A.
Zone districts. For the purpose of this chapter,
the Town of Clinton is hereby subdivided into 17 primary zone districts
known as:
[Amended 12-18-1984 by Ord. No. 84-17; 12-10-1985 by Ord. No. 85-25; 5-23-1989 by Ord. No. 89-6; 8-24-1999 by Ord. No. 99-8; 9-9-2003 by Ord. No. 03-13; 8-10-2004 by Ord. No. 04-07; 8-13-2019 by Ord. No. 19-11; 8-13-2019 by Ord. No. 19-12]
|
R-1
|
Residence District
| |
|
R-1-A
|
Residence District
| |
|
R-2
|
Residence District
| |
|
R-2A
|
Residence District
| |
|
R-3
|
Residence District
| |
|
C-1
|
Downtown Commercial District
| |
|
C-2
|
Transitional Commercial District
| |
|
C-3
|
Highway Oriented Commercial District
| |
|
C-4
|
Locally Oriented Commercial District
| |
|
C-5
|
Route 31 Commercial District
| |
|
I
|
Industrial District
| |
|
OB-1
|
Office Building District
| |
|
OB-2
|
Office Building District
| |
|
OB-3
|
Office Building District
| |
|
OB-4
|
Office Building District
| |
|
PRD-P
|
Planned Residential Development Park
| |
|
PRD
|
Planned Residential Development
| |
|
PARD
|
Parks and Recreation District
| |
|
MF-1
|
Multifamily Housing District
|
B.
FP Floodplain District. Portions of certain of the
foregoing zone districts are further incorporated within a district
known as the "FP Floodplain District."
C.
Map and schedule. The map entitled "Zoning Map, Town
of Clinton, New Jersey," dated July 10, 1979,[1] and the Schedule of Requirements[2] which accompany this chapter are hereby declared to be
part hereof.
[Amended 8-14-1979 by Ord. No. 79-7]
[1]
Editor's Note: The Zoning Map is on file in
the Town Clerk's office.
[2]
Editor's Note: The Schedule of Zoning Requirements for the Town of Clinton is included at the end of this chapter.
D.
Delineation of FP Floodplain District.
(1)
The FP Floodplain District as shown on the Zoning Map referred to in Subsection C is further and more specifically defined as the total extent of Zones A and B constituting the areas of five-hundred-year flood as shown on United States Department of Housing and Urban Development, Federal Insurance Administration, Flood Hazard Boundary Map H-01, Flood Insurance Rate Map 1-01, Panel H & I-01, applicable to the Town of Clinton, New Jersey (Hunterdon County), Community Number 340233 A, effective February 2, 1977. A copy of said map is on file in the office of the Town Clerk and available for public inspection.
(2)
The floodway for passage of water of the one-hundred-year flood as shown on the Zoning Map referred to in Subsection C is further and more specifically defined as lands designated as floodway on a certain map entitled "Flood Boundary and Floodway Map 01-F, prepared by the United States Department of Housing and Urban Development, Federal Insurance Administration, for the Town of Clinton, New Jersey (Hunterdon County), Panel 01-F, Community Number 340233, effective February 2, 1977." A copy of this map is on file in the office of the Clinton Town Clerk and available for public inspection.
E.
Zone boundaries. The zone boundary lines shown on
the Zoning Map are intended to coincide with property lines, the center
lines of streets, easements, railroads or drainage courses as they
existed at the time of adoption of this chapter, or as they are designated
on the Zoning Map by figures or dimensions. In case of uncertainty
as to the location of any zone boundary line, the determination thereof
shall be by the Land Use Board.
[Amended 12-10-2013 by Ord. No. 13-20]
A.
The following are permitted principal uses:
(1)
One-family dwellings.
(2)
Two-family dwellings in the R-3 District only.
(4)
Public parks and playgrounds.
(5)
Public recreation buildings and facilities.
(6)
Municipal office and administration buildings.
(7)
Agricultural uses, such as farms, orchards, plant
nurseries and the raising of poultry and livestock, except hogs, on
properties of five acres or more in size.[1]
[1]
Editor's Note: Former Subsection A(8), pertaining
to accessory apartments added 12-18-1984 by Ord. No. 84-17, as amended,
which immediately followed this section, was repealed 7-25-2006 by
Ord. No. 06-12.
B.
D.
Required conditions. Except as otherwise provided in this article, the requirements and limitations contained in the Schedule of Requirements referred to in § 88-51C shall be complied with.[3]
[3]
Editor's Note: The Schedule of Zoning Requirements for the Town of Clinton is included at the end of this chapter.
E.
Requirements for multifamily dwellings. Wherever permitted
in this article, multifamily dwellings shall meet the following requirements:
(1)
Area, density and coverage.
(a)
Lot area. There shall be a minimum lot area
of five acres, inclusive of streets, roads or driveways whether privately
owned or dedicated to the Town.
(b)
Gross density. There shall be no more than 10
dwelling units per acre nor more than 14 habitable rooms, exclusive
of living rooms, dining rooms and kitchens, per acre.
(c)
Building coverage. The total ground floor area
of all buildings shall not exceed 20% of the lot area.
(2)
Frontage and depth. There shall be a minimum continuous
frontage of 200 feet along the public street from which the principal
access to the development shall run and a minimum average depth of
300 feet.
(3)
Setback requirements. No building shall be located
within 75 feet of a public street nor within 30 feet of any other
property line.
(4)
Building requirements.
(a)
Height. No building shall exceed a height of
21/2 stories or 30 feet, whichever is the lesser, and no exterior
wall shall have an exposed height of more than 30 feet.
(b)
Units per building. No building or group of
attached buildings shall contain more than 24 dwelling units.
(c)
Variation in design. Building plans and elevations
shall show a variation in exterior design to be achieved by types
of roof, heights of eaves and peaks, building materials and architectural
treatment of the building facade. All buildings shall be designed
with a colonial appearance.
(d)
Length of buildings. No building shall exceed
a length of 200 feet. This limitation shall apply to any attached
buildings where the enclosed angle between the exterior walls exceeds
150 feet.
(e)
Distance between buildings. There shall be a
minimum average distance between dwelling structures of 25 feet plus
1/2 feet for each foot of opposing building wall length up to a maximum
of 75 feet. This provision shall apply to walls of the same building
facing one another, such as in a courtyard formed by a U-shaped building.
Notwithstanding the foregoing, whenever a driveway is located between
buildings, the minimum distance between building walls shall be 50
feet.
(5)
Dwelling unit requirements.[4]
(a)
Floors and ceilings and partitions between dwelling
units shall be constructed so as to have a minimum airborne sound
transmission loss classification of 50 decibels. The Land Use Board
shall ascertain that reasonable measures are taken in floor and ceiling
construction to avoid disturbing levels of impact sound.
[Amended 12-10-2013 by Ord. No. 13-20]
(b)
Storage space of 500 cubic feet, exclusive of
normal closet space, shall be provided for each dwelling unit, either
within each dwelling unit or in a common area of the building.
(c)
Each dwelling unit shall have at least two exterior
exposures with at least one window in each exposure.
(d)
No room within a dwelling unit intended for
human habitation shall be located in a cellar, basement or attic,
except that a cellar or basement may contain a family room or recreation
room; provided, however, that one of the permitted dwelling units,
for a superintendent employed by the owner and responsible for maintenance
of the premises, may be located not more than three feet below grade.
(6)
Accessory buildings.
(a)
Setbacks. Accessory buildings shall meet the
street and property line setbacks of the principal building and shall
be at least 50 feet from a principal building. Swimming pools and
recreation facilities shall be at least 100 feet from a principal
building and 100 feet from a property line.
(b)
Height. The maximum height of an accessory building
shall be 16 feet. Clubhouses shall be governed by height limitations
for principal buildings.
(c)
Design. Architectural design and materials used
in the construction of accessory buildings shall conform to those
used in the construction of principal buildings.
(d)
Garages. Garages may be built into the dwelling
structure or separately constructed as hereinafter provided. Each
garage space shall be at least 10 feet in width and 20 feet in depth.
Each group of attached garages shall have a joint capacity of not
more than 12 automobiles arranged in a row, and there shall be a minimum
distance of 10 feet between structures.
(7)
Off-street parking. Off-street parking shall conform to the provisions of §§ 88-44B and 88-62 and, in addition, shall meet the following requirements:
(a)
Parking spaces or driveways serving individual
dwelling units shall not be entered directly from a public street.
(b)
All off-street parking areas and internal roadways
shall be paved, bounded by permanent curbing and constructed in accordance
with Town specifications.
(c)
Parking areas and internal roadways shall be
located at least 25 feet from principal buildings, unless a driveway
leading to a garage.
(d)
No parking area shall be located within the
required setback areas nor between a public street and a principal
building.
(e)
No parking area shall have a capacity exceeding
25 cars.
(f)
Internal roadways shall be at least 20 feet
in width for two-way traffic and 12 feet in width for one-way traffic
and shall not enter a street within 50 feet of an intersection. Parking
in internal roadways shall be prohibited.
(g)
The arrangement and location of garages, parking
areas and internal roadways shall be subject to approval of the Land
Use Board and shall be designed to ensure maximum safety, proper circulation
and maximum convenience for residents and their guests.
[Amended 12-10-2013 by Ord. No. 13-20]
(8)
Landscaping and open space.
(a)
Exclusive of setback areas, there shall be provided
a minimum of 20% of the entire tract for common open space, developed
with recreation facilities for the use and enjoyment of residents
of the development.
(b)
All disturbed areas shall be attractively landscaped with lawns, trees and shrubs. Provision shall be made for the preservation of existing trees and natural features. Shade trees shall be provided in accordance with Article VI of this chapter.
(c)
Hard-surfaced sidewalks at least four feet in
width shall be provided in such locations as will ensure convenient
pedestrian traffic as required by the Land Use Board.
[Amended 12-10-2013 by Ord. No. 13-20]
(d)
Screening and fencing shall be provided to shield
parking areas and other common facilities from view of adjoining property
and streets when required by the Land Use Board.
[Amended 12-10-2013 by Ord. No. 13-20]
(e)
Adequate artificial lighting shall be provided
in parking areas and along sidewalks, walkways and internal roadways.
The direct source of lighting shall not be visible from buildings,
adjoining streets and property lines.
(9)
Utilities.
(a)
The developer shall furnish, as a condition
precedent to action by the Land Use Board, acceptable water supply
and sanitary sewer facilities based upon written agreements and written
approval of appropriate Town and state authorities. An on-site sewage
treatment plant and collection system approved by the Town Council
shall be constructed and operated by the developer unless a municipal
system is available.
[Amended 12-10-2013 by Ord. No. 13-20]
(b)
All power, telephone and utility service on
the property shall be by underground conduit.
(c)
Fire hydrants of a type and in number and location
approved by the Water Commissioner, with the advice of the chief of
the Clinton Fire Company, shall be installed by the developer.
(10)
Miscellaneous.
(a)
Exterior television antennas shall be limited
to one master antenna per building.
(b)
Air-conditioning units shall not extend more
than six inches from the exterior wall.
(c)
Laundry facilities may be provided in each building.
Outside clothes drying is prohibited.
(d)
Buried garbage cans or an outside completely
enclosed structure for garbage cans approved by the Board of Health
must be provided for collection of garbage from all dwelling units.
No garbage or other refuse shall be stored or collected except in
an outdoor buried can or receptacle or such approved structure.
(e)
The developer shall be responsible for plowing,
sanding and maintaining all interior roads and parking areas.
F.
Cluster development.
[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]
(1)
Residential cluster development shall be permitted
on any tract located in an R-1 or R-2 District if the tract contains
five or more acres.
(2)
Such cluster development shall permit a reduction
in minimum lot area of up to two-thirds (2/3) that required in Schedule
I.
(3)
Minimum lot dimensions in a cluster development shall
be as follows:
|
Dimensions
|
R-1
|
R-2
| |
|---|---|---|---|
|
Lot width (street line)
|
75
|
60
| |
|
Lot width (building line)
|
100
|
90
| |
|
Lot depth
|
175
|
100
|
(4)
Minimum yards in a cluster development shall be as
follows:
|
Yard
|
R-1
|
R-2
| ||
|---|---|---|---|---|
|
Front
|
40
|
30
| ||
|
Rear
|
40
|
30
| ||
|
Side
| ||||
|
Minimum on 1 side
|
15*
|
12
| ||
|
Combined
|
35
|
30
| ||
|
*NOTE: Where a side yard is provided. The developer
may elect to undertake a zero-lot-line development where each dwelling
unit is constructed along one side lot line. In such cases, the single
side yard provided shall be equivalent to the requirement for both
sides, and no dwelling unit in the development shall be closer to
any other dwelling unit, either within the development or on an adjoining
property, than the side yard (both) requirement set forth above.
| ||||
(5)
Common open space may be deeded to the Town, if accepted
by the Mayor and Council. All common open space not accepted by the
Town and all common elements in the development shall be deeded to
an open space organization established to own and maintain the common
elements as provided in N.J.S.A. 40:55D-43. The open space organization
documents shall be submitted to the Town Attorney for review and approval.
G.
Requirements for R-1-A District. On tracts of land
designated on the Zoning Map as "R-1-A," the gross density of residential
development permitted shall not exceed 2.6 dwelling units per acre,
provided that all development shall take place on lands elevated above
the one-hundred-year floodplain, and the net density of development
on lands outside of the floodplain shall not exceed four dwelling
units per acre. Development may be in the form of single-family detached
dwellings, patio homes, zero-lot-line homes and side-by-side two-family
structures.
[Added 12-18-1984 by Ord. No. 84-17; amended 12-18-1985 by Ord. No. 85-25; 12-26-1995 by Ord. No. 95-17]
(1)
All dwelling units shall have a compatible architectural
theme with variations in design to provide attractiveness to the development,
and which shall include consideration of landscaping techniques; building
orientation to the site, to other structures and to maximize solar
gain; topography, natural features and individual dwelling unit design,
such as varying unit width, staggering unit setbacks, providing different
exterior materials, changing rooflines and roof designs, altering
building heights and changing types of windows, shutters, doors, porches,
colors and vertical or horizontal orientation of the facades, singularly
or in combination for each dwelling unit.
(2)
Single-family dwellings shall meet the following requirements:
|
Description
|
Specification
| |||
|---|---|---|---|---|
|
Minimum lot size
|
7,500 square feet
| |||
|
Minimum width
| ||||
|
Street
|
50 feet
| |||
|
Building line
|
70 feet
| |||
|
Minimum yards
| ||||
|
Front
|
30 feet
| |||
|
Rear
|
30 feet
| |||
|
Side
| ||||
|
One
|
10 feet
| |||
|
Both
|
22 feet
| |||
|
Maximum building coverage
|
30%
| |||
(3)
Duplex units on individual lots shall meet the following
requirements:
|
Description
|
Specification
| ||
|---|---|---|---|
|
Minimum lot size
|
15,000 square feet
| ||
|
Minimum width
| |||
|
Street
|
80 feet
| ||
|
Building line
|
120 feet
| ||
|
Minimum yards
| |||
|
Front
|
30 feet
| ||
|
Rear
|
30 feet
| ||
|
Side, each
|
15 feet
| ||
|
Maximum building coverage
|
25%
| ||
(4)
Condominium units as single-family or duplex shall
meet the following requirements:
|
Description
|
Distance
(feet)
| ||
|---|---|---|---|
|
Minimum yards
| |||
|
Front
|
30*
| ||
|
Rear
|
40**
| ||
|
Distance between buildings
|
25
| ||
|
NOTES:
* From the right-of-way or from the curbline
if no right-of-way is dedicated
** May be reduced to 25 feet where the unit
abuts common or public open space.
| |||
(5)
Each dwelling unit shall have at least two parking
spaces, one of which shall be within a garage.[5]
[5]
Editor's Note: Former Subsection H, Requirements
for accessory apartments, added 12-18-1984 by Ord. No. 84-17, as amended,
which followed this subsection, was repealed 7-25-2006 by Ord. No.
06-12.
[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25; 12-12-1995 by Ord. No.
95-16; 8-24-1999 by Ord. No. 99-8; 11-20-2001 by Ord. No. 01-10; 6-8-2010 by Ord. No. 10-08]
A.
Purpose. The purpose of the PRD-P and PRD Districts
is to encourage the development of certain large vacant tracts in
a manner which incorporates the best features of design and relates
the type, design and layout of residential, nonresidential and recreational
development to the particular site and, at the same time, to provide
the realistic opportunity for lower-income housing to be constructed
in accordance with the guidelines set forth in the Mount Laurel II
decision. Special standards and procedures applicable to these two
districts only are set forth herein to expedite the production of
the lower-income housing.
B.
Permitted uses. Permitted uses shall be as follows:
(1)
Principal uses.
(a)
Single-family dwellings in the single-family
residential development area of the PRD.
(b)
Multifamily dwellings and townhouses in the
multifamily residential development areas of the PRD-P and PRD.
(c)
Two-family dwellings, including both side-by-side-style
and duplex-style (one over another) dwellings, in the multifamily
residential development areas of the PRD-P and PRD.
(d)
Public or private parks and playgrounds.
(e)
Public or private recreation buildings and facilities.
(f)
Public utilities.
(2)
Accessory uses and structures.
C.
Tract area, development areas, density and bulk requirements.
(2)
Development areas.
(a)
The PRD shall be divided into a single-family
residential development area and a multifamily residential development
area. The single-family residential development area shall be that
area located along, and having a minimum length of 250 feet from,
any common boundary with a single-family residential zone in the Town
of Clinton.
(b)
The PRD-P shall be divided into a multifamily
residential development area and an open space area. The multifamily
area shall be the entire portion of the tract located south of Village
Road and north of Route 78 and shall include the right-of-way of Village
Road. The open space area shall be that portion of the tract lying
north of Village Road which shall only be developed for active and
passive recreation and which may include parking for park users and
stormwater management facilities for the multifamily areas. These
two lots shall be considered one tract for the purposes of lot area,
open space and density calculations.
(3)
Density.
(a)
Within the PRD, the gross density shall not
exceed 7.2 dwelling units per acre. The net density shall be up to
three dwelling units per acre for the single-family residential area
and up to 10 dwelling units per acre for the multifamily residential
area with such net densities computed as averages for the entire single-family
residential development area or multifamily residential development
area.
(b)
Within the PRD-P, the gross density shall not
exceed 3.53 dwelling units per acre where affordable rental units
are provided and shall not exceed 2.00 dwelling units per acre where
affordable sale units are provided. The net density in the entire
multifamily residential area shall not exceed 61 units where affordable
rental units are provided or 34 units where affordable sale units
are required.
(4)
Bulk requirements, multifamily residential development
areas.
(a)
Minimum distances.
[1]
There shall be the following minimum distances
between buildings in the multifamily residential development areas
of a PUD or PRD:
|
Type of Structures
|
Minimum Distance
(feet)
| ||
|---|---|---|---|
|
Windowless wall to windowless wall
|
20
| ||
|
Window wall to windowless wall
|
20
| ||
|
Window wall to window wall
| |||
|
Front to front
| |||
|
Building height of up to 30 feet
|
50
| ||
|
Building height of 30 feet or more
|
75
| ||
|
Rear to rear
|
50
| ||
|
End to end
|
30
| ||
|
Any building face to local street curbface or
edge of pavement
|
30
| ||
|
Any building face to collector street curbface
or edge of pavement
|
40
| ||
|
Any building face to arterial street curbface
or edge of pavement
|
50
| ||
|
Any building face except garage face to common
parking area
|
12
| ||
|
Garage face to common parking area
|
5
| ||
[2]
The Land Use Board shall reduce the above distances
by not more than 1/3 if there is an angle of 20° or more between
buildings and if extensive landscaping or buffers are placed between
buildings.
[Amended 12-10-2013 by Ord. No. 13-20]
(b)
Coverage. The maximum coverage by buildings
in the multifamily residential development areas shall not exceed
30%. The maximum coverage by all impervious surfaces, including buildings,
shall not exceed 60%.
(c)
Buffer areas. No building, driveway or parking
area shall be located within 30 feet of any tract boundary line, except
that in the PRD-P District, buildings may be located within 20 feet
and parking areas may be located within 15 feet of the tract boundary
line adjacent to Route 78 or the driveway in Union Gap Village, provided
that adequate buffer and noise control can be provided in the reduced
space.
(d)
Building height. No building shall exceed three
stories in height, nor shall any building exceed 40 feet in height.
(e)
Minimum floor area for individual multifamily
units:
|
Number of Bedrooms
|
Area
(square feet)
| |
|---|---|---|
|
1
|
550
| |
|
2
|
660
| |
|
3
|
850
|
(5)
Bulk requirements, single-family residential
development area.
(a)
Lot area. No individual lot shall contain less
than 7,500 square feet nor have a lot width of less than 75 feet.
(b)
Building setbacks.
[1]
Building setbacks shall be as follows:
|
Yards
|
Setback
| ||
|---|---|---|---|
|
Front yard
|
30
| ||
|
Rear yard
|
40
| ||
|
Side yards
| |||
|
Minimum on 1 side
|
10
| ||
|
Combined
|
25
| ||
[2]
Where individual lots are not being subdivided,
yards shall be created for each building such that a subdivision could
occur and all lots and buildings would conform to the area and setback
requirements set forth herein.
D.
Parking requirements.
(1)
Parking shall be provided for all residential
uses per the Residential Site Improvement Standards (RSIS).
(2)
Parking
spaces in common parking areas in the multifamily residential development
area shall be located within 300 feet of the dwelling unit served.
(3)
All
required parking for multifamily dwelling units shall be provided
off-street, except that nothing herein shall be construed to prohibit
required parking spaces from being placed perpendicular to a one-
or two-way local street or at an angle on a one-way local street,
provided that both the pavement width of the street and the length
of each parking space meet the requirements set forth in this chapter.
(4)
No
arterial or collector street shall provide direct access to an individual
required parking space.
E.
Affordable housing requirements.
(1)
All
developments in the PRD and PRD-P Zones shall be required to provide
affordable housing.
(2)
The
total number of affordable units in the PRD Zone shall be 44 to be
constructed onsite.
(3)
Development
in the PRD-P shall provide a minimum of a twenty-percent affordable
housing set-aside.
(4)
All
affordable units must comply with Council on Affordable Housing regulations
(N.J.A.C. 5:97, or as may be amended) and Uniform Housing Affordability
Control rules (N.J.A.C. 5:80-26.1 et seq., or as may be amended),
including, but not limited to, phasing, bedroom distribution and income
distribution.
(5)
Site
design. Within the PRD district, to the extent possible, the design
of the development should integrate low- and moderate-income units
with the market units. Within the PRD-P district, the design of the
development shall integrate low- and moderate-income units with the
market units. The affordable units shall be designated on the preliminary
site plan, shall have compatible exteriors to the market units and
shall be located so that they have comparable access to that of the
market units to all common elements within the development.
F.
Common open space and common elements.
(1)
A minimum of 20% of the land in the multifamily
residential area in a PRD shall be designated as conservation area,
open space, recreation and/or other common open space. A minimum of
60% of the land in a PRD-P shall be open space, including all of the
land north of Village Road. The common open space area shall exclude
private patios and any area located between a building and street
or common parking area.
[Amended 11-20-2001 by Ord. No. 01-10]
(2)
All property owners and tenants in the development
shall have the right to use the common open space and any recreational
facilities located on the site.
(3)
Common open space may be deeded to the Town,
if accepted by the Mayor and Council.
(4)
All common open space not accepted by the Town
and all common elements in the development shall be deeded to an open
space organization established to own and maintain the common elements
as provided in N.J.S.A. 40:55D-43. The open space organization documents
shall be submitted to the Town Attorney for review and approval.
G.
Engineering and construction design standards, single-
and multifamily residential development areas only. Where applicable,
design standards shall comply with the RSIS. The following standards
shall apply where the RSIS do not.
(1)
Drainage.
(a)
The drainage system shall be a combination of
structural and nonstructural measures of controlling surface runoff.
(b)
The system shall be adequate to carry off the
stormwater and natural drainage water which originates not only within
the lot or tract boundaries but also that which originates beyond
the lot or tract boundaries in the current state of development. No
stormwater runoff or natural drainage water shall be so diverted as
to overload existing drainage systems or create flooding or the need
for additional drainage structures on other private properties or
public lands without proper and approved provisions being made for
taking care of these conditions.
(c)
Lots and buildings shall be graded to secure
proper drainage away from buildings. Additionally, drainage shall
be provided in a manner which will prevent the collection of stormwater
in pools or other unauthorized concentrations of flow.
(d)
Approval of drainage structures shall be obtained
from the appropriate Town, county, state and federal agencies and
offices. Where required by the Town, and as indicated on an approved
development plan, a drainage right-of-way easement shall be provided
to the Town where a tract or lot is traversed by a system, channel
or stream. The drainage right-of-way easement shall follow the lines
of such watercourse and be of sufficient width and alignment to encompass
the area of the watercourse and adjoining floodplain area.
(2)
Lighting.
(a)
Streetlighting shall be provided at all street
intersections and along all collector and local streets, parking areas
and anywhere else deemed necessary for safety reasons.
(b)
Any outdoor lighting such as building and sidewalk
illumination, driveways with no adjacent parking, the lighting of
signs, and ornamental lighting, shall be shown on the lighting plan
in sufficient detail to allow a determination of the effects upon
adjacent properties, roads and traffic safety from glare, reflection
and overhead sky glow in order to recommend steps needed to minimize
these impacts.
(c)
The average intensity of lighting permitted
on roadways shall be as follows: 0.2 footcandle along local streets,
2.0 footcandles at local street intersections, 0.4 footcandle along
collector streets and 3.0 footcandles at any intersection involving
a collector street.
(d)
Parking lot lighting levels shall not exceed 1.0 footcandles.
(e)
Lighting levels at the tract boundary shall not exceed 0.1 footcandles.
(f)
Light fixtures shall include full-cutoff luminaries and metal halide
lights.
(3)
Sanitary sewers. The developer shall design
and construct sewage collection facilities in accordance with applicable
requirements and in such a manner as to make adequate sewage treatment
available to each lot and building within the development from said
treatment and collection system. The developer shall provide the Land
Use Board with a copy of the agreement with the sewer department.
[Amended 12-10-2013 by Ord. No. 13-20]
(5)
Sight triangles. Sight triangle easements shall
be dedicated to the Town. No grading, planting or structure shall
be erected or maintained more than 24 inches or less than 120 inches
above the center-line grade of the intersecting street so that an
unobstructed view of the street is maintained. Traffic control devices
and other man-made or natural objects may remain within the sight
triangle if it can be demonstrated that they do not obstruct the view
of oncoming traffic.
(6)
Sidewalks. Sidewalks shall be installed along
one or more sides of all public streets and interior drives. Sidewalks
need not follow all streets and in some instances may better follow
open space corridors. The determination of whether sidewalks are needed
and where they are best located shall be based on public safety considering
the intensity of development, the probable volume of pedestrian traffic,
the adjoining street classification (where sidewalks parallel streets),
access to school bus stops, recreation areas and the general type
of improvement intended.
(7)
Water supply.
(a)
Water mains shall be constructed in such a manner
as to make adequate water service available to each lot and building
within the development. The system shall be designed and constructed
in accordance with applicable requirements. Prior to the grant of
the preliminary approval, the applicant shall provide the Board with
a copy of a letter from the water company indicating that the project
will be serviced with public water.
(b)
Fire hydrant type, number and locations shall
be approved by the Public Works/Business Administrator with the advice
of the chief of the Clinton Fire Company and shall be installed by
the developer.
H.
Multifamily residential development area requirements.
(1)
No building or group of attached buildings shall
contain more than 24 dwelling units.
(2)
No building shall exceed a length of 220 feet.
(3)
Each dwelling unit shall have at least two exterior
exposures with at least one window in each exposure; alternatively,
each dwelling unit shall be designed in conformance with the Uniform
Construction Code such that either 8% of the floor area of all habitable
rooms shall be in windows or the maximum depth of the unit shall not
exceed 22 feet.
(4)
No room within a dwelling unit intended for
human habitation shall be located in a cellar, basement or attic,
except that a cellar or basement may contain a family room or recreation
room.
(5)
Accessory buildings shall meet the property
line setbacks of the principal buildings.
(6)
The maximum height of an accessory building
shall be 16 feet. Recreational buildings and facilities shall be governed
by the height limitations for principal buildings.
(7)
Garages may be built into the principal structure
or separately constructed as hereinafter provided. Each garage space
shall be at least 10 feet in width and 20 feet in depth. Each group
of attached garages shall have a joint capacity of not more than 12
automobiles arranged in a row, and there shall be a minimum distance
of 10 feet between structures.
(8)
Laundry facilities may be provided in each building.
(9)
One or more completely enclosed but unroofed
structure for the collection and storage of solid waste and recycling
shall be provided. The system of collecting and storing solid waste
shall be approved by the Board of Health. No garbage or other refuse
shall be stored or collected except in such approved structures.
(10)
In addition to any storage area contained within
the dwelling unit, a minimum of 150 cubic feet of storage space shall
be provided for each dwelling unit, which storage area shall be convenient
to and accessible from the outside of the building for purposes of
storing bicycles, perambulators and similar outside equipment.
(11)
Screening and fencing shall be provided as needed
to shield parking areas and other common facilities from the view
of adjoining properties and streets.
(12)
Provisions shall be made for the preservation
of existing trees and natural features to the extent possible.
(13)
All disturbed areas shall be landscaped. Landscaping shall be provided
as follows:
(a)
Shade trees shall be planted along all public
and private streets, drives and in common parking areas. Such trees
shall be 2 1/2 to three inches in caliper at time of planting
and shall be planted 30 feet on center along both sides of all streets
and common parking areas. The Land Use Board shall approve the choice
of plantings and, in so doing, may rely upon the recommendations of
the Shade Tree Commission.
[Amended 12-10-2013 by Ord. No. 13-20]
(b)
Trees shall be planted between the sidewalk and the cartway of all
public streets. Such trees shall comply with the planting standards
above.
(c)
Common areas and yards shall be planted with
one conifer, six to eight feet high at time of planting, for each
dwelling unit; one deciduous tree, 2 1/2 to three inches in caliper,
for each two dwelling units; and 10 shrubs, 24 to 30 inches high at
time of planting, for each dwelling unit.
(d)
Buffer areas shall be left in a natural state
wherever they are outside the limits of disturbance; otherwise, buffer
areas shall be planted with conifers, seven to eight feet high at
time of planting, 10 feet on center.
(e)
All disturbed areas shall be planted in grass
or ground cover.
(f)
All plantings shall be of nursery stock, balled
and burlapped, and shall be healthy and free of disease.
A.
Zone description. The C-1 District encompasses the
Town's traditional downtown business district. Buildings are located
directly abutting the sidewalk and generally present a continuous
street facade, with occasional breaks to provide access to parking
and services in the rear. Parking is generally provided either on
the street or in common parking lots, and the buildings and signage
are oriented to pedestrian traffic.
[Added 8-10-2004 by Ord. No. 04-07]
B.
Permitted principal uses. The following uses, conducted
within the confines of a building, are permitted:
[Amended 8-10-2004 by Ord. No. 04-07[1]]
(1)
Stores and shops for retail business, provided that
any process of manufacture, assembly, treatment or conversion involves
a product or service intended to be sold or provided to the ultimate
consumer and further provided that not more than five employees are
involved in any such process. The foregoing shall not be deemed to
include laundries, dry-cleaning establishments and winery, brewery
and distillery uses.
[Amended 4-13-2022 by Ord. No. 22-02]
(2)
Offices for business, executive, professional and
administrative purposes.
(3)
Restaurants, cafes and taverns in which patrons are
seated at tables or counters and are served food and drink by waiters
or waitresses for consumption on the premises.
(4)
Studios for art, dancing, music, language, photography,
and similar activities.
(5)
Museums.
(6)
Municipal buildings and municipal uses, but not including
municipal garages and storage and maintenance yards.
(7)
Apartments, provided that no such apartment shall
be located on the first floor.
(8)
Beauty salon, barbershop, day spa.
(9)
Federal reserve banks, commercial banks, savings institutions,
credit unions, lending and financing offices, securities brokerage
services, portfolio management companies, insurance carrying companies,
insurance advisory companies, insurance fund managers, estate management
services and similar activities, except drive-up windows for vehicles
are not permitted in any such uses.
