
One-Way Operation
Two-Way Operation
Curbline
Opening
Driveway Width
Curbline Opening
Driveway Width
(feet)
(feet)
(feet)
(feet)
3 - 10 family
12-15
10-13
12-30
10-26
residences
Over 10 family
12-30
10-26
24-36
20-30
residences
Commercial and
24-50
24-34
24-50
24-46
industrial
(5) Site distance. Any exit driveway shall be located as to permit the following maximum site distance
measured in each direction along any abutting public right-of-way:
Allowable Speed on Road
Required Site Distance
(mph)
(feet)
25
150
30
200
35
250
40
300
45
350
50
400
(6) Intersections. Driveways used for two-way traffic shall intersect any road at any angle as nearly as 90
degrees as site conditions will permit.
G. Surfacing.
(1) Parking lot and driveway surfacing shall be approved as part of the plan approval. Areas to
experience heavy traffic shall be paved with not less than four inches of compacted plant-mixed
bituminous stabilized base course constructed in layers not more than two inches compacted
thickness or equivalent and a minimum two-inch-thick compacted wearing surface of bituminous
concrete (FABC) or equivalent. All shall be constructed in accordance with the Standard
Specifications of the New Jersey Department of Transportation.
(2) Residential driveways shall be constructed using any of the following methods:
[Added 3-3-2002 by Ord. No. 1306]
(a) Bituminous concrete with a four-inch base course and two-inch top coat of FABC top mix (using
NJDOT specifications).
(b) Concrete with a six-inch depth using a 4,000 PSI mix.
(c) Bricks or pavers constructed on a four-inch base of 3,500 PSI concrete mix.
H. Landscaping in parking and loading areas. All proposed and existing landscaping and buffering shall be
shown on the site plan and comply with the following:
(1) Unless superceded by applicable zoning regulations, a minimum of 15% of all parking areas shall be
landscaped. Landscaping shall be located in protected areas, along walkways, in center and end
islands and in all irregular spaces not used for parking.
(2) The required setback of parking lots shall be utilized and maintained as a buffer. Buffer areas shall
consist of evergreen and canopy trees, shrubs, berms, and fences.
(3) Trees shall be spaced so as not to interfere with driver vision (shall not exceed three feet in a site
triangle) and to have branches no lower than seven feet for pedestrian access.
(4) In parking areas with more than 15 spaces, canopy tress (two and one-half inches in caliper and 12
feet to 15 feet in height) shall be placed in parking islands at the rate of at least one tree for every 10
parking spaces.
(5) All areas between the parking area and the building shall be landscaped with trees, shrubs and
ground cover.
(6) Any plantings that do not live shall be replaced within one year or one growing season.
I.
Lighting in parking and loading areas. Lighting in parking areas shall comply with §
141-71 contained
within this chapter. In addition those requirements, no lighting fixture shall be mounted higher than 25 feet.
Also, pedestrian-oriented lighting shall be provided along walkways if the lighting minimums cannot or will
not be met throughout the site.
J.
Parking specific to commercial and recreational vehicles.
(1) No more than one commercial vehicle with a gross vehicle weight of less than 10,000 pounds may be
parked, stored or garaged at any dwelling unit or on public streets within the residential zones of the
Borough.
(2) The parking, storing or garaging of any commercial vehicle with a gross vehicle weight of 10,000
pounds or more is prohibited within the residential zones of the Borough.
(3) The parking, storing or garaging of any commercial-type equipment, including but not limited to
trailers, chippers, mixers, backhoes and bulldozers, is prohibited within the residential zones of the
Borough.
(4) Recreation vehicles and equipment, including but not limited to boats, trailers and campers, may be
parked, stored or garaged within the residential zones as long as they are not parked, stored or
garaged within the required front yard setback area and so located to the rear of the front building line
of a dwelling. Recreational vehicles shall be limited to one vehicle per residence, and said vehicle
must be owned by the occupant of said residence.
[Amended 7-7-2008 by Ord. No. 1446]
(5) Nothing herein, however, shall prohibit the temporary parking of a commercial vehicle for the purpose
of performing services or making pickups or deliveries in the regular course of business.
§ 141-76.1. Outdoor cafes.
[Amended 3-5-2001 by Ord. No. 1247]
A. Purpose. The purpose of this section is to establish a procedure and authorize rules and regulations
thereunder for the licensing of outdoor cafes in the Central Business District (CBD) Zone of the Borough of
Collingswood. The Borough has determined that outdoor cafes will promote the public interest by adding to
the active and attractive pedestrian environment created by them and provide the opportunity for creative,
colorful, pedestrian-focused commercial activities on a day, night and seasonal basis, which activities are
aesthetically pleasing and will add to the excitement, charm, vitality and diversity of the Central Business
District.
B. Definitions. For the purpose of this section, the following words shall have the meaning respectively
ascribed in this section:
OUTDOOR CAFE
Any commercial establishment where food and other refreshments are served upon the public right-of-
way, namely the sidewalks immediately in front of any restaurant or cafe.
[Amended 5-5-2008 by Ord. No. 1445; 7-7-2009 by Ord. No. 1467]
SIDEWALK
That area of the public right-of-way reserved for pedestrian traffic from the curb to the front line of the
building housing the eating establishment.
C. Requirement of license. It shall be unlawful for any person, firm, partnership, corporation, association or
organization of any kind (hereinafter collectively referred to as "person") to create, establish, operate,
maintain or otherwise be engaged in the business of conducting an outdoor cafe upon the sidewalks of the
Borough of Collingswood, or on private property, unless such person shall hold a currently valid license
issued pursuant to the terms of this section.
