Monday - Friday
8:30 - 4:30

 (732) 542-3400

556 Tinton Avenue
Tinton Falls, NJ, 07724

ZONING PERMITS

 

 THE BOROUGH OF TINTON FALLS REQUIRES A ZONING PERMIT BEFORE THE ERECTION, CONSTRUCTION, ALTERATION, OR REPAIR OF ANY STRUCTURE OR LAND

 

A PERMIT FROM THE BUILDING DEPARTMENT MAY ALSO BE REQUIRED.

CALL (732)542-3400 EXT 238 TO CONFIRM IF A PERMIT IS REQUIRED BEFORE YOU BEGIN ANY WORK.

 

 

ZONING APPROVAL IS REQUIRED FOR (BUT NOT LIMITED TO) THE IMPROVEMENTS LISTED BELOW: 

A PROPERTY SURVEY TO SCALE SHOWING ALL EXISTING AND PROPOSED IMPROVEMENTS IS REQUIRED FOR ALL ZONING PERMIT APPLICATIONS

 

ADDITIONS

 

REQUIRED:

-Zoning Permit Application, noting the proposed use of addition

-$75 fee

-Property survey TO SCALE showing existing and proposed improvements

-HOA approval if applicable

 

PLEASE BE ADVISED OF THE FOLLOWING BEFORE A BACKFILL INSPECTION CAN BE REQUESTED:

  • A FOUNDATION LOCATION SURVEY (a new survey of your property showing the location of what was added) must be submitted and approved by the Zoning Officer.
  • Once the Foundation Location approval is granted, a backfill inspection can be requested by calling the Building Department at (732)542-3400 ext. 238 or via email at This email address is being protected from spambots. You need JavaScript enabled to view it..

 

 

 

COMMERCIAL USE

 

 

REQUIRED:

-Zoning Permit Application

-$100 fee

-Current tenant list

-Fire Prevention Bureau business registration form (and fee)

 

Jersey Shore Premium Outlet tenants must also include:

-Approval letter from the outlet mall management office

 

 RMU/Kiosk/ Temporary Carts within JSPO must include:

-Approval letter from the outlet mall management office

-Map highlighting location, photo & dimensions of RMU/Kiosk/10x10 cart

-Approval from the health department (if selling consumables)

-Photo of RMU/Kiosk/10x10 cart

-Dimensions of RMU/Kiosk/10x10 cart

-Fire permit in lieu of Fire Prevention business registration form (and $54 fee)

 

 

The Borough of Tinton Falls requires a Commercial Use permit before any new business or non-residential use may occupy a building or unit within. 

Be sure to include the following information on the request for the permit:

  1. Description of use (BE VERY SPECIFIC)
  2. Number of employees
  3. Parking requirements
  4. Number of vehicles
  5. Hours of operation
  6. Square footage

Note:  A Certificate of Continued Occupancy may also be required.  Contact the Code Enforcement office at (732)542-3400 ext. 267 to verify.

                                                                                                                                   

NON-RESIDENTIAL PERMITTED USES

 

 

DECKS AND PATIOS

 

REQUIRED:

-Zoning Permit Application

-$75 fee

-Property survey TO SCALE showing all existing and proposed improvements

-HOA approval if applicable

 

NOTE:  ALL TYPES OF PATIOS REQUIRES A ZONING PERMIT, INCLUDING PAVERS MARKETED AS A PERMEABLE MATERIAL

Decks and Patios:

  1. Any decks or patios above grade shall meet the required yard setbacks for principal buildings.
  2. Decks and patios shall be permitted in the side and rear yard area only.
  3. Second story decks shall be permitted if accessed from the building interior only. No second floor decks shall be permitted on accessory buildings.
  4. Any decks and patios at grade shall be located no closer than 10 feet to any property line.
  5. All decks and patios shall be included in the calculation of total lot coverage.
  6. The elevation of the second floor deck shall be no higher than the finished second floor elevation.