[Added 8-8-2006 by Ord. No. 06-13]
(10)
Nonprofit
clubs, lodges and fraternal, civic and charitable organizations.
[Added 9-8-2021 by Ord. No. 21-21]
(11)
Brewpubs,
winery sales rooms, and other winery, craft brewery, cider and meadery,
and craft distillery uses conducted under license from the New Jersey
Division of Alcoholic Beverage Control and including such facilities
for wine, spirit or beer making, tasting rooms and retail sales. To
the extent allowed under licensing by the New Jersey Division of Alcoholic
Beverage Control, preparation and service of food to patrons seated
at tables or counters by waiters or waitresses for consumption on
the premises shall be permitted.
[Added 4-13-2022 by Ord. No. 22-02]
[1]
Editor's Note: This ordinance also renumbered
former Subsection A as Subsection B.
D.
Required conditions. Except as otherwise provided in this article, the requirements and limitations contained in the Schedule of Requirements referred to in § 88-51C shall be complied with.[4]
[4]
Editor's Note: The Schedule of Zoning Requirements for the Town of Clinton is included at the end of this chapter.
F.
Design standards.
[Added 8-10-2004 by Ord. No. 04-07]
(1)
Buildings are to be located directly abutting the
sidewalk. Side walls shall either be joined by common walls or end
walls enclosing the narrow space between independent walls or they
shall be a minimum of 10 feet apart, to allow access to the rear and
sides of the buildings.
(2)
Accessways between buildings shall be open to the
public and shall be designed and maintained to promote circulation
to and from Main Street.
(3)
For buildings fronting on Route 173, where parking
is provided in front of buildings and buildings form a fairly continuous
line across property boundaries, continuous pedestrian access across
the building fronts should be provided.
(4)
Temporary outdoor display of goods shall not impede
free movement of pedestrians or the exit of motorists from parked
cars. There shall be a minimum of four feet of clear sidewalk width
and a minimum of seven feet of headroom maintained at all times.
(5)
Dumpsters shall be located to the rear of the building,
to the maximum extent possible; if not possible, they may be located
on the side of the building. In either case, any dumpster shall be
screened from public view.
(6)
Rear yards may be used for parking, location of dumpster,
outdoor space for accessory apartments. Yards that open onto public
view shall be kept clean and shall be landscaped to the extent possible
to create screening.
(7)
Air conditioner units, vents, exhaust fans, and such
shall be located to minimize their impact to upper floor residential
units.
A.
Zone designation. The C-2 District is a transitional
area that encompasses an extension of the downtown commercial area
along the old Route 22 highway. Lot sizes are larger than downtown
and buildings are freestanding with small but varying front and side
yard setbacks. Parking is provided on site for individual uses. The
buildings are residential in scale, and signage is oriented to low-speed
vehicular traffic.
[Added 8-10-2004 by Ord. No. 04-07]
B.
Permitted principal uses. The following uses, conducted
within the confines of a building, are permitted:
[Amended 8-10-2004 by Ord. No. 04-07[1]]
(1)
Stores and shops for retail business, provided that
any process of manufacture, assembly, treatment or conversion involves
a product or service intended to be sold or provided to the ultimate
consumer and further provided that not more than five employees are
involved in any such process. The foregoing shall not be deemed to
include laundries or dry-cleaning establishments.
(2)
Offices for business, executive, professional and
administrative purposes.
(3)
Restaurants, cafes and taverns in which patrons are
seated at tables or counters and are served food and drink by waiters
or waitresses for consumption on the premises.
(4)
Funeral homes.
(5)
Studios for art, dancing, music, language, photography,
and similar activities.
(6)
Municipal buildings and municipal uses.
[1]
Editor's Note: This ordinance also renumbered
former Subsection A as Subsection B.
C.
D.
Except as otherwise provided in this article, the requirements and limitations contained in the Schedule of Requirements referred to in § 88-51C shall be complied with.[4]
[Amended 8-10-2004 by Ord. No. 04-07]
[4]
Editor's Note: The Schedule of Zoning Requirements for the Town of Clinton is included at the end of this chapter.
E.
Participation in the provision of lower-income housing.
The developer of any land in the district may participate in the provisions
of lower-income housing. The developer shall be entitled to a density
bonus equivalent to 15% of the floor area to which he is otherwise
entitled under Schedule I, provided that all parking requirements
can be met on the site and the Board approves any variances from setback
and buffer requirements needed to accommodate the density bonus, in
return for which the developer shall, no later than the time of issuance
of a building permit, convey to the Town an amount equal to $3.75
per square foot of gross floor area for all bonus construction. The
funds paid to the Town shall be placed into a Housing Rehabilitation,
Conversion and Assistance Fund to be administered by the Housing Officer
and Affordable Housing Board appointed by the Mayor and Council following
administrative guidelines established by ordinance.
[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]
F.
Design standards.
[Added 8-10-2004 by Ord. No. 04-07]
(1)
Buildings fronting directly on West Main Street shall
locate their associated parking to the side or preferably to the rear
of the building, to maintain the transitional streetscape from downtown
commercial to Town residential.
(2)
On-site parking lots abutting any residential zone
shall be located a minimum of 25 feet from the zone line.
(3)
The required setback from any residential zone shall
be landscaped to screen residential uses from building and vehicle
lights and on-site activities by mixed evergreen landscaping designed
to provide 80% opacity by the third growing season. Primary screening
material shall have a minimum height of five feet at installation
and a minimum height of eight feet at maturity.
(4)
Joint use of driveways is strongly encouraged to reduce
the number of conflict points along the street.
(5)
Sidewalks with a minimum width of four feet shall
be provided along West Main Street. For properties and uses not abutting
West Main Street, sidewalks shall be provided from the street to the
use for pedestrian access.
(6)
Dumpsters shall be located to the rear of the building,
to the maximum extent possible; if not possible, they may be located
on the side of the building. In either case, any dumpster shall be
screened from public view.
A.
Zone description. The C-3 District encompasses the
area of the Exit 15 intersection and a small portion of West Main
Street. Businesses are largely oriented toward highway services and
pass-by traffic. Freestanding buildings provide parking on site. The
buildings are residential in scale, and signage is oriented to higher
levels of moderate-speed traffic, much of which may be unfamiliar
with the area.
[Added 8-10-2004 by Ord. No. 04-07]
B.
Permitted principal uses. The following uses, conducted
within the confines of a building, are permitted:
[Amended 8-10-2004 by Ord. No. 04-07[1]]
(1)
Offices for business, executive, professional and
administrative purposes.
(2)
Studios for art, dancing, music, language, photography,
and similar activities.
(3)
Motor vehicle service stations, which may include
a coffee shop (as defined by NAIC Code 722515) as an accessory use,
but not a convenience store.
[Amended 3-11-2020 by Ord. No. 20-05]
(4)
Banks and financial institutions.
(5)
Beauty salon, barbershop, day spa.
[1]
Editor's Note: This ordinance also renumbered
former Subsection A as Subsection B.
D.
Required conditions. Except as otherwise provided in this article, the requirements and limitations contained in the Schedule of Requirements referred to in § 88-51C shall be complied with.[5]
[Amended 8-10-2004 by Ord. No. 04-07]
[5]
Editor's Note: The Schedule of Zoning Requirements for the Town of Clinton is included at the end of this chapter.
E.
[6]Design standards.
[Added 8-10-2004 by Ord. No. 04-07]
(1)
On-site parking lots abutting any residential zone
shall be located a minimum of 15 feet from the zone line.
(2)
The required setback from any residential zone shall
be landscaped to screen residential uses from building and vehicle
lights and on-site activities by mixed evergreen landscaping designed
to provide 80% opacity by the third growing season. Primary screening
material shall have a minimum height of five feet at installation
and a minimum height of 12 feet at maturity.
[Amended 3-11-2020 by Ord. No. 20-05]
(3)
Joint use of driveways is strongly encouraged to reduce
the number of conflict points along the street.
(4)
Sidewalks with a minimum width of four feet shall
be provided along street frontages.
(5)
Dumpsters shall be located to the rear of the building,
to the maximum extent possible; if not possible they may be located
on the side of the building. In either case, any dumpster shall be
screened from public view.
[6]
Editor's Note: Former Subsection E, Participation in the provision
of lower-income housing, was repealed 3-11-2020 by Ord. No. 20-05.
This ordinance also redesignated former Subsection F as Subsection
E.
[Added 8-10-2004 by Ord. No. 04-07]
A.
Zone description. The C-4 District encompasses the
Town's major daily shopping/services district, located along the eastern
portion of Route 173. It contains the largest lots for commercial
use, with freestanding buildings generally located to the rear of
the site behind on-site parking areas, and some limited areas of typical
highway strip commercial design. Building design is generally commercial,
and uses and site design are highly auto-oriented, generating numerous
turning movements at moderate traffic speeds. Signage is oriented
to quick identification.
B.
Permitted principal uses. The following uses, conducted
within the confines of a building, are permitted:
(1)
Stores and shops for retail business, provided
that any process of manufacture, assembly, treatment or conversion
involves a product or service intended to be sold or provided to the
ultimate consumer and further provided that not more than five employees
are involved in any such process. The foregoing shall not be deemed
to include laundries or dry-cleaning establishments.
(2)
Banks and financial institutions.
(3)
Offices for business, executive, professional
and administrative purposes.
(4)
Restaurants, cafes and taverns in which patrons
are seated at tables or counters and are served food and drink by
waiters or waitresses for consumption on the premises.
(5)
Funeral homes.
(6)
Studios for art, dancing, music, language, photography,
and similar activities.
(7)
Indoor theaters.
(8)
Rescue squad buildings and firehouses.
(9)
Laundries and dry-cleaning establishments using
nonflammable solvents and employing less than five persons.
(10)
Automobile repair and service garages.
(11)
Food markets.
(12)
Beauty salon, barbershop, day spa.
(13)
Health and fitness center.
D.
Required conditions. Except as otherwise provided in this article, the requirements and limitations contained in the Schedule of Requirements referred to in § 88-51C shall be complied with.
E.
Design standards.
(1)
On-site parking lots abutting any residential
zone shall be located a minimum of 25 feet from the zone line.
(2)
The required setback from any residential zone
shall be landscaped to screen residential uses from building and vehicle
lights and on-site activities by mixed evergreen landscaping designed
to provide 80% capacity by the third growing season. Primary screening
material shall have a minimum height of five feet at installation
and a minimum height of eight feet at maturity.
(3)
Joint use of driveways is strongly encouraged
to reduce the number of conflict points along the street.
(4)
Sidewalks with a minimum width of four feet
shall be provided along West Main Street. A walkway shall be provided
from the street to the building for pedestrian access. Where parking
is provided in front of buildings and buildings form a fairly continuous
line across property boundaries, continuous pedestrian access across
the building fronts should be provided.
(5)
For properties located on the south side of
Highway 173, dumpsters and loading areas shall be located to the rear
of the building, to the maximum extent possible, and shall be screened
from public view. For properties located on the north side of Highway
173, loading areas, dumpsters, compactors and other noise-generating
uses shall be located to the rear or side of a building within a roofed
enclosure that completely shields the use/operation from the residential
zone to the north.
(6)
HVAC equipment and other noise-generating equipment
shall be provided with noise reduction systems that comply with state
noise standards. Where such equipment is located on the building roof,
it shall be screened from view from any residential zone.
[Added 8-13-2019 by Ord.
No. 19-12]
A.
Purpose. The Town hereby establishes the C-5 Route 31 Commercial
Zone to comply with the requirements and terms of a settlement agreement
entered into on or about October 30, 2018, between the Town and Clinton
Moebus 34, LLC. This section creates design and bulk standards to
ensure the commercial uses in this zone are developed in a manner
that is sensitive to the character of the surrounding area.
B.
Permitted uses. The following are principal permitted uses:
(1)
Stores and shops for retail business, provided that any process
of manufacture, assembly, treatment or conversion involves a product
or service intended to be sold or provided to the ultimate consumer
and further provided that not more than five employees are involved
in any such process. The foregoing shall not be deemed to include
laundries, dry-cleaning establishments or retail stores and shops
involved in the preparation and sale of food items.
(2)
Convenience stores with or without the sale of gasoline.
(3)
Food markets or grocery stores.
(4)
Fast food restaurants with drive-through window.
(5)
Banks and financial institutions including drive-through windows
or automated teller machines.
(6)
Indoor theaters.
(7)
Health and fitness center.
(8)
Beauty salon, barbershop or day spa.
(9)
Offices for business, executive, professional and administrative
purposes.
(10)
Restaurants, cafes and taverns in which patrons are seated at
tables or counters and are served food and drink by waiters or waitresses
for consumption on the premises.
(11)
Studios for art, dancing, music, language, photography, and
similar activities.
(12)
Municipal buildings and municipal uses.
C.
D.
Impervious coverage. Impervious coverage shall not exceed 55%. Provided
that there is 45% open space, a pad site may be 100% impervious.
E.
Floor to area ratio. The floor to area ratio shall not exceed 30%.
F.
Setbacks.
(1)
One-hundred-foot side-yard setback from the property boundary
for principal buildings; however, parking shall be permitted within
50 feet of the property boundary.
(2)
Fifty-foot front-yard setback from the property boundary for
principal buildings; however, parking shall be permitted within five
feet of the property boundary along State Route 31 frontage, but shall
in no case be any closer than 30 feet to the edge of pavement of State
Route 31.
(3)
Fifty-foot rear-yard setback, however, parking shall be permitted
within 25 feet of the property boundary.
(4)
Fifteen-foot minimum setback to residential uses that are part
of the property from a building. Parking may be located within 10
feet of the internal commercial to residential boundary of the property.
G.
Landscaped buffer. A landscaped buffer and berm between the commercial
and residential uses shall be installed to provide year-round screening
of buildings, parking, service areas, and roadways from residential
neighborhoods. This buffer shall be designed to provide screening
with a minimum of 85% opacity within three growing seasons for the
first 10 feet of elevation of any building or improvement and seasonal
(deciduous) screening with 25% opacity within the first five growing
seasons for the second 10 feet of elevation of any building or improvement.
If the building is below the final grade, such distance between the
grade of the building and the final grade shall be deducted from the
height to be screened.
H.
Signs. Compliance with § 88-64 with regard to all sign requirements for the C-3 Zone, except the area of ground signs, is limited to a maximum of 80 square feet, and no such sign shall exceed 15 feet from ground level in height or 8 feet in width.
I.
Lighting and noise. Except as otherwise specifically stated herein, lighting and noise standards shall comply with state standards. HVAC equipment and other noise-generating equipment shall be provided with noise reduction systems that comply with state noise standards. Lighting shall comply with the standards set forth in § 88-44B herein.
A.
The following are permitted principal uses:
(1)
Processes of manufacturing, fabrication, assembly,
packaging, treatment or conversion of products.
(2)
Scientific or research laboratories devoted to research,
testing, design and/or experimentation and processing and fabricating
incidental thereto.
(3)
Office buildings for business, professional, executive
and administrative purposes.
(4)
Data processing facilities.
(6)
Municipal buildings and municipal uses, including
municipal garages and storage and maintenance yards.
(7)
Agricultural uses.
[Amended 3-26-1985 by Ord. No. 85-4]
B.
The following are permitted accessory uses:
(6)
Warehousing,
directly related and customarily accessory to the principal use for
the storage of any type of goods, materials, products, supplies, or
equipment used in connection with the principal permitted use or any
products produced in connection with the principal permitted use.
[Added 7-28-2021 by Ord. No. 21-17]
C.
Conditional uses. The following conditional uses, as regulated in § 88-63, are permitted:
(1)
Buildings and facilities for tennis, squash, handball
and similar sports activities.
(2)
Churches and similar places of worship of recognized
religious groups, which may include attendant parish houses, convents
and religious education buildings.
(3)
Public and private schools teaching academic subjects.
(4)
Public utility buildings, power generating stations
and similar utility installations.
D.
Required conditions. Except as otherwise provided in this chapter, the requirements and limitations contained in the Schedule of Requirements referred to in § 88-51C shall be complied with.[3]
[3]
Editor's Note: The Schedule of Zoning Requirements is included at the end of this chapter.
E.
Performance standards. Any building, structure or
tract of land developed, constructed or used for any permitted principal
or accessory industrial use shall comply with all the performance
standards set forth in this section. These performance standards shall
apply unless exceeded by any state or federal standards or amendments
thereto. If there is any reasonable doubt that the intended use will
not conform to any subsection of the performance standards, the Land
Use Board shall request a deposit for each subsection in doubt which
will be used to defray the cost of a special report by an expert consultant
qualified to advise on conformance to the required standard. The amount
of the deposit shall be based on a quotation from said expert consultant.
Said report shall be made within 30 days of the request and copies
supplied to the applicant. If any existing use or building is extended,
enlarged or reconstructed, the performance standards shall apply to
such extended, enlarged or reconstructed portion or portions of such
use or building or structure.
[Amended 8-14-1979 by Ord. No. 79-8; 12-18-1984 by Ord. No. 84-17; 12-10-1985 by Ord. No. 85-25; 12-10-2013 by Ord.
No. 13-20]
(1)
Noise. Measured at the lot line, the sound pressure
level of noise emitted by all sources on a single lot shall not exceed
the levels tabulated below and corrected for the character of the
noise. Measurement shall be made with a sound-level meter corresponding
to ANSI standard S1.4 and an octave band filter conforming to ANSI
standard Z24.10.
|
Octave Band Center Frequency
(cycles per Second)
|
Maximum Sound Pressure Level
(decibels relative to 0.002 microbars)
| |
|---|---|---|
|
31.5
|
84
| |
|
63
|
70
| |
|
125
|
57
| |
|
250
|
50
| |
|
500
|
45
| |
|
1,000
|
41
| |
|
2,000
|
38
| |
|
4,000
|
35
| |
|
8,000
|
32
| |
|
Character of Noise
|
Correction (decibels)
| |
|
Nighttime noise (10:00 p.m. to 7:00 a.m.)
|
- 5
| |
|
Impulsive noise
|
- 5
| |
|
Noise of periodic character
|
- 5
|
(2)
Smoke. There shall be no emission of smoke or other
visible atmospheric pollutant to give a plume equivalent opacity in
excess of 15%. Opacity readings may be made visually by a trained
observer or by a stack-mounted opacity meter. Steam plumes are exempt
from this limit, but steam may not be used to mask other emissions.
(3)
Odor. Emission of odorous matter shall be below odor
threshold concentrations at the lot line and at the point of maximum
ground level concentration if this point is beyond the lot line. Recognized
compilations of odor threshold concentrations may be used as standards
of the granting of use permits, but for an established use the actual
detectability of odor shall be the standard. Odor threshold compilations
include Air Pollution Control Association Paper 68-131 (1968); Table
III, Chapter 5, of Air Pollution Abatement Manual, Manufacturing Chemists
Association, Washington, 1951; and U.S. Bureau of Mines Technical
Paper 480 (1930).
(4)
Particulate emissions to the atmosphere.
(a)
Dust, dirt, fly ash and other particulars shall
be controlled so that no such emission will cause damage to human
health, animals, vegetation or other property or cause any excessive
soiling beyond the lot line of the source use. There shall be no emission
of any solid or liquid particulate matter in excess of .015 grains
dry standard cubic foot of stack gas, corrected to 12% CO2. Particulate emission determinations shall be made
according to Environmental Protection Agency Method 5.
(b)
Fugitive dust shall be held to a minimum by
use of good housekeeping practices and other appropriate control techniques.
(5)
Noxious gases. Under no circumstances shall any use
emit noxious, toxic or corrosive fumes or gases. Reference shall be
made to Table I, Industrial Hygiene Standards, Maximum Allowable Concentrations,
Chapter 5; of the Air Pollution Abatement Manual for determination
of toxic pollutants to be prohibited.
(6)
Glare and heat. No industrial uses shall carry on an operation which will produce heat or direct or sky-reflected glare beyond the property line of the lot on which the use is located. Industrial and exterior lighting shall be used in such a manner that it produces no glare on public highways and neighboring property and, further, shall meet the requirements of § 88-44B(1)(g).
(7)
Fire and explosion hazards. All activities shall be
carried on only in structures which conform to the standards of the
Fire Prevention Code published by the American Insurance Association,
1965, or the Town Building Code or other applicable local ordinance,
whichever is more restrictive. All operations shall be carried on
and combustible raw materials, fuels, liquid and finished products
shall be stored in accordance with the standards of said American
Insurance Association. The storage of more than 500 gallons of volatile
or flammable liquid above ground is prohibited.
(8)
Liquid and solid wastes. There shall be no discharge
at any point of treated or untreated sewage or industrial waste into
any stream, lake, reservoir or into the ground of any material which
may contaminate the water supply or endanger human health and welfare.
No industrial waste shall be discharged into any system, nor shall
any wastes be discharged in the public sewer system which are dangerous
to the public health and safety.
(a)
Maximum five-day biochemical oxygen demand (BOD):
5.0 parts per million.
(b)
Maximum quantity of effluent: 10% of minimum
daily stream flow.
(c)
Maximum five-day biochemical oxygen demand after
dilution [biochemical oxygen demand (BOD) of effluent multiplied by
quantity of effluent divided by quantity of stream flow]: 0.25 part
per million.
(d)
Acidity or alkalinity shall be neutralized to
a pH of 7.0 a daily average on a volumetric basis, with a temporary
variation of 6.0 to 8.5.
(e)
Wastes shall not contain any insoluble substances
in excess of 5,000 parts per million, and no insoluble substances
shall be noticeable in the water or deposited along the above or on
the aquatic substrata in quantities detrimental to the natural biota.
(f)
Wastes shall contain no cyanides and no halogens.
(g)
Threshold odor number shall not exceed 24°
C. to 60° C.
(h)
Wastes shall not exceed the following maximums:
|
Wastes
|
Maximum
(parts per million)
| |
|---|---|---|
|
Hydrogen sulphide
|
10
| |
|
Sulphur dioxide
|
10
| |
|
Nitrous oxide
|
10
| |
|
Chlorine demand
|
15
| |
|
Phenols
|
.005
|
(i)
No effluent shall contain any acids, ores, dust,
toxic metals or corrosive or other toxic substance in solution or
suspension which may cause odors, discolor, poison or otherwise pollute
streams and waterways in any way. There shall be no thermal discharges
which detrimentally affect the natural aquatic biota or reasonably
anticipated reuse of the waters. There shall be no accumulation of
solid wastes conducive to the breeding of rodents or insects.
(j)
All methods of sewage and industrial waste treatment
and disposal shall be approved by the New Jersey State Department
of Environmental Protection and the Hunterdon County Department of
Health.
(k)
Any other provision of this chapter notwithstanding,
no individual use in the Industrial Zone shall generate a demand for
sewage treatment greater than 1,200 gallons per day per acre. The
1,200 gallons per day per acre shall be construed as a maximum for
each use and the land committed to that use and not for the zone as
a whole.
(9)
Vibration. No activity shall cause or create a steady
state or impact vibration at or beyond the lot line causing acceleration
in excess of that indicated in the attached figure.[4] The numbers on the ordinate are peak values of sinusoidal
accelerations or 1.4 times the root mean square values of random vibrations
measured in octave bands. These criteria are for vertical vibrations
and are to be reduced by a factor of 1.4 for horizontal vibrations.
The ordinate unit, "g," is 9.81 meters per second squared [32.2 feet
per second squared].
[4]
Editor's Note: Said figure is on file in the
office of the Land Use Board Secretary.
(10)
Radioactivity and electrical disturbance. Radioactivity
shall not be entitles to exceed quantities established as safe by
the United States Bureau of Standards, as amended from time to time.
No electrical disturbances, except from domestic household appliances,
shall adversely affect the operation at any point of any equipment
other than that of the creator of such disturbance.
(11)
Conformance to state standards. Any operation
shall also comply with any applicable state standards and requirements
and particularly to the New Jersey Department of Environmental Protection
Administrative Code, Title 7, Chapter 27, Subchapters 3, 4, 5, 6,
7, 11, 13 and 16.
(12)
Enforcement of performance standards.
(a)
An industry desiring to build, develop or utilize a tract or site of land must submit an application to the Land Use Board in accordance with Article VI of this chapter. The application shall include the following detailed information concerning the environmental effects regulated by the performance standards and certification by a registered architect or engineer for the applicant that the proposed use can meet the performance standards of this section.
(b)
Procedure for enforcement for established industries
shall be as follows: If a violation of the performance standards created
has occurred, the Zoning Officer shall send a written notice of said
violation to the owner(s) of the property by certified mail. The owner(s)
shall have 30 days to correct the violation unless, in the opinion
of the Zoning Officer, there is an imminent peril to life and property,
in which case the violation shall be corrected immediately. Where
determinations of violation can be made by the Zoning Officer, using
equipment normally available to the Town or otherwise obtainable without
extraordinary expense, such determination shall be so made before
notice of said violation is issued.
(c)
Where technical complexity or extraordinary
expense makes it unreasonable for the Town to maintain the personnel
or equipment necessary to make the determination of violation, then
the Town shall call in properly qualified experts to make the determination.
If expert findings indicate a violation of the performance standards,
the costs of the determination shall be assessed against the properties
or persons responsible for the violation, in addition to the other
penalties prescribed by this chapter. If no violation is found, cost
of the determination shall be paid entirely by the Town.
F.
Design standards. In addition to compliance with Article VI, Subdivision and Site Plan Review (§§ 88-39 through 88-50), and any other applicable standards, the following requirements shall apply:
[Added 3-11-2020 by Ord. No. 20-06[5]]
(1)
Any
development proposed shall provide a minimum buffer of 100 feet along
the Lower Landsdown Trail on the east side of the zone district and
south of the roadway easement for the sewage treatment plant. Said
buffer shall include a berm that is a minimum of eight feet in height
graded to be not more than a slope of one foot of vertical rise for
each five feet of horizontal run. The berm shall include a flat section
not less than 20 feet in width at its highest point to accommodate
buffer plantings.
(2)
The
buffer and berm required along the Lower Landsdown Trail shall include
landscape plantings consisting of a mix of evergreen and deciduous
trees as well as evergreen and deciduous shrubs and perennial flowering
plants. Landscape planting shall be sufficient to provide year-round
screening of any structures and parking areas proposed and shall achieve
a minimum of 80% opacity by the end of the third growing season. Native
and deer-resistant species shall be utilized to the greatest extent
practical.
(3)
Any
development proposed shall preserve the area between the Lower Landsdown
Trail and the roadway easement for the sewage treatment plant as a
buffer. All existing vegetation in this area shall be maintained,
with supplemental evergreen trees provided on the west side to provide
year-round visual screening of any structures or parking areas proposed.
(4)
All
evergreen trees shall be a minimum of eight feet in height and all
deciduous trees shall be a minimum caliper of 2 1/2 inches (dbh) at
the time of planting.
[5]
Editor's Note: This ordinance also repealed former Subsection
F, Participation in the provision of lower-income housing.
[Added 8-13-2019 by Ord.
No. 19-11]
A.
Purpose. The Township hereby establishes the MF-1 Multifamily housing
zone to comply with the requirements and terms of a settlement agreement
entered into on September 18, 2018, between the Town and Fair Share
Housing Center and to address the Town's affordable housing obligation
established therein. This section creates design and bulk standards
to ensure that multifamily housing in this zone is developed in a
manner that is sensitive to the character of the surrounding area.
B.
Minimum lot size: 15 acres.
C.
Permitted uses. The following are principal permitted uses:
(1)
Attached single-family townhouses, meaning a one-family dwelling
in a row of three or more such attached units in which each unit has
its own front and rear access to the outside, no unit is located over
another unit, and each unit is separated from any other unit by one
or more vertical common fire-resistant walls.
(2)
Attached single-family townhouses as defined above, but containing
two or more such attached units, limited to a total of two such structures
in any development project.
D.
Accessory uses. The following are permitted accessory uses:
(1)
Accessory uses and structures customarily incidental to permitted
multifamily residential uses.
(2)
Sewerage and sewage treatment, water, fire protection, stormwater
management and other utility facilities.
(5)
Normal residential storage structures in compliance with all
size and height requirements set forth in applicable Town ordinances.
(6)
Other normal residential structures such as private swimming
pools, fireplaces, trellises, lampposts and the like.
E.
Density. There shall be no more than 56 dwelling units permitted
on the property.
F.
Impervious coverage. The impervious coverage for the entire residential
tract shall not exceed 35%.
H.
Decks/patios shall be permitted behind each residential unit, extending no more than 10 feet from the rear of the structure. Provided screening criteria set forth in Subsection L herein are met, the deck or patio may extend into a required buffer a distance of no more than seven feet. Second-story decks shall not be permitted.
I.
Maximum building height. No building shall exceed 2 1/2 stories
or 35 feet; however, in cases where walkout basements are proposed,
the walkout basement shall not be considered a story nor fully included
in the calculation of building height. For the purposes of calculating
maximum building height, the average grade shall be measured from
the midpoint of one side wall to the building wall facing the street
line, extended along the wall facing the street line, then extended
along the other side wall to its midpoint. In no case shall the building
height measured from the lowest point of the finished grade along
a walkout basement to a point 1/2 the distance between the top of
the uppermost plate and the highest point of the roof exceed 45 feet.
J.
Access to the property shall primarily be through Route 31. Emergency
and pedestrian access only can be provided via Central Avenue pursuant
to an access easement, which restriction shall be a condition of any
subdivision or site plan approval.
K.
An overall theme of design and architectural mode shall be utilized
within the development for the purpose of presenting an aesthetically
desirable effect.
L.
Mechanical equipment shall be screened from view of public streets
and residentially zoned lots. Screening shall consist of plantings,
fencing or other material found acceptable by the approving authority.
M.
Landscape buffer requirements. A landscaped buffer and berm between
the multifamily residential uses and existing single-family residential
uses shall be installed to provide year-round screening of buildings,
parking, service areas, and roadways from such residential neighborhoods.
This buffer shall be designed to provide screening with a minimum
of 85% opacity within three growing seasons for the first 10 feet
of elevation of any building or improvement and seasonal (deciduous)
screening with 25% opacity within the first five growing seasons for
the second 10 feet of elevation of any building or improvement. If
the building is below the final grade, such distance between the grade
of the building and the final grade shall be deducted from the height
to be screened.
N.
Fences. The Land Use Board may require the installation of fencing
of not less than four nor more than six feet in height, maintained
in good condition, as part of site plan approval in order to effectively
screen the property on any side which adjoins or faces premises situated
in any residential zone; provided, however, that a screening or hedge
or other natural landscaping may be substituted if approved by the
Land Use Board.
A.
The following are permitted principal uses:
(1)
Office buildings intended for business, executive,
professional and administrative purposes.
(2)
Nonprofit clubs, lodges and fraternal, civic and charitable
organizations.
(3)
Municipal buildings and municipal uses, but not including
municipal garages and storage and maintenance yards.
(4)
Medical and dental clinics.
[Amended 12-23-2008 by Ord. No. 08-19]
(5)
Nursery schools.
(6)
Funeral homes.
(7)
State-licensed nursing homes.
(8)
Vocation schools and studios for art, dancing, music,
languages and photography.
D.
Required conditions. Except as otherwise provided in this chapter, the requirements and limitations contained in the Schedule of Requirements referred to in § 88-51C shall be complied with.[2]
[2]
Editor's Note: The Schedule of Zoning Requirements for the Town of Clinton is included at the end of this chapter.
E.
Participation in the provision of lower-income housing.
The developer of any land in the district may participate in the provision
of lower-income housing. The developer shall be entitled to a density
bonus equivalent to 15% of the floor area to which he is otherwise
entitled under Schedule I, provided that all parking requirements
can be met on the site and the Board approves any variances from setback
and buffer requirements needed to accommodate the density bonus, in
return for which the developer shall, no later than the time of issuance
of a building permit, convey to the Town an amount equal to $3.75
per square foot of gross floor area for all bonus construction. The
funds paid to the Town shall be placed into a Housing Rehabilitation,
Conversion and Assistance Fund to be administered by the Housing Officer
and Affordable Housing Board appointed by the Mayor and Council following
administrative guidelines established by ordinance.
[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]
A.
The following are permitted principal uses:
[Amended 7-9-1996 by Ord. No. 96-9; 12-23-2008 by Ord. No. 08-19]
(1)
Office buildings for business, professional, executive
and administrative purposes.