D. No license shall be issued hereunder unless the applicant shall demonstrate that a minimum of five feet
will be available for pedestrian traffic around such outdoor cafe and that such outdoor cafe will be directly
in front of a "commercial establishment," as hereinafter defined for eating establishments. No food or
drinks served at such outdoor cafe shall be prepared or stored other than in the interior of the eating
establishment. The term "directly in front of" shall confine the outdoor cafe to the area represented by an
extension of each side of the building occupied by the commercial establishment projected directly to the
curbline immediately in front thereof. The perimeter of the cafe area shall be more than 50 feet from any
driveway or alley
[Amended 5-5-2008 by Ord. No. 1445; 7-11-2011 by Ord. No. 1501]
E. Application for license. Application for the license required hereunder shall be made to the Zoning Officer
and shall be signed by the applicant. The application shall contain the following information:
(1) The name, residence, address, and telephone number of each individual, owner, partner, or, if a
domestic corporation, the names, residences, addresses, and telephone numbers of the directors and
officers owning a 10% or greater interest in the corporation and the chief operating executive of the
corporation and, if a nondomestic corporation, the name, residence, address, and telephone number
of the managing officer for service of process within the State of New Jersey and a copy of the
qualification of said nondomestic corporation to conduct business in the State of New Jersey.
(2) A copy of the trade, corporate, business, or fictitious name upon which the applicant intends to do
business pursuant to this section.
(3) The address and description of each place where the applicant intends to establish or operate an
outdoor cafe.
(4) The name and address of the person owning the premises, if other than the applicant, and the
consent of the owner of the premises to the application.
(5) Three sets of a proposed layout plan containing scaled drawings prepared by a licensed professional
architect or engineer clearly illustrating the number, type of materials, color and location of all tables,
chairs, umbrellas, or other furnishings or fixtures intended to be located in the outdoor cafe. All tables
and chairs must be constructed of material of sufficient weight so as to not be affected by high winds.
The perimeter of the outdoor cafe shall be defined and set off by a portable-type enclosure, which
may include live potted plantings on Borough property. The enclosure shall define the perimeter of the
area to be used as an outdoor cafe and shall separate it from the pedestrians traversing the adjacent
sidewalk. The enclosure shall not contain doors or windows nor air-conditioning or heating equipment
and shall be open at all times to the air, and the barrier shall not have a height of more than three feet.
Awnings or outdoor umbrellas extending over the enclosure are permitted, provided that the lowest
portion of the awning or umbrella is not less than seven feet above the adjacent sidewalk and does
not extend more than one foot beyond the enclosure. The scaled drawings shall also illustrate the
following:
(a) The location of any doors leading from the commercial establishment to the outdoor cafe. No
such doors may be obstructed in any manner.
[Amended 5-5-2008 by Ord. No. 1445]
(b) The number of feet and location of unobstructed space permitting free passage of pedestrian
traffic around each outdoor cafe.
(c) The location of the place where any food or drink is intended to be prepared.
(d) The enclosure or protective barrier separating the dining or activity area of each outdoor cafe
from pedestrian traffic, which shall be indicated by a plan, elevation and section.
[Amended 5-5-2008 by Ord. No. 1445]
(e) The location of all bus stops, fire hydrants, utility poles, benches, handicap ramps, street
furniture, trees and any other fixtures permanently located on the sidewalk in front of the
commercial establishment or within 10 feet thereof on either or any side.
[Amended 5-5-2008 by Ord. No. 1445]
(f) The type and location of any proposed outdoor lighting and fixtures and should include the
following information: mounting height, lamp type and lumens. Any open-flame-type fixture shall
only be permitted with the approval of the Fire Official.
(g) An application fee as set forth in §
141-13 of the Code of the Borough of Collingswood.
F. Zoning Officer review of application. The Zoning Officer will review the application for completeness and
compliance with the terms of this section. If the application is complete, the Zoning Officer will act upon the
same within 10 business days after the application becomes complete. If the application is not complete,
the Zoning Officer will so notify the applicant within 10 business days of the submission and specifically
detail the areas in which the application lacks compliance with the requirements of this section.
G. Issuance of license. If the application complies with this section, the Zoning Officer shall issue a license
strictly subject to the terms and conditions of this section.
H. Transfer of license. The license is personal to the applicant, and any change or transfer of ownership of
the outdoor cafe shall terminate the license and shall require a new application and a new license in
conformance with all of the requirements of this section.
I.
Inspection of outdoor cafe. Acceptance of the license by the applicant shall operate as a consent to the
Health, Fire, Police and Building Officials of the Borough to inspect the outdoor cafe for continued
compliance with the terms and conditions of this section and any federal, state, county or local law,
ordinance or regulation affecting the same.
J.
Indemnity. No license required by this section shall be granted to any person to operate an outdoor cafe
until such person shall have filed with the Zoning Officer a statement agreeing to indemnify and hold
harmless the Borough of Collingswood, its agents, servants, representatives or employees from any or all
claims, damages, judgment costs or expenses, including attorneys' fees, which they or any of them may
incur or be required to pay because of any personal injury, including death, or property damage suffered
by any person or persons as a result of or related in any way to the operation and maintenance of the
outdoor cafe for which the license is issued.
K. Revocability of license. Any license issued hereunder is issued solely as a revocable license, which shall
be subject to revocation or suspension by the Borough Clerk for failure of any licensee to comply with this
section or for violation of any other applicable federal, state, county or municipal law, regulation or
ordinance. Any license issued hereunder is issued upon the express understanding that the licensee
obtains no property right thereunder nor any interest in the continuation of said license.
L. Unlawful operation of outdoor cafe. It shall be unlawful for any person to operate an outdoor cafe after the
suspension or termination of the applicable license.
M. Cleanliness of area. Each licensee is responsible for keeping the area of the outdoor cafe and the adjacent
sidewalks and streets free and clear of debris or litter occasioned by the outdoor cafe. Areas must be
cleaned as needed and at the time that business is closed and at the beginning of each business day, but
not later than 9:00 a.m.
N. Vending machines. No vending machines of any kind are permitted on the exterior of any building
operating an outdoor cafe.
O. Signs. No signs shall be permitted in the area of the outdoor cafe except easel and awning signs
complying with Article
IX, Signs, of this chapter. There shall be no logos or advertising upon any umbrellas
without prior approval of the Collingswood Planning Board.