 

 

DRIVE WAYS

 

REQUIRED:

-Zoning Permit Application

-$75 fee (residential) $100 fee (commercial)

-Property survey TO SCALE showing all existing and proposed improvements

-HOA approval if applicable

 

Driveways

  1. The entrance to the street shall be at an angle of 75° to 105° with the intersecting street.
  2. The portion of the driveway between the street right-of-way and the cartway (including the apron and sidewalk) shall be paved with concrete [4,500 psi strength and six inches thick].
  3. Curbing shall be either depressed at the driveway or have the curbing rounded at the corners with the driveway connected to the street in the same manner as another street.
  4. The grade of a driveway shall not exceed 10%.
  5. Driveway pavement widths:*

[Amended 10-1-2019 by Ord. No. 2019-1452]

 

Minimum (feet)

Maximum (feet)

Industrial

24

40

Commercial

24

40

Multi-family

24

35

Single-family

10

20

Public and quasi-public

24

35

* Exclusive of any parking bay, turnaround, and curb return.

  1. Minimum distance to street intersection shall be 50 feet.
  2. There shall be a maximum of one driveway per single family lot unless the lot is greater than 150 feet wide, in which case a single circular driveway with two curb cuts with a minimum distance of 50 feet between them is permitted. Nonresidential uses shall be limited to one driveway per lot unless the lot width is greater than 500 feet, then a second driveway may be permitted if the driveways are at least 200 feet apart and the required setbacks from intersecting streets and adjacent property lines can be met.
  1. Driveways shall be located the following distances from lot lines other than street rights-of-way, except that where two lots share a driveway, the driveway may either abut or overlap the common lot line.

            a. Single family lots: 5 feet.

            b. Other residential: 20 feet.

            c. Nonresidential: 20 feet.

  1. Driveways shall be a durable, dust free, all weather proof surface, such as concrete, asphalt, or closed cell pavers.
  2. Lots with frontage on more than one street shall have driveway access to the street with the lower, or lowest, street function.

 

FENCES AND WALLS

 

REQUIRED:

-Zoning Permit Application (include height and material of proposed fence)

-$75 fee (residential) $100 fee (commercial)

-Property survey TO SCALE showing all existing and proposed improvements

-HOA approval if applicable

- Grading plan required for all retaining walls

-Signed and sealed structural plans are required for any wall 3 feet in height or greater

 