(2)
Data processing facilities.
(3)
Banks and financial institutions.
(4)
Municipal buildings and municipal uses including a
municipal or county library but not including municipal garages and
storage and maintenance yards.
D.
Required conditions. Except as otherwise provided in this article, the requirements and limitations contained in the Schedule of Requirements referred to in § 88-51C shall be complied with.[2] In addition, the performance standards contained in § 88-56E shall be complied with.
[2]
Editor's Note: The Schedule of Zoning Requirements for the Town of Clinton is included at the end of this chapter.
E.
Participation in the provision of lower-income housing.
The developer of any land in the district may participate in the provision
of lower-income housing. The developer shall be entitled to a density
bonus equivalent to 15% of the floor area to which he is otherwise
entitled under Schedule I, provided that all parking requirements
can be met on the site and the Board approves any variances from setback
and buffer requirements needed to accommodate the density bonus, in
return for which the developer shall, no later than the time of issuance
of a building permit, convey to the Town an amount equal to $3.75
per square foot of gross floor area for all bonus construction. The
funds paid to the Town shall be placed into a Housing Rehabilitation,
Conversion and Assistance Fund to be administered by the Housing Officer
and Affordable Housing Board appointed by the Mayor and Council following
administrative guidelines established by ordinance.
[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]
F.
Design of parking areas. The developer of any land
in the district may be entitled to an increase of .03 in the allowable
floor area ratio (FAR) specified in Schedule I, provided that all
parking requirements can be met on the site and that no variances
from setback and buffer requirements are needed to accommodate the
increased FAR, in exchange for a parking design which minimizes off-site
visual impacts through the use of structured parking, walls, berms,
landscaping and grade changes by utilizing any one or a combination
of the following design features:
[Added 4-14-1987 by Ord. No. 87-7]
(1)
Screening of all parking areas from public view by
a landscaped berm of at least four feet in height, which may be used
in combination with a solid, decorative masonry wall at least four
feet in height at the entrance(s) to the site.
(2)
Location of at least 20% of all required parking spaces
or 25% of all constructed parking spaces under or within the principal
building.
(3)
Separation of parking spaces into two or more distinct
areas with at least 80% of all nonenclosed nonstructured spaces abutting
a landscaped island or perimeter area designed to screen the parking
spaces from public view.
(4)
Separation of parking areas by grade changes such
that at least 50% of the constructed parking spaces or 40% of the
required parking spaces are at least four feet below the grade of
the street at the curbline.
(6)
Public use of parking areas. The developer of any
land in the district which abuts public land other than a street right-of-way
on at least two sides may be entitled to an increase of .04 in the
allowable floor area ratio (FAR) specified in Schedule I, provided
that all parking requirements can be met on the site and that the
Board approves any variances from setback and buffer requirements
needed to accommodate the density bonus, if a minimum of 40% of all
constructed parking spaces are made available to and accepted by the
Town for public use during nonbusiness hours. This shall only be available
if the property is adjacent to a public use area and is in an area
that has a high need for parking.
[Added 4-14-1987 by Ord. No. 87-7]
G.
Computation of density bonuses. The density bonuses permitted in Subsections E, F and G hereinabove may be used simultaneously, provided that they are computed separately using the allowable FAR specified in Schedule I,[3] and further provided that in no event shall the maximum FAR exceed 30% in the OB-2 Zone. The developer must use the density bonus called for in Subsection E prior to using the density bonuses called for in Subsections F and G.
[Added 4-14-1987 by Ord. No. 87-7]
[3]
Editor's Note: the Schedule of Zoning Requirements for the Town of Clinton is included at the end of this chapter.
[Added 12-18-1984 by Ord. No. 84-17; amended 12-10-1985 by Ord. No. 85-25]
A.
Permitted principal uses shall be as follows:
(1)
Office buildings for business, professional,
executive and administrative purposes.
(2)
Scientific or research laboratories devoted
to research, testing, design and/or experimentation and processing
and fabricating incidental thereto.
(3)
Data-processing facilities.
(4)
Public and quasi-public open space.
[Added 9-9-2003 by Ord. No. 03-13]
C.
Conditional uses. No conditional uses shall be permitted
in this district.
[Amended 9-9-2003 by Ord. No. 03-13]
D.
Required conditions. Except as otherwise provided in this article, the requirements and limitations contained in the Schedule of Requirements referred to in § 88-51C shall be complied with. In addition, the performance standards contained in § 88-56E shall be complied with.[2]
[2]
Editor's Note: The Schedule of Zoning Requirements is included at the end of this chapter.
E.
Specific design standards.
[Amended 9-9-2003 by Ord. No. 03-13]
(1)
Access. Vehicular access shall be limited to
Route 31 only. Access for emergency vehicles only may be provided
from local streets, if deemed necessary by the local service provider.
In which case, such access shall be improved to the minimum standard
acceptable for such limited access. Pedestrian access, open to the
public and accessible to the river, shall be provided between the
OB-3 Zone and Center Street.
(2)
Traffic. A traffic management plan shall be
required, including trip-reduction strategies to reduce traffic impact
at the critical intersections at Halstead Street and Clinton Point
and traffic-calming methods to prevent site traffic from using local
streets for access to and from the OB-3 Zone.
(3)
Size and layout of buildings. No single building
shall contain more than 1/3 of the allowed FAR. Buildings shall be
designed, located and landscaped to minimize their visual appearance
to residential neighborhoods, including residences along Halstead
Street. Any required service area and/or loading areas shall be located
and screened so as not to be visible or audible from any residence
within the Town.
(4)
Distance between buildings. The minimum distance
between buildings shall be 35 feet where the abutting walls are parallel.
This distance may be reduced proportionally as the angle between the
abutting building walls increases from 0° to 90°, but in no
case shall the distance be reduced below 10 feet.
(5)
Lighting. In addition to the lighting standards in § 88-44B(1)(g), provision shall be made for reduction in the intensity of illumination emanating from onsite buildings when they are not occupied. This may be accomplished by such means as treated window glass, automatic light controls, or timers for building lights.
(6)
Setbacks. No parking shall be allowed in any
setback area, except that abutting Route 31, where the parking setback
shall be 35 feet. Setback areas shall only be used for landscaping,
buffering and berms as detailed below and for recreational paths and
fitness trails, river access, passive recreational uses, gazebos,
picnic areas and such, which shall be approved by the Board and available
to the general public.
(7)
Landscaping and buffering. In addition to any
other landscaping requirements, within the setback area, landscaping,
buffering and berming shall be installed to provide year-round screening
of buildings, parking, service areas, and roadways from residential
neighborhoods. This buffer shall be designed to provide screening
with a minimum of 85% opacity within three growing seasons for the
first 10 feet of elevation of any building or improvement and seasonal
(deciduous) screening with 25% opacity within the first five growing
seasons for the second 10 feet of elevation of any building or improvement.
[Added 9-9-2003 by Ord. No. 03-13]
A.
Permitted principal uses shall be as follows:
(1)
Office buildings for business, professional,
executive and administrative purposes.
(2)
Scientific or research laboratories devoted
to research, testing, design and/or experimentation and processing
and fabricating incidental thereto.
(3)
Data-processing facilities.
(4)
Medical and dental clinics and laboratories.
(5)
Nursery schools and child-care centers.
(6)
Funeral homes.
(7)
Studios for art, dancing, music, languages and
photography.
(8)
Hotels.
(9)
Restaurants, cafes and taverns in which patrons
are seated at tables or counters and are served food and drink by
waiters or waitresses for consumption on the premises.
C.
Conditional uses. No conditional uses shall be permitted
in this district.
E.
Buffering. A buffer shall be provided along any common
property line with a residential zone. Said buffer shall be a minimum
of 75 feet in depth and shall contain berms and landscaping that will
provide year-round (evergreen) screening with a minimum of 85% opacity
within three growing seasons for the first 10 feet of elevation of
any building or improvement and seasonal (deciduous) screening with
25% opacity within the first five growing seasons for the second 10
feet of elevation of any building or improvement.
F.
The layout and design of development within the OB-
4 Zone shall be such as to allow integration with any future nonresidential
development which may occur in Block 71.04 in Clinton Township, currently
zoned OB-3, for the purpose of providing direct access through the
zone to Grey Rock Road and/or Beaver Avenue.
[Added 10-22-1996 by Ord. No. 96-11; amended 7-28-2009 by Ord. No. 09-10; 2-22-2023 by Ord. No. 23-05]
A.
Scope and administration.
(1)
Title. These regulations, in combination with the flood provisions
of the Uniform Construction Code (UCC), N.J.A.C. 5:23 (hereinafter
"Uniform Construction Code," consisting of the Building Code, Residential
Code, Rehabilitation Subcode, and related codes), and the New Jersey
Flood Hazard Area Control Act (hereinafter "FHACA"), N.J.A.C. 7:13,
shall be known as the "Floodplain Management Regulations of the Town
of Clinton" (hereinafter "these regulations").
(2)
Scope. These regulations, in combination with the flood provisions of the Uniform Construction Code and FHACA, shall apply to all proposed development in flood hazard areas established in § 88-59B of these regulations.
(3)
Purposes and objectives. The purposes and objectives of these regulations
are to promote the public health, safety and general welfare and to
minimize public and private losses due to flood conditions in specific
flood hazard areas through the establishment of comprehensive regulations
for management of flood hazard areas designed to:
(a)
Protect human life and health.
(b)
Prevent unnecessary disruption of commerce, access, and public
service during times of flooding.
(c)
Manage the alteration of natural floodplains, stream channels
and shorelines.
(d)
Manage filling, grading, dredging and other development which
may increase flood damage or erosion potential.
(e)
Prevent or regulate the construction of flood barriers which
will divert floodwater or increase flood hazards.
(f)
Contribute to improved construction techniques in the floodplain.
(g)
Minimize damage to public and private facilities and utilities.
(h)
Help maintain a stable tax base by providing for the sound use
and development of flood hazard areas.
(i)
Minimize the need for rescue and relief efforts associated with
flooding.
(j)
Ensure that property owners, occupants, and potential owners
are aware of property located in flood hazard areas.
(k)
Minimize the need for future expenditure of public funds for
flood control projects and response to and recovery from flood events.
(l)
Meet the requirements of the National Flood Insurance Program
for community participation set forth in 44 CFR 59.22.
(4)
Coordination with building codes. Pursuant to the requirement established
in N.J.A.C. 5:23, the Uniform Construction Code, that the Town Council
of the Town of Clinton administer and enforce the state building codes,
the Town of Clinton does hereby acknowledge that the Uniform Construction
Code contains certain provisions that apply to the design and construction
of buildings and structures in flood hazard areas. Therefore, these
regulations are intended to be administered and enforced in conjunction
with the Uniform Construction Code.
(5)
Ordinary building maintenance and minor work. Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code, including nonstructural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc., shall be evaluated by the Floodplain Administrator through the floodplain development permit to ensure compliance with the substantial damage and substantial improvement section, Subsection C(16), of this section.
(6)
Warning. The degree of flood protection required by these regulations
is considered reasonable for regulatory purposes and is based on scientific
and engineering considerations. Larger floods can and will occur.
Flood heights may be increased by man-made or natural causes. Enforcement
of these regulations does not imply that land outside the special
flood hazard areas, or that uses permitted within such flood hazard
areas, will be free from flooding or flood damage.
(7)
Other laws. The provisions of these regulations shall not be deemed
to nullify any provisions of local, state, or federal law.
(8)
Violations and penalties for noncompliance.
(a)
No structure or land shall hereafter be constructed, relocated
to, extended, converted, or altered without full compliance with the
terms of this section and other applicable regulations. Violation
of the provisions of this section by failure to comply with any of
its requirements (including violations of conditions and safeguards
established in connection with conditions) shall constitute a violation
under N.J.S.A. 40:49-5. Any person who violates this section or fails
to comply with any of its requirements shall be subject to one or
more of the following: a fine of not more than $1,250, imprisonment
for a term not exceeding 90 days or a period of community service
not exceeding 90 days.
(b)
Each day in which a violation of this section exists shall be
considered to be a separate and distinct violation subject to the
imposition of a separate penalty for each day of the violation as
the court may determine, except that the owner will be afforded the
opportunity to cure or abate the condition during a thirty-day period
and shall be afforded the opportunity for a hearing before the court
for an independent determination concerning the violation. Subsequent
to the expiration of the thirty-day period, a fine greater than $1,250
may be imposed if the court has not determined otherwise, or, if upon
reinspection of the property, it is determined that the abatement
has not been substantially completed.
(c)
Any person who is convicted of violating this section within
one year of the date of a previous violation of the same section and
who was fined for the previous violation shall be sentenced by a court
to an additional fine as a repeat offender. The additional fine imposed
by the court upon a person for a repeated offense shall not be less
than the minimum or exceed the maximum fine fixed for a violation
of this section but shall be calculated separately from the fine imposed
for the violation of this section.
(9)
Solid-waste disposal in a flood hazard area. Any person who has unlawfully
disposed of solid waste in a floodway or floodplain who fails to comply
with this section or fails to comply with any of its requirements
shall, upon conviction thereof, be fined not more than $2,500 or up
to a maximum penalty by a fine not exceeding $10,000 under N.J.S.A.
40:49-5.
(10)
Abrogation and greater restrictions. These regulations supersede
any ordinance in effect in flood hazard areas. However, these regulations
are not intended to repeal or abrogate any existing ordinances, including
land development regulations, subdivision regulations, zoning ordinances,
stormwater management regulations, or building codes. In the event
of a conflict between these regulations and any other ordinance, code,
or regulation, the more restrictive shall govern.
B.
Applicability.
(1)
General. These regulations, in conjunction with the Uniform Construction
Code, provide minimum requirements for development located in flood
hazard areas, including the subdivision of land and other developments;
site improvements and installation of utilities; placement and replacement
of manufactured homes; placement of recreational vehicles; new construction
and alterations, repair, reconstruction, rehabilitation or additions
of existing buildings and structures; substantial improvement of existing
buildings and structures, including repair of substantial damage;
installation of tanks; temporary structures and temporary or permanent
storage; utility and miscellaneous Group U buildings and structures;
and certain building work exempt from permit under the Uniform Construction
Code; and other buildings and development activities.
(2)
Establishment of flood hazard areas. The Town of Clinton was accepted
for participation in the National Flood Insurance Program on February
2, 1977. The National Flood Insurance Program (NFIP) floodplain management
regulations encourage that all federal, state, and local regulations
that are more stringent than the minimum NFIP standards take precedence
in permitting decisions. The FHACA requires that the effective Flood
Insurance Rate Map, most recent preliminary FEMA mapping and flood
studies, and Department delineations be compared to determine the
most restrictive mapping. The FHACA also regulates unstudied flood
hazard areas in watersheds measuring 50 acres or greater in size and
most riparian zones in New Jersey. Because of these higher standards,
the regulated flood hazard area in New Jersey may be more expansive
and more restrictive than the FEMA special flood hazard area. Maps
and studies that establish flood hazard areas are on file at the Town
of Clinton Municipal Building, 43 Leigh Street, Clinton, NJ. The following
sources identify flood hazard areas in this jurisdiction and must
be considered when determining the best available flood hazard data
area:
(a)
Effective flood insurance study. Special flood hazard areas
(SFHAs) identified by the Federal Emergency Management Agency in a
scientific and engineering report entitled "Flood Insurance Study,
Hunterdon County, New Jersey (All Jurisdictions)," dated May 2, 2012,
and the accompanying Flood Insurance Rate Maps (FIRM) identified in
Table 102.2(1), whose effective date is September 25, 2009, are hereby
adopted by reference.
|
Table 102.2(1)
| ||
|---|---|---|
|
Map Panel No.
|
Effective Date
|
Suffix
|
|
34019C0118
|
September 25, 2009
|
F
|
|
34019C0119
|
September 25, 2009
|
F
|
(b)
Federal best available information. The Town of Clinton shall
utilize federal flood information as listed in the table below that
provides more detailed hazard information, higher flood elevations,
larger flood hazard areas, and results in more restrictive regulations.
This information may include but is not limited to preliminary flood
elevation guidance from FEMA (such as Advisory Flood Hazard Area Maps,
work maps or preliminary FIS and FIRM). Additional federal best available
studies issued after the date of this section must also be considered.
These studies are listed on FEMA's Map Service Center. This information
shall be used for floodplain regulation purposes only.
|
Table 102.2(2)
| |
|---|---|
|
Map Panel No.
|
Preliminary Date
|
|
34019C0118G
|
April 2, 2021
|
(c)
Other best available data. The Town of Clinton shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by the Town of Clinton. Other "best available information" may not be used which results in less restrictive flood elevations, design standards, or smaller flood hazard areas than the sources described in § 88-59B(2)(a) and (b), above. This information shall be used for floodplain regulation purposes only.
(d)
State-regulated flood hazard areas. For state-regulated waters, the NJ Department of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and the space above that land, which lies below the Flood Hazard Area Control Act design flood elevation, as defined in § 88-59I, and as described in the New Jersey Flood Hazard Area Control Act at N.J.A.C. 7:13. An FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the special flood hazard areas (SFHAs) as identified by FEMA. The following is a list of New Jersey State studied waters in this community under the FHACA, and their respective map identification numbers.
|
Table 102.2(3)
List of State Studied Waters
| ||
|---|---|---|
|
Name of Studied Water
|
File Name
|
Map Number
|
|
S Branch Raritan Rv
|
FHR101118
|
SB-17
|
|
S Branch Raritan Rv
|
FHR101119
|
SB-18
|
|
Beaver Bk
|
U0000001
|
BE-1
|
|
S Branch Raritan Rv
|
U0000106
|
SB-5
|
|
Trib A
|
U0000134
|
UA-1
|
(3)
Establishing the local design flood elevation (LDFE). The local design flood elevation (LDFE) is established in the flood hazard areas determined in § 88-59B above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act minimum statewide elevation requirements for lowest floors in A, Coastal A, and V Zones, ASCE 24 requirements for critical facilities as specified by the Building Code, plus additional freeboard as specified by this section. At a minimum, the local design flood elevation shall be as follows:
(a)
For a delineated watercourse, the elevation associated with the best available flood hazard data area determined in § 88-59B(2) above, plus one foot, or as described by N.J.A.C. 7:13 of freeboard; or
(b)
For any undelineated watercourse [where mapping or studies described in § 88-59B(1) and (2) above are not available] that has a contributory drainage area of 50 acres or more, the applicants must provide one of the following to determine the local design flood elevation:
[1]
A copy of an unexpired NJDEP flood hazard area verification,
plus one foot of freeboard and any additional freeboard as required
by ASCE 24; or
[2]
A determination of the flood hazard area design flood elevation
using Method 5 or Method 6 (as described in N.J.A.C. 7:13), plus one
foot of freeboard and any additional freeboard as required by ASCE
24. Any determination using these methods must be sealed and submitted
according to § 88-59E(2)(c).
(c)
AO Zones. For Zone AO areas on the municipality's FIRM
(or on preliminary flood elevation guidance from FEMA), the local
design flood elevation is determined from the FIRM panel as the highest
adjacent grade, plus the depth number specified, plus one foot of
freeboard. If no depth number is specified, the local design flood
elevation is three feet above the highest adjacent grade.
(d)
Class IV critical facilities. For any proposed development of
new and substantially improved flood design Class IV critical facilities,
the local design flood elevation must be the higher of the 0.2% annual
chance (500-year) flood elevation or the flood hazard area design
flood elevation with an additional two feet of freeboard in accordance
with ASCE 24.
(e)
Class III critical facilities. For proposed development of new
and substantially improved flood design Class III critical facilities
in coastal high hazard areas, the local design flood elevation must
be the higher of the 0.2% annual chance (500-year) flood elevation
or the flood hazard area design flood elevation with an additional
one foot of freeboard in accordance with ASCE 24.
C.
Duties and powers of the Floodplain Administrator.
(1)
Floodplain Administrator designation. The Town Administrator (or
his/her designee) shall be designated the Floodplain Administrator
by the Town Council. The Floodplain Administrator shall have the authority
to delegate performance of certain duties to other employees.
(2)
General. The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the Building Code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to § 88-59G of these regulations.
(3)
Coordination. The Floodplain Administrator shall coordinate with
the Construction Official to administer and enforce the flood provisions
of the Uniform Construction Code.
(4)
Duties. The duties of the Floodplain Administrator shall include
but are not limited to:
(a)
Review all permit applications to determine whether proposed development is located in flood hazard areas established in § 88-59B of these regulations.
(b)
Require development in flood hazard areas to be reasonably safe
from flooding and to be designed and constructed with methods, practices
and materials that minimize flood damage.
(c)
Interpret flood hazard area boundaries and provide available
flood elevation and flood hazard information.
(d)
Determine whether additional flood hazard data shall be obtained
or developed.
(e)
Review required certifications and documentation specified by
these regulations and the Building Code to determine that such certifications
and documentations are complete.
(f)
Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to § 88-59C(16) of these regulations.
(g)
Coordinate with the Construction Official and others to identify
and investigate damaged buildings located in flood hazard areas and
inform owners of the requirement to obtain permits for repairs.
(h)
Review requests submitted to the Construction Official seeking approval to modify the strict application of the flood load and flood-resistant construction requirements of the Uniform Construction Code to determine whether such requests require consideration as a variance pursuant to § 88-59G of these regulations.
(i)
Require applicants who submit hydrologic and hydraulic engineering
analyses to support permit applications to submit to FEMA the data
and information necessary to maintain the Flood Insurance Rate Maps
when the analyses propose to change base flood elevations, flood hazard
area boundaries, or floodway designations; such submissions shall
be made within six months of such data becoming available.
(j)
Require applicants who propose alteration of a watercourse to
notify adjacent jurisdictions and the NJDEP Bureau of Flood Engineering
and to submit copies of such notifications to the Federal Emergency
Management Agency (FEMA).
(k)
Inspect development in accordance with § 88-59F of these regulations and inspect flood hazard areas to determine if development is undertaken without issuance of permits.
(l)
Prepare comments and recommendations for consideration when applicants seek variances in accordance with § 88-59G of these regulations.
(n)
Notify the Federal Emergency Management Agency when the corporate
boundaries of the Town of Clinton have been modified.
(5)
Use of changed technical data. The Floodplain Administrator and the
applicant shall not use changed flood hazard area boundaries or base
flood elevations for proposed buildings or developments unless the
Floodplain Administrator or applicant has applied for a conditional
letter of map revision (CLOMR) to the Flood Insurance Rate Map (FIRM)
revision and has received the approval of the Federal Emergency Management
Agency. A revision of the effective FIRM does not remove the related
feature(s) on a flood hazard area delineation that has been promulgated
by the NJDEP. A separate application must be made to the state pursuant
to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation,
flood hazard area limit, floodway limit, and/or other related feature.
(6)
Other permits. It shall be the responsibility of the Floodplain Administrator
to ensure that approval of a proposed development shall not be given
until proof that necessary permits have been granted by federal or
state agencies having jurisdiction over such development, including
Section 404 of the Clean Water Act.[1] In the event of conflicting permit requirements, the Floodplain
Administrator must ensure that the most restrictive floodplain management
standards are reflected in permit approvals.
[1]
Editor's Note: Editor's Note: See 33 U.S.C. § 1344.
(7)
Determination of local design flood elevations.
(a)
If design flood elevations are not specified, the Floodplain
Administrator is authorized to require the applicant to:
[1]
Obtain, review, and reasonably utilize data available from a
federal, state, or other source; or
[2]
Determine the design flood elevation in accordance with accepted
hydrologic and hydraulic engineering techniques. Such analyses shall
be performed and sealed by a licensed professional engineer. Studies,
analyses, and computations shall be submitted in sufficient detail
to allow review and approval by the Floodplain Administrator. The
accuracy of data submitted for such determination shall be the responsibility
of the applicant.
(b)
It shall be the responsibility of the Floodplain Administrator to verify that the applicant's proposed best available flood hazard data area and the local design flood elevation in any development permit accurately applies the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in Subsection B(2) and (3), respectively. This information shall be provided to the Construction Official and documented according to § 88-59C(17).
(8)
Requirement to submit new technical data. Base flood elevations may
increase or decrease resulting from natural changes (e.g., erosion,
accretion, channel migration, subsidence, uplift) or man-made physical
changes (e.g., dredging, filling, excavation) affecting flooding conditions.
As soon as practicable, but not later than six months after the date
of a man-made change or when information about a natural change becomes
available, the Floodplain Administrator shall notify the Federal Insurance
Administrator of the changes by submitting technical or scientific
data in accordance with 44 CFR 65.3. Such a submission is necessary
so that, upon confirmation of those physical changes affecting flooding
conditions, risk premium rates and floodplain management requirements
will be based upon current data.
(9)
Activities in riverine flood hazard areas. In riverine flood hazard
areas where design flood elevations are specified but floodways have
not been designated, the Floodplain Administrator shall not permit
any new construction, substantial improvement or other development,
including the placement of fill, unless the applicant submits an engineering
analysis prepared by a licensed professional engineer that demonstrates
that the cumulative effect of the proposed development, when combined
with all other existing and anticipated flood hazard area encroachment,
will not increase the design flood elevation more than 0.2 foot at
any point within the community.
(10)
Floodway encroachment. Prior to issuing a permit for any floodway
encroachment, including fill, new construction, substantial improvements
and other development or land-disturbing activity, the Floodplain
Administrator shall require submission of a certification prepared
by a licensed professional engineer, along with supporting technical
data, that demonstrates that such development will not cause any increase
in the base flood level.
(11)
Floodway revisions. A floodway encroachment that increases the
level of the base flood is authorized if the applicant has applied
for a conditional letter of map revision (CLOMR) to the Flood Insurance
Rate Map (FIRM) and has received the approval of FEMA.
(12)
Watercourse alteration. Prior to issuing a permit for any alteration
or relocation of any watercourse, the Floodplain Administrator shall
require the applicant to provide notification of the proposal to the
appropriate authorities of all adjacent government jurisdictions,
as well as the NJDEP Bureau of Flood Engineering and the Division
of Land Resource Protection. A copy of the notification shall be maintained
in the permit records and submitted to FEMA.
(13)
Engineering analysis. The Floodplain Administrator shall require
submission of an engineering analysis prepared by a licensed professional
engineer, demonstrating that the flood-carrying capacity of the altered
or relocated portion of the watercourse will be maintained, neither
increased nor decreased. Such watercourses shall be maintained in
a manner that preserves the channel's flood-carrying capacity.
(14)
Alterations in coastal areas. The excavation or alteration of
sand dunes is governed by the New Jersey Coastal Zone Management (CZM)
rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit
for any alteration of sand dunes in coastal high hazard areas and
Coastal A Zones, the Floodplain Administrator shall require that a
New Jersey CZM permit be obtained and included in the flood damage
prevention permit application. The applicant shall also provide documentation
of any engineering analysis, prepared by a licensed professional engineer,
that demonstrates that the proposed alteration will not increase the
potential for flood damage.
(15)
Development in riparian zones All development in riparian zones
as described in N.J.A.C. 7:13 is prohibited by this section unless
the applicant has received an individual or general permit or has
complied with the requirements of a permit by rule or permit by certification
from NJDEP Division of Land Resource Protection prior to application
for a floodplain development permit and the project is compliant with
all other floodplain development provisions of this section. The width
of the riparian zone can range between 50 and 300 feet and is determined
by the attributes of the water body and designated in the New Jersey
Surface Water Quality Standards, N.J.A.C. 7:9B. The portion of the
riparian zone located outside of a regulated water is measured landward
from the top of bank. Applicants can request a verification of the
riparian zone limits or a permit applicability determination to determine
state permit requirements under N.J.A.C. 7:13 from the NJDEP Division
of Land Resource Protection.
(16)
Substantial improvement and substantial damage determinations.
When buildings and structures are damaged due to any cause, including
but not limited to man-made, structural, electrical, mechanical, or
natural hazard events, or are determined to be unsafe as described
in N.J.A.C. 5:23; and for applications for building permits to improve
buildings and structures, including alterations, movement, repair,
additions, rehabilitations, renovations, ordinary maintenance and
minor work, substantial improvements, repairs of substantial damage,
and any other improvement of or work on such buildings and structures,
the Floodplain Administrator, in coordination with the Construction
Official, shall:
(a)
Estimate the market value, or require the applicant to obtain
a professional appraisal prepared by a qualified independent appraiser,
of the market value of the building or structure before the start
of construction of the proposed work; in the case of repair, the market
value of the building or structure shall be the market value before
the damage occurred and before any repairs are made.
(b)
Determine and include the costs of all ordinary maintenance and minor work, as discussed in § 88-59B(2), performed in the floodplain regulated by this section, in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.
(c)
Compare the cost to perform the improvement, the cost to repair
the damaged building to its pre-damaged condition, or the combined
costs of improvements and repairs, where applicable, to the market
value of the building or structure.
(d)
Determine and document whether the proposed work constitutes
substantial improvement or repair of substantial damage.
(e)
Notify the applicant, in writing, when it is determined that
the work constitutes substantial improvement or repair of substantial
damage and that compliance with the flood-resistant construction requirements
of the Building Code is required and notify the applicant when it
is determined that work does not constitute substantial improvement
or repair of substantial damage. The Floodplain Administrator shall
also provide all letters documenting substantial damage and compliance
with flood-resistant construction requirements of the Building Code
to the NJDEP Bureau of Flood Engineering.
(17)
Department records. In addition to the requirements of the Building
Code and these regulations, and regardless of any limitation on the
period required for retention of public records, the Floodplain Administrator
shall maintain and permanently keep and make available for public
inspection all records that are necessary for the administration of
these regulations and the flood provisions of the Uniform Construction
Code, including Flood Insurance Studies, Flood Insurance Rate Maps;
documents from FEMA that amend or revise FIRMs; NJDEP delineations,
records of issuance of permits and denial of permits; records of ordinary
maintenance and minor work, determinations of whether proposed work
constitutes substantial improvement or repair of substantial damage;
required certifications and documentation specified by the Uniform
Construction Code and these regulations, including as-built elevation
certificates; notifications to adjacent communities, FEMA, and the
state related to alterations of watercourses; assurance that the flood-carrying
capacity of altered waterways will be maintained; documentation related
to variances, including justification for issuance or denial; and
records of enforcement actions taken pursuant to these regulations
and the flood-resistant provisions of the Uniform Construction Code.
The Floodplain Administrator shall also record the required elevation,
determination method, and base flood elevation source used to determine
the local design flood elevation in the floodplain development permit.
(18)
Liability. The Floodplain Administrator and any employee charged
with the enforcement of these regulations, while acting for the jurisdiction
in good faith and without malice in the discharge of the duties required
by these regulations or other pertinent law or ordinance, shall not
thereby be rendered liable personally and is hereby relieved from
personal liability for any damage accruing to persons or property
as a result of any act or by reason of an act or omission in the discharge
of official duties. Any suit instituted against an officer or employee
because of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of these regulations
shall be defended by a legal representative of the jurisdiction until
the final termination of the proceedings. The Floodplain Administrator
and any subordinate shall not be liable for cost in any action, suit
or proceeding that is instituted in pursuance of the provisions of
these regulations.
D.
Permits.
(1)
Permits required. Any person, owner or authorized agent who intends
to conduct any development in a flood hazard area shall first make
application to the Floodplain Administrator and shall obtain the required
permit. Depending on the nature and extent of proposed development
that includes a building or structure, the Floodplain Administrator
may determine that a floodplain development permit or approval is
required in addition to a building permit.
(2)
Application for permit. The applicant shall file an application,
in writing, on a form furnished by the Floodplain Administrator. Such
application shall:
(a)
Identify and describe the development to be covered by the permit.
(b)
Describe the land on which the proposed development is to be
conducted by legal description, street address or similar description
that will readily identify and definitively locate the site.
(c)
Indicate the use and occupancy for which the proposed development
is intended.
(d)
Be accompanied by a site plan and construction documents as specified in § 88-59E of these regulations, grading and filling plans and other information deemed appropriate by the Floodplain Administrator.
(e)
State the valuation of the proposed work, including the valuation
of ordinary maintenance and minor work.
(f)
Be signed by the applicant or the applicant's authorized
agent.