P. Modification, suspension or revocation of license. In addition to the powers of suspension or revocation as
set forth above, the Borough reserves the right to modify, suspend or revoke any license on 10 days'
written notice if the Borough determines that the pedestrian operation of the outdoor cafe has violated the
terms and/or conditions of its approval, is a hazard to public safety or because of any other safety issue
within the Borough because of such operation. The license may also be suspended or revoked on 10 days'
written notice in the event the Borough determines that it is necessary to utilize the area or any part thereof
for the maintenance or installation of underground utilities. In the event of any emergency, which
emergency is certified by the Borough Clerk, the license may be suspended or revoked without notice.
Q. Duration and renewal. Outdoor cafes shall be permitted to be operated from March 1 to November 30 in
any calendar year.
[Amended 5-5-2008 by Ord. No. 1445]
R. Outdoor equipment. No tables, chairs or other equipment used in the outdoor cafe shall be attached,
chained or in any manner affixed to any tree, post, sign, curb or sidewalk or property for the Borough of
Collingswood within or near the licensed area. All equipment used in connection with the operation of an
outdoor cafe shall be of sufficient size and weight to avoid being blown about by the wind. No food items
shall be served upon paper, Styrofoam or with plastic utensils. All equipment, tables, chairs, umbrellas,
etc., pertaining to the outdoor seating area shall be removed at the end of each and every evening and
secured within the confines of the building. No equipment, tables, chairs or any other material of any kind
shall be permitted to remain outdoors during hours in which the business is not open to the public and
operating.
S. Termination of license. The licensee agrees at the end of the license period, or in the event that the license
is temporarily or permanently suspended or revoked, that the licensee will at his own cost and expense
vacate the sidewalk space and promptly remove any property placed thereon. Failure to do so on five
days' written notice shall grant to the Borough the right to remove any property on the sidewalk, and the
licensee agrees to reimburse the Borough for the cost of removing and storing the same.
§ 141-76.2. Outdoor displays.
A. Limitation. No merchandise, wares, goods, foods, etc., is permitted to be sold or offered for sale on any
sidewalk or sidewalk right-of-way or public thoroughfare or public highway or public property within the
Borough of Collingswood, except as provided herein.
B. Exemption.
(1) From time to time charitable festivals and other organized activities are conducted within the CBD
Central Business Districts of the Borough of Collingswood.
(2) Whenever the governing body of the Borough of Collingswood gives permission for such charitable
festivals and/or other such organized activities to occur within the CBD District, the following
restrictions shall apply:
(a) Charitable organizations and/or nonprofit organizations and their agents, servants, and/or
employees are permitted to peddle, solicit, canvass and/or sell merchandise, etc., during such
charitable festivals or such other organized activity upon the public sidewalks and other public
property, as long as a minimum four-foot safe, continuous, unobstructed path is maintained on
the sidewalk;
(b) The various shops and stores within the CBD District may not display their merchandise on the
sidewalk directly in front of their stores or shops and may not make sales from such locations
during the charitable festival or other organized activity, unless the governing body of the
Borough of Collingswood has given permission in advance of the charitable festival and/or such
organized activity for a shop or store within the CBD District to display and sell its merchandise.
[Amended 11-3-2008 by Ord. No. 1454]
(c) No other peddler, solicitor, canvasser person and/or entity shall be permitted to peddle, solicit,
canvass, sell, or offer for sale any merchandise during such charitable festival or other organized
activity.
(3) A "charitable festival" or "organized charitable activity" is defined as one or more nonprofit
organizations and/or nonprofit entities conducting an organized endeavor wherein merchandise may
be sold, entertainment may be provided, celebration may be conducted, etc., all for the purpose of
raising monies for charitable purposes.
C. Exception of certain groups. The following groups and individuals acting on behalf of such groups are
exempt from §
141-76.2B, above:
(1) Political group: a nonprofit association of persons sponsoring or advocating certain ideas of
government or maintaining certain political principles or beliefs in public policies of government or
advocating the candidacy of any individual for elective office;
(2) Religious group: a nonprofit association of persons associated for the purpose of maintaining,
advocating and/or espousing certain religious principles and beliefs;
(3) Charitable group: a nonprofit association of persons that freely and voluntarily administers to the
needs of those persons unable to help themselves and generally associated to serve the public good
and welfare without profit;
(4) Civic group: a nonprofit association of persons engaged in promoting the common good and general
welfare of the residents of the municipality. Such definition shall include but not be limited to school
groups, benevolent societies and service clubs engaged in nonprofit activities.
D. Displays of certain merchandise and ornamental plantings.
(1) The purpose of this subsection is to permit certain decorative displays of merchandise and plantings
in front of stores within the Central Business District to assist the merchants to market their
merchandise and goods and to enhance the beauty of the Borough of Collingswood.
(2) Ornamental plantings, merchandise, and goods except clothing, shoes, personal apparel and
garments which are offered for sale within a store with sidewalk frontage may be displayed in front of
the exterior store front within the sidewalk right-of-way and on privately owned property in the Central
Business District. Clothing shall only be displayed on a mannequin. There shall be no more than one
mannequin per store. The clothing shall be worn by the mannequin, not merely draped upon it.
[Amended 7-3-2006 by Ord. No. 1406]
(3) Merchandise shall be tastefully and decoratively displayed and located no more than 30 inches
(measuring perpendicular from the front edge) from the front wall of the building in which the store is
located. The merchandise or display shall not extend beyond four linear feet. The display shall not
obstruct the storefront entrance and shall not extend above five feet from the sidewalk surface.
[Amended 7-3-2006 by Ord. No. 1406]
(4) A safe, continuous, unobstructed path on the public sidewalk with a minimum of four feet must be
maintained for pedestrian traffic to pass in front of the property having an outdoor decorative display.
A minimum unobstructed distance of five feet must be maintained from the curb as well.
(5) No other merchandise, wares, goods, foods, clothing, apparel, etc., may be displayed on the exterior
of any store or building, either on private property or in the public right-of-way, except as provided
herein.
(6) The decorative display shall not contain front lighting, backlighting and/or lighting within the display,
except holiday lighting on ornamental plantings. The decorative display shall not contain electronic
and/or mechanical moving devices or items even if offered for sale within the stores. The decorative
display shall not contain any signage.