  1. All fences, walls or similar structures shall be considered accessory structures. No fences or walls shall be erected without a principal use.
  2. Fences and walls shall not be located in any required sight triangle or in a public right-of-way.
  3. All fences and walls shall be designed and constructed so as not to block the flow of surface water and to permit adequate drainage.
  4. Fences and walls topped with barbed wire, razor wire, broken glass, or similar materials, or that are electrically charged, are prohibited except barbed wire and electrically charged fence may be used on farm qualified properties.
  5. Fences and walls shall not contain signage or other displays unless otherwise permitted herein.
  6. Wire mesh (except when used on farm qualified properties and as outlined below), canvas, cloth, and other similar materials are prohibited as either a fence or wall, or as an attachment to a fence or wall. Black galvanized steel wire mesh, 12.5 gauge minimum, or black vinyl coated chain link may be permitted as an attachment to split rail fences around drainage basins or swimming pools where required for safety purposes by the Planning/Zoning Board or its professionals or the Construction Official.
  7. Freestanding walls shall be constructed of brick or decorative stone only. Retaining walls required to implement grading plans approved by the Borough/Board Engineer may be constructed of treated lumber, or synthetic, or masonry products meeting nationally recognized engineering standards for retaining wall purposes.
  8. All fences and walls shall be constructed for permanency. No temporary fences or walls are permitted except for construction fences or walls (such as when used as a soil erosion control method), but only with the prior approval of the Board. Snow fences are also permitted as a temporary fence with the approval of the Borough Engineer for the safety of, and to promote the general welfare of, the residents of the Borough.
  9. Fences in the front yard shall not exceed four feet in height (except on farm qualified properties), shall be set back at least 10 feet from the edge of the front property line.
  10. Walls in the front yard shall not exceed two feet in height and shall be set back at least 10 feet from the edge of the front property line.
  11. Fences in the front yard shall be limited to split rail, picket, or decorative metal with an open area of at least 50%.
  12. Chain link fences are not allowed in the front yard except that in neighborhoods where the prevailing lot widths are 40 feet, but no greater than 80 feet, a chain link fence is allowed in the front yard on those lots where the lot width is no greater than 80 feet. Slats are not allowed in front yard fences.
  13. Fences and walls in side and rear yards shall not exceed six feet in height (except on farm qualified properties).
  14. For corner lots or lots with multiple frontages, fences in a front yard that is not the front yard as determined by street address shall not exceed six feet in height and may be of solid construction if the fence conforms to the front yard setback requirements and is screened by landscaping in compliance with this chapter.
  15. For through lots abutting Heritage Boulevard and another street, six-foot-high solid fences are permitted to be set back no less than five feet and no greater than a distance of 10 feet from the Heritage Boulevard right-of-way, and shall meet all other requirements of this section. For any six-foot-high fence along Heritage Boulevard, an evergreen landscaped buffer no less than three feet in width shall be provided between the fence and Heritage Boulevard.
  16. The height of any fence or wall shall be measured from the adjacent finished grade.
  17. Before a fence shall be erected, constructed, relocated, altered, rebuilt, extended or enlarged, a zoning permit shall be obtained from the Zoning Official of the Borough of Tinton Falls.
  18. The finished or right side of any fence or wall shall face the adjoining property or street.
  19. The Zoning Official may deny fence permits on corner lots if he determines that the installation of said fences will adversely affect automobile sight lines, thereby creating a danger to public safety.
  20. All fences on a parcel shall be consistent in size, texture and design and shall be compatible with the materials, scale and building arrangement of principal and accessory structures on the site.
  21. Where a retaining wall of solid masonry construction is required, the retaining wall shall be permitted, provided that the height of the wall does not exceed six inches above the grade of the land.
  22. For any retaining wall three feet in height or greater, signed and sealed structural plans, details, and calculations prepared by a professional engineer licensed in the State of New Jersey must be submitted to the Borough Construction Official for review and approval. Grading plans prepared by a professional engineer licensed in the State of New Jersey must be submitted to the Borough Engineer for review and approval.

 

FINISHED BASEMENTS

 

REQUIRED:

-Zoning Permit Application

-$75 fee

-Existing and proposed floor plan with each room labeled and description of use

-HOA approval if applicable

 

Basement shall mean any area of the building having its floor subgrade (below ground level) on all sides

 

 

GENERATORS

 

 

REQUIRED:

-Zoning Permit Application

-$75 fee (residential) $100 fee (commercial)

-Property survey TO SCALE showing proposed location of the generator

-HOA approval if applicable

-Generator manufacturer specs

-NOTE: Evergreen Buffer is required if the setback is less than 23 feet and shall be indicated on property survey

 

 
Permanent Emergency Generators:

  1. Only one generator with a maximum output of 48 kilowatts shall be permitted per unit.
  2. With the exception of scheduled maintenance and testing, generators shall only be operated during emergencies. An "emergency" is defined as the loss of primary power due to a power outage beyond the control of the property owner.
  3. Generators shall be permitted in the side and rear yard areas only. In addition, the generator shall not be located closer to a right-of-way line than the principal building on the lot.
  4. Generators shall be set back a minimum of five feet from the side and rear property lines. For all commercial uses that abut a residential use, generators shall meet the setback requirements of the principal building. However, in no instance shall the generator be installed greater than 20 feet from the principal structure.
  5. Generators shall be installed in accordance with the manufacturer's recommendations and all standards of the Uniform Construction Code, the National Electric Code, the National Fire Protection Association, the International Fire Code New Jersey Edition, the International Plumbing Code New Jersey Edition, and the International Residential Code New Jersey Edition.
  6. In residential zones, the footprint of the generator, including the pad, shall not exceed 20 square feet, and the height of the unit shall not exceed four feet. In commercial zones, the footprint of the generator, including the pad, shall not exceed 80 square feet, and the height of the unit, including any fuel tanks, shall not exceed eight feet.
  7. The area of the generator footprint shall not be counted as lot coverage or impervious coverage.
  8. Generators shall be appropriately screened and buffered by evergreen plantings or a fence.
  9. The noise level of generators shall not exceed 70 decibels at any property line. Any generator less than 23 feet from the property line shall have an evergreen buffer around The generator to aid in sound reduction.  All generators shall have a weatherproof sound attenuating enclosure.
  10. Routine testing and maintenance shall not occur more than once per week and shall not exceed 30 minutes. Testing is permitted Monday through Friday between the hours of 10:00 a.m. and 5:00 p.m.