(3)
Validity of permit. The issuance of a permit under these regulations
or the Uniform Construction Code shall not be construed to be a permit
for, or approval of, any violation of this appendix or any other ordinance
of the jurisdiction. The issuance of a permit based on submitted documents
and information shall not prevent the Floodplain Administrator from
requiring the correction of errors. The Floodplain Administrator is
authorized to prevent occupancy or use of a structure or site which
is in violation of these regulations or other ordinances of this jurisdiction.
(4)
Expiration. A permit shall become invalid when the proposed development
is not commenced within 180 days after its issuance, or when the work
authorized is suspended or abandoned for a period of 180 days after
the work commences. Extensions shall be requested in writing and justifiable
cause demonstrated. The Floodplain Administrator is authorized to
grant, in writing, one or more extensions of time, for periods not
more than 180 days each.
(5)
Suspension or revocation. The Floodplain Administrator is authorized
to suspend or revoke a permit issued under these regulations wherever
the permit is issued in error or on the basis of incorrect, inaccurate
or incomplete information, or in violation of any ordinance or code
of this jurisdiction.
E.
Site plans and construction documents.
(1)
Information for development in flood hazard areas.
(a)
The site plan or construction documents for any development
subject to the requirements of these regulations shall be drawn to
scale and shall include, as applicable to the proposed development:
[1]
Delineation of flood hazard areas, floodway boundaries and flood
zone(s), base flood elevation(s), and ground elevations when necessary
for review of the proposed development. For buildings that are located
in more than one flood hazard area, the elevation and provisions associated
with the most restrictive flood hazard area shall apply.
[2]
Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with § 88-59E(2).
[3]
Where the parcel on which the proposed development will take
place will have more than 50 lots or is larger than five acres and
base flood elevations are not included on the FIRM or in the Flood
Insurance Study, such elevations shall be established in accordance
with § 88-59E(2)(c) of these regulations.
[4]
Location of the proposed activity and proposed structures, and
locations of existing buildings and structures; in coastal high hazard
areas and Coastal A Zones, new buildings shall be located landward
of the reach of mean high tide.
[5]
Location, extent, amount, and proposed final grades of any filling,
grading, or excavation.
[6]
Where the placement of fill is proposed, the amount, type, and
source of fill material; compaction specifications; a description
of the intended purpose of the fill areas; and evidence that the proposed
fill areas are the minimum necessary to achieve the intended purpose.
The applicant shall provide an engineering certification confirming
that the proposal meets the flood storage displacement limitations
of N.J.A.C. 7:13.
[7]
Extent of any proposed alteration of sand dunes.
[8]
Existing and proposed alignment of any proposed alteration of
a watercourse.
[9]
Floodproofing certifications, V Zone and breakaway wall certifications,
operations and maintenance plans, warning and evacuation plans and
other documentation required pursuant to FEMA publications.
(b)
The Floodplain Administrator is authorized to waive the submission
of site plans, construction documents, and other data that are required
by these regulations but that are not required to be prepared by a
registered design professional when it is found that the nature of
the proposed development is such that the review of such submissions
is not necessary to ascertain compliance.
(2)
Information in flood hazard areas without base flood elevations (approximate
Zone A).
(a)
Where flood hazard areas are delineated on the effective or
preliminary FIRM and base flood elevation data have not been provided,
the applicant shall consult with the Floodplain Administrator to determine
whether to:
[1]
Use the Approximation Method (Method 5) described in N.J.A.C.
7:13 in conjunction with Appendix 1 of the FHACA to determine the
required flood elevation.
[2]
Obtain, review, and reasonably utilize data available from a
federal, state or other source when those data are deemed acceptable
to the Floodplain Administrator to reasonably reflect flooding conditions.
[3]
Determine the base flood elevation in accordance with accepted
hydrologic and hydraulic engineering techniques according to Method
6 as described in N.J.A.C. 7:13. Such analyses shall be performed
and sealed by a licensed professional engineer.
(b)
Studies, analyses, and computations shall be submitted in sufficient
detail to allow review and approval by the Floodplain Administrator
prior to floodplain development permit issuance. The accuracy of data
submitted for such determination shall be the responsibility of the
applicant. Where the data are to be used to support a letter of map
change (LOMC) from FEMA, the applicant shall be responsible for satisfying
the submittal requirements and paying the processing fees.
(3)
Analyses and certifications by a licensed professional engineer.
As applicable to the location and nature of the proposed development
activity, and in addition to the requirements of this section, the
applicant shall have the following analyses signed and sealed by a
licensed professional engineer for submission with the site plan and
construction documents:
(a)
For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in § 88-59E(4) of these regulations and shall submit the conditional letter of map revision, if issued by FEMA, with the site plan and construction documents.
(b)
For development activities proposed to be located in a riverine
flood hazard area where base flood elevations are included in the
FIS or FIRM but floodways have not been designated, hydrologic and
hydraulic analyses that demonstrate that the cumulative effect of
the proposed development, when combined with all other existing and
anticipated flood hazard area encroachments, will not increase the
base flood elevation more than 0.2 foot at any point within the jurisdiction.
This requirement does not apply in isolated flood hazard areas not
connected to a riverine flood hazard area or in flood hazard areas
identified as Zone AO or Zone AH.
(c)
For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained, neither increasing nor decreasing the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in § 88-59E(4) of these regulations. The applicant shall notify the chief executive officer of all affected adjacent jurisdictions, the NJDEP's Bureau of Flood Engineering and the Division of Land Resource Protection; and shall provide documentation of such notifications.
(d)
For activities that propose to alter sand dunes in coastal high
hazard areas (Zone V) and Coastal A Zones, an engineering analysis
that demonstrates that the proposed alteration will not increase the
potential for flood damage and documentation of the issuance of a
New Jersey Coastal Zone Management permit under N.J.A.C. 7:7.
(e)
For analyses performed using Methods 5 and 6 (as described in
N.J.A.C. 7:13) in flood hazard zones without base flood elevations
(approximate A Zones).
(4)
Submission of additional data. When additional hydrologic, hydraulic
or other engineering data, studies, and additional analyses are submitted
to support an application, the applicant has the right to seek a letter
of map change (LOMC) from FEMA to change the base flood elevations,
change floodway boundaries, or change boundaries of flood hazard areas
shown on FIRMs, and to submit such data to FEMA for such purposes.
The analyses shall be prepared by a licensed professional engineer
in a format required by FEMA. Submittal requirements and processing
fees shall be the responsibility of the applicant.
F.
Inspections.
(1)
General. Development for which a permit is required shall be subject
to inspection. Approval as a result of an inspection shall not be
construed to be an approval of a violation of the provisions of these
regulations or the Building Code. Inspections presuming to give authority
to violate or cancel the provisions of these regulations or the Building
Code or other ordinances shall not be valid.
(2)
Inspections of development. The Floodplain Administrator shall inspect
all development in flood hazard areas authorized by issuance of permits
under these regulations. The Floodplain Administrator shall inspect
flood hazard areas from time to time to determine if development is
undertaken without issuance of a permit.
(3)
Buildings and structures. The Construction Official shall make, or
cause to be made, inspections for buildings and structures in flood
hazard areas authorized by permit in accordance with the Uniform Construction
Code, N.J.A.C. 5:23.
(a)
Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in § 88-59O(2) shall be submitted to the Construction Official on an elevation certificate.
(b)
Lowest horizontal structural member. In V Zones and Coastal A Zones, upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in § 88-59O(2) shall be submitted to the Construction Official on an elevation certificate.
(4)
Manufactured homes. The Floodplain Administrator shall inspect manufactured
homes that are installed or replaced in flood hazard areas to determine
compliance with the requirements of these regulations and the conditions
of the issued permit. Upon placement of a manufactured home, certification
of the elevation of the lowest floor shall be submitted on an elevation
certificate to the Floodplain Administrator prior to the final inspection.
G.
Variances.
(1)
General. The Town of Clinton Land Use Board shall hear and decide requests for variances. The Town of Clinton Land Use Board shall base its determination on technical justifications submitted by applicants, the considerations for issuance in § 88-59G(5), the conditions of issuance set forth in § 88-59G(6), and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Town of Clinton Land Use Board has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.
(2)
Historic structures. A variance to the substantial improvement requirements
of this section is authorized provided that the repair or rehabilitation
of a historic structure is completed according to N.J.A.C. 5:23-6.33,
Section 1612 of the International Building Code and Section R322 of
the International Residential Code, the repair or rehabilitation will
not preclude the structure's continued designation as a historic
structure, the structure meets the definition of "historic structure"
as described by this section, and the variance is the minimum necessary
to preserve the historic character and design of the structure.
(3)
Functionally dependent uses. A variance is authorized to be issued
for the construction or substantial improvement necessary for the
conduct of a functionally dependent use provided the variance is the
minimum necessary to allow the construction or substantial improvement,
and that all due consideration has been given to use of methods and
materials that minimize flood damage during the base flood and create
no additional threats to public safety.
(4)
Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in § 88-59E(3)(a) of these regulations.
(5)
Considerations. In reviewing requests for variances, all technical
evaluations, all relevant factors, all other portions of these regulations,
and the following shall be considered:
(a)
The danger that materials and debris may be swept onto other
lands, resulting in further injury or damage.
(b)
The danger to life and property due to flooding or erosion damage.
(c)
The susceptibility of the proposed development, including contents,
to flood damage and the effect of such damage on current and future
owners.
(d)
The importance of the services provided by the proposed development
to the community.
(e)
The availability of alternate locations for the proposed development
that are not subject to flooding or erosion and the necessity of a
waterfront location, where applicable.
(f)
The compatibility of the proposed development with existing
and anticipated development.
(g)
The relationship of the proposed development to the comprehensive
plan and floodplain management program for that area.
(h)
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
(i)
The expected heights, velocity, duration, rate of rise and debris
and sediment transport of the floodwater and the effects of wave action,
where applicable, expected at the site.
(j)
The costs of providing governmental services during and after
flood conditions, including maintenance and repair of public utilities
and facilities such as sewer, gas, electrical and water systems, streets,
and bridges.
(6)
Conditions for issuance. Variances shall only be issued upon:
(a)
Submission by the applicant of a showing of good and sufficient
cause that the unique characteristics of the size, configuration or
topography of the site limit compliance with any provision of these
regulations or renders the elevation standards of the Building Code
inappropriate.
(b)
A determination that failure to grant the variance would result
in exceptional hardship due to the physical characteristics of the
land that render the lot undevelopable.
(c)
A determination that the granting of a variance will not result
in increased flood heights, additional threats to public safety, extraordinary
public expense, nor create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.
(d)
A determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(e)
Notification to the applicant, in writing, over the signature
of the Floodplain Administrator, that the issuance of a variance to
construct a structure below the base flood level will result in increased
premium rates for flood insurance up to amounts as high as $25 for
$100 of insurance coverage, and that such construction below the base
flood level increases risks to life and property.
H.
Violations.
(1)
Violations. Any development in any flood hazard area that is being
performed without an issued permit or that is in conflict with an
issued permit shall be deemed a violation. A building or structure
without the documentation of elevation of the lowest floor, the lowest
horizontal structural member if in a V or Coastal A Zone, other required
design certifications, or other evidence of compliance required by
the Building Code is presumed to be a violation until such time as
that documentation is provided.
(2)
Authority. The Floodplain Administrator is authorized to serve notices
of violation or stop-work orders to owners of property involved, to
the owner's agent, or to the person or persons doing the work
for development that is not within the scope of the Uniform Construction
Code but is regulated by these regulations and that is determined
to be a violation.
(3)
Unlawful continuance. Any person who shall continue any work after
having been served with a notice of violation or a stop-work order,
except such work as that person is directed to perform to remove or
remedy a violation or unsafe condition, shall be subject to penalties
as prescribed by N.J.S.A. 40:49-5, as appropriate.
(4)
Review period to correct violations. A thirty-day period shall be
given to the property owner as an opportunity to cure or abate the
condition. The property owner shall also be afforded an opportunity
for a hearing before the court for an independent determination concerning
the violation. Subsequent to the expiration of the thirty-day period,
a fine greater than $1,250 may be imposed if a court has not determined
otherwise or, upon reinspection of the property, it is determined
that the abatement has not been substantially completed.
I.
100-YEAR FLOOD ELEVATION
500-YEAR FLOOD ELEVATION
A ZONES
ACCESSORY STRUCTURE
AGRICULTURAL STRUCTURE
AH ZONES
ALTERATION OF A WATERCOURSE
AO ZONES
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
ASCE 7
ASCE 24
BASE FLOOD ELEVATION (BFE)
BASEMENT
BEST AVAILABLE FLOOD HAZARD DATA
BEST AVAILABLE FLOOD HAZARD DATA AREA
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION
BREAKAWAY WALLS
BUILDING
CONDITIONAL LETTER OF MAP REVISION
CONDITIONAL LETTER OF MAP REVISION - FILL
CRITICAL BUILDING
(1)
(2)
DEVELOPMENT
DRY FLOODPROOFING
ELEVATED BUILDING
ELEVATION CERTIFICATE
ENCROACHMENT
FEMA PUBLICATIONS
FLOOD HAZARD AREA DESIGN FLOOD ELEVATION
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD or FLOODING
(1)
(a)
(b)
(c)
(2)
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPLAIN or FLOOD-PRONE AREA
FLOODPROOFING
FLOODPROOFING CERTIFICATE
FLOODWAY
FREEBOARD
FUNCTIONALLY DEPENDENT USE
HABITABLE BUILDING
HARDSHIP
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LAWFULLY EXISTING
(1)
(2)
LETTER OF MAP AMENDMENT
LETTER OF MAP CHANGE
LETTER OF MAP REVISION
LETTER OF MAP REVISION - FILL
LICENSED DESIGN PROFESSIONAL
LICENSED PROFESSIONAL ENGINEER
LOCAL DESIGN FLOOD ELEVATION (LDFE)
LOWEST ADJACENT GRADE
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MARKET VALUE
NEW CONSTRUCTION
NONRESIDENTIAL
ORDINARY MAINTENANCE AND MINOR WORK
RECREATIONAL VEHICLE
RESIDENTIAL
(1)
(2)
(3)
SOLID WASTE DISPOSAL
SPECIAL FLOOD HAZARD AREA
(1)
(2)
(3)
START OF CONSTRUCTION
(1)
(2)
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
THIRTY-DAY PERIOD
UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES
VARIANCE
VIOLATION
WATER SURFACE ELEVATION
WATERCOURSE
WET FLOODPROOFING
Definitions. The following words and terms shall, for the purposes
of these regulations, have the meanings shown herein. Other terms
are defined in the Uniform Construction Code, N.J.A.C. 5:23, and terms
are defined where used in the International Residential Code and International
Building Code (rather than in the definitions section). Where terms
are not defined, such terms shall have ordinarily accepted meanings
such as the context implies.
Elevation of flooding having a 1% annual chance of being
equaled or exceeded in a given year which is also referred to as the
base flood elevation.
Elevation of flooding having a 0.2% annual chance of being
equaled or exceeded in a given year.
Areas of special flood hazard in which the elevation of the
surface water resulting from a flood that has a 1% annual chance of
equaling or exceeding the base flood elevation (BFE) in any given
year, shown on the Flood Insurance Rate Map (FIRM) as Zones A, AE,
AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO. When used
in reference to the development of a structure in this section, A
Zones are not inclusive of Coastal A Zones because of the higher building
code requirements for Coastal A Zones.
Accessory structures are also referred to as "appurtenant
structures." An accessory structure is a structure which is on the
same parcel of property as a principal structure and the use of which
is incidental to the use of the principal structure. For example,
a residential structure may have a detached garage or storage shed
for garden tools as accessory structures. Other examples of accessory
structures include gazebos, picnic pavilions, boathouses, small pole
barns, storage sheds, and similar buildings.
A structure used solely for agricultural purposes in which
the use is exclusively in connection with the production, harvesting,
storage, drying, or raising of agricultural commodities, including
the raising of livestock. Communities must require that new construction
or substantial improvements of agricultural structures be elevated
or floodproofed to or above the base flood elevation (BFE) as any
other nonresidential building. Under some circumstances, it may be
appropriate to wet-floodproof certain types of agricultural structures
when located in wide, expansive floodplains through issuance of a
variance. This should only be done for structures used for temporary
storage of equipment or crops or temporary shelter for livestock and
only in circumstances where it can be demonstrated that agricultural
structures can be designed in such a manner that results in minimal
damage to the structure and its contents and will create no additional
threats to public safety. New construction or substantial improvement
of livestock confinement buildings, poultry houses, dairy operations,
similar livestock operations and any structure that represents more
than a minimal investment must meet the elevation or dry-floodproofing
requirements of 44 CFR 60.3(c)(3).
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually areas of ponding) where average depths are
between one and three feet. Base flood elevations (BFEs) derived from
detailed hydraulic analyses are shown in this zone.
A dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross-sectional area of the
channel or the channel capacity, or any other form of modification
which may alter, impede, retard or change the direction and/or velocity
of the riverine flow of water during conditions of the base flood.
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually sheet flow on sloping terrain) where average
depths are between one and three feet.
A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's
Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance
of flooding to an average depth of one to three feet where a clearly
defined channel does not exist, where the path of flooding is unpredictable,
and where velocity flow may be evident. Such flooding is characterized
by ponding or sheet flow.
See "special flood hazard area."
The standard for the Minimum Design Loads for Buildings and
Other Structures, referenced by the Building Code and developed and
published by the American Society of Civil Engineers, Reston, VA,
which includes but is not limited to methodology and equations necessary
for determining structural and flood-related design requirements and
determining the design requirements for structures that may experience
a combination of loads, including those from natural hazards. Flood-related
equations include those for determining erosion, scour, lateral, vertical,
hydrostatic, hydrodynamic, buoyancy, breaking wave, and debris impact.
The standard for Flood-Resistant Design and Construction,
referenced by the Building Code and developed and published by the
American Society of Civil Engineers, Reston, VA. References to ASCE
24 shall mean ASCE 24-14 or the most recent version of ASCE 24 adopted
in the UCC Code (N.J.A.C. 5:23).
The water surface elevation resulting from a flood that has
a 1% or greater chance of being equaled or exceeded in any given year,
as shown on a published Flood Insurance Study (FIS) or preliminary
flood elevation guidance from FEMA. May also be referred to as the
"100-year flood elevation."
Any area of the building having its floor subgrade (below
ground level) on all sides.
The most recent available preliminary flood risk guidance
FEMA has provided. The best available flood hazard data may be depicted
on but not limited to Advisory Flood Hazard Area Maps, work maps,
or preliminary FIS and FIRM.
The area mapped extent associated with the most recent available
preliminary flood risk guidance FEMA has provided. The best available
flood hazard data may be depicted on but not limited to Advisory Flood
Hazard Area Maps, work maps, or preliminary FIS and FIRM.
The most recent available preliminary flood elevation guidance
FEMA has provided. The best available flood hazard data may be depicted
on but not limited to Advisory Flood Hazard Area Maps, work maps,
or preliminary FIS and FIRM.
Any type of wall subject to flooding that is not required
to provide structural support to a building or other structure and
that is designed and constructed such that, below the local design
flood elevation, it will collapse under specific lateral loads such
that 1) it allows the free passage of floodwaters, and 2) it does
not damage the structure or supporting foundation system. Certification
in the V Zone certificate of the design, plans, and specifications
by a licensed design professional that these walls are in accordance
with accepted standards of practice is required as part of the permit
application for new and substantially improved V Zone and Coastal
A Zone structures. A completed certification must be submitted at
permit application.
Per the FHACA, "building" means a structure enclosed with
exterior walls or fire walls, erected and framed of component structural
parts, designed for the housing, shelter, enclosure, and support of
individuals, animals, or property of any kind. A building may have
a temporary or permanent foundation. A building that is intended for
regular human occupation and/or residence is considered a habitable
building.
A conditional letter of map revision (CLOMR) is FEMA's
comment on a proposed project that would, upon construction, affect
the hydrologic or hydraulic characteristics of a flooding source and
thus result in the modification of the existing regulatory floodway,
the effective base flood elevations (BFEs), or the special flood hazard
area (SFHA). The letter does not revise an effective NFIP map; it
indicates whether the project, if built as proposed, would be recognized
by FEMA. FEMA charges a fee for processing a CLOMR to recover the
costs associated with the review that is described in the letter of
map change (LOMC) process. Building permits cannot be issued based
on a CLOMR, because a CLOMR does not change the NFIP map.
A conditional letter of map revision - fill (CLOMR-F) is
FEMA's comment on a proposed project involving the placement
of fill outside of the regulatory floodway that would, upon construction,
affect the hydrologic or hydraulic characteristics of a flooding source
and thus result in the modification of the existing regulatory floodway,
the effective base flood elevations (BFEs), or the special flood hazard
area (SFHA). The letter does not revise an effective NFIP map; it
indicates whether the project, if built as proposed, would be recognized
by FEMA. FEMA charges a fee for processing a CLOMR to recover the
costs associated with the review that is described in the letter of
map change (LOMC) process. Building permits cannot be issued based
on a CLOMR, because a CLOMR does not change the NFIP map.
Per the FHACA, "critical building" means that:
It is essential to maintaining continuity of vital government
operations and/or supporting emergency response, sheltering, and medical
care functions before, during, and after a flood, such as a hospital,
medical clinic, police station, fire station, emergency response center,
or public shelter; or
It serves large numbers of people who may be unable to leave
the facility through their own efforts, thereby hindering or preventing
safe evacuation of the building during a flood event, such as a school,
college, dormitory, jail or detention facility, day-care center, assisted
living facility, or nursing home.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, tanks,
temporary structures, temporary or permanent storage of materials,
mining, dredging, filling, grading, paving, excavations, drilling
operations and other land-disturbing activities.
A combination of measures that results in a nonresidential
structure, including the attendant utilities and equipment as described
in the latest version of ASCE 24, being watertight with all elements
substantially impermeable and with structural components having the
capacity to resist flood loads.
A building that has no basement and that has its lowest elevated
floor raised above ground level by foundation walls, shear walls,
posts, piers, pilings, or columns. Solid perimeter foundations walls
are not an acceptable means of elevating buildings in V and VE Zones.
An administrative tool of the National Flood Insurance Program
(NFIP) that can be used to provide elevation information, to determine
the proper insurance premium rate, and to support an application for
a letter of map amendment (LOMA) or letter of map revision based on
fill (LOMR-F).
The placement of fill, excavation, buildings, permanent structures
or other development into a flood hazard area which may impede or
alter the flow capacity of riverine flood hazard areas.
Any publication authored or referenced by FEMA related to
building science, building safety, or floodplain management related
to the National Flood Insurance Program. Publications shall include
but are not limited to technical bulletins, desk references, and American
Society of Civil Engineers Standards documents, including ASCE 24.
Per the FHACA, the peak water surface elevation that will
occur in a water during the flood hazard area design flood. This elevation
is determined via available flood mapping adopted by the state, flood
mapping published by FEMA (including effective flood mapping dated
on or after January 31, 1980, or any more recent advisory, preliminary,
or pending flood mapping; whichever results in higher flood elevations,
wider floodway limits, greater flow rates, or indicates a change from
an A Zone to a V Zone or Coastal A Zone), approximation, or calculation
pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-3.1
through 7:13-3.6 and is typically higher than FEMA's base flood
elevation. A water that has a drainage area measuring less than 50
acres does not possess, and is not assigned, a flood hazard area design
flood elevation.
The official map on which the Federal Emergency Management
Agency has delineated both the areas of special flood hazard and the
risk premium zones applicable to the community.
The official report in which the Federal Emergency Management
Agency has provided flood profiles, as well as the Flood Insurance
Rate Map(s) and the water surface elevation of the base flood.
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
The overflow of inland or tidal waters.
The unusual and rapid accumulation or runoff of surface waters
from any source.
Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in Subsection (1)(b) of this definition and are akin to a river or liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection (1)(a) of this definition.
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance, and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
Any land area susceptible to being inundated by water from
any source. See "flood or flooding."
Any combination of structural and nonstructural additions,
changes, or adjustments to structures which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents.
Certification by a licensed design professional that the
design and methods of construction for floodproofing a nonresidential
structure are in accordance with accepted standards of practice to
a proposed height above the structure's lowest adjacent grade
that meets or exceeds the local design flood elevation. A completed
floodproofing certificate is required at permit application.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
0.2 foot.
A factor of safety usually expressed in feet above a flood
level for purposes of floodplain management. "Freeboard" tends to
compensate for the many unknown factors that could contribute to flood
heights greater than the height calculated for a selected size flood
and floodway conditions, such as wave action, bridge openings, and
the hydrological effect of urbanization of the watershed.
A use that cannot perform its intended purpose unless it
is located or carried out in close proximity to water, including only
docking facilities, port facilities necessary for the loading or unloading
of cargo or passengers, and shipbuilding and ship repair facilities.
The term does not include long-term storage or related manufacturing
facilities.
Pursuant to the FHACA Rules (N.J.A.C. 7:13), means a building
that is intended for regular human occupation and/or residence. Examples
of a habitable building include a single-family home, duplex, multiresidence
building, or critical building; a commercial building such as a retail
store, restaurant, office building, or gymnasium; an accessory structure
that is regularly occupied, such as a garage, barn, or workshop; mobile
and manufactured homes, and trailers intended for human residence,
which are set on a foundation and/or connected to utilities, such
as in a mobile home park (not including campers and recreational vehicles);
and any other building that is regularly occupied, such as a house
of worship, community center, or meeting hall, or animal shelter that
includes regular human access and occupation. Examples of a nonhabitable
building include a bus stop shelter, utility building, storage shed,
self-storage unit, construction trailer, or an individual shelter
for animals such as a doghouse or outdoor kennel.
As related to § 88-59G of this section, meaning the exceptional hardship that would result from a failure to grant the requested variance. The Town of Clinton Land Use Board requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Per the FHACA, means an existing fill, structure and/or use,
which meets all federal, state, and local laws, and which is not in
violation of the FHACA because it was established:
Prior to January 31, 1980; or
On or after January 31, 1980, in accordance with the requirements
of the FHACA as it existed at the time the fill, structure and/or
use was established.
|
Note: Substantially damaged properties and substantially improved
properties that have not been elevated are not considered "lawfully
existing" for the purposes of the NFIP. This definition is included
in this section to clarify the applicability of any more stringent
statewide floodplain management standards required under the FHACA.
|
A letter of map amendment (LOMA) is an official amendment,
by letter, to an effective National Flood Insurance Program (NFIP)
map that is requested through the letter of map change (LOMC) process.
A LOMA establishes a property's location in relation to the special
flood hazard area (SFHA). LOMAs are usually issued because a property
has been inadvertently mapped as being in the floodplain but is actually
on natural high ground above the base flood elevation. Because a LOMA
officially amends the effective NFIP map, it is a public record that
the community must maintain. Any LOMA should be noted on the community's
master flood map and filed by panel number in an accessible location.
The letter of map change (LOMC) process is a service provided
by FEMA for a fee that allows the public to request a change in flood
zone designation in an area of special flood hazard on a Flood Insurance
Rate Map (FIRM). Conditional letters of map revision, conditional
letters of map revision - fill, letters of map revision, letters of
map revision-fill, and letters of map amendment are requested through
the letter of map change (LOMC) process.
A letter of map revision (LOMR) is FEMA's modification
to an effective Flood Insurance Rate Map (FIRM). Letters of map revision
are generally based on the implementation of physical measures that
affect the hydrologic or hydraulic characteristics of a flooding source
and thus result in the modification of the existing regulatory floodway,
the effective base flood elevations (BFEs), or the special flood hazard
area (SFHA). The LOMR officially revises the Flood Insurance Rate
Map (FIRM) and sometimes the Flood Insurance Study (FIS) report, and
when appropriate, includes a description of the modifications. The
LOMR is generally accompanied by an annotated copy of the affected
portions of the FIRM or FIS report. Because a LOMR officially revises
the effective NFIP map, it is a public record that the community must
maintain. Any LOMR should be noted on the community's master
flood map and filed by panel number in an accessible location.
A letter of map revision based on fill (LOMR-F) is FEMA's
modification of the special flood hazard area (SFHA) shown on the
Flood Insurance Rate Map (FIRM) based on the placement of fill outside
the existing regulatory floodway and may be initiated through the
letter of map change (LOMC) process. Because a LOMR-F officially revises
the effective Flood Insurance Rate Map (FIRM), it is a public record
that the community must maintain. Any LOMR-F should be noted on the
community's master flood map and filed by panel number in an
accessible location.
Shall refer to either a New Jersey licensed professional
engineer, licensed by the New Jersey State Board of Professional Engineers
and Land Surveyors, or a New Jersey licensed architect, licensed by
the New Jersey State Board of Architects.
Shall refer to individuals licensed by the New Jersey State
Board of Professional Engineers and Land Surveyors.
The elevation reflective of the most recent available preliminary
flood elevation guidance FEMA has provided as depicted on but not
limited to Advisory Flood Hazard Area Maps, work maps, or preliminary
FIS and FIRM which is also inclusive of freeboard specified by the
New Jersey Flood Hazard Area Control Act and Uniform Construction
Codes and any additional freeboard specified in a community's
ordinance. In no circumstances shall a project's LDFE be lower
than a permit-specified flood hazard area design flood elevation or
a valid NJDEP flood hazard area verification letter plus the freeboard
as required in ASCE 24 and the effective FEMA base flood elevation.
The lowest point of ground, patio, or sidewalk slab immediately
next a structure, except in AO Zones where it is the natural grade
elevation.
In A Zones, the lowest floor is the top surface of the lowest
floor of the lowest enclosed area (including basement). In V Zones
and Coastal A Zones, the bottom of the lowest horizontal structural
member of a building is the lowest floor. An unfinished or flood-resistant
enclosure, usable solely for the parking of vehicles, building access
or storage in an area other than a basement is not considered a building's
lowest floor, provided that such enclosure is not built so as to render
the structure in violation of other applicable nonelevation design
requirements of these regulations.
A structure that is transportable in one or more sections,
eight feet or more in width and greater than 400 square feet, built
on a permanent chassis, designed for use with or without a permanent
foundation when attached to the required utilities, and constructed
to the Federal Manufactured Home Construction and Safety Standards
and rules and regulations promulgated by the U.S. Department of Housing
and Urban Development. The term also includes mobile homes, park trailers,
travel trailers and similar transportable structures that are placed
on a site for 180 consecutive days or longer.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
The price at which a property will change hands between a
willing buyer and a willing seller, neither party being under compulsion
to buy or sell and both having reasonable knowledge of relevant facts.
As used in these regulations, the term refers to the market value
of buildings and structures, excluding the land and other improvements
on the parcel. Market value shall be determined by one of the following
methods: 1) Actual cash value (replacement cost depreciated for age
and quality of construction); 2) tax assessment value adjusted to
approximate market value by a factor provided by the property appraiser;
or 3) established by a qualified independent appraiser.
Structures for which the start of construction commenced
on or after the effective date of the first floodplain regulation
adopted by a community; includes any subsequent improvements to such
structures. New construction includes work determined to be a substantial
improvement.
Pursuant to ASCE 24, any building or structure or portion
thereof that is not classified as residential.
This term refers to types of work excluded from construction
permitting under N.J.A.C. 5:23 in the March 5, 2018, New Jersey Register.
Some of these types of work must be considered in determinations of
substantial improvement and substantial damage in regulated floodplains
under 44 CFR 59.1. These types of work include but are not limited
to replacements of roofing, siding, interior finishes, kitchen cabinets,
plumbing fixtures and piping, HVAC and air-conditioning equipment,
exhaust fans, built-in appliances, electrical wiring, etc. Improvements
necessary to correct existing violations of state or local health,
sanitation, or code enforcement officials which are the minimum necessary
to ensure safe living conditions and improvements of historic structures
as discussed in 44 CFR 59.1 shall not be included in the determination
of ordinary maintenance and minor work.
A vehicle that is built on a single chassis, 400 square feet
or less when measured at the largest horizontal projection, designed
to be self-propelled or permanently towable by a light-duty truck,
and designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use. A recreational vehicle is ready for highway use if it is on its
wheels or jacking system, is attached to the site only by quick-disconnect-type
utilities and security devices and has no permanently attached additions.