(7) The above referred to merchandise and goods permitted to be displayed in front of the exterior store
front may be displayed on temporary removable supports such as racks, benches, shelves, decorative
carts, etc., and shall be removed at the end of each day of business and shall have no wheels except
for the decorative carts. Packing cartons, cardboard boxes, card tables, folding tables, or similar
display supports are prohibited.
(8) No sales may occur outside the store. All sales must be conducted within the store. The goods and
merchandise within the decorative display are not to be sold on the sidewalk.
(9) Plants, trees, cut flowers and any other vegetative matter displayed for beautification and not for sale
shall be exempt from this section.
[Amended 7-3-2006 by Ord. No. 1406]
(10) No display shall contain any sound or lighting of any kind and no electrical power devices such as
television, Internet/computer or other similar devices shall be permitted. No merchandise, instruments,
devices or paraphernalia which are designed for use in connection with a specified sexual activity, as
defined in N.J.S.A. 2C:34-6, may be displayed.
[Added 7-3-2006 by Ord. No. 1406
[1]]
[1]
Editor's Note: Former Subsection D(10) has been renumbered as Subsection D(16) below.
(11) Businesses with any cafe tables and chairs or a sandwich board on the exterior of their buildings shall
not be permitted to maintain an outdoor display.
[Added 7-3-2006 by Ord. No. 1406]
(12) All displays of merchandise and goods under the provisions of this chapter, and all window boxes or
other exterior fixtures on a commercial building, shall be kept neat and clean and free from dead
plants, trash, litter, and other debris.
[Added 7-3-2006 by Ord. No. 1406]
(13) In the event that the Zoning Officer determines that any decorative display of merchandise and goods
is in a state of disrepair, unkempt or unclean or presents the potential of a pedestrian hazard or
otherwise fails to comply with the provisions of this section, the business owner shall immediately
correct the display at the request of the Zoning Officer. The Zoning Officer shall also be authorized to
order the business owner to discontinue the display for failure to comply with this section or the
request to correct the display. If the Zoning Officer has determined that the business/building is in
violation of any other municipal ordinance or regulation or state statute or regulation, the Zoning
Officer shall give written notice of the unsatisfactory condition of the business/building and/or the
violation of the terms of the ordinance, statute or regulation, and the business will be required to
correct this situation before proceeding with any outdoor display.
[Added 7-3-2006 by Ord. No. 1406]
(14) The Zoning Officer shall be authorized to file a complaint in Municipal Court against any business
owner that establishes or maintains an outdoor display in violation of the provisions of this section.
Any person being found in violation of this section shall be subject to a fine in an amount not to
exceed $1,000 for each violation.
[Added 7-3-2006 by Ord. No. 1406]
(15) A business with two violations of this chapter should forfeit the right to establish or maintain outdoor
displays.
[Added 7-3-2006 by Ord. No. 1406]
(16) Any application for a variance from this subsection shall be submitted to the Planning Board of the
Borough of Collingswood. The filing fee for such a variance shall be $50.
§ 141-77. Performance standards.
A. Electricity. Electronic equipment shall be shielded so there is no interference with any radio or television
reception beyond the operator's property.
B. Air, water and environmental pollution. No use shall emit heat, odor, vibrations, noise or any other pollutant
into the ground, water or air that exceeds the most stringent applicable state and federal regulation. No
permit shall be issued for any use where a state permit is required until the state has ascertained and
approved the level and quality of emission, the type and quality of emission control and the level of
monitoring to be conducted.
C. Storage and waste disposal. No materials shall be deposited in such manner that they can be transferred
off the lot, directly or indirectly, by natural forces such as precipitation, surface water, evaporation or wind.
All materials which might create a pollutant or be a safety and health hazard shall be stored indoors and/or
be enclosed in appropriate containers to eliminate such pollutant or hazard. No flammable or explosive
substance shall be stored on a property except under conditions approved by the Fire Department.
§ 141-78. Permitted uses and principal uses.
No lot shall be utilized for more than one permitted principal use, other than a residence with a home
occupation. A building in a business district may be utilized for more than one use upon obtaining approval for
such additional use or uses from the Planning Board as a conditional use. No more than one principal building
shall be permitted on one lot, except that apartment or townhouse complexes and industrial/office complexes
may be permitted more than one building on a lot in accordance with an approved site plan where all buildings
are sited to comply with all yard definitions. Contiguous retail stores in a highway business district and
industrial tenants in a highway industrial district shall be considered one principal building.
§ 141-79. Portable buildings, stationary vehicles and stands.
No building or structure of a portable nature, stationary vehicle or stand of any description shall be permitted on
any lot or parcel of land for the purpose of displaying or selling food, merchandise or commodities of any kind,
excluding newspaper vending machines not exceeding 12 cubic feet.
§ 141-80. Private or parochial schools.
These uses shall be permitted only on lots a minimum of five acres in size, plus an additional acre for each 100
pupils. They shall be located on major streets. The curriculum shall be approved by the New Jersey
Department of Education under the standards which apply to public elementary and high schools.
§ 141-81. Projections and encroachments.
The following regulations shall apply to projections and encroachments into required open spaces:
A. Cornices, eaves, gutters or chimneys shall not project more than two feet into required front, side or rear
yards.
B. Ground floor entrance steps and terraces open to the sky may project into the required front, side or rear
yard a maximum of 30 inches in accordance with the BOCA Code.
C. An open or lattice-enclosed fire escape or an outside stairway shall not project more than four feet into the
required rear yard, nor shall an open balcony to a fire tower project more than four feet into the required
side or rear yard.
D. All outside stairs leading to other than the first floor shall be at the rear of the building.
§ 141-82. Public utilities.
All public services shall be connected to approved public utilities systems where they exist. The distribution
supply lines and service connections shall be installed underground, except that lots which abut streets with
existing overhead electric or telephone lines may be supplied from those overhead lines, but the service
connections shall be installed underground. Should a road widening or an extension of service occur as a
result of development, any replacement, relocation or extension of existing overhead lines shall be
underground.