  11. A zoning permit shall be obtained from the Tinton Falls Zoning Office prior to the installation of any generator. All permit applications shall be accompanied by a property survey indicating the location of the proposed generator and setbacks to property lines and the principal building. The survey shall be no more than five years old, be drawn to scale and be prepared by a professional land surveyor licensed in the State of New Jersey.

  12. Anyone found to be in violation of these requirements shall, upon conviction, be subject to a fine not to exceed $500, and each day that such violation shall continue shall be deemed a separate offense.

 

POOLS

 

REQUIRED:

-Zoning Permit Application

-Fee:  $175 inground pool/ $100 above ground pool

-Property survey TO SCALE showing all existing and proposed improvements (be sure to indicate the location of pool equipment)

-Grading plan

-HOA approval if applicable

 

Swimming Pools/Hot Tubs/Spas

  1. Only one pool and one hot tub/spa shall be permitted per single-family residence. No private residential pool/hot tub/spa shall be installed on any lot without a residence.
  2. The water edge of the pool and hot tub/spa shall be a minimum of 15 feet from the side and rear lot lines.
  3. The water surface of any swimming pool, hot tub or spa shall not be included in the calculation of lot coverage.
  4. Fencing in the front yard shall not be located closer than the front building line or 20 feet from the front property line, whichever is greater. Safety fencing height shall be four feet.
  5. All private swimming pools/hot tubs/spas shall only be located in a rear yard.
  6. On any corner lot or through lot, no part of any private swimming pool shall be constructed within the front yard area required to be provided on any street.
  7. Artificial lights used or maintained in connection with a private swimming pool shall be so located and shielded that the illumination therefrom is not directed upon any adjacent property.
  8. No private swimming pool shall be used other than as an accessory use of the premises whereon it is located.
  9. Any buildings or structures erected in conjunction with a swimming pool shall comply with the provisions of accessory structures.
  10. Any noise-generating equipment shall be located so as to minimize the impact upon adjacent properties.
  11. All associated pool and hot tub/spa equipment shall be a minimum of 10 feet from the side and rear lot lines.

 

SHEDS & OTHER ACCESSORY STRUCTURES

 

REQUIRED:

-Zoning Permit Application (include dimensions and height of proposed structure)

-$75 fee (residential) $100 fee (commercial)

-Property survey TO SCALE showing all existing and proposed improvements

-Elevations of proposed structure

-HOA approval if applicable


General Requirements:

  1. No accessory building or structure shall be constructed on any lot on which there is not a principal building.
  2. Any accessory building or structure attached to the principal building shall be considered part of the principal building.
  3. Play sets, swing sets, jungle gyms and related equipment, as well as ponds and other water features shall be considered accessory structures in this chapter.
  4. No accessory building, structure, or use shall be permitted on any lot other than the same lot as the principal structure to which it serves.

The following requirements shall be complied with in all residential zones:

 

  1. No accessory building or structure shall be used for human habitation.
  2. Except as specifically permitted elsewhere in this article, no accessory building or structure shall exceed 15 feet in height. Building height is measured from the grade plane to the mean height of roof ridge.
  3. No accessory building or structure shall be located closer to a right-of-way line than the principal building. On corner lots, accessory building or structure shall not be located closer to a street than the minimum front yard requirements for the district and screened by landscaping in compliance with this chapter.
  4. Up to two accessory buildings are permitted on a lot. Accessory buildings or structures located on the same lot must be for different uses and shall not exceed an area of 400 square feet maximum per site. For example, one detached garage and associated driveway is permitted provided there is no attached garage. One accessory building for household goods and equipment such as a cabana, barn, tool shed, storage shed, or garden shed accessory to a detached single-family dwelling is permitted.
  5. No accessory building or structure shall have an area greater than 400 square feet.
  6. An accessory building or structure of 10 feet or less in height shall not be closer than five feet to a side lot line or three feet from a rear lot line and shall only be permitted to the rear of the principal building.
  7. An accessory building or structure greater that 10 feet in height shall not be closer than the height of the building to a side or rear lot line and shall only be permitted to the side or rear of the principal building.