Pursuant to ASCE 24:
Buildings and structures and portions thereof where people live
or that are used for sleeping purposes on a transient or nontransient
basis;
Structures including but not limited to one- and two-family
dwellings, townhouses, condominiums, multifamily dwellings, apartments,
congregate residences, boardinghouses, lodging houses, rooming houses,
hotels, motels, apartment buildings, convents, monasteries, dormitories,
fraternity houses, sorority houses, vacation time-share properties;
and
Institutional facilities where people are cared for or live
on a twenty-four-hour basis in a supervised environment, including
but not limited to board and care facilities, assisted living facilities,
halfway houses, group homes, congregate care facilities, social rehabilitation
facilities, alcohol and drug centers, convalescent facilities, hospitals,
nursing homes, mental hospitals, detoxification facilities, prisons,
jails, reformatories, detention centers, correctional centers, and
prerelease centers.
The storage, treatment, utilization, processing or final
disposition of solid waste as described in N.J.A.C. 7:26-1.6 or the
storage of unsecured materials as described in N.J.A.C. 7:13-2.3 for
a period of greater than six months as specified in N.J.A.C. 7:26
which have been discharged, deposited, injected, dumped, spilled,
leaked, or placed into any land or water such that such solid waste
may enter the environment or be emitted into the air or discharged
into any waters, including groundwaters.
The greater of the following:
Land in the floodplain within a community subject to a 1% or
greater chance of flooding in any given year, shown on the FIRM as
Zone V, VE, V1-30, A, AO, A1-30, AE, A99, or AH;
Land and the space above that land, which lies below the peak
water surface elevation of the flood hazard area design flood for
a particular water, as determined using the methods set forth in the
New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13;
Riparian buffers as determined in the New Jersey Flood Hazard
Area Control Act in N.J.A.C. 7:13. Also referred to as the "area of
special flood hazard."
The start of construction is as follows:
For other than new construction or substantial improvements,
under the Coastal Barrier Resources Act (CBRA),[2] this is the date the building permit was issued, provided
that the actual start of construction, repair, rehabilitation, addition,
placement or other improvement was within 180 days of the permit date.
The actual start means either the first placement of permanent construction
of a building on site, such as the pouring of a slab or footing, the
installation of piles, the construction of columns or any work beyond
the stage of excavation, or the placement of a manufactured (mobile)
home on a foundation. For a substantial improvement, actual start
of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
For the purposes of determining whether proposed construction
must meet new requirements when National Flood Insurance Program (NFIP)
maps are issued or revised and base flood elevations (BFEs) increase
or zones change, the start of construction includes substantial improvement
and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition
placement, or other improvement was within 180 days of the permit
date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab
or footings, the installation of piles, the construction of columns,
or any work beyond the stage of excavation, or the placement of a
manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading, and filling;
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. Such
development must also be permitted and must meet new requirements
when National Flood Insurance Program (NFIP) maps are issued or revised,
and base flood elevations (BFEs) increase or zones change. For a substantial
improvement, the actual start of construction means the first alteration
of any wall, ceiling, floor, or other structural part of a building,
whether or not that alteration affects the external dimensions of
the building. For determining if new construction and substantial
improvements within the Coastal Barrier Resources System (CBRS) can
obtain flood insurance, a different definition applies.
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally aboveground.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure taking place, the cost of which equals or exceeds 50%
of the market value of the structure before the start of construction
of the improvement. This term includes structures which have incurred
substantial damage, regardless of the actual repair work performed.
The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local code enforcement officer and
which are the minimum necessary to ensure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an
historic structure.
The period of time prescribed by N.J.S.A. 40:49-5 in which
a property owner is afforded the opportunity to correct zoning and
solid waste disposal after a notice of violation pertaining to this
section has been issued.
Buildings and structures of an accessory character and miscellaneous
structures not classified in any special occupancy, as described in
ASCE 24.
A grant of relief from the requirements of this section which
permits construction in a manner otherwise prohibited by this section
where specific enforcement would result in unnecessary hardship.
A development that is not fully compliant with these regulations
or the flood provisions of the Building Code. A structure or other
development without the elevation certificate, other certifications,
or other evidence of compliance required in this section is presumed
to be in violation until such time as that documentation is provided.
The height, in relation to the North American Vertical Datum
(NAVD) of 1988 (or other datum, where specified), of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine
areas.
A river, creek, stream, channel, or other topographic feature
in, on, through, or over which water flows at least periodically.
Floodproofing method that relies on the use of flood-damage-resistant
materials and construction techniques in areas of a structure that
are below the local design flood elevation by intentionally allowing
them to flood. The application of wet floodproofing as a flood protection
technique under the National Flood Insurance Program (NFIP) is limited
to enclosures below elevated residential and nonresidential structures
and to accessory and agricultural structures that have been issued
variances by the community.
[2]
Editor's Note: See 16 U.S.C. § 3501 et seq.
J.
Subdivisions and other developments.
(1)
General. Any subdivision proposal, including proposals for manufactured
home parks and subdivisions, or other proposed new development in
a flood hazard area shall be reviewed to ensure that:
(a)
All such proposals are consistent with the need to minimize
flood damage.
(b)
All public utilities and facilities, such as sewer, gas, electric
and water systems, are located and constructed to minimize or eliminate
flood damage.
(c)
Adequate drainage is provided to reduce exposure to flood hazards;
in Zones AH and AO, adequate drainage paths shall be provided to guide
floodwater around and away from structures.
(2)
Subdivision requirements. Where any portion of proposed subdivisions,
including manufactured home parks and subdivisions, lies within a
flood hazard area, the following shall be required:
(a)
The flood hazard area, including floodways, coastal high hazard
areas, and Coastal A Zones, and base flood elevations, as appropriate,
shall be delineated on tentative subdivision plats.
(b)
Residential building lots shall be provided with adequate buildable
area outside the floodway.
(c)
The design criteria for utilities and facilities set forth in
these regulations and appropriate codes shall be met.
K.
Site improvement.
(1)
Encroachment in floodways. Development, land-disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with § 88-59E(3)(a) of these regulations, that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flood discharge. If § 88-59E(3)(a) is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with § 88-59O(2) of this section and the floodway requirements of N.J.A.C. 7:13.
(3)
Sewer facilities. All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with the New Jersey septic system regulations contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into floodwaters, or impairment of the facilities and systems.
(4)
Water facilities. All new and replacement water facilities shall be designed in accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.
(5)
Storm drainage. Storm drainage shall be designed to convey the flow
of surface waters to minimize or eliminate damage to persons or property.
(6)
Streets and sidewalks. Streets and sidewalks shall be designed to
minimize potential for increasing or aggravating flood levels.
(7)
Limitations on placement of fill. Subject to the limitations of these
regulations, fill shall be designed to be stable under conditions
of flooding, including rapid rise and rapid drawdown of floodwater,
prolonged inundation, and protection against flood-related erosion
and scour. In addition to these requirements, when intended to support
buildings and structures (Zone A only), fill shall comply with the
requirements of the UCC (N.J.A.C. 5:23). Proposed fill and encroachments
in flood hazard areas shall comply with the flood storage displacement
limitations of N.J.A.C. 7:13.
(8)
Hazardous materials. The placement or storage of any containers holding
hazardous substances in a flood hazard area is prohibited unless the
provisions of N.J.A.C. 7:13, which cover the placement of hazardous
substances and solid waste, are met.
L.
Manufactured homes.
(1)
General. All manufactured homes installed in flood hazard areas shall
be installed pursuant to the Nationally Preemptive Manufactured Home
Construction and Safety Standards Program (24 CFR 3280).
(2)
Elevation. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in § 88-59O(2).
(3)
Foundations. All new, relocated, and replacement manufactured homes,
including substantial improvement of existing manufactured homes,
shall be placed on foundations as specified by the manufacturer only
if the manufacturer's installation instructions specify that
the home has been designed for flood-resistant considerations and
provides the conditions of applicability for velocities, depths, or
wave action as required by 24 CFR 3285-302. The Floodplain Administrator
is authorized to determine whether the design meets or exceeds the
performance necessary based upon the proposed site location conditions
as a precondition of issuing a flood damage prevention permit. If
the Floodplain Administrator determines that the home's performance
standards will not withstand the flood loads in the proposed location,
the applicant must propose a design certified by a New Jersey licensed
design professional and in accordance with 24 CFR 3285.301(c) and
(d) which conforms with ASCE 24, the accepted standard of engineering
practice for flood-resistant design and construction.
(4)
Anchoring. All new, relocated, and replacement manufactured homes
to be placed or substantially improved in a flood hazard area shall
be installed using methods and practices which minimize flood damage
and shall be securely anchored to an adequately anchored foundation
system to resist flotation, collapse and lateral movement. This requirement
is in addition to applicable state and local anchoring requirements
for resisting wind forces.
(5)
Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the requirements of § 88-59O(2).
(6)
Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in § 88-59O(2) of these regulations.
(a)
Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by § 88-59O(2), the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).
M.
Recreational vehicles.
(1)
Placement prohibited. The placement of recreational vehicles shall
not be authorized in coastal high hazard areas and in floodways.
(2)
Temporary placement. Recreational vehicles in flood hazard areas
shall be fully licensed and ready for highway use and shall be placed
on a site for less than 180 consecutive days.
N.
Tanks. Underground and aboveground tanks shall be designed, constructed,
installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.
O.
Other development and building work.
(1)
General requirements for other development and building work. All
development and building work, including man-made changes to improved
or unimproved real estate for which specific provisions are not specified
in these regulations or the Uniform Construction Code (N.J.A.C. 5:23),
shall:
(a)
Be located and constructed to minimize flood damage;
(b)
Meet the limitations of § 88-59E(3)(a) of this section when located in a regulated floodway;
(c)
Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the local design flood elevation determined according to § 88-59B(3);
(d)
Be constructed of flood-damage-resistant materials as described
in ASCE 24, Chapter 5;
(e)
Have mechanical, plumbing, and electrical systems above the local design flood elevation determined according to § 88-59B(3) or meet the requirements of ASCE 24, Chapter 7, which requires that attendant utilities are located above the local design flood elevation unless the attendant utilities and equipment are:
(f)
Not exceed the flood storage displacement limitations in fluvial
flood hazard areas in accordance with N.J.A.C. 7:13; and
(g)
Not exceed the impacts to frequency or depth of off-site flooding
as required by N.J.A.C. 7:13 in floodways.
(2)
Requirements for habitable buildings and structures.
(a)
Construction and elevation in A Zones, not including Coastal
A Zones.
[1]
No portion of a building is located within a V Zone.
[2]
No portion of a building is located within a Coastal A Zone, unless a licensed design professional certifies that the building's foundation is designed in accordance with ASCE 24, Chapter 4.
[3]
All new construction and substantial improvement of any habitable building (as defined in § 88-59I) located in flood hazard areas shall have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in § 88-59B(3), be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate.
[4]
All new construction and substantial improvements of nonresidential
structures shall:
[a]
Have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in § 88-59B(3), be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate; or
[b]
Together with the attendant utility and sanitary
facilities, be designed so that, below the local design flood elevation,
the structure:
[i]
Meets the requirements of ASCE 24, Chapters 2 and 7; and
[ii]
Is constructed according to the design plans and specifications
provided at permit application and signed by a licensed design professional,
is certified by that individual in a floodproofing certificate, and
is confirmed by an elevation certificate.
[5]
All new construction and substantial improvements with fully
enclosed areas below the lowest floor shall be used solely for parking
of vehicles, building access, or storage in an area other than a basement
and which are subject to flooding. Enclosures shall:
[a]
For habitable structures, be situated at or above
the adjoining exterior grade along at least one entire exterior wall,
in order to provide positive drainage of the enclosed area in accordance
with N.J.A.C. 7:13; enclosures (including crawlspaces and basements)
which are below grade on all sides are prohibited;
[b]
Be designed to automatically equalize hydrostatic
flood forces on exterior walls by allowing for the entry and exit
of floodwaters, unless the structure is nonresidential and the requirements
of § 88-59O(2)(a)[4][b] are met;
[c]
Be constructed to meet the requirements of ASCE
24, Chapter 2;
[d]
Have openings documented on an elevation certificate;
and
[e]
Have documentation that a deed restriction has
been obtained for the lot if the enclosure is greater than six feet
in height. This deed restriction shall be recorded in the office of
the County Clerk or the Registrar of Deeds and Mortgages in which
the building is located, shall conform to the requirements in N.J.A.C.
7:13, and shall be recorded within 90 days of receiving a Flood Hazard
Area Control Act permit or prior to the start of any site disturbance
(including preconstruction earth movement, removal of vegetation and
structures, or construction of the project), whichever is sooner.
Deed restrictions must explain and disclose that:
[i]
The enclosure is likely to be inundated by floodwaters which
may result in damage and/or inconvenience.
[ii]
The depth of flooding that the enclosure would experience to
the flood hazard area design flood elevation.
[iii]
The deed restriction prohibits habitation of the enclosure and
explains that converting the enclosure into a habitable area may subject
the property owner to enforcement.
(3)
Garages and accessory storage structures. Garages and accessory storage
structures shall be designed and constructed in accordance with the
Uniform Construction Code.
(4)
Fences. Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of § 88-59E(3)(a) of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain-link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in § 88-59G of this section.
(5)
Retaining walls, sidewalks, and driveways. Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of § 88-59E(3)(a) of these regulations and N.J.A.C. 7:13.
(6)
Swimming pools. Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Aboveground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of § 88-59E(3)(a) of these regulations. Aboveground swimming pools are prohibited in floodways by N.J.A.C. 7:13.
(7)
Roads and watercourse crossings.
(a)
For any railroad, roadway, or parking area proposed in a flood
hazard area, the travel surface shall be constructed at least one
foot above the flood hazard area design elevation in accordance with
N.J.A.C. 7:13.
(b)
Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of § 88-59E(3)(a) of these regulations.
P.
Temporary structures and temporary storage.
(1)
Temporary structures. Temporary structures shall be erected for a
period of less than 180 days. Temporary structures shall be anchored
to prevent flotation, collapse or lateral movement resulting from
hydrostatic loads, including the effects of buoyancy, during conditions
of the base flood. Fully enclosed temporary structures shall have
flood openings that are in accordance with ASCE 24 to allow for the
automatic entry and exit of floodwaters.
(2)
Temporary storage. Temporary storage includes storage of goods and
materials for a period of less than 180 days. Stored materials shall
not include hazardous materials.
(3)
Floodway encroachment. Temporary structures and temporary storage in floodways shall meet the requirements of § 88-59E(3)(a) of these regulations.
Q.
Utility and miscellaneous Group U.
(1)
Utility and miscellaneous Group U. In accordance with Section 312
of the International Building Code, utility and miscellaneous Group
U includes buildings and structures that are accessory in character
and miscellaneous structures not classified in any specific occupancy
in the Building Code, including, but not limited to, agricultural
buildings, aircraft hangars (accessory to a one- or two-family residence),
barns, carports, communication equipment structures (gross floor area
less than 1,500 square feet), fences more than six feet (1,829 mm)
high, grain silos (accessory to a residential occupancy), livestock
shelters, private garages, retaining walls, sheds, stables, tanks
and towers.
(2)
Flood loads. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the local design flood elevation as determined in § 88-59B(3).
(3)
Elevation. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the local design flood elevation as determined in § 88-59B(3) and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.
(4)
Enclosures below base flood elevation. Fully enclosed areas below the design flood elevation shall be constructed in accordance with § 88-59O(2) and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawlspace having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.
(5)
Flood-damage-resistant materials. Flood-damage-resistant materials shall be used below the local design flood elevation determined in § 88-59B(3).
(6)
Protection of mechanical, plumbing, and electrical systems. Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air-conditioning, plumbing fixtures, duct systems, and other service equipment shall be elevated to or above the local design flood elevation determined in § 88-59B(3).
(a)
Exception: Electrical systems, equipment and components, and
heating, ventilating, air-conditioning, and plumbing appliances, plumbing
fixtures, duct systems, and other service equipment shall be permitted
to be located below the local design flood elevation, provided that
they are designed and installed to prevent water from entering or
accumulating within the components and to resist hydrostatic and hydrodynamic
loads and stresses, including the effects of buoyancy, during the
occurrence of flooding to the local design flood elevation, in compliance
with the flood-resistant construction requirements of ASCE 24. Electrical
wiring systems shall be permitted to be located below the local design
flood elevation, provided they conform to the provisions of NFPA 70
(National Electric Code).
[Added 5-23-1989 by Ord. No. 86]
The PARD shall be those areas of the Town of
Clinton that are to be and remain permanently protected as parks and
recreation areas and are restricted to passive recreational use, that
is, maintained in their natural and undisturbed state, unless otherwise
specifically designated for active recreational use or to provide
for service facilities as hereinafter defined and designated.
A.
ACTIVE RECREATIONAL USE
PASSIVE RECREATION USE
RECREATIONAL SERVICE FACILITIES
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Leisure time activity, usually of a more formal nature and
performed with others, often requiring equipment and taking place
at prescribed places, sites or fields, including, for example:
Any leisure time activity not considered active, including,
for example:
Those structures supportive of and accessory to an active
or passive recreational use, including, for example:
B.
Designation of uses.
(1)
All lands that are zoned as Parks and Recreation
Districts shall be presumed to be for passive recreational use unless
or until they or sections of them are specifically designated and
developed for active recreational use or for service facilities.
(2)
Within these zoned lands, the location and description
of both active recreational use and service facilities shall be made
and monitored by the Parks and Playgrounds Commission, reviewed by
the Environmental Commission and approved by the Town Council.
(3)
Those areas designated herein that are being
used for active recreation and service facilities at the time of the
enactment of this section shall remain as active recreational uses
or service facilities.
C.
Designation of Parks and Recreation District lands.
(1)
The Zoning District classification of the following
areas which are set forth on the latest revision of the Tax Map of
the Town of Clinton shall be designated on the Official Zoning Map
as PARD Parks and Recreation District:
|
Block
|
Lot
|
Owner - Description
|
Use
| |
|---|---|---|---|---|
|
1
|
60.01
|
Town of Clinton - DeMott Pond
|
Active and service
| |
|
8
|
21
|
State of New Jersey - Spruce Run
|
Passive
| |
|
8
|
23
|
State of New Jersey - Spruce Run
|
Passive
| |
|
15
|
14
|
Hunterdon County - Dunham Park
|
Passive
| |
|
16
|
20.01
|
Town of Clinton - Millview Park
|
Passive and service
| |
|
29
|
3
|
Town of Clinton - Pond Ridge
|
Passive
| |
|
29
|
*
|
Town of Clinton - Kings Crossing
|
Active and service
| |
|
29
|
*
|
Town of Clinton - Kings Crossing
|
Active and service
|
|
NOTES:
* Lot designations to be made upon filing of
subdivision deeds and maps.
| ||||
(2)
It is acknowledged that lands owned by the State
of New Jersey (Block 8, Lot 21, and Block 16, Lot 23) as well as land
owned by Hunterdon County (Block 15, Lot 14) are not subject to this
section; and while most of the state-owned lands prohibit trespassing
at this time, the county-owned land is currently a park whose use
meets the intent of this section. In the future, if any of these lands
pass from state or county ownership, all conditions of this section
shall apply to such lands.
A.
Applicability of regulations. No land or premises
shall be used and no building or structure shall be erected, raised,
moved, extended, enlarged, altered or used for any purpose other than
a purpose permitted herein, for the zone district in which it is located,
and all construction shall be in conformity with the regulations provided
for the zone district in which such building or premises is located.
B.
Provisions applicable to all zones. Each of the subsections and provisions of this section, § 88-60, shall apply to all zone districts unless otherwise stated.
C.
Zoning and building permits.
(1)
No building or structure or part thereof shall be
erected, constructed, reconstructed, structurally altered or moved
until a zoning permit, if necessary, and a building permit have been
procured. All applications shall be filed in accordance with the Building
Code of the Town. The zoning permit shall be issued by the Zoning
Officer; the building permit shall be issued by the Construction Official.
[Amended 10-24-2006 by Ord. No. 06-17]
(2)
No zoning or building permit shall be issued for the
erection, construction, reconstruction, structural alteration or moving
of any building or structure or part thereof, unless the plans and
intended use indicate that such building or structure is designed
and intended to conform in all respects to the provisions of this
article.
(3)
A record of all applications, plot plans and permits
shall be kept by the Construction Official.
(4)
Before a zoning or building permit is issued for a
new building or for an extension or relocation of an existing building
or before a permit is issued for the installation of any improvements
required by this chapter or by a subdivision or site plan approved
by the Land Use Board, a licensed engineer or land surveyor shall
visibly locate said building or improvements together with the lot
lines of the intended site for inspection by the Construction Official.
The Construction Official shall ascertain that all requirements of
this chapter and/or the approved plot plan are complied with before
issuing a building permit.
[Amended 12-10-2013 by Ord. No. 13-20]
(5)
After completion of footings for new buildings, a
location survey shall be made by a land surveyor to ascertain the
exact location of the structure and driveway in respect to lot lines.
(6)
The Construction Official shall revoke any building
permit if he finds that actual conditions or construction does not
adhere either to the plans or specifications submitted to him or to
any other applicable municipal or state regulations.
D.
Certificates of occupancy.
(1)
No land shall be occupied and no building hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Construction Official or, if such be the case, a temporary certificate of occupancy issued pursuant to Subsection D(5).
(2)
A certificate of occupancy shall not be issued until
the land, use, building, structure or premises complies with all provisions
of this chapter and all other applicable Town and state requirements
and, if involved, with such conditions as have been required by any
subdivision or site plan approval. When issued, the certificate of
occupancy shall state that such compliance has been achieved.
(3)
The certificate of occupancy shall specify the use
of land or building and any circumstances or conditions imposed by
any public agency, code or regulations. Any change in use, including
a change from one permitted use to another kind of permitted use in
the same zone, or any additional use will be treated as a new use,
and a new certificate of occupancy shall be required. Prior to the
issuance of a certificate of occupancy for said change in use, all
provisions of this chapter shall be complied with the same as if the
new use were a new structure or a new use of land.
(4)
When a building permit is applied for, a certificate of occupancy shall be applied for at the same time and shall be issued within 10 days after the erection or alteration of the building shall have been completed in accordance with Subsection C. A record of all certificates shall be kept on file in the office of the Construction Official, and copies shall be furnished upon request to any person having a proprietary or leasehold interest in the building or land affected.
(5)
Where a site plan as required by this chapter has
been duly reviewed and approved by the Land Use Board, the erection
or alteration of the building shall not be deemed to be completed
until all the requirements of the approved plot plan are met. Where
weather conditions or other forces beyond the control of the applicant
unduly delay the reasonable occupancy of a building under this subsection,
the Land Use Board may authorize the issuance of a temporary occupancy
permit, provided that the conditions to be met and a termination date
for the temporary occupancy are so stated on the temporary occupancy
permit. This subsection shall not be construed to authorize the Land
Use Board to waive the requirements of any other local, county or
state regulations.
[Amended 12-10-2013 by Ord. No. 13-20]
E.
Existing platted lots. Any lot or plot as recorded
at the time of passage of this chapter that fails to comply with the
minimum requirements of this article may be used for any use not otherwise
prohibited in such district in which it lies, provided that all of
the following requirements are complied with:
(1)
Said lot is in single ownership, as defined in this
chapter.
(2)
All yard requirements are complied with, except that
where the average lot width is less than its zone district requirements,
the side yards may be reduced by the percentage that the lot width
bears to the zone district requirements; provided, however, that no
side yard shall be less than 1/2 the required side yard.
F.
Subdivision of lot. When a new lot or lots are formed from part of a parcel of land, the separation must be effected in such a manner as not to impair any of the provisions of this article. Subdivision shall be effected in accordance with Article VI of this chapter.
G.
Prohibited uses.
[Amended 7-14-2021 by Ord. No. 21-16]
(1)
Any
use that is not specifically permitted in a zone district is prohibited.
(2)
All
classes of cannabis establishments or cannabis distributors or cannabis
delivery services as said terms are defined in section 3 of P.L. 2021,
c. 16, but not the delivery of cannabis items and related supplies
by a delivery service are prohibited in all zoning districts.
H.
Requirements to be met on lot and within zone district.
Unless otherwise provided herein, all yards, open spaces and off-street
parking must be contained on the lot and within the zone district
in which the use is located.
I.
Required area or space. No lot, yard, parking area
or other space shall be so reduced in area or dimension as to make
said area or dimension less than the minimum required under this article.
If already less than the minimum required under this article, said
area or dimension shall not be further reduced.
J.
Principal building. Only one principal building may
be erected on a lot, except for related buildings forming one principal
use in the same ownership and limited to the following:
(1)
Public or institutional building complexes.
(2)
Research, industrial, manufacturing, office or retail
shopping complexes.
(3)
Multifamily dwelling complexes.
(4)
Unless otherwise regulated in this article, no principal
building shall be located closer to another building than the height
of the taller building.
K.
Accessory building. Except as otherwise provided in
this article, buildings which are accessory to a principal use or
building are permitted in all zones as follows:
(1)
Accessory buildings in residence districts.
(a)
No accessory building shall exceed a height
of 15 feet except for accessory buildings used in connection with
farming operations, which shall not exceed a height of 35 feet.
(b)
An accessory building shall not be located closer
than 10 feet to any other building.
(c)
No accessory building shall be located closer
to a street than the principal building. On corner lots, an accessory
building shall not be located closer to a side street than the minimum
front yard requirement for the adjoining lot.
(d)
An accessory building located in a side yard
shall not be closer to the side lot line than the minimum side yard
requirement for a principal building. A farm building or an accessory
building used on a farm shall not be closer to a side lot line than
the height of the building or the minimum side or side yard for a
principal building, whichever is greater.
(e)
An accessory building located in a rear yard
shall not be located closer than five feet to a side or rear lot line.
A farm building or an accessory building used on a farm shall not
be closer to a property line than the height of the building or the
minimum side or rear yard for a principal building, whichever is greater.
(f)
Accessory buildings shall not occupy more than
30% of the rear yard area.
(2)
Accessory buildings in nonresidential districts. Accessory
buildings in nonresidence districts shall meet all the requirements
applicable to principal buildings.
L.
Yards. Every lot must provide front, rear and side
yards as required by its zone district. All front yards must face
upon a dedicated public street or a private street approved by the
Land Use Board. On streets less than 50 feet in width, the required
front yard shall be increased by 1/2 the difference between the width
of the street and 50 feet. If a width greater than 50 feet is shown
on an adopted Master Plan or Official Map, the required front yard
shall be increased by 1/2 the difference between the width of the
street and said greater width.
[Amended 12-10-2013 by Ord. No. 13-20]
M.
Front yard exceptions.
(1)
Where a lot is situated between two lots, each of
which is developed with a principal building which projects beyond
the established building line, the minimum front yard requirement
of such lot may be the average of the front yards of the existing
buildings.
(2)
Where a lot adjoins one lot developed as described
above and a vacant lot, the minimum front yard requirement of such
lot may be the average of the front yard of the existing building
and the required front yard.
(3)
Where in a given block there is a pronounced uniformity
in the alignment of existing buildings in which the front yard depths
are greater or less than required, then any new building shall conform
with the established alignment.
N.
Corner lot. Where a lot is bounded by more than one
street, the front yard setback requirement from each abutting street
shall be met. On a corner lot, the owner may select any street as
the front of the lot, regardless of which direction the building faces.
The yard opposite the front of the lot shall be considered the rear
yard for purposes of meeting the minimum rear yard requirement.
O.
Height exceptions. The height provisions of this article
shall not apply to the erection of farm silos, church spires, belfries,
towers designed exclusively for ornamental purposes, chimneys, flues
or similar appurtenances. The height provisions of this article shall,
moreover, not apply to bulkheads, elevator enclosures, water tanks
or similar accessory structures occupying an aggregate of 20% or less
of the area of the roof on which they are located, and further provided
that such structures do not exceed the height limit by more than 10
feet and are fully screened. Nothing in this article shall prevent
the erection above the height limitation of a parapet wall or corn
ice extending above such height limit not more than three feet.
[Amended 12-18-1984 by Ord. No. 84-17; 12-10-1985 by Ord. No. 85-25]
P.
Temporary permits for certain transportable structures.
No transportable or wheel-based structure or other temporary structure
used as an office, storage shed or other use incidental to and in
connection with a permitted construction project or building shall
be placed on the site unless the Construction Official shall first
have issued a temporary permit therefor; such structure shall not
be located so as to be detrimental to any adjoining property and shall
be removed from the site prior to the issuance of a certificate of
occupancy for the permitted construction project or building.
Q.
Outdoor storage. In the commercial and industrial
districts, no article or material shall be kept, stored or displayed
outside the confines of a building unless the same is screened by
special planting or a fence as approved by the Land Use Board. No
storage area shall be located in a front yard nor in a side yard adjoining
a street. Said storage area shall meet the location requirements for
accessory buildings. In the office building districts, outdoor storage
is prohibited. This shall not be deemed to include display and sale
of seasonal farm produce or specifically permitted outdoor uses, the
outdoor parking of farm machinery or vehicles in use on a farm or
normal outdoor storage, such as storage of firewood, in residential
zones.
[Amended 12-10-2013 by Ord. No. 13-20]
R.
Acquisition of right-of-way or land for public use.
[Amended 3-10-1987 by Ord. No. 87-3]
(1)
Whenever additional street right-of-way is obtained
by the Town of Clinton or the County of Hunterdon or the State of
New Jersey for a road improvement in the Town of Clinton by purchase,
donation, dedication, condemnation or other legal means, the required
minimum lot area of an existing lot shall be reduced by the same area
deeded to the Town, county or state as aforesaid.
(2)
Whenever a portion of a tract of land that is zoned
for nonresidential purposes is determined by the Town Council, in
consultation with the Land Use Board, to be necessary, usable and
desirable for the public good, and such land area comprises 20% or
less of the total area of said tract and is proposed to be donated
to the Town of Clinton by the owner of the tract, and such donation
is accepted by the Town of Clinton for public use, then the permitted
level of development on the remainder of the tract in terms of density
or floor ratio, as defined herein and in N.J.S.A. 40:55D-4, shall
be increased to the extent of the number of units or gross floor area
permitted on the donated and accepted land area; provided, however,
that all developmental regulations for the applicable zone shall be
met on the remainder of the tract.
[Amended 12-10-2013 by Ord. No. 13-20]
S.
Traffic visibility across street corners. On a street
corner, a fence, structure or planting over 24 inches in height above
the curb or edge of roadway shall not be erected or maintained within
a triangle formed by the intersecting street right-of-way lines and
a line connecting said right-of-way lines and located 25 feet from
their point of intersection.
T.
Commercial vehicles in residence districts. Not more
than one commercial vehicle shall be parked or garaged on a lot used
for residential purposes. Said vehicle shall be owned, leased or regularly
used by a resident of the premises and shall be limited to the single
wheel variety. This provision shall not be deemed to limit the number
or type of commercial vehicles in use on a farm and in connection
with the farming operation conducted on the property.
U.
Storage of recreational equipment and vehicles in
residential districts. The outdoor storage or parking in the open
in residential districts of recreational equipment and vehicles, such
as but not limited to trailers of any kind, boats, pickup coaches
and motorized homes, is only permitted subject to the following conditions:
(1)
Any such vehicle or piece of equipment shall be owned
or leased by a resident of the premises.
(2)
Any such vehicle or piece of equipment shall be located
in a side or rear yard only, but in no event in a side yard adjoining
a street.
(3)
Any such vehicle or piece of equipment shall be located
so as to meet yard and setback requirements applicable to accessory
buildings.
(4)
No such parking or storage shall preempt any required
off-street parking area.
(5)
Any such vehicle or piece of equipment shall be screened
from view from an adjoining property or street by fencing or dense
evergreen planting, except where existing natural screening exists
or where topographic conditions would render such screening ineffective.
V.
Public utilities. Nothing in this article shall be
interpreted as prohibiting public utility distribution facilities,
such as water distribution lines, sanitary sewers and telephone and
electric distribution lines along with related attendant facilities
intended for local service, which utility systems are permitted in
all zone districts when approved by the appropriate serving utility
agency.
W.
Similar residences. No one-family or two-family dwelling shall be erected on a lot which is located within a distance of 200 feet measured between nearest lot lines on either the same or opposite side of a street, without regard to intervening streets of a lot containing an existing dwelling or a proposed dwelling for which a building permit has been issued, which is excessively similar in design to said other dwelling. A dwelling shall be construed as being excessively similar in design to another dwelling unless it differs in at least three of the following respects, one of which shall include roof design as designated in Subsection W(6) below:
X.