§ 141-83. Sanitary sewer connections.
If a central sewage treatment and collection system is accessible, the developer shall connect to the system.
§ 141-84. Satellite dish antennas.
Satellite dish antennas exceeding two feet in diameter shall be permitted as accessory uses in all zones,
provided that said use complies with the following:
A. Only one such use per lot shall be permitted in all zones.
B. Location.
(1) Any dish antenna, its foundation pad and supportive structure must be located in the rear yard, except
as noted below.
(2) Any dish antenna and its foundation pad and supportive structure must be set back a minimum of 10
feet from the rear property lines and must be installed or erected on ground level.
(3) No dish antenna placed anywhere on any lot shall exceed a height of 12 feet, and the surface area of
any dish antenna may not exceed a diameter of 10 feet.
C. Screening. For all ground-level installations, the dish antenna and supporting structure must be screened
or buffered in such a manner that they cannot be visually seen from the public right-of-way abutting the lot
on which the dish antenna and supporting structure are situated or visually seen from the ground level of
any adjacent property. Such screening and buffer must comply with all applicable ordinances and
regulations of the Borough of Collingswood.
D. Use. A dish antenna shall be used only for the reception of signals.
E. Site plan requirements.
(1) Minor site plan approval shall be required for all dish antenna installations in all zones.
(2) The site plan shall identify the following:
(a) The location of the dish antenna.
(b) The engineering drawings of the dish antenna demonstrating its methods of support and its
foundations.
(c) The method of installation.
(d) The materials to be used.
(e) The height of the dish antenna and related structures.
(f) The screening proposed.
F. Permits. The property owner must obtain a building permit in addition to any required site plan approval
prior to the installation and erection of the dish antenna and supporting structure.
G. Satellite dish antennas, less than two feet in diameter, shall be permitted in all zones, provided that only
one such dish antenna per lot shall be permitted.
§ 141-85. Sidewalks.
Sidewalks shall be installed in locations determined by the approving authority to be in the interest of public
safety, considering the probable volume of pedestrian traffic, the adjoining street classification, school bus
stops and the general type of improvement intended. Where required, sidewalks shall be at least four feet wide
and four inches thick, except at points of vehicular crossing where they shall be at least six inches thick, of
Class B concrete having a twenty-eight-day compressive strength of 4,000 pounds per square inch and shall
be air entrained. Where sidewalks cross curbs, curb ramps shall be provided as outlined in §
141-59, Curbs
and gutters. Preformed expansion joint material shall be placed on twenty-foot intervals and where sidewalks
abut curbing or a structure. If constructed of brick or slate, sidewalks shall have a two-inch thick base of
crushed stone, two inches of Class B concrete as required above, and paver brick or paving slate at leas one
inch in thickness.
§ 141-86. Sight triangles.
Sight triangles shall be required at each quadrant of an intersection of streets and streets and driveways. The
area within sight triangles shall be either dedicated as part of the street right-of-way or kept as part of the lot
and identified as a sight triangle easement. No grading, planting or structure shall be erected or maintained
more than 30 inches above the center line grade of the intersecting street or driveway or lower than eight feet
above their center lines, excluding street name signs and official traffic regulation signs. Where any intersection
involves earth banks or vegetation, including trees, the developer shall trim and grade to provide the sight
triangle. A sight triangle easement shall be expressed on the plat as follows: "Sight triangle easement subject
to grading, planting and construction restrictions as provided for in the Collingswood Development Regulations
Ordinance." Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and
minimum setbacks required by the zoning provisions. In existing lots where no easement has been granted, the
areas described above shall be maintained free of visual obstruction. Citations may be prepared by the Zoning
Officer for violations of this provision.
§ 141-87. Soil erosion and sediment control.
All major site plans and major subdivisions shall incorporate soil erosion and sediment control programs
meeting the requirements of the Soil Erosion and Sediment Control Act.
[1]
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
§ 141-88. Swimming pools.
Swimming pools shall conform to Chapter
269, Swimming Pools, Private, and shall comply with all yard
setback requirements.
§ 141-89. Utility facilities.
Public utility facilities shall be subject to the zoning requirements for the district in which they are to be located,
including land area, setback side yards, structure height, and landscaping. The facilities shall not be open to
the public and shall be necessary to service the surrounding area. No permanent storage of material or surplus
equipment, except for functional equipment within the subject building, shall be permitted in the building or on
the lot. If such a facility is placed within a residential district, the architectural character shall be residential in
nature and shall blend in harmoniously with the surrounding area.
§ 141-90. Water supply.
Where water is accessible from a servicing utility, the developer shall arrange for a connection to the system to
serve each use.
§ 141-91. Yards.
No area providing front, side or rear yard space for one building shall be considered as providing the yard
provisions of another. A lot with frontage on two or more streets, including corner lots, shall have building
setback from each street. The primary frontage shall accommodate the front yard requirement and the
secondary frontage shall accommodate the side yard setback. In cases where both frontages can be
considered primary, the front yard setback requirement shall apply to both frontages.
Article IX. Signs
§ 141-92. Purpose.
The provisions of this article shall apply to the construction, erection, alteration, use, type, number, location,
size, design, and maintenance of all signs. This article is intended to regulate and control signs and their
placement and construction throughout the Borough of Collingswood for the following purposes:
A. To provide a pleasing overall environmental setting and good community appearance, deemed vital to the
continued economic attractiveness of Collingswood by:
(1) Encouraging signs in areas of high sign concentration, such as downtown, neighborhood retail areas,
and highway corridors, so that the placement, color, shape, brackets, support structures, mountings,
design and lighting promote good civic design that supports the visual quality and positive collective
impact and image of such areas.
(2) Promoting signs that, in addition to the standards herein, are also integrated with the overall design of
their host building in a way respectful of and complimentary to the historic and architectural character
of the building.
(3) Permitting signs that not only identify the "presence" of the business or use on a thoroughfare, but
also generate a positive collective impact upon the streetscape of an area.
