Land Use 22-302,502, 505,507, 512,531

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--- Document: Land Use 22-302,502, 505,507, 512,531 Document ---
PLEASE TAKE NOTICE the following ordinance was introduced and 
passed on first reading at the March 16, 2026 meeting of the Mayor and 
Borough Council was scheduled for a public hearing to begin at 7:00 
p.m. on April 20, 2026, in the Municipal Building, located at 555 
Brighton Avenue, Spring Lake Heights, at which time and place any 
person desiring to comment on this ordinance will be given the 
opportunity to be heard.  A copy of the ordinance is available in the 
clerk’s office. 
Janine Gillis, Borough Clerk 
ORDINANCE 2026-04 
BOROUGH OF SPRING LAKE HEIGHTS 
COUNTY OF MONMOUTH 
 
AN ORDINANCE OF THE BOROUGH OF SPRING LAKE HEIGHTS AMENDING 
CHAPTER 22, ARTICLE III SECTION 302(Definitions) , SECTION 502.1(Number 
Listed; Setback, etc.), SECTION 505(Buffers), SECTION 507(Curb cuts, driveway aprons, 
etc.), SECTION 512.5 (Height), SECTION 531(Swimming pools)  OF THE REVISED 
GENERAL ORDINANCES OF THE BOROUGH OF SPRING LAKE HEIGHTS. 
 
 
NOW, THEREFORE, BE IT ORDAINED by the Borough Council for the Borough of 
Spring Lake Heights in the County of Monmouth, State of New Jersey as follows: 
SECTION 1. Ordinance § 22-302 titled “DEFINITIONS” is hereby amended as follows: 
§22-302 
DEFINITIONS. 
Accessory Use or Building [No changes.] 
Acre, Gross [No changes.] 
Administrative Officer shall mean that person so appointed by the Approving Authority which 
may include the Secretary to the Planning Land Use Board or, in their absence, the Clerk of the 
Borough shall serve as the Administrative Officer for the activities required under the Municipal 
Land Use Law. 
Alteration of a Building or Structure [No changes.] 
Approving Authority shall mean the Planning Land Use Board when acting pursuant to the 
authority of the Municipal Land Use Law, unless a different agency is designated in the text of 
this chapter. 
Automobile Service Station shall mean any premises used for the retail sale of gasoline, oil or 
other products necessary for the maintenance and operation of motor vehicles and for servicing 
and minor repairs thereof, but where no vehicular painting or bodywork is done, and where not 
more than two vehicles unregistered or incapable of normal operation are kept or stored. 


Automotive Repair Garage shall mean any premises used for service, repair and detailing of 
motor vehicles, but where no vehicular painting or bodywork or retail sale of gasoline is done. 
Banquet Facility through Motel [No changes.] 
Motor Vehicle Service Station shall mean any premises used for the retail sale of gasoline, oil  
and other products necessary for the operation and maintenance of motor vehicles and for the 
servicing and minor repairs thereof, but where no vehicular painting or bodywork is done. 
Natural Drainage Flow through Yard, Side [No changes.] 
 
SECTION 2. Ordinance § 22-502.1 titled “Number Listed; Setbacks; Maximum Height; 
Permitted Uses” is hereby amended as follows: 
§ 22-502.1 
Number Listed; Setbacks; Maximum Height; Permitted Uses. 
An accessory building… 
a. Garages. The maximum size for a detached garage shall be 720 six hundred (600) square 
feet with a height not to exceed 15 feet. A garage must be accessible to motor vehicles and 
be able to accommodate the storage of a motor vehicle at least twenty (20) feet in length. 
b. Accessory Buildings. An accessory building may be used as a storage shed, a pool 
equipment shed or a changing room. An accessory building may have electricity, but shall 
not be heated, have cooking facilities or be connected to a municipal or a septic water 
and/or sewer system. The size of an accessory building shall be determined by the existence 
of a garage, either attached or detached, on the property. A property with a garage may 
have an accessory building with a maximum size of one hundred (100) square feet and a 
height not to exceed ten (10) feet. A property without a garage may have an accessory 
building with a maximum size of four hundred (400) two hundred (200) square feet and a 
height not to exceed twelve (12) feet. 
 
SECTION 3. Ordinance § 22-505 titled “BUFFERS” is hereby amended as follows: 
§ 22-505 
BUFFERS. 
Within any zone, other than a residential zone, in which the lot(s) submitted for plat approval abuts 
a residential zone, or use the following buffer area and landscaping requirements shall apply: 
A strip of land 20% of the average width of the property when a nonresidential use abuts a 
residential zone on the side, or 20% of the average depth of the property when a nonresidential use 
abuts a residential zone at the rear, shall be designated as a buffer area and so indicated on the plat. 
Buffer areas will be contiguous with residential property lines and shall be of uniform width. In 
no case should the width of the buffer exceed 50 feet. In no case shall the buffer be less than 20 
feet wide, the applicant shall be required to erect a six foot high board on board or solid vinyl fence 
that faces the residential properties with six feet to eight feet evergreen plantings within the buffer 