Home occupations. Home occupations are divided into minor and major types, depending on the intensity of use. Home occupations meeting the criteria for minor home occupations shall be classified as such and allowed in all residential zones and in residential uses in nonresidential zones. Home occupations not meeting the criteria for a minor home occupation shall be considered major home occupations. Major home occupations shall be allowed only in residential uses in the C-1 Zone and in dwelling units, exclusive of multifamily units, in the R-3 Zone fronting on West Main Street between the C-1 Zone and the C-3 Zone and in the R-3 Zone fronting on Leigh Street. Both minor and major home occupations shall be subject to the exclusions in Subsection X(3) below.
[Added 6-24-2003 by Ord. No. 03-10]
(1)
Minor home occupation. A minor home occupation shall
meet all the criteria in this subsection. Prior to commencement of
a minor home occupation, a zoning permit shall be issued by the Zoning
Officer, upon proof of compliance with all of these criteria. Failure
to meet all the criteria shall result in classification as a major
home occupation. The criteria for a minor home occupation are as follows:
(a)
The use shall be conducted entirely within the
dwelling unit, shall not employ any person not residing in the dwelling
unit, and shall be limited to one home occupation per dwelling unit.
(b)
No more than 50% of any floor or basement area
or 250 square feet, whichever is less, of the dwelling unit shall
be used for the minor home occupation.
(c)
No display of products shall be visible from
the street, nor shall any article be sold or offered for sale on the
premises.
(d)
No clients, patrons, or customers may be on
the premises for business of professional purposes at any time.
(e)
The residential character of the dwelling shall
not be changed.
(f)
The home occupation shall not result in any
off-site noise, smoke, odors, particulate emissions, noxious gases,
glare, or heat. Any liquid or solid waste shall be consistent with
that normally generated by a residential dwelling unit.
(g)
No sign identifying or advertising a minor home
occupation shall be permitted.
(h)
Deliveries shall be limited to package services
(e.g., United Parcel Service, FedEx) or use of the resident's passenger
vehicle.
(i)
No additional off-street parking to accommodate
the minor home occupation shall be allowed.
(2)
Major home occupation. A major home occupation shall meet all the criteria within this section and the general provisions of § 88-63, pertaining to conditional uses. Prior to the commencement of any major home occupation, a conditional use permit shall be obtained from the Land Use Board upon site plan review and proof of compliance with all of these criteria. Failure to meet all the criteria shall necessitate a use variance application to the Land Use Board for deviation(s) from a conditional use. The criteria for a major home occupation are as follows:
[Amended 12-10-2013 by Ord. No. 13-20]
(a)
The use shall be conducted entirely within the
dwelling unit or an accessory building, excluding garage space, shall
employ not more than two persons not residing in the dwelling, and
shall be limited to one home occupation per dwelling unit.
(b)
No more than 50% of any floor or basement area
or 500 square feet, whichever is less, of the dwelling unit shall
be used for the major home occupation. If located in an accessory
building, the major home occupation shall not occupy more than 500
square feet of space, exclusive of any garage space. In total, no
more than 500 square feet of building space shall be devoted to the
home occupation.
(c)
No display of products shall be visible from
the street, nor shall any article be sold or offered for sale on the
premises.
(d)
The hours of operation shall be limited to 8:00
a.m. to 8:30 p.m., Monday through Saturday. There shall be no Sunday
hours.
(e)
The residential character of the dwelling and
accessory buildings shall not be changed. The home occupation shall
not result in any off-site noise, smoke, odors, particulate emissions,
noxious gases, glare, or heat. Any liquid or solid waste shall be
consistent with that normally generated by a residential dwelling.
(f)
A sign identifying or advertising a major home occupation shall be permitted in accordance with § 88-64B(2).
(g)
Deliveries shall be limited to package services
(e.g., United Parcel Service, FedEx) or use of the resident's passenger
vehicle.
(h)
Within the C-1 Zone, parking shall be provided
in accordance with the requirements of that zone. Within the R-3 Zones
where major home occupations are permitted, parking to accommodate
the nonresident employees and visitors may be required on-site, based
on site plan review by the Board. Any such parking shall be located
to minimize its impact on the residential use and character of the
property and shall be screened from adjacent residential dwellings.
(3)
Prohibited home occupations.
(a)
Animal breeding and boarding.
(b)
Barber shops, beauty salons and health spas.
(c)
Bed-and-breakfast accommodations; boarding houses.
(d)
Body piercing and tattooing.
(e)
Medical, chiropractic, dental or veterinarian
offices or clinics.
(f)
Motorized vehicle repair, refurbishing or servicing.
(g)
Real estate offices.
(h)
Spray painting and refinishing operations.
(i)
Taxi and limousine services.
(j)
Uses involving hazardous, flammable or explosive
materials.
Y.
Accessory apartments. Accessory apartments shall be
permitted uses in all residential zoning districts, the C-1, C-2,
C-3 and C-4 Zone Districts in accordance to the following.
[Added 7-25-2006 by Ord. No. 06-12]
(1)
The lot shall contain an existing single-family dwelling,
having a minimum floor area of 1,600 square feet, or contain an existing
commercial building having more than one story.
(2)
The property owner undertaking the creation of the
accessory apartment may obtain funding or financing to create the
accessory apartment through the program established by the Town for
the subsidization of same.
(3)
The bulk requirements of the zone in which the accessory
apartment is created shall be met.
(5)
The resulting unit shall be affordable to and shall be occupied by a household qualified as a low- or moderate-income household and shall be regulated as such in accordance with the requirements set forth Article X, except that the unit may be sold or rented without restrictions after only 30 years from the date of initial occupancy.
(6)
There shall be a recorded deed or declaration of covenants and restrictions applied to the property upon which the accessory apartment is located running with the land and limiting its subsequent rental or sale within the requirements of Subsection Y(5) above.
(7)
Each accessory apartment shall have living/sleeping
space, cooking facilities, a kitchen sink and complete sanitary facilities
for the exclusive use of its occupants. It shall consist of no less
than two rooms, one of which shall be a full bathroom.
(8)
Each accessory apartment shall have a separate door
with direct access to the outdoors.
(9)
Each accessory apartment shall be affirmatively marketed
to the housing region.
(10)
Except in the C-1 District, a minimum of three
parking spaces shall be provided on any lot containing an accessory
apartment and the parking space reserved for the accessory apartment
shall be accessible directly and not located in front of or behind
another space.
(11)
At the request of the applicant, the Land Use
Board may exempt the parking area from any of the requirements for
site plan approval, provided that the applicant submits, as part of
the request for exemption, a drawing indicating any proposed changes
to the exterior of the premises. The Board shall take action on the
request for exemption within 30 days of the submission of the request.
[Amended 12-10-2013 by Ord. No. 13-20]
(12)
Applicants for the creation of an accessory
apartment shall submit the following:
(a)
Floor plan sketch showing the location, size
and relation of the accessory apartment to the primary dwelling or
use.
(b)
Rough elevations showing the modification of
any exterior building facade to which changes are sought.
(c)
A site development sketch showing the location
of the existing building, all property lines, proposed addition, if
applicable, minimum building setback lines, and any man-made or environmental
conditions which might affect construction.
Z.
Wireless
telecommunications.
[Added 2-9-2010 by Ord. No. 10-01]
(1)
The purpose of this subsection is to set forth terms and conditions
for the siting of wireless communications towers and antennas within
the geographic boundaries of the Town of Clinton. The goals of this
subsection are to:
(a)
Protect residential areas and land uses from potential adverse
impacts of towers and antennas;
(b)
Protect the historic character of the Town;
(c)
Protect the scenic character of the Town's natural areas;
(d)
Encourage the location of towers in specific areas within the
Town;
(e)
Minimize the total number of towers throughout the Town;
(f)
Strongly encourage the joint use of new and existing tower sites
as a primary option rather than construction of additional single-use
towers;
(g)
Encourage users of towers and antennas to locate them, to the
greatest extent possible, in areas where the adverse impact on the
community is minimal;
(h)
Encourage users of towers and antennas to configure them in
a way that minimizes the adverse visual impact of the towers and antennas
through careful design, siting, landscape screening and innovative
camouflaging techniques;
(i)
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively and
efficiently;
(j)
Consider the public health and safety of communication towers;
and
(k)
Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures.
(2)
In furtherance of these goals, the Town of Clinton shall give due
consideration to the Town of Clinton's Master Plan, Zoning Map, existing
land uses and environmentally sensitive areas in approving sites for
the location of towers and antennas. This subsection further seeks
to comply with the mandate of the Federal Telecommunications Act of
1996, 47 U.S.C. § 332(c)(7), which preserves local zoning
authority to manage with respect to cellular and other wireless telecommunications
services and to enforce zoning requirements that protect public safety,
public and private property and community aesthetics. This subsection
expressly recognizes that the proposed site must be particularly suited
(or suitable) for the proposed facility.
(3)
ANTENNA
APPROVING AUTHORITY
BACKHAUL NETWORK
CO-LOCATION
FAA
FCC
GUYED
HEIGHT
PREEXISTING TOWERS and PREEXISTING ANTENNAS
STEALTH DESIGN
TOWER
VIEWSHED
Definitions. As used in this subsection, the following terms shall
have the meanings set forth below:
Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunications
signals or other communications signals.
The Land Use Board in accordance with applicable Town Code
provisions and applicable state and federal law.
[Amended 12-10-2013 by Ord. No. 13-20]
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices and/or long distance
providers or the public switched telephone network.
The use of wireless telecommunications support facilities
by more than one wireless telecommunications provider.
The Federal Aviation Administration.
The Federal Communications Commission.
A tower which is supported or braced through the use of cables
(guy wires) which are permanently anchored.
When referring to a tower or other antenna structure, the
distance measured from the lowest finished grade of the base of the
tower or other antenna structure to the highest point on the tower
or other antenna structure (excluding a lightening rod), including
the base pad and any antenna.
Any tower or antenna for which a construction permit or other
permit has been properly issued prior to the effective date of this
subsection, including permitted towers or antennas that have not yet
been constructed so long as such approval is current and not expired.
The use of man-made trees, clock towers, bell steeples, light
poles and other similar alternative-design mounting structures to
camouflage and/or conceal the presence of antennas or towers.
Any structure that is designed and constructed primarily
for the purpose of supporting one or more antennas for telephone,
radio and similar communication purposes, including self-supporting
lattice towers, guyed towers or monopole towers. Guyed towers are
not permitted within the Town. The term includes, but is not limited
to, radio and television transmission towers, microwave towers, common-carrier
towers, cellular telephone towers, alternative tower structures and
the like. The term also includes the structure and any support thereto.
An area of land, water or other physical feature visible
from a fixed vantage point.
(4)
Applicability.
(a)
New towers and antennas. All new towers or antennas in the Town
of Clinton shall be subject to these regulations, except as noted
below.
(b)
Amateur radio station operators/receive-only antennas. This
subsection shall not govern any tower, or the installation of any
antenna, that is under 70 feet in height and is owned and operated
by a federally licensed amateur radio station operator or is used
exclusively for receive-only antennas.
(c)
Satellite dish antennas. This subsection shall not govern parabolic
receive-only satellite antennas.
(5)
General requirements.
(a)
Principal or accessory use. Antennas and towers may be considered
either principal or accessory uses. Notwithstanding any other Town
land use regulation, a different existing structure on the same lot
shall not preclude the installation of an antenna or tower on such
lot. If a tower and its appurtenant structures constitute the sole
use of the lot, the tower shall be deemed to be the principal use.
If a tower and its appurtenant structures are not the sole use of
the lot, the tower shall be deemed an accessory use.
(b)
Lot size. For purposes of determining whether the installation
of a tower or antenna complies with zone development regulations,
including but not limited to setback requirements, lot coverage requirements
and other such requirements, the dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased
parcels within such lot.
(c)
Inventory of existing sites. Each applicant for an antenna and/or
tower shall provide to the approving authority an inventory of all
existing towers, antennas or sites approved for towers or antennas
(both those controlled by the applicant as well as its competitors)
that are either within the jurisdiction of the Town of Clinton or
within 12 miles of any border of the Town thereof, including specific
information about the location, height and design of each tower and
the carrier's antennas contained on such towers The Zoning Officer
may share such information with other applicants applying for administrative
approvals or permits under this subsection or other organizations
seeking to locate antennas within the jurisdiction of the Town of
Clinton; provided, however, that the Zoning Officer is not, by sharing
such information, in any way representing or warranting that such
sites are available and/or suitable.
(d)
Aesthetics. Towers and antennas shall meet the following requirements:
[1]
Towers shall be of stealth design as defined herein.
[2]
At a tower site, the design of the buildings and related structures
shall, to the extent possible, use materials, colors, textures, screening
and landscaping that will blend them into the natural setting and
surrounding buildings and shall be located out of public view (visible
from a public street, public land and public buildings) behind existing
structures, buildings or terrain features which will shield the buildings
and related structures from view.
[3]
If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment must
be of neutral color that is identical to, or closely compatible with,
the color of the supporting structure so as to make the antenna and
related equipment as visually unobtrusive as possible.
[4]
Lighting. Towers shall not be artificially lit unless required
by the FAA. It is the intent of the Town that towers shall not exceed
FAA height standards that would require lighting. If lighting is required,
the lighting alternatives and design chosen and approved by the approving
authority must cause the least disturbance to the surrounding views
and to passing birds in flight.
[5]
Franchises. Owners and/or operators of towers or antennas shall
certify that all franchises required by law for the construction and/or
operation of a wireless communications system in the Town of Clinton
have been obtained, and such owners and/or operators shall file a
copy of all required franchises with the Zoning Officer at the time
of application.
[6]
No signs, except for safety and warning signs, shall be allowed
on an antenna or tower.
[7]
Buildings and support equipment. Buildings and support equipment
associated with antennas or towers shall comply with the requirements
of this subsection.
[8]
Multiple antenna/tower plan. The Town of Clinton encourages
and mandates the users of towers and antennas to co-locate antennas
where technically and practically feasible. The Town requires that
all new towers permit co-location of additional antennas.
(6)
Permitted uses, general. The uses listed in this subsection are deemed
to be permitted uses and shall not require a conditional use permit
or variance application.
(a)
Antennas or towers shall be specifically permitted in the following
locations:
[1]
On property owned, leased or otherwise controlled by the Town
of Clinton, provided that a license or lease authorizing such antenna
or tower has been approved by the Town of Clinton. However, the Town
shall, as a condition of such lease, require approval consistent with
this subsection from the Town Land Use Board as a condition of said
license or lease. The decision to extend such lease to an applicant
shall be vested solely with the Town, shall not be governed by this
subsection and shall not be subject to the bidding requirements of
the Local Public Contracts Law of the State of New Jersey (N.J.S.A.
40A:11-1 et seq.). The Town, in its absolute discretion, reserves
the express right to deny any and/or all use of its property for antennas
or towers.
[Amended 12-10-2013 by Ord. No. 13-20]
[2]
In the OB-4 Zone District.
(b)
Any antenna which is not attached to a tower may be attached
to any existing business, industrial, office or institutional structure
located in all districts in the Town if:
(7)
Co-location and rebuilt towers.
(a)
Antennas on existing towers consistent with the terms below.
As detailed above, an antenna may be attached to an existing tower
in all districts and, to minimize adverse visual impacts associated
with the proliferation and clustering of towers, co-location of antennas
by more than one carrier on existing towers shall take precedence
over the construction of new towers, provided that such co-location
is accomplished in a manner consistent with the following:
[1]
A tower which is modified or reconstructed to accommodate the
co-location of an additional antenna shall be of the same tower type
as the existing tower unless the approving authority allows reconstruction
as a monopole.
[2]
Height.
[a]
An existing tower may be modified or rebuilt to
a taller height, not to exceed the maximum tower height standard established
by this subsection.
[b]
The height change referred to above may only occur
one time per each additional user of the tower, up to a maximum of
three times per tower.
[c]
The additional height referred to in Subsection
Z(7)(a)[2][a] above shall not require an additional distance separation
as set forth in this subsection. The tower's premodification height
shall be used to calculate such distance separations.
(b)
On-site location:
[1]
A tower which is being rebuilt to accommodate the co-location
of an additional antenna may be moved on site to within no more than
50 feet of its existing location.
[2]
After a tower is rebuilt to accommodate co-location, only one
tower may remain on the site.
[3]
A relocated on-site tower shall continue to be measured from
the original tower location for purposes of calculating separation
distances between towers. The relocation of a tower hereunder shall
in no way be deemed to cause a violation of the required separation
distances.
(8)
New tower submission requirements. New towers may be constructed
to hold multiple antennas. In addition to any information required
for applications for permits pursuant to applicable Town Code provisions
and state law, applicants for approval for a tower shall submit the
following information to the approving authority:
(a)
A scaled site plan clearly indicating the location, type and
height of the proposed tower, on-site land uses and zoning, adjacent
land uses and zoning (including when adjacent to other municipalities)
and all properties within the applicable separation distances set
forth herein, adjacent roadways, proposed means of access, setbacks
from property lines, elevation drawings of the proposed tower and
any other structures, topography, parking and other information deemed
by the approving authority to be necessary to assess compliance with
this subsection.
(b)
Legal description of the entire tract and leased parcel (if
applicable).
(c)
The setback distance between the proposed tower and the nearest
residential property line, platted residentially zoned properties
and unplatted residentially zoned properties.
(d)
The separation distance between the proposed tower and the nearest
site, structure or building on the State or National Historic Register.
(e)
The separation distance from other towers described in the inventory of existing sites submitted pursuant to Subsection Z(5)(c) shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(f)
A landscape plan showing specific landscape materials, including,
but not limited to, species type, size, spacing and existing vegetation
to be removed or retained.
(g)
Method of fencing and finished color and, if applicable, the
method of camouflage of such fencing.
(h)
A description of compliance with the general requirements subsection
and all applicable federal, state or local laws.
(i)
A notarized statement by the applicant as to whether construction
of the tower will accommodate co-location of additional antennas for
future users.
(j)
Identification of the entities providing the backhaul network
for the tower(s) described in the application and other cellular sites
owned or operated by the applicant in the Town.
(k)
A description of the suitability of the use of existing towers,
other structures or alternative technology not requiring the use of
towers or structures to provide the services to be provided through
the use of the proposed new tower.
(l)
A description of the feasible location(s) of future towers or
antennas for the applicant within the Town of Clinton based upon existing
physical, engineering, technological or geographical limitations in
the event the proposed tower is erected.
(m)
A visual study depicting where, within a one-mile radius, any
portion of the proposed tower could be seen. This should be documented
with photos and scaled photo simulations depicting relevant viewsheds.
(n)
A letter of commitment to lease excess space to other potential
users at prevailing market rates and conditions. The letter of commitment
shall be in a form suitable for recording with the County Clerk prior
to the issuance of any permit and shall commit the tower owner(s),
property owner(s) and their successors in interest.
(o)
Documentary evidence regarding the need for the tower, which
information shall identify the existing wireless network layout and
existing coverage areas to demonstrate the need for the new tower
at a particular location within the Town. The evidence shall include
a radio frequency engineering analysis of the search area for the
tower.
(p)
Availability of suitable existing towers, other structures or
alternative technology. No new tower shall be permitted unless the
applicant demonstrates to the reasonable satisfaction of the approving
authority that no existing tower structure or alternative technology
that does not require the use of towers or structures can accommodate
the applicant's proposed antenna. An applicant shall submit information
requested by the approving authority related to the availability of
suitable existing towers, stealth tower design, other structures or
alternative technology. Evidence submitted to demonstrate that no
existing tower structure or alternative technology can accommodate
the applicant's proposed antenna may consist of any of the following:
[1]
No existing towers or structures are located within the geographic
area which meet the applicant's engineering requirements.
[2]
Existing towers or structures are not of sufficient height to
meet the applicant's engineering requirements.
[3]
Existing towers or structures do not have sufficient structural
strength to support the applicant's proposed antenna and related equipment.
[4]
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
[5]
Documentation that the anticipated fees, costs or contractual
provisions required by the owner in order to share an existing tower
or structure or to adapt an existing tower or structure for sharing
are unreasonable. Costs exceeding new tower development are presumed
to be unreasonable.
[a]
The applicant demonstrates that there are other
limiting factors that render existing towers and structures unsuitable.
[b]
The applicant demonstrates that an alternative
technology that does not require the use of towers or structures,
such as a cable microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
(9)
Site design standards and bulk requirements.
(a)
Setbacks. The following setback requirements shall apply to
all towers.
[1]
Towers must be set back a distance equal to at least 120% of
the height of the tower from any adjoining lot line, road right-of-way
and all nonappurtenant buildings.
[2]
Accessory buildings must satisfy the minimum zoning district
setback requirements.
[3]
No tower shall exist within required landscape buffer or conservation
easement areas.
(b)
Separation. The following separation requirements shall apply
to all towers:
[1]
Separation from off-site uses/designated areas. Tower separation
shall be measured from the base of the tower to the lot line of the
off-site uses and/or designated areas as specified in Table 1, except
as otherwise provided in Table 1.
[2]
Separation requirements for towers shall comply with the minimum
standards established in Table 1 below:
|
Table 1
| |||
|---|---|---|---|
|
Off-Site Use/Designated Area
|
Separation Distance
| ||
|
Base of tower to:
| |||
|
Residences, municipal buildings (unless the tower is on the
municipal building site), libraries or houses of worship
|
300 feet or 300% of the height of the tower, whichever is greater
| ||
|
Site, structure or building which is on the State or National
Historic Register
|
500 feet
| ||
|
Vacant residentially zoned land
|
300 feet or 300% of the height of the tower, whichever is greater
| ||
|
Nonresidentially zoned lands or nonresidential uses
|
At least 120% of the height of the tower from any adjoining
lot line and all nonappurtenant buildings
| ||
|
Public parks and buildings therein, public or private schools
and any site designated on the State and/or Federal Register of Historic
Sites or in an historic district designated in the Town's Master Plan
|
1,750 feet
| ||
(c)
Separation distances between towers. Separation distances between
towers shall be applicable for all proposed towers and shall be measured
between the proposed tower and preexisting towers. The separation
distances shall be measured by drawing or following a straight line
between the base of the existing tower and the proposed base, pursuant
to a site plan, of the proposed/tower. The separation distances (listed
in linear feet) shall be as shown in Table 2 below:
|
Table 2
Separation Distances Between Towers
| ||||
|---|---|---|---|---|
|
Types
| ||||
|
Lattice
(linear feet)
|
Monopole 100 Feet or Greater in Height
(linear feet)
|
Monopole Less Than 100 Feet in Height
(linear feet)
| ||
|
Lattice
|
5,000
|
1,500
|
750
| |
|
Monopole 100 feet or greater in height
|
1,500
|
1,500
|
750
| |
|
Monopole less than 100 feet
|
750
|
750
|
750
| |
(d)
Security fencing. Towers shall be enclosed by security fencing
not less than eight feet in height and shall also be equipped with
an appropriate anticlimbing measures.
(e)
Landscaping. The following requirements shall govern the landscaping
surrounding towers:
[1]
Tower facilities shall be landscaped when a location out of
public view is not possible. A landscape buffer of 20 feet in width
shall be provided outside the fence around the wireless telecommunications
equipment compound to shield the facility from public view. Landscaping
shall include native evergreen and deciduous trees at least eight
feet high at the time of planting, and the number of trees shall be
based on the equivalent of staggered double rows at 15 feet on center.
[2]
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible. In some cases,
such as towers sited on large, wooded lots, natural growth around
the property perimeter may be a sufficient buffer.
[3]
Maintenance requirements. Property owner(s) shall be responsible
for landscaping of the property and maintenance of such landscaping.
(g)
Lot size. The minimum lot size for any new tower shall be as
required for any development in the zone district in which the proposed
tower is to be located.
(10)
Equipment structures and cabinets.
(a)
Antennas mounted on structures or rooftops. The equipment cabinet
or structure used in association with antennas shall comply with the
following:
[1]
The cabinet or structure shall not contain more than 200 square
feet of gross floor area or be more than 10 feet in height. In addition,
for buildings and structures which are less than 48 feet in height,
the related unmanned equipment structure shall be located on the ground
and shall not be located on the roof of the structure.
[2]
The cabinet or structure shall utilize building materials, colors
and a design which is compatible with buildings located within 500
feet of the proposed tower.
[3]
If the equipment structure is located on the roof of a building,
the area of the equipment structure and other equipment and structures
shall not occupy more than 10% of the roof total area.
[4]
Equipment storage buildings or cabinets shall comply with all
applicable building codes.
(b)
Antennas on towers. For antennas located on towers, the related
unmanned equipment structure shall not contain more than 200 square
feet of gross floor area or be more than 10 feet in height and shall
be located in accordance with the minimum accessory structure requirements
of the zoning district in which it is located.
(c)
Structures or cabinets shall be screened from view of all properties
which abut or are directly across the street from the structure or
cabinet by a security fence eight feet in height or an evergreen hedge
with an ultimate height of eight feet and a planted height of at least
six feet.
(11)
Certification requirements; nonrefundable application fees and
escrow deposit.
(12)
Rebuilding damaged or destroyed nonconforming towers or antennas.
Nonconforming towers or antennas that are damaged or destroyed to
the extent that the preexisting, nonconforming use or structure protections
no longer apply under law may not be rebuilt except in compliance
with the provisions of this subsection, including separation provisions.
(13)
Removal of abandoned antennas and towers. Any antenna or tower
that is not operated for a continuous period of six months shall be
considered abandoned, and the owner of such antenna or tower shall
remove same within 90 calendar days of receipt of notice from the
Town of Clinton notifying the owner of such abandonment. Failure to
remove an abandoned antenna or tower within such 90 calendar days
shall be grounds for the Town to require removal of the tower or antenna
at the owner's expense. If there are two or more users of a single
tower, then this provision shall not become effective until all users
cease using the tower.
[1]
Editor's Note: Former § 88-60.1, Growth share provisions,
was repealed 3-11-2020 by Ord. No. 20-02.
A.
Continuance of nonconforming use or structure. Any
lawful nonconforming use which existed at the time of the passage
of this article may be continued and any existing building designed,
arranged, intended or devoted to a nonconforming use may be reconstructed
or structurally altered subject to the following regulations:
(1)
Such building shall in no case be enlarged, unless
the use therein is changed to a conforming use; provided, however,
that the provisions of this subsection shall not apply to an existing
residence located in a nonresidential zone wherein residential uses
are prohibited. Such an existing residence may be extended or enlarged,
provided that the yard requirements of the residential zone whose
minimum lot size requirement most closely approximates the area of
the residential lot are met.
(2)
A nonconforming use shall not be extended at the expense
of a conforming use.
(3)
A nonconforming use changed to a conforming use may
not thereafter be changed back to a nonconforming use.
(4)
A nonconforming use shall not be permitted to be changed
to another nonconforming use.
(5)
In the event that there is a cessation of operation
of any nonconforming use for a period of 12 consecutive calendar months,
the same shall be presumed to be an abandonment of such nonconforming
use. Any subsequent exercise of such abandoned nonconforming use shall
be deemed a violation of the terms of this article, except such shall
not apply to a nonconforming use because of height and area violations.
(6)
A building which is conforming in use but violates
the yard setback or height requirements may not be extended within
any required yard or setback area nor extended above the height limits
of this article.
B.
Restoration of existing buildings. Nothing in this
article shall prevent the restoration of a nonconforming building
partially destroyed by fire, explosion, act of God or act of public
enemy, provided that any building partially destroyed in the manner
aforesaid may be reconstructed and thereafter used only in such a
manner as to not further violate the reasons for nonconformity. Any
building totally destroyed in the manner aforesaid may only be rebuilt
as a conforming use.
C.
Completion of existing buildings. Nothing in this
article shall require any change in plans, construction or designated
use of a building for which a building permit has been heretofore
issued and construction diligently prosecuted within 60 days of the
date of such permit.
D.
Unlawful use not authorized. Nothing in this article
shall be interpreted as authorization for or approval of the continuance
of the use of a structure or premises in violation of zoning regulations
in effect at the time of the effective date of this article.
E.
Nonconforming due to reclassification. The foregoing
provisions of this section shall also apply to buildings, structures,
land or uses which hereafter become nonconforming due to any reclassification
of zone districts under this article or any subsequent change in the
regulations of this article.
[Amended 9-9-2003 by Ord. No. 03-13]
A.
Off-street parking requirements. For all new buildings or uses or additions to existing buildings or uses in all zone districts, except the portions of the C-1 Zone described and regulated in Subsection B below, there shall be provided the number of parking spaces required by the specific use as prescribed in the following schedule:
[Amended 12-10-2013 by Ord. No. 13-20]
|
Uses
|
Required Parking Space
| |
|---|---|---|
|
One-family dwelling
|
2 for each dwelling unit3
| |
|
Two-family dwelling
|
3 for each 2 dwelling units1, 3
| |
|
Multifamily dwelling
|
5 for each 2 dwelling units1, 2
| |
|
Church, auditorium, theater including school
auditorium
|
1 for each 3 seating spaces, or equivalent accommodation
provided
| |
|
Assembly hall, community building, social club,
institution
|
1 for each 150 square feet of floor area
| |
|
Funeral home, mortuary
|
10 for each slumber room
| |
|
Bank, retail store, shop or similar establishment
|
1 for each 180 square feet of retail merchandising
or commercial floor area
| |
|
Restaurant, eating and drinking place
|
1 for each 50 square feet of floor area devoted
to patron use
| |
|
Business professional and executive office
|
1 for each 200 square feet of office area
| |
|
Furniture and appliance store, motor vehicle
sales, wholesale store, building material store and similar hard goods
sales
|
1 for each 400 square feet of floor area
| |
|
Manufacturing plant, research laboratory, industry
|
1 for each 500 square feet of floor area
| |
|
Warehouse, storage building
|
1 for each 1,000 square feet of floor area
| |
|
Hotel
|
1 for each room, plus parking for other facilities,
e.g., public restaurant
| |
|
Data-processing facility
|
1 for each 200 square feet of floor area
| |
|
Medical and dental clinics
|
1 for each 150 square feet of floor area
| |
|
Nursery schools, day care
|
4 for classroom
| |
|
Studios for art, dancing, music, languages,
photography
|
1 for each employee and student at maximum capacity
|
|
NOTES:
1 Garages may be
counted for up to 50% of the required parking.
2 At least one space
per dwelling unit shall be in open parking.
3 Not more than 25%
of the front yard area shall be used for parking.
4If an applicant
requests an increase in the number of parking spaces beyond that required
and the number of additional parking spaces exceeds 5% of the required
number of spaces, the applicant shall justify the greater need for
parking and the Land Use Board must grant specific approval for such
an increase.
5Where parking is
provided within a nonresidential parking garage, the maximum impervious
coverage allowed on site shall be reduced by the area of the under-building
parking spaces, calculated as 190 square feet times the number of
under-building spaces provided.
|
(1)
Any building containing more than one use shall meet
the combined parking space requirements for all uses in the building.
Any change in use within a building shall be required to meet the
minimum parking requirements for the new use.
(2)
Parking space requirements for a use not listed above
shall be determined by the Land Use Board on the basis of requirements
for similar uses and on the basis of the specific nature of the use.
In addition, the Land Use Board shall have the authority to require
a greater number of parking spaces than required above or the reservation
of area for additional future parking if, due to the nature of the
use, a greater number of spaces is likely to be needed now or in the
future.
(3)
If it can be clearly demonstrated that because of
the peculiar nature of any use, all the required parking is not necessary,
the Land Use Board may permit a reduction in the amount of parking
area to be paved; provided, however, that the entire required parking
area shall be shown on the site plan so that it will be available
in the event future conditions should so require.
B.
Downtown parking requirements. Within the area of the C-1 Zone District that lies east of the South Branch of the Raritan River and north of State Route 173, the parking requirements of Subsection A above shall not apply for changes in use. Where a change to the footprint and/or FAR of existing buildings is proposed and parking already exists on site, such changes, shall be designed, to the maximum extent possible, so as not to eliminate existing parking spaces. Nor shall any accessories, such as dumpsters or outdoor storage, occupy existing on-site parking spaces.
C.
Off-street loading requirement. In all districts, except the portions of the C-1 Zone described and regulated in Subsection B above, for every building or use requiring the receipt or distribution in vehicles of materials or merchandise, there shall be maintained on the same premises with such building or use at least one off-street loading space.