B. To create a more productive, enterprising, professional business atmosphere.
C. To allow signs appropriate to the architectural and planned character and development of each zoning
district.
D. To ensure that permitted signs do not become a safety hazard or nuisance.
E. To promote traffic safety.
F. To promote the design of signs in pedestrian corridors that focus upon pedestrian viewers and not
automobile operators.
G. To prevent business and advertising signs from conflicting with public safety signs.
H. To prevent the overcrowding of land through multiple proliferation of signs on a single parcel of land.
I.
To facilitate fire and police protection by proper sign identification.
J.
To protect and enhance the value of properties by eliminating visual chaos and pollution.
K. To promote the public safety and welfare of Collingswood.
§ 141-93. Sign permits.
A. Sign permits required. It shall be unlawful to erect, alter, maintain, use, reletter, move or otherwise have a
sign in the Borough of Collingswood without first obtaining a sign permit. It shall be also unlawful to mount,
hang, attach, erect, alter, maintain, use, reletter, move or otherwise have a sign in the Borough of
Collingswood which protrudes from, is perpendicular to or is otherwise mounted to the outside wall or
doorway of any structure without prior approval from the appropriate Borough official on the method of
installation. Further, any sign described in the immediately preceding sentence shall be subject to regular
inspection by the appropriate Borough officials. However, a permit shall not be required of any sign
expressly exempted from that requirement by this article. A sign must also meet all requirements imposed
by the New Jersey Uniform Construction Code
[1] and other applicable statutes, regulations and
ordinances.
[Amended 4-5-2004 by Ord. No. 1330]
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
B. Exempted signs.
(1) The following signs shall be permitted in all districts and exempted from a required sign permit:
(a) Official flags and signs;
(b) Holiday and seasonal decorations, displays, and lights containing no advertising matter for a
period not to exceed 45 days;
(c) Residential occupant name and address signs identifying a house, apartment, or mailbox not
exceeding one square foot;
(d) Warning, no trespassing signs, private parking, and traffic directional signs on private property not
exceeding two square feet;
(e) Traffic circulation and directional signs on private property not exceeding two square feet;
(f) Temporary business identification signs which meet the conditions of §
141-101D(1);
(g) Door signs which meet the conditions of §
141-101D(2);
(h) Temporary advertising signs and permanent interior advertising signs which meet the conditions
of §
141-101D(3);
(i) Community event announcements, which meet the conditions of §
141-101D(4);
(j) Real estate signs which meet the conditions of §
141-101D(5);
(k) Construction signs, which meet the conditions of §
141-101D(6);
(l) Political signs which meet the conditions of §
141-101D(7); and
(m) Temporary signs for garage and yard sales conforming to Chapter
173, Garage Sales, of the
Borough Code.
(2) Notwithstanding the above, historical identification signs must receive a certificate of appropriateness
from the Historic Preservation Commission as provided in §
141-104B(4).
C. Prohibited signs. The following types of signs shall be prohibited:
(1) Signs, lights and similar devices which imitate official traffic, warning or governmental signs or may be
generally confused or construed as such.
(2) Signs located in any manner or place which constitute a hazard to pedestrian and vehicular traffic,
block visibility, or obscure any traffic sign, signal, or device.
(3) Signs or lights reflecting or emitting a glaring light which could impair driver vision, reflected signs, and
light-projected signs.
(4) Signs placed, reflected, or cast on any curb, sidewalk, utility pole or structure, chimney, post, tree,
rock, natural feature, fence, gate, abutment, retaining wall, embankment, hydrant, bridge, another
sign, or other surface located on, over, or across any public right-of-way or property.
(5) Signs that obstruct openings intended as a means of entrance or exit; signs that obstruct light or air
from any room or building; or signs located so as to provide less than seven feet clearance over a
pedestrian walkway or head of an entry door, whichever is greater;
(6) Painted wall signs and murals, except as otherwise provided in §
141-101D(11).
(7) Signs placed above a structure's roofline or on an angled section of a roof, except projecting and icon
signs.
(8) Changeable copy signs, except as otherwise permitted in §
141-101C(4) through
(6).
(9) Portable or movable signs, except as otherwise permitted in § 141-101D(L).
(10) Moving signs, sequentially placed signs, or devices designed to attract attention, all or any part of
which move by flickering, rotating, spinning, or moving in some other manner, and are set in motion by
movement of the atmosphere or by mechanical, electrical, or any other means.
(11) Floodlights, spotlights, and directed lights as part of a sign illumination system that are not hooded or
shielded so that the light source is not visible from any public right-of-way or adjacent property.
(12) Exposed neon and other exposed charged gas tube lighting used for business identification signage,
accessory signage, or ornamentation, unless approved with a certificate of appropriateness by the
Historic Preservation Commission.
(13) Signs which contain or utilize a beacon, spot, search, or stroboscopic light or reflector which is visible
from any public right-of-way or adjacent property, except as may be authorized by public agents.
(14) Consecutively strung lights on nonresidential properties that form any individual letters or numbers or
blink, flash, or track, except existing time and/or temperature signs.
(15) Internally illuminated signs, i.e., light box or backlit signs, or illuminated signs which contain or utilize
nonopaque material in any zoning district, except as permitted in the Highway Business District and
Highway Industrial District, unless approved with a certificate of appropriateness by the Historic
Preservation Commission as part of a historic restoration or rehabilitation. Opaque channel-lettered
signs with interior lights that shine back onto a wall or signboard are, however, permitted.
(16) Billboards and other off-premises signs, regardless of whether they are a principal or accessory use
for a tax lot, except for community bulletin boards on public property and unless otherwise permitted
under §
141-93F.
(17) An automobile, trailer (attached or unattached), or any vehicle of any nature bearing signs or
advertisements, parked or left stationary for more than 24 hours at any location, or any such
automobile, trailer, or vehicle stored on an occupied lot that is not ordinarily and customarily used to
transport persons or property of the advertised business on said lot or its employees.
(18) Signs which advertise or promote a specific individual, product or brand name or off-premises
business, service, or corporation, except for temporary advertising signs and permanent interior
advertising signs.