area parallel to the lot line of the abutting residential lot and set back a distance appropriate for the 
landscaping treatment in the buffer area. 
a. Buffer Area Requirements. 
1. A buffer area is required when a property in the MU-1, MU-2, B-2, MU-AH1, MU-
AH2, AH-3, or AH-4 zone abuts a property in a residential zone or with a residential 
use. 
2. The buffer area shall be contiguous with the residential property lines, run parallel 
to and along the entire length of the abutting property line. 
3. The width/length of the buffer area is the entire length of the abutting property line. 
4. The depth of the buffer area is determined by the location of the abutment: 
(a) Abutment at the rear of the property is calculated as fifteen percent (15%) 
of the average depth of the property measured from the front property line 
to the rear property line. 
(b) Abutment at the side of the property is the required side setback. 
5. The depth of a buffer abutting on the rear or side of the property should not exceed 
thirty (30) feet and/or be less than ten (10) feet. 
6. The applicant shall be required to: 
(a) Erect a six (6) foot high board-on-board or solid vinyl fence with the 
finished side facing the residential property. 
(b) Place six (6) to eight (8) foot high evergreen plantings within the buffer area 
parallel to the lot line of the abutting residential property at a minimum of 
six (6) feet on center and staggered in at least two (2)  rows. 
7. The remaining area of the buffer shall not contain any structures or mechanical 
equipment. The area may have additional plantings and/or impervious covering 
including pavement and lined parking stalls. Recycling  and trash containers  in an 
enclosed area may be permitted provided that there is no other feasible location on 
the property, as permitted by the Land Use Board. No traffic lanes shall be located 
along the buffer planting area. 
8. The area must be designated as a buffer area on the site plan. The site plan must 
show the dimensions and the design of the buffer area. 
b. Requirements for Planting in the Buffer Area 
1. A solid and contiguous landscaped screen shall be planted and maintained 
throughout the year to conceal screen the parking and loading areas, eliminate the 
glare of vehicle lights throughout the year and camouflage the building from the 
abutting residential areas. The landscape screen shall consist of evergreen trees, 
selected from the approved Borough Planting List set forth in Schedule A attached 
hereto. Such The list may be amended and/or changed from time to time at the 
discretion of the Planning Land Use Board. The current approved Borough Planting 
List shall, at all times, be kept on file in the Borough Clerk's office. Trees shall be 
planted in an area six (6) feet to twenty (20) feet from the residential property line 
in a zigzag pattern and not more than six (6) feet apart, except where otherwise 
authorized by the appropriate authority. Evergreen trees shall not be less than six 
feet high when planted and the lowest branches shall be not more than one foot 


above the ground. In the event the existing evergreen trees do not cover the required 
area from the ground, said landscaping screen shall be supplemented with 
evergreen shrubbery. 
2. In addition to the landscaped screen, shade trees, such as sugar maples, scarlet oaks, 
pin oaks, willow oaks, Norway maples, sweet gum, ash, etc., shown on the Borough 
Planting List, shall may be planted by the applicant at a distance of not more than 
40 twenty (20) feet from each other. 
3. The height of the landscaped screen shall be measured in relation to the elevation 
of the edge of the parking and loading area. Where the landscaping screen is lower 
than the elevation of the parking or loading area, either the required height of the 
screen shall be increased equal to the difference in elevation or the parking or 
loading area shall be moved to allow the plantings to be located in an area with a 
similar elevation as the parking or loading area. 
4. [No changes.] 
c. The approving authority shall have the power to waive any of the requirements or details 
specified above if it determines an adequate buffer can be provided in less than 20 feet 
while maintaining the purposes of this, section. The approving authority, when considering 
waiving any of the buffer requirements, shall review the proposed plat and standards and 
purposes of N.J.S.A. 40:55D-1 et seq. and, to these ends, shall consider the locations of 
buildings, parking areas, outdoor illumination, and other existing features, of the 
topography of the area, and existing features such as trees, streams; the efficiency, 
adequacy and safety of the proposed layout of driveways, streets, sidewalks and paths; the 
adequacy and location of existing green areas and buffer areas; the adequacy and location 
of screening and parking areas; structures and uses; and such other matters as may be found 
to have a material bearing on the above standards and objectives. 
d. In Business Non-Residential zones, mechanical equipment and utility boxes shall be 
screened with plantings so they are not visible. 
 