E.
Parking and storage of commercial vehicles shall be permitted in
the C-1 Zone District, provided that:
[Added 10-14-2020 by Ord.
No. 20-20]
(1)
Said vehicles are accessory to and related to the principal use of
the property.
(2)
Except while such vehicles are being loaded or unloaded, said vehicles
may not be parked or stored unless in designated and properly striped
parking spaces not less than 75 feet from a public right-of-way, including
sidewalks. Approved commercial uses in existence prior to the adoption
of this subsection, October 14, 2020, shall be exempt from the requirement
that commercial vehicles shall be stored or parked at least 75 feet
from a public right-of-way or sidewalk if such vehicles are parked
in properly striped parking spaces.
(3)
Said vehicles are not disabled and are properly registered and insured,
unless the same are stored or parked in a wholly enclosed garage or
are awaiting repair at a public garage.
(4)
The area in which any such vehicle is to be parked or stored shall
not preempt any off-street parking space required to be provided by
provision of any other land use ordinance of the Town.
(5)
The parking or storing of such vehicle will not interfere with any
site distance requirement.
(6)
No vehicle containing or having displayed upon it any advertising
matter intended to promote the interest of any business shall be parked
or stored in a parking area serving said business unless it is parked
in a side or rear yard of the lot not fronting on a street or in a
wholly enclosed garage.
[Amended 8-10-2004 by Ord. No. 04-07; 12-23-2008 by Ord. No. 08-19; 12-10-2013 by Ord. No. 13-20]
Pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), the Land Use Board may grant conditional use wherever hereinafter permitted in this article. Application for a conditional use shall be made in accordance with the procedures set forth in Article VI of this article for preliminary subdivision plat and/or site plan approval, and the Land Use Board shall act on the application in accordance with said procedures for preliminary subdivision plat and/or site plan approval. Application for a conditional use shall be granted if the same will not be detrimental to the health, safety and general welfare of the community, is not likely to involve unusual risks of traffic safety or traffic congestion and is reasonably necessary for the convenience of the community. In addition to the requirements set forth below, the Board may impose such conditions as it may deem appropriate with respect to, among other matters, traffic and parking arrangement, the amount of off-street parking, building design and appearance and landscaping.
A.
Places of worship and public and private schools teaching
academic subjects.
(2)
There shall be a minimum lot area as required by the
zone district or two acres, whichever is larger, and a minimum street
frontage of 200 feet.
(3)
All buildings shall be located at least 50 feet from
a street, at least 50 feet from a side property line and 75 feet from
a rear property line.
(4)
Any property so used shall front on one of the following
streets: Center, Leigh, Halstead; Ramsey (service) Roads.
(5)
Off-street parking shall be provided in accordance with § 88-62. All parking areas and driveways shall be located at least 10 feet from a street, property line or building.
(6)
There shall be a minimum distance between buildings
of 25 feet, but no less than the height of the shorter building.
(7)
The required setback shall be landscaped to screen
residential uses from building and vehicle lights and on-site activities
by mixed evergreen landscaping or fencing. Vegetative screening material
shall have a minimum height of five feet at installation and a minimum
height of eight feet at maturity.
(8)
Building design shall be consistent with the historic
character of the Town.
B.
Assisted-living facilities.
(1)
Shared access shall be provided with a minimum of
one of the adjacent properties.
(2)
Shared parking shall be provided with a minimum of
one of the adjacent properties.
(3)
Barrier-free gardens and courtyards shall be provided
internal to the site and shall be surrounded by the building(s), to
the extent feasible. The garden shall be consistent with the principles
for a healing garden contained in the 2008 Master Plan Land Use Element.
(4)
Sound levels within the interior of the building shall
not exceed 52 dBA.
(5)
Sound levels within the barrier-free gardens and courtyards
shall not exceed 60 dBA during daytime hours and 55 dBA during evening
hours.
[Amended 2-23-1993 by Ord. No. 93-3; 7-25-1995 by Ord. No.
95-10; 6-24-2003 by Ord. No. 03-10; 9-9-2003 by Ord. No. 03-13; 11-22-2005 by Ord. No. 05-15; 10-24-2006 by Ord. No. 06-18; 4-25-2008 by Ord. No.
08-03; 11-25-2008 by Ord. No. 08-08; 10-13-2009 by Ord. No. 09-15]
A.
Purpose, intent and scope. It is the purpose of this section to promote
the public health, safety and general welfare through reasonable,
consistent and nondiscriminatory sign standards. The sign regulations
in this section are not intended to censor speech or to regulate viewpoints,
but instead are intended to regulate the secondary effects of speech,
and especially insofar as those secondary effects may adversely affect
aesthetics and traffic and pedestrian safety. In order to preserve
and enhance the Town as a desirable community in which to live and
do business, a pleasing, visually attractive environment is of foremost
importance. The regulation of signs within the Town is a highly contributive
means by which to achieve this desired end. These sign regulations
have been prepared with the intent of enhancing the visual environment
of the Town and promoting its continued well-being, and are intended
to:
(1)
Promote the free flow of traffic and protect pedestrians, bicyclists
and motorists from injury and property damage caused by, or which
may be fully or partially attributable to, cluttered, distracting
or illegible signs.
(2)
Promote the use of signs that are aesthetically pleasing and of appropriate
scale to the building(s) to which they relate.
(3)
Promote the use of signs that are integrated with the surrounding
buildings and landscape.
(4)
Promote the use of signs that are compatible with the Town's historic
character.
(5)
Provide functional flexibility, encourage variety and create an incentive
to relate signage to basic principles of good design.
(6)
Lessen the visual clutter that may otherwise be caused by the proliferation,
improper placement, illumination, animation, excessive height and
excessive size (area) of signs which compete for the attention of
pedestrian and vehicular traffic.
(7)
Allow signs that are compatible with their surroundings and aid orientation,
while precluding the placement of signs that contribute to sign clutter
or that conceal or obstruct adjacent land uses or signs.
(8)
Encourage and allow signs that are appropriate to the zoning district
in which they are located and consistent with the category of use
and function to which they pertain.
(9)
Categorize signs based upon the function that they serve and tailor
the regulation of signs based upon their function.
(10)
Preclude signs from conflicting with the principal permitted
use of the site and adjoining sites.
(11)
Preserve, conserve, protect and enhance the aesthetic quality
and scenic beauty of all districts of the Town.
(12)
Protect property values by precluding, to the maximum extent
possible, sign types that create a nuisance to the occupancy or use
of other properties as a result of their size, height, illumination,
brightness or movement.
(13)
Protect property values by ensuring that sign types, as well
as the number of signs, are in harmony with buildings, neighborhoods
and conforming signs in the area.
(14)
Preserve and enhance the rural and historic character of the
Town.
B.
General sign limitations and requirements.
(1)
Exempt signs. The regulations of this § 88-64 do not pertain to the following:
(a)
A statutory sign.
(b)
A traffic control device sign.
(c)
Any sign directed or oriented toward the inside of a stadium
or ball field.
(d)
Any sign not visible from a public street, sidewalk or right-of-way;
except that the foregoing does not exempt a sign for a commercial
use that is visible from an abutting residential use.
(e)
Any temporary sign or temporary device utilized to express a
noncommercial message that is reactive to a local happening or that
expresses a view on a controversial issue, and that is displayed on
public property that is a traditional public forum such as a public
sidewalk or a public park, provided that the temporary display does
not block, or otherwise interfere with, pedestrian or vehicular traffic.
(2)
Permits for signs. Except for signs as permitted in Subsection R below, no sign shall be erected or displayed unless a permit shall have first been obtained from the Zoning Officer.
(3)
The following signs shall be allowed in all zone districts and shall
not be subject to the sign regulations for each zone district.
(a)
Temporary safety, traffic, directional and warning signs approved
by the governing body or required by the New Jersey Department of
Transportation not otherwise exempt as a traffic control device sign.
(b)
Temporary emergency signs and warning signs as may be erected
by governmental or public utility employees in carrying out their
official work.
(c)
Noncommercial on-site directional signs.
(d)
Signs used on property warning the public against hunting or
trespassing thereon.
(e)
Historic markers.
(g)
Any flag or ribbon protected by N.J.S.A. 40:48-2.58.
(h)
Election signs: On any property, one election sign for each
candidate and each issue may be displayed as a window sign, an attached
sign or as a ground sign not exceeding three square feet in size (sign
area). In addition, election signs displayed as ground signs shall
not exceed three feet in height and the top of the sign shall not
be more than six feet from the ground. An election sign shall be removed
within seven calendar days following the election to which it pertains;
an election sign not so removed shall be treated as a free expression
sign. An election sign is in addition to any other sign permitted
under this section.
(i)
Free expression signs: On any property, one free expression
sign may be displayed as a window sign, an attached sign or as a ground
sign not exceeding three square feet in size (sign area). In addition,
free expression signs displayed as ground signs shall not exceed three
feet in height, and the top of the sign shall not be more than six
feet from the ground. In residential zone districts, an off-site temporary
special event sign shall be considered a free expression sign. A free
expression sign is in addition to any other sign permitted under this
section.
[Amended 11-24-2009 by Ord. No. 09-23]
(4)
The following signs shall be prohibited in all zone districts:
(a)
Moving or rotating signs, including streamers, pennants and
similar displays.
(b)
Signs with letters moving or rotating on an electronically controlled
screen or similar device.
(c)
Flashing signs.
(d)
Intermittent signs.
(e)
Portable signs.
(f)
Billboards.
(g)
Digital signs, other than LED "Open" signs.
(h)
Snipe signs.
(i)
Signs in the public right-of-way, other than traffic control or warning signs, unless specifically permitted by the Mayor and Council for a public purpose in accordance with Article III of Chapter 122 of the Code of the Town of Clinton and meeting all the requirements herein.
[Amended 9-11-2012 by Ord. No. 12-09]
(5)
Sign illumination:
(a)
Internal illumination shall be prohibited. All signs shall be
lit from an exterior source.
(b)
Neon and LED tube lighting, for the use of signs or otherwise, shall be prohibited with the exception of "Open" signs as regulated by Subsection L below.
(c)
No sign shall be lit by means of flashing or intermittent illumination.
(d)
Lights used for the illumination of any sign, whether or not
such lights are attached to or separate from the building, shall not
project light above the highest elevation of the wall of the building
to which the sign is affixed.
(e)
Lights used for the illumination of any signs, with the exception
of ground signs, shall be directed downward.
(f)
Any illuminated tubing or strings of lights outlining signs,
rooflines, doors, windows or wall edges of any building, except holiday
decorations, is prohibited.
(g)
All sign illumination shall be shut off by 11:00 p.m., unless
the business which the sign advertises is still open, in which case
the illumination shall be shut off within 0.5 hour of the closing
of the business.
(6)
Computation of sign area.
(a)
Sign area shall be calculated as the entire area within a continuous
perimeter, enclosing the extreme limits of sign display, including
any frame or border. Curved, spherical or any other shaped sign face,
as well as signs composed of individual letters, numerals or other
devices, shall be the sum of the area of the smallest area encompassing
all of said letters or devices. This shall not be construed to include
the supporting members of any sign which are used solely for such
purpose.
(b)
For double-faced signs, where the sign faces are back-to-back
or where the interior angle formed by the faces is 60° or less,
provided that it is a common attached structure, only one sign face
shall be measured to determine sign area. Where the two faces are
of unequal size, the larger face shall be used to determine the sign
area.
(c)
For a double-faced sign that is a common attached structure,
where the sign faces are not back-to-back or where the interior angle
formed by the faces is greater than 60°, the sign area shall consist
of the sum of all sign faces.
(7)
No sign shall be placed so as to interfere with or be mistaken for
a traffic light or similar safety device or interfere with traffic
visibility.
(8)
No sign shall be erected or located on any public right-of-way, unless
specifically permitted by the Council for a public purpose and meeting
all constitutional requirements.
(9)
No sign shall be erected on or attached to the roof of a building.
C.
Signs in the residential districts. In the residential districts, only the following signs shall be permitted, with the exception of signs permitted pursuant to Subsection B(3) above:
(1)
One nonilluminated sign, either a wall sign or a ground sign, not
exceeding two square feet in area, related to a major home occupation
as permitted in the district.
(2)
Approved housing developments containing 10 or more units may display
one ground sign at each street entrance to the development, designating
only the name of the development, the location, name of the developer
and the names of any buildings located therein.
(a)
The maximum area of each sign shall not exceed 20 square feet.
(b)
No such sign, including the uprights or braces to which it is
mounted, shall exceed a height of four feet.
(c)
The minimum setback of each ground sign shall be 15 feet.
(d)
The sign shall be constructed of wood or of a synthetic wood
product having the appearance of wood.
D.
Signs in the C-1 and C-2 Commercial Zone Districts: Excluding nameplate and directory signs permitted pursuant to Subsection B(3) above, no building tenant shall be allowed more than three of the sign types listed below.
(1)
Nameplate and directory signs. Nameplate signs shall be permitted
where there is one building tenant in the building. Directory signs
shall be permitted where there are multiple building tenants in the
building.
(a)
One nameplate sign, provided that the sign does not exceed 72
square inches in total area, shall be permitted for each public access
to the establishment which the sign advertises.
(b)
One directory sign, provided that the sign does not exceed eight
square feet, shall be permitted for each public access to the establishment
which the sign advertises.
(2)
Wall signs. Wall signs are permitted on each building wall that faces
a street or has public access to the establishment which the sign
advertises, subject to the following limitations and requirements.
(a)
The total area of such signs shall not exceed 5% of the gross
area of the building wall, including window and door area, to which
they are attached.
(b)
The total of the width of any one sign shall not exceed 50%
of the width of the building wall to which it is attached.
(c)
No sign shall exceed 50 square feet in area.
(d)
No such sign shall project more than six inches from the face
of the building wall to which it is attached.
(e)
The height of any such sign shall not exceed three feet.
(f)
The bottom of said sign shall be at least eight feet above the
ground level or sidewalk below the sign.
(g)
No wall sign shall extend beyond the limits of the building
wall to which it is attached.
(h)
No wall sign shall cover a building's architectural features.
(3)
Awning signs. Awning signs are permitted on each building wall that
faces a street or has public access to the establishment which the
sign advertises, subject to the following limitations and requirements.
(a)
Signage shall be permitted on all portions of an awning, subject
to the following limitations and requirements:
[1]
The total of the widths of all signage located on the downward
flap of an awning, which is located perpendicular to the street, shall
not exceed 70% of the downward flap on which the sign is located.
[2]
Signage located on the portion of an awning not consisting of
the downward flap shall not exceed 30% of said area.
(b)
The sign's letter height shall not exceed 1.5 feet.
(4)
Projecting signs. Not more than one projecting sign shall be permitted
for each building tenant, subject to the following limitations and
requirements:
(a)
The height of said sign shall not exceed three feet.
(b)
No such sign shall project more than four feet from the building
wall to which it is attached.
(c)
The bottom of said sign shall be at least eight feet above the
ground level or sidewalk below the sign.
(d)
Signs shall project from the wall to which they are attached
at an angle of 90°.
(e)
No sign shall extend vertically beyond the window sill of the
second story of the building to which it is attached or 20 feet, whichever
is less.
(5)
Window signs. Subject to the following limitations and requirements,
permanent and temporary window signs shall be permitted on or in the
glass (or similar substitute) surface of each window or door that
faces a public street or public access.
(a)
Said signs shall be located on the same story of the building
that the business being advertised is located.
(b)
Fifty percent of the surface area of the glass (or similar substitute)
of each such window or door shall remain free of signs.
(c)
The total square footage of all window signs for any tenant
shall not exceed 30% of the total available surface area of glass
(or similar substitute) in the doors and windows that face a public
street or public access and are located on the same story in which
the business is located.
(6)
Ground signs. One ground sign shall be permitted on lots that meet
a minimum required street frontage of 50 feet, subject to the following
limitations and requirements:
(a)
Said sign shall not have an open area in excess of three feet
below the sign and the finished grade.
(b)
No such sign, including the uprights or braces to which it is
mounted, shall exceed a height of five feet.
(c)
No such sign shall exceed a width of five feet.
(d)
Ground signs shall have either a solid base with a width equal
to the sign's total width or two supports on either ends of the sign.
Ground signs shall not have a single support that is less than 50%
of the total sign width.
(e)
Said sign shall be at least five feet from a street right-of-way
or property line.
(f)
Said sign shall be at least five feet from the nearest building.
(g)
Said sign shall be at least 50 feet from the point of intersection
of any two street lines.
E.
Signs in the C-3 Commercial Zone District: Excluding nameplate, directory and signs permitted pursuant to Subsection B(3) above, no building tenant shall be allowed more than three of the sign types listed below.
(1)
Nameplate and directory signs. Nameplate signs shall be permitted
where there is one building tenant in the building. Directory signs
shall be permitted where there are multiple building tenants in the
building.
(a)
One nameplate sign, provided that the sign does not exceed 72
square inches in total area, shall be permitted for each public access
to the establishment which the sign advertises.
(b)
One directory sign, provided that the sign does not exceed eight
square feet, shall be permitted for each public access to the establishment
which the sign advertises.
(2)
Wall signs. Wall signs are permitted on each building wall that faces
a street or has public access to the establishment which the sign
advertises, subject to the following limitations and requirements.
(a)
The total area of all such signs shall not exceed 5% of the
gross area of the building wall, including window and door area, to
which they are attached.
(b)
The total of the widths of any one sign shall not exceed 50%
of the width of the building wall to which it is attached.
(c)
No sign shall exceed 50 square feet in area.
(d)
No such sign shall project more than six inches from the face
of the building wall to which it is attached.
(e)
The height of any such sign shall not exceed four feet.
(f)
The bottom of said sign shall be at least eight feet above the
ground level or sidewalk below the sign.
(g)
No wall sign shall extend beyond the limits of the building
wall to which it is attached.
(h)
No wall sign shall cover a building's architectural features.
(3)
Awning signs. Awning signs are permitted on each building wall that
faces a street or has public access to the establishment which the
sign advertises, subject to the following limitations and requirements.
(a)
Signage shall be permitted on all portions of an awning, subject
to the following limitations and requirements:
[1]
The total of the widths of all signage located on the downward
flap of an awning, which is located perpendicular to the street, shall
not exceed 70% of the downward flap on which the sign is located.
[2]
Signage located on the portion of an awning not consisting of
the downward flap shall not exceed 30% of said area.
(b)
The sign's letter height shall not exceed 1.5 feet.
(4)
Projecting signs. Not more than one projecting sign shall be permitted
for each building tenant, subject to the following limitations and
requirements:
(a)
The height of said sign shall not exceed three feet.
(b)
No such sign shall project more than four feet from the building
wall to which it is attached.
(c)
The bottom of said sign shall be at least eight feet above the
ground level or sidewalk below the sign.
(d)
Signs shall project from the wall to which they are attached
at an angle of 90°.
(e)
No sign shall extend vertically beyond the window sill of the
second story of the building to which it attached or 20 feet, whichever
is less.
(5)
Window signs. Subject to the following limitations and requirements,
permanent and temporary window signs shall be permitted on or in the
glass (or similar substitute) surface of each window or door that
faces a public street or public access.
(a)
Said signs shall be located on the same story of the building
that the business being advertised is located.
(b)
Fifty percent of the surface area of the glass (or similar substitute)
of each such window or door shall remain free of signs.
(c)
The total square footage of all window signs for any tenant
shall not exceed 30% of the total available surface area of glass
(or similar substitute) in the doors and windows that face a public
street or public access and are located on the same story in which
the business is located.
(6)
Ground signs. One ground sign shall be permitted on lots that meet
a minimum required street frontage of 150 feet, subject to the following
limitations and requirements:
(a)
Said sign shall not have an open area in excess of three feet
below the sign and the finished grade.
(b)
No such sign, including the uprights or braces to which it is
mounted, shall exceed a height of six feet.
(c)
No such sign shall exceed a width of six feet.
(d)
Ground signs shall have either a solid base with a width equal
to the sign's total width or two supports on either ends of the sign.
Ground signs shall not have a single support that is less than 50%
of the total sign width.
(e)
Said sign shall be at least 10 feet from a street right-of-way
or property line.
(f)
Said sign shall be at least 50 feet from the point of intersection
of any two street lines.
F.
Signs in the C-4 Commercial Zone District: Excluding nameplate, directory and signs permitted pursuant to Subsection B(3) above, no building tenant shall be allowed more than three of the sign types listed below.
(1)
Nameplate and directory signs. Nameplate signs shall be permitted
where there is one building tenant in the building. Directory signs
shall be permitted where there are multiple building tenants in the
building.
(a)
One nameplate sign, provided that the sign does not exceed 72
square inches in total area, shall be permitted for each public access
to the establishment which the sign advertises.
(b)
One directory sign, provided that the sign does not exceed eight
square feet, shall be permitted for each public access to the establishment
which the sign advertises.
(2)
Wall signs. Wall signs are permitted on each building wall that faces
a street or has public access to the establishment which the sign
advertises, subject to the following limitations and requirements.
(a)
The total area of all such signs shall not exceed 5% of the
gross area of the building wall, including window and door area, to
which they are attached.
(b)
The total of the widths of any one sign shall not exceed 50%
of the width of the building wall to which it is attached.
(c)
No sign shall exceed 50 square feet in area.
(d)
No such sign shall project more than six inches from the face
of the building wall to which it is attached.
(e)
The height of any such sign shall not exceed four feet.
(f)
The bottom of said sign shall be at least eight feet above the
ground level or sidewalk below the sign.
(g)
No wall sign shall extend beyond the limits of the building
wall to which it is attached.
(h)
No wall sign shall cover a building's architectural features.
(3)
Awning signs. Awning signs are permitted on each building wall that
faces a street or has public access to the establishment which the
sign advertises, subject to the following limitations and requirements.
(a)
Signage shall be permitted on all portions of an awning, subject
to the following limitations and requirements:
[1]
The total of the widths of all signage located on the downward
flap of an awning, which is located perpendicular to the street, shall
not exceed 70% of the downward flap on which the sign is located.
[2]
Signage located on the portion of an awning not consisting of
the downward flap shall not exceed 30% of said area.
(b)
The sign's letter height shall not exceed 1.5 feet.
(4)
Projecting signs. Not more than one projecting sign shall be permitted
for each building tenant, subject to the following limitations and
requirements:
(a)
The height of said sign shall not exceed three feet.
(b)
No such sign shall project more than four feet from the building
wall to which it is attached.
(c)
The bottom of said sign shall be at least eight feet above the
ground level or sidewalk below the sign.
(d)
Signs shall project from the wall to which they are attached
at an angle of 90°.
(e)
No sign shall extend vertically beyond the window sill of the
second story of the building to which it attached or 20 feet, whichever
is less.
(5)
Window signs. Subject to the following limitations and requirements,
permanent and temporary window signs shall be permitted on or in the
glass (or similar substitute) surface of each window or door that
faces a public street or public access.
(a)
Said signs shall be located on the same story of the building
that the business being advertised is located.
(b)
Fifty percent of the surface area of the glass (or similar substitute)
of each such window or door shall remain free of signs.
(c)
The total square footage of all window signs for any tenant
shall not exceed 30% of the total available surface area of glass
(or similar substitute) in the doors and windows that face a public
street or public access and are located on the same story in which
the business is located.
(6)
Ground signs. One ground sign shall be permitted on lots that meet
a minimum required street frontage of 150 feet, subject to the following
limitations and requirements:
(a)
Said sign shall not have an open area in excess of three feet
below the sign and the finished grade.
(b)
No such sign, including the uprights or braces to which it is
mounted, shall exceed a height of six feet.
(c)
Ground signs shall have either a solid base with a width equal
to the sign's total width or two supports on either ends of the sign.
Ground signs shall not have a single support that is less than 50%
of the total sign width.
(d)
No such sign shall exceed a width of six feet.
(e)
Said sign shall be at least 10 feet from a street right-of-way
or property line.
(f)
Said sign shall be at least 50 feet from the point of intersection
of any two street lines.
G.
Signs in the I Industrial District: Excluding nameplate, directory and signs permitted pursuant to Subsection B(3) above, no building tenant shall be allowed a total of more than two signs.
(1)
Nameplate and directory signs. Nameplate signs shall be permitted
where there is one building tenant in the building. Directory signs
shall be permitted where there are multiple building tenants in the
building.
(a)
One nameplate sign, provided that the sign does not exceed 72
square inches in total area, shall be permitted for each public access
to the establishment which the sign advertises.
(b)
One directory sign, provided that the sign does not exceed eight
square feet, shall be permitted for each public access to the establishment
which the sign advertises.
(2)
Wall signs. Wall signs are permitted subject to the following limitations
and requirements.
(a)
A maximum of one wall sign for each building tenant shall be
permitted on each wall that faces a public street or has public access
to the establishment which the sign advertises.
(b)
No such sign shall project more than six inches from the face
of the building wall to which it is attached.
(c)
The bottom of said sign shall be at least eight feet above the
ground level or sidewalk below the sign.
(d)
The total area of all such signs attached to a building shall
not exceed 100 square feet or 10% of the gross area of the building
wall to which they are attached, whichever is greater.
(e)
The height of any such signs shall not exceed five feet or 20%
of the height of the building wall to which they are attached, whichever
is less.
(f)
The total of the widths of any such signs shall not exceed 50%
of the width of the building wall to which they are attached.
(g)
No wall sign shall extend beyond the limits of the building
wall to which it is attached.
(h)
No wall sign shall cover a building's architectural features.
(3)
Ground signs. One ground sign shall be permitted on lots that meet
a minimum required street frontage of 150 feet, subject to the following
limitations and requirements.
(a)
Said sign shall not have an open area in excess of three feet
below the sign and the finished grade.
(b)
No such sign, including the uprights or braces to which it is
mounted, shall exceed a height of six feet.
(c)
No such sign shall exceed a width of six feet.
(d)
Ground signs shall have either a solid base with a width equal
to the sign's total width or two supports on either ends of the sign.
Ground signs shall not have a single support that is less than 50%
of the total sign width.
(e)
Said sign shall be located at least 10 feet from a street right-of-way
or property line.
(f)
Said sign shall be located at least 50 feet from the point of
intersection of any two street lines.
H.
Signs in the OB-1 Office Building District: Excluding nameplate, directory and signs permitted pursuant to Subsection B(3) above, no building tenant shall be allowed more than three of the sign types listed below.
(1)
Nameplate and directory signs. Nameplate signs shall be permitted
where there is one building tenant in the building. Directory signs
shall be permitted where there are multiple building tenants in the
building.
(a)
One nameplate sign, provided that the sign does not exceed 72
square inches in total area, shall be permitted for each public access
to the establishment which the sign advertises.
(b)
One directory sign, provided that the sign does not exceed eight
square feet, shall be permitted for each public access to the establishment
which the sign advertises.
(2)
Wall signs. Wall signs are permitted subject to the following limitations
and requirements:
(a)
A maximum of one wall sign for each building tenant shall be
permitted on each wall that faces a public street or has public access
to the establishment which the sign advertises.
(b)
No such sign shall project more than six inches from the face
of the building wall to which it is attached.
(c)
The bottom of said sign shall be at least eight feet above the
ground level or sidewalk below the sign.
(d)
The height of any such sign shall not exceed four feet.
(e)
The total of the widths of all such signs shall not exceed 25%
of the width of the building wall to which they are attached.
(f)
The total area of any such signs shall not exceed 5% of the
gross area of the building wall, including window and door area, to
which they are attached or 50 square feet, whichever is less.
(g)
No wall sign shall extend beyond the limits of the building
wall to which it is attached.
(h)
No sign shall cover a building's architectural features.
(3)
Window signs. Subject to the following limitations and requirements,
permanent and temporary window signs shall be permitted on each window
or door that faces a public street or public access, provided said
window(s) or door(s) are located on the same story that the building
tenant which is being advertised is located.
(a)
Permanent and temporary window signs may consist of no more
30% of the total area consisting of glass (or similar substitute)
in a window(s) or door(s) that faces a public street or public access
and is located on the same story that the business which is being
advertised is located.
(b)
Notwithstanding the above, permanent and temporary window signs
shall not consist of more than 50% of any window area or area of a
door consisting of glass (or similar substitute to which the sign
is attached.
(4)
Ground signs. One ground sign shall be permitted on lots that meet
a minimum required street frontage of 150 feet, subject to the following
limitations and requirements:
(a)
Said sign shall not have an open area in excess of three feet
below the sign and the finished grade.
(b)
Said sign, including the uprights or braces to which it is mounted,
shall not exceed a height of six feet.
(c)
Said sign shall not exceed a maximum width of six feet.
(d)
Ground signs shall have either a solid base with a width equal
to the sign's total width or two supports on either ends of the sign.
Ground signs shall not have a single support that is less than 50%
of the total sign width.
(e)
Said sign shall be at least 10 feet from a street right-of-way
or property line.
(f)
Said sign shall be at least 50 feet from the point of intersection
of any two street lines.
I.
Signs in the OB-2 Office Building District: Excluding nameplate, directory and signs permitted pursuant to Subsection B(3) above, no building tenant shall be allowed more than three of the sign types listed below.
(1)
Nameplate and directory signs. Nameplate signs shall be permitted
where there is one building tenant in the building. Directory signs
shall be permitted where there are multiple building tenants in the
building.
(a)
One nameplate sign, provided that the sign does not exceed 72
square inches in total area, shall be permitted for each public access
to the establishment which the sign advertises.
(b)
One directory sign, provided that the sign does not exceed eight
square feet, shall be permitted for each public access to the establishment
which the sign advertises.
(2)
Wall signs. Wall signs are permitted subject to the following limitations
and requirements.
(a)
A maximum of one wall sign for each building tenant shall be
permitted on each wall that faces a public street or has public access
to the establishment which the sign advertises.
(b)
No such sign shall project more than six inches from the face
of the building wall to which it is attached.
(c)
The bottom of said sign shall be at least eight feet above the
ground level or sidewalk below the sign.
(d)
The height of any such sign shall not exceed three feet.
(e)
The total of the widths of all such signs shall not exceed 25%
of the width of the building wall to which they are attached.
(f)
The total area of all such signs shall not exceed 5% of the
gross area of the building wall to which they are attached, including
window and door area, or 50 square feet, whichever is less.
(g)
No wall sign shall extend beyond the limits of the building
wall to which it is attached.
(h)
No wall sign shall cover a building's architectural features.
(3)
Window signs. Subject to the following limitations and requirements,
permanent and temporary window signs shall be permitted on or in the
glass (or similar substitute) surface of each window or door that
faces a public street or public access.
(a)
Said signs shall be located on the same story of the building
that the business being advertised is located.
(b)
Fifty percent of the surface area of the glass (or similar substitute)
of each such window or door shall remain free of signs.
(c)
The total square footage of all window signs for any tenant
shall not exceed 30% of the total available surface area of glass
(or similar substitute) in the doors and windows that face a public
street or public access and are located on the same story in which
the business is located.
(4)
Ground signs. One ground sign shall be permitted on lots that meet
a minimum required street frontage of 150 feet, subject to the following
limitations and requirements:
(a)
Said sign shall not have an open area in excess of three feet
below the sign and the finished grade.
(b)
Said sign, including the uprights or braces to which it is mounted,
shall not exceed a height of four feet.
(c)
Said sign shall not exceed a width of four feet.
(d)
Ground signs shall have either a solid base with a width equal
to the sign's total width or two supports on either ends of the sign.
Ground signs shall not have a single support that is less than 50%
of the total sign width.
(e)
Said sign shall be at least 10 feet from a street right-of-way
or property line.
(f)
Said sign shall be at least 50 feet from the point of intersection
of any two street lines.
J.
Signs in the OB-3 and OB-4 Office Building District:
(1)
Nameplate and directory signs. Nameplate signs shall be permitted
where there is one building tenant in the building. Directory signs
shall be permitted where there are multiple building tenants in the
building.
(a)
One nameplate sign, provided that the sign does not exceed 72
square inches in total area, shall be permitted for each public access
to the establishment which the sign advertises.
(b)
One directory sign, provided that the sign does not exceed eight
square feet, shall be permitted for each public access to the establishment
which the sign advertises.
(2)
Wall signs. Wall signs are permitted subject to the following limitations
and requirements:
(a)
A maximum of one wall sign shall be permitted on each building
wall that faces a public street or has public access to the establishment
which it advertises.