D. Sign permit application process.
(1) The application for a sign permit shall be on such forms as may be required by the Borough, include a
site plan indicating the location of the proposed signage, and shall be fully completed. One sign permit
application shall include all existing and proposed nonexempted signs on a tax lot for which the
application has been made. Permits for banners and temporary freestanding signs shall be
administered under §
141-93F. If the sign permit application is part of a site plan, subdivision, or
variance application, the following procedures shall be incorporated into the standard review
procedures in this article for those other types of development review applications.
(2) A completed sign permit application shall include a scale drawing of the proposed sign, logo and
lettering, with specifications for lettering typeface and colors, position on the building or structure and
methods of attachment, calculations of sign sizes, sign construction materials, lighting and coloring. A
complete application for an illuminated sign must include information required in §
141-101A(4). A
complete application shall include 10 full-colored copies of the application form, drawings or plans,
and any attachments thereto, as well as the signature of the applicant and the owner of the tax lot for
which the application is made. The Zoning Officer shall determine whether an application is complete
within 30 days of its submission. An applicant may install temporary business identification signs in
accordance with §
141-101D(1) and other exempted signs in accordance with §
141-93B without a
sign permit.
(3) After the application is deemed to be complete, the Zoning Officer shall refer the application to the
Planning Board for its review and recommendation as to whether the permit should or should not be
issued and in what respect the proposed sign should be altered to conform to this article. After the
Planning Board renders a decision to approve a sign, it shall notify the Zoning Officer that a permit
may be issued. Sign approval for those signs as described in §§
141-101C(2)(a)[7] thru 141-101C(2)
(a)[11] shall be made solely by the Zoning Officer.
[Amended 3-6-2006 by Ord. No. 1387]
(4) In the event that a sign varies in any way from the sign design standards or guidelines in this article,
the Zoning Officer shall refer the application to the Planning Board for a sign design waiver. In
approving a sign design waiver, the Planning Board shall consider the zone in which the sign is to be
located, the surrounding streetscape, the architectural and historic characteristics of the host building
and adjacent buildings, visibility, other existing or proposed signs, the proposed sign's size,
appearance, materials, placement, color, lettering, and lighting and the purposes of this article in
makings its decision.
[Amended 3-6-2006 by Ord. No. 1387]
[2]
[2]
Editor's Note: This ordinance also deleted former Subsection D(4), pertaining to the Sign Review
Committee report and recommendation, and renumbered former Subsection D(5) as D(4).
E. Sign permit application fees. There shall be no sign permit fee required for any exempted signs. The cost
of any construction or other permit required for any approved sign shall be in addition to any required fee
for the sign application and shall be paid before any sign is erected or installed.
F. Banner permits.
(1) Banner permits shall be required for the erection of any banner within Collingswood. The application
for a banner permit shall be on such forms as may be required by the Borough and shall be fully
completed.
(2) The application shall be signed by the applicant and by the owner of the tax lot for which the
application is made.
(3) The application shall include a scale drawing of the proposed banner, logo and lettering, with
specifications for lettering typeface and colors, position on the building or structure and methods of
attachment, calculations of banner size, banner construction materials, and coloring.
(4) The application shall include 10 full-colored copies of the application form, drawing or plan, and any
attachments thereto. The wording on the banner shall exactly match the wording shown on the banner
application and permit. Applications must be received at least 21 days prior to the proposed erection
of the banner.
(5) A banner must meet all requirements imposed by the New Jersey Uniform Construction Code
[3] and
other applicable statutes, regulations and ordinances. Banners' installations shall be reviewed and
approved by the Construction Code Officer prior to their erection.
[3]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
(6) After the application is deemed to be complete by the Zoning Officer and approved by the
Construction Code Officer, the Zoning Officer shall refer it to the Sign Review Committee in
accordance with §
141-93D(4). The Sign Review Committee may approve the banner permit for a
maximum period of 15 days. The applicant shall then contact the Department of Public Works to
arrange erecting the banner across the street.
§ 141-94. Nonconforming signs.
A. It is the intent and purpose of this chapter that, as soon as legally possible, all existing signs not
conforming to the provisions of this chapter be eliminated or brought into conformity with the provisions of
this chapter.
B. Legal nonconforming signs. Any sign located within the Borough which does not conform to the provisions
of this chapter but which did conform to the applicable ordinance on signs at the time that it was erected
shall be a legally nonconforming sign. It may continue in use until it has lost its legal nonconforming status
under this chapter.
C. Status of legal nonconforming signs.
(1) A legal nonconforming sign shall immediately lose its legal nonconforming status on account of any of
the following events:
(a) The sign is altered in any way in structure or size.
(b) The sign is removed.
(c) The sign is damaged in such a way that the cost of restoration would exceed one-half of the
replacement cost as of the date of the damage.
(d) The sign is abandoned.
(2) Periodic maintenance as required by this chapter shall not be considered as alterations resulting in
the loss of legal nonconforming status.
§ 141-95. Existing and nonconforming signs.
A. No lawfully existing permanent sign shall be enlarged, redesigned, or altered in any way, except to
conform to this chapter and to provide ordinary sign maintenance. Alteration of the lettering or message on
an approved changeable copy sign is exempted from this requirement. Any sign replacing an existing sign
shall conform to the provisions of this chapter.
B. No nonconforming sign shall be replaced in the event of its removal or destruction. If a nonconforming sign
is deemed damaged badly enough to reduce its insurable value by 50%, it must not be reconstructed or
repaired except in conformance with this chapter.
C. All nonconforming signs shall be removed in the event of a change in use, new certificate of occupancy,
change of business license, or change of tenancy on the premises. All nonconforming signs shall be
removed if a building permit is issued for any construction on said property, sign-related or not.
D. No new signs may be approved for any property while a nonconforming sign remains in use on that
property. Approval and erection of any new signs for a property shall be contingent upon simultaneous
removal of all nonconforming signs for said property.
§ 141-96. Maintenance.