 

 

 

SIGNAGE

 

 

REQUIRED:

-Zoning Permit Application

-Fee: $50 per sign

-Property survey or site plan showing proposed location of proposed signage

-Landlord approval if applicable

-A diagram of all signs (PROPOSED & EXISTING) to be erected, altered, or relocated

 The description must contain:

            *The location and its relationship to all property lines, ground level and buildings

            *Dimensions, proposed material, and lighting details (if applicable)

            *Colored renderings of proposed signage

 

Click HERE to view the Borough’s Ordinance regarding Signage.

                                                                                                                                        

Click HERE to view the Specifications for Falls Village Signage

 

SOLAR

 

REQUIRED:

-Zoning Permit Application

-$75 fee (residential) $100 fee (commercial)

-Property survey TO SCALE showing proposed location of solar panels

-HOA approval if applicable

-Plans prepared by solar company

-Plans for roof mounted solar panels must include the height of panels off roof

 

General Applicable Standards for Small Wind Energy Systems and Small Solar Energy Systems.

(110% production).

  1. The primary purpose of a small wind or small solar energy system will be to provide power for the principal use of the property whereon said system is to be located and shall not be for the generation of power for commercial purposes, although this provision shall not be interpreted to prohibit the sale of excess power generated from a small wind or small solar system to a supplier/provider. For the purposes of this ordinance, the generation of power shall be limited to 110% of the average annual energy consumed for the principal use of the subject property.
  2. Small wind energy systems are permitted as a conditional use on the same lot as the principal use. Small solar energy systems are permitted as an accessory use on the same lot as the principal use. All small wind or small solar energy systems require approval from the zoning officer prior to installation. Applications for an energy system shall include information demonstrating compliance with the provisions of this section. In the event that the Zoning Officer does not believe the provisions of this section will be satisfied an applicant may request a variance.
  3. All applications for small wind or small solar energy systems are to be submitted for site plan and/or variance/waiver review to the Planning Board or the Zoning Board, as necessary, when a variance/waiver is requested.
  1. Small Wind Energy Systems.

(110% production).

  1. Small wind energy systems are permitted as a conditional use in all zones subject to the following requirements:
  2. Minimum lot size:

                  (1)Three acres in all residential zones.

                  (2)Five acres in all commercial zones.