SECTION 4. Ordinance § 22-507 titled “CURB CUTS, DRIVEWAY APRONS, CURBS, 
DRIVEWAYS, SIDEWALKS AND PATIOS” is hereby amended as follows: 
§ 22-507 
CURB 
CUTS, 
DRIVEWAY 
APRONS, 
CURBS, 
DRIVEWAYS, 
SIDEWALKS AND PATIOS. 
Concrete curbs and sidewalks are required on every street in the Borough along the full front and 
side of all lots abutting existing streets. Curbing shall be installed where curbing does not exist and 
sidewalks shall be installed where sidewalks do not exist. These requirements are applied when 
construction of a completely new principal building occurs; or when an addition to, reconstruction 
of, or renovation of a principal building consists of 30% or more of the square footage of the 
existing principal building. 
a. [No changes.] 
b. [No changes.] 


c. Driveway Standards. A zoning permit is required for any new or replacement of a driveway 
or driveway material and must comply with the Borough requirements. The driveway shall 
commence at the driveway apron also known as the dropped curb or sidewalk. There must 
be at least a two (2) foot grass strip between a driveway and the side and/or rear property 
line. The entire area between the edge of the driveway and the side and rear property lines 
shall be a pervious surface; stone, gravel, and shells are not permitted The following 
materials or surfaces are not permitted in driveways or areas used for parking vehicles: a) 
gravel, loose stone, or shells, or b) bare or uncovered dirt. Gravel, loose stone and shells 
are impervious and count toward impervious coverage. 
1. Driveways in Residential Zones in the front yard area of the house shall have a 
width between a minimum of ten (10) feet and a maximum of twenty (20) feet and 
a minimum length of twenty (20) feet measured from the front property line. The 
width may be expanded an additional ten (10) feet starting ten (10) feet measured 
from the front street/property line or curb. The minimum setback from the edge of 
the driveway to the side and rear property lines shall be two (2) feet. Gravel or loose 
stone in a driveway count toward total impervious coverage. 
2. Driveways in Non Residential Zones shall have a minimum of twelve (12) feet and 
a maximum of twenty-four (24) feet. The minimum setback from the edge of the 
driveway to side and rear property lines shall be five (5) feet. Driveway and parking 
areas must have a hard-surface pavement that is durable and is maintained in good 
condition; gravel and loose stone are not permitted. 
 
SECTION 5. Ordinance § 22-512.5 titled “Height” is hereby repealed and replaced as 
follows: 
§ 22-512.5 
Height. 
a. Fence height is measured as the number of feet above ground level. The height requirement 
is determined by the location of the fence on the property and that location in relation to 
the front yard area measured twenty-five (25) feet from the street/property line. The front 
yard area is the area within the property line of the side yards and the area between the 
front street/property line and a line running parallel to the front of the principle building or 
the front yard setback line. On a corner lot, this applies to both the primary and secondary 
front yard areas. 
b. When the fence is located within the front yard area, as defined above, the height, based 
on location, is the following: 
1. In any residential zone shall be three (3) feet. 
2. In any non-residential zone shall be three (3) feet. 
3. On a property with a residential use along the side or rear yard adjacent to a property 
with a non-residential use shall be three (3) feet. 
c. When a fence is located in a secondary front yard area, a height of six (6) feet or less is 
permitted beyond twenty-five (25) feet from the primary and secondary front 
street/property line  


d. When a fence is located anywhere other than the front yard area, as defined above, the 
height, based on the zone or use, is the following: 
1. In any residential zone shall be six (6) feet or less. 
2. In any non-residential zone or use shall be six (6) feet. 
3. On a property with a residential use along the side or rear yard adjacent to a property 
with a non-residential use shall be six (6) feet to eight (8) feet. 
SECTION 6. Ordinance § 22-531 titled “SWIMMING POOLS” is hereby amended as 
follows: 
§ 22-531 
SWIMMING POOLS. 
No swimming pool shall be located within 10 feet of any rear or side property line; the 10 feet 
shall be measured from the pool line nearest to any rear and/or side property line. 
a. No swimming pool shall be within five feet of the principal building or any accessory 
building. In no case shall the swimming pool be nearer any street than the principal building 
to which the pool is an accessory. 
b. A fence, permanent barrier or obstruction not less than four feet nor more than six feet in 
height, shall entirely enclose the area on which the swimming pool is located and bar all 
reasonable and normal access to the pool. Access to the area shall be through self-closing 
and latched gate or gates. The barrier may enclose a portion of the yard surrounding the 
pool. The barrier shall meet State of New Jersey requirements and be approved by the 
Borough Construction Official. 
c. Swimming pools are a permitted accessory use in Residential Zones R1, R2, R3, R4, and 
R5.  
SECTION 7. Severability. 
 
The provisions of this Ordinance shall be severable. If any portion of this Ordinance is 
found to be invalid for any reason by any Court of competent jurisdiction, such judgment shall be 
limited in its effect only to the portion of the Ordinance actually adjudged invalid and shall not be 
deemed to affect the operation of any other portion thereof, which shall remain in full force and 
effect. 
SECTION 8. Repealer. 
All ordinances and resolutions, and parts of ordinances and resolutions which are 
inconsistent with provisions of this ordinance shall be, and are hereby, repealed to the extent of 
any such inconsistency.  
SECTION 9. Effective Date. 
 
This ordinance shall take effect upon final adoption and publication in accordance 
with law.      
LEGAL NOTICE 
Publication by Summary Pursuant to N.J.S.A.40:49-2