A. The property owner shall be responsible for maintaining all signs erected on a tax lot. This maintenance
shall include repainting, repairing and cleaning, as necessary. No sign shall be permitted to exhibit:
(1) Excessive chipped or peeling paint or lettering;
(2) Damaged or broken lettering or signboard;
(3) Illegible material due to fading, obliteration, or other condition; or
(4) Dirty, torn, broken, or otherwise damaged awning, canopy, projecting sign, or other sign support
structure.
B. If the Zoning Officer determines that any sign is in a state of disrepair so as to no longer be reasonably
capable of presenting its message, or abandoned or a danger to the public health or public safety, he shall
give written notice of the condition of the sign to the owner of the sign and to the owner of record of the tax
lot.
C. The property owner shall thereafter have 10 days to repair or remove said sign.
D. If said sign is not satisfactorily repaired or removed within the ten-day period, the Zoning Officer may
thereafter take such actions as are permitted pursuant to § 141-94E.
§ 141-97. Abandonment.
Abandoned signs and their supporting structures shall be removed within 30 days. The Borough may thereafter
take such actions as are permitted pursuant to §
141-94C and E.
§ 141-98. Enforcement.
A. The Borough shall enforce this chapter.
B. Upon the discovery of a violation of this chapter, the Zoning Officer shall give written notice to the owner of
the sign and to the owner of record of the tax lot that the sign is in violation of this chapter and to bring the
sign into conformity with this chapter or to remove it or to apply for a sign permit to allow the sign as
existing within 10 days of the notice.
C. In the event that any sign continues to be in existence after notice, the Borough may file a Municipal Court
complaint against the owner of the sign and the owner of record of the tax lot and take such other action
as may be permitted by law.
§ 141-99. Penalties.
Failure to satisfactorily repair or remove a sign cited by the Zoning Officer shall constitute a violation of this
chapter as per §
141-11.
§ 141-100. Definitions.
The following definitions shall apply to the regulation and control of signs within Collingswood:
ABANDONED SIGN
A sign no longer used for its original intent or a sign on a vacant, unoccupied, or abandoned property.
BANNER
A sign stretching across a public right-of-way which temporarily promotes an activity, special event, or
otherwise promotes a special event or the public good.
DECORATIVE FLAG
A flag displayed for decorative, and not official or patriotic, purposes.
EXEMPTED SIGN
A permitted sign that does not require a sign permit.
FLAG
A display of cloth or fabric with symbols, icons, and/or designs attached to a pole.
FREESTANDING SIGN
A sign supported by a sign structure placed in the ground and which is entirely independent of any other
structure for support.
HEIGHT OF SIGN
The vertical distance measured from the surrounding grade to the highest point of the sign.
HISTORICAL IDENTIFICATION SIGN
A sign or marker identifying a historic site or structure listed on Collingswood, New Jersey, or National
Historic Registers, or otherwise approved by the Historic Preservation Commission for public educational
purposes.
ICON SIGN
A sculptural or three-dimensional image or symbol that is representative of the business being advertised,
e.g., eyeglasses for an optometrist; scissors, needle and thread for a tailor; mortar and pestle for a
pharmacy; barber pole for a barbershop.
ILLUMINATED SIGN
A sign that is either externally or internally lighted.
INSTITUTIONAL USE
A formally organized, nonprofit, philanthropic, charitable, civic, or religions organization.
LETTERING AREA
The area within the smallest quadrilateral that be drawn to contain the letters, numbers, and characters of
the sign message, exclusive of decorative borders and other design elements.
MULTIPLE OCCUPANT TENANT (MOT) SIGN
A sign listing the names and/or uses or locations of more than one business, activity, or professional office
conducted within a building, group of buildings, or shopping center.
PROJECTING SIGN
A uniquely designed sign, such as a double-sided sign or icon sign, which hangs and/or protrudes
perpendicular to the face of the building via architecturally designed ornamental mountings, such as but
not limited to scrolled ornamental iron, steel brass braces, etc. Also known as a "hanging sign."
SIGN
Any identification, description, illustration or device, illuminated or nonilluminated, which is visible from any
public place and which directs attention to a product, service, place, activity, person, institution, business
or solicitation. This definition does not include nonlighted displays in the windows of commercial
establishments.
[Amended 11-3-2014 by Ord. No. 1557]
SIGN AREA
The area within the smallest quadrilateral that be drawn to contain the letters, numbers, and characters of
the sign message, inclusive of decorative borders and other design elements.
SIGN PLAN
A professionally drawn scale plan showing the full facade of the building, its architectural features, if any,
and the location of the sign on the face of the building, color, texture, lettering style, mounting techniques,
etc.
TEMPORARY ADVERTISING SIGN
An advertising sign or commercial special event banner temporarily erected for a limited time for
promotional purposes for an on-premises business establishment.
TEMPORARY BUSINESS IDENTIFICATION SIGN
A temporary sign provided for new businesses pending approval of a formal sign application.
WALL SIGN
A sign displayed on a wall of a structure.
§ 141-101. Design standards.
A. General sign design standards.
(1) Sign content. Unless otherwise indicated in this chapter, a sign may include only the following
information:
(a) The principal name of the business, proprietor, owner, or resident;
(b) A brief description of the principal goods, services, products, or uses offered in trade, which
description shall not exceed three words;
(c) A logo or trademark by which the on-premises business, proprietor, or owner is identified;
(d) The premises' street number;
(e) The premises' street name; and
(f) Any other notice or information required to be provided by law or regulation.
(2) Location of signs.
(a) A sign must be on the tax lot, building, or storefront with which it is identified. No signs shall be
allowed for or on accessory buildings or structures.
(b) No sign shall be erected in a public right-of-way or between the street curb and a sidewalk, other
than an easel sign, projecting sign, or awning sign, as permitted in this chapter .
(c) Freestanding signs shall be set back at least 10 feet from the public right-of-way or the front curb
line, whichever is greater, except in the Professional Office District and all residential districts,
where they shall be set back at least five feet from the public right-of-way or the front curb line,
whichever is greater. All freestanding signs shall be set back at least 10 feet from the property's
side yard line.
(d) No freestanding sign taller than four feet shall be erected in any sight triangle at a stre