  1. Maximum height: System height shall not exceed 25 feet, measured from the grade plane to the height of the blades at its highest point.
  2. Minimum setbacks: All wind energy systems shall be set back from all property lines a distance equal to 100% of the system height including the blades of the turbine at their highest point.
  3. Wind energy systems shall not be permitted in any front yard.
  4. No more than one wind energy system shall be permitted per property.
  5. Wind energy systems shall not be permitted as a rooftop installation.
  6. All moving parts of the wind energy system shall be a minimum of 30 feet above ground level.
  7. Any tower shall be designed and installed so as to not provide step bolts or a ladder readily accessible to the public for a minimum height of eight feet above the ground.
  8. All guy wires or any part of the wind energy system shall be located on the same lot as the wind energy system.
  1. Noise: All wind energy systems shall comply with the following requirements.
  2. Between residential use or zone sound levels of the wind energy system shall not exceed 55 dBA at a common property line or 50 dBA to the closest occupied structure.
  3. In all other cases at a common property line sound levels of the wind energy system shall not exceed 65 dBA.
  1. Small Solar Energy Systems. (110% production) will be created and shall state the following:
  2. Rooftop solar arrays for small solar energy systems are permitted as an accessory use in all zones subject to the following requirements.
  3. Rooftop solar arrays shall not exceed a height of 12 inches from the existing roof surface of a peaked roof and not exceed a height of four feet from the existing roof surface of a flat roof.
  4. In no event shall the placement of the solar energy system result in a total height building plus panels and mounting equipment than what is permitted in the zoning district which the subject energy system is located.
  1. Ground-mounted solar arrays for small solar energy systems are permitted as an accessory use in all zones subject to the following requirements:
  1. Maximum size: No more than 10% of a lot may be devoted to a ground-mounted solar energy system, however, in no case shall a ground-mounted solar energy system exceed 2,500 square feet.
  2. Ground-mounted solar energy systems shall not exceed a height of 10 feet as measured from the grade plane to the highest point of the mounting equipment and/or panel(s), whichever is higher.
  3. Minimum setback: All ground-mounted solar energy systems shall have a distance of 20 feet from all property lines in residential zoning districts or 50 feet from any property line in commercial zoning districts.
  4. Ground-mounted solar energy systems shall not be permitted in any front yard.
  5. Ground-mounted solar energy systems are permitted in the rear yard.
  6. Ground-mounted solar energy systems are permitted in side yards, if screened from the street and adjacent properties by evergreen landscaping to create a continuous buffer.
  7. Ground arrays shall not contribute to impervious surface calculations, unless installed above an impervious surface.
  1. Additional requirements shall be created and shall state the following:
  2. All small wind energy systems and small solar energy systems shall comply with the following:
  3. Small wind and small energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacture or operator of the system. In no case shall any identification be visible from a property line.
  4. Small wind and small solar energy systems shall not significantly impair a scenic vista or scenic corridor as identified in the Borough's Master Plan or other published source.
  5. The natural grade of the lot shall not be changed to increase the elevation of any wind turbine or solar array.
  6. Wires, cables and transmission lines running between the device and any other structure shall be installed underground.
  7. All ground mounted electrical and control equipment shall be secured to prevent unauthorized access.
  8. The design of small wind and small solar energy systems shall, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment.
  9. The installation of a small wind and small solar energy systems shall conform to the National Electric Code as adopted by the NJ Department of Community Affairs.
  10. The installation of a small wind and small solar energy systems is subject to all local electric company requirements for interconnections.
  11. The following requirements are applicable to small wind energy systems:
  • Wind energy systems shall not be artificially lit, except to the extent required by the FAA or other applicable authority.
  • Wind turbines shall be designed with an automatic brake or other similar device to prevent over-speeding and excessive pressure on the tower structure.
  • The blades on the wind energy system shall be constructed of a corrosive resistant material.

 

 

TREE REMOVAL

 

REQUIRED:

-Zoning Permit Application

-Fee: $5

-Property survey indicating the location of the tree(s) to be removed & their diameter

-Application will also be referred to the Shade Tree Commission for approval

 §  17-3 PERMIT REQUIRED TO REMOVE; EXCEPTIONS.

[1982 Code § 165-3; Ord. #440; Ord. #93-821]

Except as provided herein, no person shall cut, remove, injure or damage any tree which has a caliper of six inches or greater measured at a point 4 1/2 feet above ground level on any property, unless they have first obtained a permit therefor in accordance with the regulations and provisions of this chapter. Excepted from this chapter shall be the following:

a. 

Removal of trees located on farmland which is qualified for farmland assessment, commercial nurseries, fruit orchards and Christmas tree plantations;

b. 

Any trees which are designated to be removed pursuant to a plan approved by either the Planning Board or the Zoning Board of Adjustment

  § 17-4 APPLICATION FOR PERMIT TO REMOVE.

[1982 Code § 165-4; Ord. #440; Ord. #93-821; Ord. #00-1020, § 1]

Any person desiring to destroy, cut or remove any such tree set forth in Section 17-3 and except as excepted by Section 17-3 shall apply to the Zoning Officer for a permit to remove such trees. The applicant shall identify the land upon which the tree or trees are located and shall disclose the name and address of the owner or tenant or the duly authorized agent of said owner or tenant and shall identify and place the location of the tree or trees sought to be cut, removed or destroyed. No permit shall be issued without said application referred to Shade Tree Commission.