(b)
No such sign shall project more than six inches from the face
of the building wall to which it is attached.
(c)
Sign area shall not exceed 100 square feet or 10% of the gross
area of the building wall, including window and door area, to which
it is attached, whichever is less.
(d)
No wall sign shall extend beyond the limits of the building
wall to which it is attached.
(e)
No sign shall cover a building's architectural features.
(3)
Ground signs. One ground sign shall be permitted on lots that meet
a minimum required street frontage of 150 feet, subject to the following
limitations and requirements:
(a)
Any sign facing a local road shall comply with the ground sign regulations of the OB-2 Zone District contained in § 88-64I(4) of the Land Use Code of the Town of Clinton.
(b)
Said sign shall not have an open area in excess of three feet
below the sign.
(c)
Said sign, including the uprights or braces to which it is mounted,
shall not exceed a maximum height of 15 feet.
(d)
The area of the sign shall not exceed 100 square feet.
(e)
Ground signs shall have either a solid base with a width equal
to the sign's total width or two supports on either ends of the sign.
Ground signs shall not have a single support that is less than 50%
of the total sign width.
(f)
Said sign shall be located at least 30 feet from the street
right-of-way or property line.
K.
Signs for motor vehicle service stations. Notwithstanding the foregoing
limitations and requirements, motor vehicle service stations may display
only the following signs:
(1)
Ground signs. One ground sign shall be permitted, subject to the
following limitations and requirements:
(a)
Said sign shall not have an open area in excess of three feet
below the sign.
(b)
Said sign shall not exceed 30 square feet in area on each side.
(c)
Said sign, including the uprights or braces to which it is mounted,
shall not exceed a height of 15 feet.
(d)
Said sign shall be at least 50 feet from the point of intersection
of any two street lines.
(2)
Directional signs or lettering displayed on the building wall over
individual entrance doors or bays, consisting only of the words "washing,"
"lubrication," "repair," "mechanic on duty" or other similar phrases,
subject to the following:
(a)
Not more than one such sign shall be located over each entrance
or bay.
(b)
The letters shall not exceed 12 inches in height.
(c)
The letters shall be limited to a single line.
(d)
All such signs shall not project more than six inches from the
face of the building to which they are attached.
(e)
No wall sign shall extend beyond the limits of the building
wall to which it is attached.
(f)
No sign shall cover a building's architectural features.
(3)
Signs shall not be permitted on the canopy of the motor vehicle service
station.
L.
Neon and LED "Open" signs.
(1)
Neon and LED tube lighting shall only be permitted for "Open" signs.
Said lighting shall only be used to illuminate the word "Open" and,
if desired, a full or partial border around the word. Said lighting
shall not be used for advertising the business name or products or
services sold by the business.
(2)
Said signs shall only be placed in a first-story window or door.
(3)
The maximum size of said signs shall be 10 inches by 24 inches.
(4)
Said sign shall contribute toward the permitted window sign area.
(5)
One sign shall be permitted at each public access to the establishment
which the sign advertises.
(6)
Said signs shall only be permitted on properties located within the
C-3 or C-4 Zone District.
(7)
Said signs shall only be illuminated during the business hours of
the establishment which the sign advertises.
M.
Flags.
(1)
The height of a flagpole in all zone districts shall not exceed the
height of the principle building on the lot.
(2)
Lights used for the illumination of a flag, in all zone districts,
shall be shut off during the times the flag is not flying, and any
glare from the light fixtures illuminating the flag shall be shielded
from view from all neighboring properties.
N.
Temporary signs.
(1)
No temporary signs shall be displayed anywhere in the Town of Clinton except as regulated by § 88-64.
(2)
Election signs are permitted as described in § 88-64(B)(3)(h)
above.
(3)
Free expression signs are permitted as described in § 88-64(B)(3)(i)
above.
(4)
On-site temporary signs, other than election signs allowed pursuant to Subsection N(2) above or free expression signs allowed pursuant to Subsection N(3) above, are allowed subject to the following requirements.
(a)
On-site temporary ground signs for any residential subdivision
advertising lots or units for sale which have been approved by the
Land Use Board shall be allowed subject to the following requirements:
[Amended 12-10-2013 by Ord. No. 13-20]
[1]
No more than two signs shall be allowed.
[2]
The minimum setback to any public right-of-way or lot line shall
be 15 feet.
[3]
The maximum size of each sign shall be 24 square feet.
[4]
Any such sign shall be removed within seven days after 80% of
the lots in the subdivision have been either sold or a residence built
thereon.
(b)
The following maximum number of on-site temporary signs shall apply, with the exception of those regulated by Subsection N(2), (3) and (4)(a) above:
[Amended 11-24-2009 by Ord. No. 09-23]
[1]
One construction sign per lot for each contractor which shall be
removed within seven days after the services are completed.
[2]
One real estate sign which shall be removed within seven days after
the sale or rental of the building or property.
[3]
One garage sale sign which shall not be displayed more than seven
days prior to the sale and shall be removed no later than the day
following the conclusion of the sale.
(5)
Standing signs.
(a)
Standing signs shall only be permitted for business tenants
in the C-1 Zone District.
(b)
No more than one standing sign shall be permitted per building
tenant.
(c)
Said sign shall be located within six inches of the building
in which the building tenant it is advertising is located.
(d)
Standing signs shall not be placed where pedestrian traffic
will be impeded. Said sign shall only be permitted where a minimum
of four feet of unimpeded, or clear, sidewalk area will remain.
(e)
The minimum distance between standing signs shall be 10 feet.
(f)
The maximum dimensions of said sign shall be three feet in height
and two feet in width.
(g)
Said signs shall be constructed of wood or of a synthetic wood
product having the appearance of wood and can have an erasable inner
surface consisting of chalkboard or a dry-erase marker board.
(h)
Individual movable letters shall not be permitted.
(i)
Said sign shall not be illuminated.
(j)
Said sign shall only be located on the sidewalk during the hours
when the building tenant the sign advertises is open for business.
(k)
No permit shall be issued unless the business tenant requesting
the permit agrees to indemnify the Town from any claims brought against
it by a third party and agrees to name the Town as an additional insured
party in the licensee's insurance policy.
(6)
Off-site temporary signs subject to the following requirements.
(b)
Off-site temporary special event signs shall be allowed subject
to the following content-neutral criteria:
[1]
A permit allowing off-site temporary signs announcing any special
event in Hunterdon County shall be granted by the Zoning Officer,
subject to the following:
[Amended 11-24-2009 by Ord. No. 09-23]
[a]
Permission to locate the sign must be obtained
from the property owner of the property on which the sign is located.
[b]
The property on which the sign is to be located
is in the commercial, industrial or office zone districts.
[d]
Any such sign must be removed within seven days
of the date of the special event advertised.
[e]
Such signs shall not exceed six square feet in
size.
[2]
The Zoning Officer shall grant the permit, provided that:
[a]
The sign is an otherwise lawful sign and will not
conflict with the principal use of the site or adjoining sites.
[b]
The sign will not interfere with pedestrian or
traffic visibility, and the sign will not conceal or obstruct adjacent
land uses.
[c]
The sign will not interfere with usage of roads
and sidewalks.
[d]
The sign will not present a danger to the public.
[3]
Approval or disapproval for special event signs shall not be
based on the content of the message contained (i.e., the viewpoint
expressed) in such signs.
[4]
Off-site temporary special event signs in residential zone districts
shall be allowed as free expression signs under § 88-64(B)(3)(i),
except that such signs shall be removed within seven calendar days
of the date of the special event advertised.
[Amended 11-24-2009 by Ord. No. 09-23]
O.
Administration.
(1)
Application for permanent and temporary sign permits. An applicant
for a sign shall file with the Zoning Officer a sign permit application
that includes the following information:
(a)
An application for a sign permit.
(b)
The name and contact information for the applicant.
(c)
The name and address of the owner of the property on which the
sign is proposed.
(d)
The name and address of the person or entity erecting the sign.
(e)
The lot, block and street address of the property on which the
sign is proposed.
(f)
The zoning district in which the sign is proposed.
(g)
A site plan sketch or map of the property showing the location
of buildings, existing signs and the proposed sign and the proposed
method of installation.
(h)
A sketch or other depiction of the graphics of the proposed
sign.
(i)
As applicable, dimensions of the proposed sign and the wall
on which the sign is to be mounted, such that compliance with this
section of the Land Use Code can be determined.
(j)
Any other information necessary to determine compliance with
this section of the Town's Land Use Code, as determined by the Zoning
Officer.
(2)
Application for window sign(s).
(a)
One sign permit may be granted for up to the maximum permitted
window sign area, including temporary and permanent signs. The Zoning
Officer shall have the authority to issue one sign permit for the
entirety of the window sign area permitted.
(b)
Applicants for window signs shall be subject to the limitations
and requirements for obtaining a sign permit.
(3)
Approval process.
(a)
Application for sign permits shall be made by the owner of the
premises and the person responsible for the erection of the sign,
and both shall be responsible for compliance with the terms as herein
set forth.
(b)
An applicant shall deliver a sign permit application for a sign
to the Town's Zoning Officer, or his or her designee, or such other
person as designated by the Town. The sign permit application shall
be reviewed for a determination of whether the proposed sign meets
the applicable requirements of this section and any applicable zoning
law. The review of the sign permit application shall be completed
within 10 calendar days from the date of receipt of the application,
and the application shall be granted or denied within that time frame.
In the event that no decision is rendered within 10 calendar days
following submission, the application shall be deemed granted if for
a temporary sign; however, the application shall be deemed denied
if the application is for a permanent sign or a prohibited sign, and
the applicant may appeal to the Land Use Board pursuant to the Municipal
Land Use Law.[1]
[Amended 12-10-2013 by Ord. No. 13-20]
[1]
Editor's Note: See N.J.S.A. 40:55D-62 et seq.
P.
Duration of permit. If the work authorized under a sign permit has
not been completed within one year after the date of issuance, the
permit shall become null and void.
Q.
Fees.
(1)
No fee shall be required for signs in connection with buildings used
exclusively by federal, state, county and local government for public
purposes.
(2)
The fee for each application for a permanent sign shall be $3 per
square foot of surface area of one side of the sign or $50 whichever
is greater. No fee shall be required until the application has been
approved; no fee shall be required for denied applications.
(3)
No fee shall be required for temporary signs except as provided in Subsection Q(4) of this section.
(4)
The cost of the permit for a standing sign shall be $40.
R.
Exemptions. The following exemptions shall apply only to the requirement
for a sign permit and shall not be construed as relieving the owner
of the sign from the responsibility for its erection and maintenance
in good and safe condition.
[Amended 11-24-2009 by Ord. No. 09-23]
(1)
Temporary safety, traffic, directional and warning signs approved
by the governing body or required by the New Jersey Department of
Transportation not otherwise exempt as traffic control device signs.
(2)
Temporary emergency signs and warning signs as may be erected by
governmental or public utility employees in carrying out their official
work.
(3)
Noncommercial on-site directional signs.
(4)
Signs used on property warning the public against hunting or trespassing
thereon.
(5)
Historic markers.
(6)
Election signs.
(7)
Free expression signs.
(8)
Off-site temporary directional open house signs as permitted by § 88-64(N)(6)(a).
(9)
Real estate signs as permitted by § 88-64(N)(4)(b)(2).
(10)
Construction signs as permitted by § 88-64(N)(4)(b)(1).
(11)
Garage sale signs as permitted by § 88-64(N)(4)(b)(3).
(12)
Signs in or over the public right-of-way as permitted by § 88-64B(4)(i).
[Added 9-11-2012 by Ord. No. 12-09]
S.
Unsafe signs.
(1)
Whenever, in the opinion of the Code Enforcement Officer or Zoning
Officer, any sign becomes unsafe or endangers the safety of a building
or premises or endangers the public safety, the Code Enforcement Officer
or Zoning Officer shall send a registered letter to the owner of the
sign or the owner of the premises on which the sign is located, ordering
that the sign be made safe or removed within 10 days of receipt of
the letter. If the permittee fails to remove, alter or repair said
sign within 10 days after said registered letter, the sign may be
removed, altered or repaired, in order to comply, by the Zoning Officer,
at the expense of the permittee or owner of the property upon which
it is located.
(2)
The Code Enforcement Officer or Zoning Officer may cause any sign
or sign structure to be removed or repaired summarily and without
written notice if it is an immediate peril to persons or property
by virtue of its construction or moorings.
T.
Obsolete signs. Any sign now or hereafter existing which no longer
advertises a bona fide business conducted, a product sold or is not
used for a permitted use hereunder shall be taken down and removed
by the permittee, owner, agent or person having the beneficial use
of the building or structure or land upon which such sign may be found
within 10 days after written notification from the Code Enforcement
Officer or Zoning Officer.
U.
Abandoned signs. The failure to keep a nonconforming sign painted
or in good repair for a period of six months shall constitute abandonment,
and such sign may not be reused and must be removed. Said sign shall
be repainted or repaired as necessary within 10 days after written
notification from the Code Enforcement Officer or Zoning Officer.
V.
Enforcement and penalties. The Code Enforcement Officer or Zoning
Officer shall be the enforcing official of this section and enforcement
shall be governed by this Code, except that imprisonment shall not
be a penalty for a violation of this section. The Town of Clinton
Police Department is given the authority, in addition to the Code
Enforcement Officer and Zoning Officer, to enforce the limitations
and requirements of this subsection relating to temporary signs. In
addition, the following provisions shall apply:
(1)
When a temporary sign is erected or posted on public property in
violation of this section the same shall be considered litter and
may be removed at any time by any person.
(2)
Any sign erected or maintained in violation of this section shall
be brought into conformity with this section or taken down and removed
by the permittee, owner, agent or person having the beneficial use
of the building or structure or land upon which such sign may be found
within 10 days after written notification of the violation from the
Code Enforcement Officer or Zoning Officer.
(3)
Any person, association or corporation installing any sign without
being properly licensed therefor or who or which shall violate any
of the other terms and regulations of this section of the Land Use
Code shall, upon conviction, be fined no less than $50 nor more than
$500 for each violation. Each day that such installation of any temporary
or permanent sign shall continue without being duly licensed shall
be considered a separate violation.
W.
Appeals to the Land Use Board. Whenever it is alleged that there
has been an error in any order, action, decision, determination or
requirement by an administrative official in the enforcement and application
of any provision contained within this section pertaining to sign
permits (including any allegation that an administrative official
has failed to act within applicable time frames), the aggrieved party
shall file a written appeal with the Land Use Board in accordance
with the Municipal Land Use Law.[2] The appellate decisions of the Land Use Board shall be
deemed final, subject to judicial review as provided by law.
[Amended 12-10-2013 by Ord. No. 13-20]
[2]
Editor's Note: See N.J.S.A. 40:55D-62 et seq.
X.
Severability.
[Added 11-24-2009 by Ord. No. 09-23]
(1)
Generally; severability where less speech results. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of § 88-64 is declared or held to be invalid or unconstitutional by any court of competent jurisdiction, such declaration or holding shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this section, even if such severability would result in less speech, whether by subjecting previously exempt signs to this section's permitting requirements or otherwise.
(2)
Severability of provisions pertaining to billboards and other prohibited signs and sign types. Without diminishing or limiting in any way the declaration of severability set forth above or elsewhere in § 88-64, or in any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this section or any other law is declared or held to be unconstitutional or invalid by any court of competent jurisdiction, such declaration or holding shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this section that pertains to prohibited signs, including specifically the prohibition on billboards and those signs and sign types prohibited and not allowed under § 88-64B(4).
[Added 8-26-2008 by Ord. No. 08-12]
A.
Purpose. Areas within the municipality are underlain
by carbonate bedrock such as limestone and dolomite. The solution
of this bedrock causes surface depressions, open drainage passages,
and the development of irregular, subsurface rock topography known
as "karst." These conditions make such areas potentially unstable
and susceptible to subsidence and surface collapse. As a result, the
alteration of drainage patterns in these areas by the placement of
impervious coverage, grade changes, stormwater detention or retention
basins, water quality basins, or similar drainage facilities or increased
loads from site improvements can lead to land subsidence and sinkholes.
Fractures or solution openings and fissures in the limestone rock
may lead to public or private water supplies, making those sources
especially susceptible to groundwater contamination. Contamination
of water sources can occur from solid and liquid wastes, contaminated
surface water, septic tank effluent, or other hazardous substances
moving through fractures or solution openings and fissures within
the rock. Carbonate aquifers are an important source of groundwater
in the municipality. The Town of Clinton relies on a clean supply
of subsurface water to foster and promote human health, welfare and
economic and social development. Therefore, the purposes of enacting
this chapter are to protect, preserve and enhance a sensitive and
valuable potable groundwater resource area and to reduce the frequency
of structural damage to public and private improvements by sinkhole
collapse or subsidence in areas of carbonate rock geology, thus protecting
the public health, safety and welfare and ensuring orderly development
within the municipality.
B.
Disclaimer.
(1)
In limestone areas, the alteration and development
of land may be hazardous with respect to the foundation safety of
structures, the creation of unstable land as a result or changes in
drainage and grading, and the contamination of ground and surface
waters. The exact occurrence of sinkholes and/or subsidence is not
always predictable; therefore, the administration of these regulations,
as contained in the Clinton Town Carbonate Area District Ordinance
herein, shall create no liability on behalf of the municipality, the
Town engineer, the Town geologist, municipal employees, or municipal
officials, or municipal agencies as to damages which may be associated
with the formation of sinkholes or subsidence. Compliance with these
regulations represents no warranty, finding, guarantee, or assurance
that a sinkhole and/or subsidence will not occur on an approved property.
The municipality, its agencies, consultants, and employees assume
no liability for any financial or other damages which may result from
sinkhole activity.
(2)
It is also noted that sinkholes and ground subsidence
may occur in areas outside the Carbonate Area District and/or in areas
of carbonate geology presently not identified as such. The applicant
and/or property owner shall always make independent investigations
of these matters prior to using this land for construction of a building
or structure or any activity which alters the soil and bedrock materials.
C.
Applicability.
(1)
The provisions of this chapter shall be applicable
to all development activities in the Carbonate Area District requiring
subdivision approval, site plan approval or a building permit for
new construction; including single-family detached dwellings; nothing
in this section shall be applicable to developments for which preliminary
or final site plan or subdivision approval was granted prior to the
date of adoption of this section.
(2)
A waiver from the requirements of this section
can be requested from the Town Zoning Officer in consultation with
the Town Geologist and Town Engineer for the following:
[Amended 8-11-2009 by Ord. No. 09-12]
(a)
Applicants requesting a zoning and/or building permit for new construction
on an existing lot of a single-family home in which they will reside,
and/or additions over 1,000 square feet to an existing single-family
home in which they reside, within the Carbonate Drainage Area and
1,000 feet or more from the boundary with the Carbonate Rock District
as determined from the 1966 United States Geologic Service (USGS)
“Bedrock Geologic Map of Northern New Jersey” or more
recent bedrock geologic map depicting Clinton Town. All requirements
of this section can be waived for this application if the applicant
provides plans for and agrees to construct sufficient stormwater control
measures for the proposed structure as to ensure that postconstruction
stormwater discharges are less than or equal to preconstruction stormwater
discharges and that these plans and measures receive the approval
of the Town Engineer.
(b)
Applicants requesting a zoning and/or building permit for new construction on an existing lot of a single-family home in which they will reside, and/or additions over 1,000 square feet to an existing single-family home in which they reside within the Carbonate Rock District or within the Carbonate Drainage Area and within 1,000 feet of the boundary with the Carbonate Rock District as determined from the 1966 USGS “Bedrock Geologic Map of Northern New Jersey” or more recent bedrock geologic map depicting Clinton Town. All requirements of this section can be waived for this application if the applicant provides plans for and agrees to construct sufficient stormwater control measures for the proposed structure as to ensure that postconstruction stormwater discharges are less than or equal to preconstruction stormwater discharges and that these plans and measures receive the approval of the Town Engineer. In addition, the applicant must complete a waiver application request acknowledging all disclaimers per § 88-64.2B herein.
D.
District identification.
(1)
Carbonate Area District (CAD). The Carbonate
Area District is hereby created and shall be any area identified as
such upon the Town of Clinton Zoning Map. The district shall be constituted
as secondary, or as an "overlay," to the zoning districts heretofore
established by the Zoning Map and may encompass all or portions of
more than one existing zoning district. Regulation of the CAD shall
be in addition to those requirements governing the existing zoning
district. The Carbonate Area District shall contain two areas, which
shall be known as the "Carbonate Rock District," and the "Carbonate
Drainage Area."
(2)
Carbonate Rock District (CRD). The Carbonate
Rock District is composed of those areas of the municipality underlain
by carbonate rocks. The geologic mapping utilized to prepare the CRD
overlay boundary is derived from New Jersey Geologic Survey and United
States Geological Survey maps. These maps are interpretations developed
from available field observations and subsurface data; additional
unmapped areas of limestone may exist in the Town of Clinton. Therefore,
the provisions of this chapter may be applied to any development,
which, in the opinion of the Town of Clinton, is located in an area
underlain by carbonate rock. The CRD map shall be updated as information
is developed through the application of this chapter.
(3)
Carbonate Drainage Area (CDA). The Carbonate
Drainage Area shall consist of all lands which drain surface water
into the Carbonate Rock District. Changes in the quantity, quality
and rate of discharge of surface water runoff from land upslope of
the Carbonate Rock District can adversely affect the CRD. Therefore,
development activities in the CDA, which may alter the surface drainage
patterns or affect the water quality or increase runoff into the CRD,
shall be subject to the requirements of this chapter.
E.
Performance standards for CRD. The following performance
standards shall be applicable to development activities occurring
in the Carbonate Rock District:
(1)
The location of all sinkholes, disappearing
streams, or other karst features identified during the geologic investigation
program and shown on documents submitted under the Phase I and/or
Phase II checklist shall be drawn on all final plats. The plats shall
also note any site remediation techniques utilized to stabilize any
solution channels or subsidence karst features. All final subdivision
deeds shall contain the following wording:
|
"Block XX, Lot XX, is underlain by limestone
formations. Limestone formations are susceptible to surface collapse
(or sinkholes) and subsidence caused by the physical erosion and chemical
alteration of the soil and bedrock.
| |
|
In limestone areas, the alteration and development
of land may be hazardous with respect to the foundation safety of
structures, the creation of unstable land as a result of changes in
drainage and grading, and the contamination of ground and surface
waters.
| |
|
The exact occurrence of sinkholes and/or subsidence
is not always predictable; therefore, the administration of the Clinton
Town Carbonate Area District Ordinance shall create no liability on
behalf of the municipality, the Town Engineer, the Town geologist,
municipal employees, municipal officials, or municipal agencies as
to damages which may be associated with the formation of sinkholes
or subsidence. Compliance with these regulations represents no warranty,
finding, guarantee, or assurance that a sinkhole and/or subsidence
will not occur on an approved property. The municipality, its agencies,
consultants, and employees assume no liability for any financial or
other damages which may result from sinkhole activity.
| |
|
It is also noted that sinkholes and ground subsidence
may occur in areas outside the Carbonate Area District and/or in areas
of carbonate geology presently not identified as such.
| |
|
The applicant and/or property owner should always
make independent investigations of these matters prior to using this
land for construction of a building or structure or any activity which
alters the soil and bedrock materials."
|
(2)
The design and construction of the improvements
listed in Table 1[1] shall be accomplished so as to minimize, to the greatest
extent practical, the development of future sinkholes or other karst
hazards and the pollution of surface and groundwater resources.
(a)
Carbonate formations present complex design
and engineering challenges. As a result, the provisions of Table 1
were developed to provide an outline of design concerns which apply
to different construction activities. Table 1 also provides rudimentary
suggestions as to current engineering and geologic procedures, and
minimum standards that might be useful to those using this Section.
None of the items is intended to preclude the application of judgment,
innovation and experience. Table 1 represents the best technical judgment
available at this time. As a municipality gains experience with the
carbonate chapter and the local geologic conditions, both the level
of review and the scope of Table 1 may be evaluated.
(b)
A number of "testing" procedures are presented
in Table 1. These include direct methods, such as site reconnaissance,
test pits, test probes and test borings. These direct methods are
essentially those procedures which allow the investigator to physically
see or sample some of the geologic parameters of the site. Direct
methods can provide an accurate picture of known site locations. It
is then necessary to extrapolate these known data points to the entire
site.
(c)
Indirect methods include the use of such items
as aerial photography, satellite imagery and geophysical procedures.
With geophysical procedures, one records some earth properties and
attempts to correlate each property with more specific site characteristics,
such as rock properties or depths. Indirect methods must be used with
great care because of the complex nature of karst sites. Indirect
methods may not detect small variations in the carbonate bedrock features,
which may be of great significance to the project design.
[1]
Editor's Note: Table 1 is included at the end of this chapter.
(3)
Direct methods.
(a)
Site reconnaissance. An on-site reconnaissance,
by a person with knowledge of local geology, is important to develop
an understanding of the site constraints. Prior to conducting reconnaissance
on-site, field personnel should review aerial photography to look
for the presence of such features as photo lineaments, vegetation
changes and depression areas. Black and white aerial photographs,
when viewed in a stereo image pair, can reveal such features as sinkholes,
closed surface depressions, lineaments and bedrock pinnacles. Older
aerial photographs are a valuable resource to document changes in
the landforms or karst features, which have occurred on the site over
time.
(b)
Test pits. As described in the Phase II Checklist,
test pits are a simple, inexpensive way to view the overburden materials
and the condition and variability of the carbonate rock surface. Test
pits are backhoe excavations generally to the depth of the bedrock
or limitation of backhoe.
(c)
Test probes. These generally consist of advancing
a steel bit into the ground by an air-percussion machine. Essentially
a large, mobile "Jack-hammer" is used. Depth of normal penetration
is usually less than 50 feet. The "cuttings" are blown out of the
hole and examined. Although quite disturbed, these cuttings yield
a sample of the materials penetrated. The amount of air injected and
return of cuttings at the surface can indicate the presence of fractures
and cavities. The rate of speed of the advance of the probe provides
a qualitative estimate of the competency of the material encountered.
Backfilling with a fluid cement grout and recording the volume of
materials placed in the drill hole (of known dimension) can also yield
a measure of the size of openings encountered in the subsurface during
the downward progress of the probe.
(d)
Test borings. As discussed in the Phase II Checklist,
test borings can yield virtually complete and relatively undisturbed
soil and rock samples. These borings provide visual evidence of fractures,
weathering, fracture fillings and even the vertical dimensions of
cavities. A measure of the drilling fluid losses can also indicate
the volume and nature of any soil or rock cavities encountered. Backfilling
with a fluid cement grout and recording the volume of materials placed
in the drill hole (of known dimension) can also yield a measure of
the size of openings encountered in the subsurface during the downward
progress of the probe.
(4)
Indirect methods.
(a)
Aerial photography. This is the simplest indirect
technique, particularly when photos taken over a long time period
are analyzed. Open depressions, bedrock exposures, vegetation and
moisture changes over time can be detected on either black-and-white
or color photographs. Piles of rock or small groups of brush or trees
in otherwise open fields can indicate active sinkholes or rock pinnacles
breaking the ground surface. Images defined at wavelengths other than
visible light can be as useful as, or even more useful than, conventional
aerial photographs. These images are generally available from satellite
mapping work.
(b)
Geophysical procedures. Various geophysical
investigation techniques can be used in karst terrains, including
ground-penetrating radar, electrical conductivity, electrical resistivity,
electromagnetic conductivity, very-low-frequency (VLF) measurement,
gravity field recording and seismic velocity measurements. In general,
none of these methods has the ability to discriminate all fractures
and small cavities.
[1]
The data provides information on the variation
in underground conditions, which should be interpreted by a person
trained in geophysics.
[2]
These procedures are used to identify zones
of variation across a site. Areas showing variation are then targeted
for additional direct testing procedures. Geophysical procedures should
not be used as the only method of verifying underground conditions.
Information gathered with geophysical procedures is useful when extrapolating
directly measured data.
[3]
The variability in physical properties and the
solutioned nature of most carbonate rocks require an increase in the
number of locations analyzed and the use of several investigation
methods to provide a reliable interpretation of the subsurface conditions.
F.
Procedures and submission requirements for the Carbonate
Area District.
(1)
General requirements.
(a)
All applicants for subdivision approval, site plan approval, or building permits for new construction, including single-family detached dwellings, shall undertake a geologic investigation program. Subject to Subsection F(1)(f), projects located in the Carbonate Drainage Area shall complete the Phase I Checklist, and projects located in the Carbonate Rock District shall first complete the Phase I Checklist.
(b)
Submission of the Phase II Checklist shall be based on the recommendation of the Town's geologic consultant as per Subsection F(3)(a).
(c)
A professional engineer or geologist with experience
in karst terrains shall prepare the geologic investigation program.
The Town's geologist or Town Engineer shall be similarly qualified
to review all project submittals.
(d)
The geologic investigation program shall identify
the nature of materials underlying the site.
(e)
The geologic investigation report shall evaluate
site information gathered during the geologic investigation, and provide
recommendations for the planning, engineering design, and construction
techniques to be utilized. All design recommendations shall minimize,
to the greatest extent practical, impacts upon water quality and structural
hazards associated with limestone formations.
(f)
In the case of applications for site plans or
subdivisions, the geologic investigation program may be completed
and filed prior to a formal application for preliminary approval.
(2)
Geologic investigation program process. For
all properties located in the CAD, the applicant shall conduct a comprehensive
geologic investigation program. The purpose of this program is to
provide the approval authority with sufficient data to define the
nature of all existing geologic conditions that may affect construction
and land use activities on the site. Specifically, the investigations
shall yield information which shall demonstrate that the proposed
development will identify any existing geologic conditions for which
appropriate site design and/or engineering solutions may be necessary
to minimize any adverse environmental impacts caused by the project.
A geologic investigation program involves the following:
(a)
Phase I: completion of the Phase I Checklist
by applicant and review by the Town's geologist; action on completeness
by approval authority.
(b)
Phase II: completion of the Phase II Checklist
and proposed geologic investigation program by applicant; review by
the Town's geologist and action on completeness by the approval authority;
issuance of permit to undertake on-site testing.
(c)
Applicant undertakes on-site geologic investigation
program, with observation by the Town's geologist.
(d)
Submission of a geologic investigation report
and site recommendation by applicant.
(e)
Town's geologist review; report and final recommendation
forwarded to approval authority.
(f)
Approval authority acts on the geologic aspects
of the proposed project.
(3)
Geological investigation program time limits.
(a)
Completing the Phase I Checklist shall commence
an investigation program. The Phase I Checklist shall be submitted
to the approval authority and shall be reviewed by the Town's geologist.
A report from the Town's geologist shall be rendered to the approval
authority within 30 days of the submission by applicant of the Phase
I Checklist. The approval authority shall rule on the completeness
of the Checklist within 30 days of the receipt of the Town's geologist's
completeness report. The Town's geologist's report shall either recommend
that the Phase II Checklist be prepared and submitted or, in the alternative,
that portions or all of the requirements of the Phase II Checklist
be waived.
(b)
If the Phase II Checklist is required, it shall
be submitted to the approval authority and reviewed by the Town's
geologist for completeness. A completeness report shall be made to
the approval authority within 30 days of the submission by applicant
of the Phase II.
[1]
Checklist. The approval authority shall rule on the completeness of the checklist within 30 days of the receipt of the Town's geologist's completeness report. The Town's geologist's completeness report shall also advise the applicant as to whether any proposed testing methodology is prohibited because of the potential danger the methodology may pose to the integrity of the site or the health, safety and welfare of the community. If the Town's geologist recommends the disapproval of the testing program, the recommendation shall include suggestions on alternate methodology which would provide the requisite data. The Town's geologist may also recommend waiver of some or all of the required investigations in appropriate cases pursuant to Subsection F(3)(a).
(c)
At the applicant's option, both the Phase I
and/or the Phase II Checklist may be submitted simultaneously, in
which case the Town's geologist shall submit a completeness report
to the approval authority within 30 days of submission of the checklist(s)
by the applicant. The approval authority shall act on the completeness
report within 30 days of submission of the Town's geologist's report.
(d)
After the Phase I and Phase II Checklists have
been deemed complete by the approval authority and the Town's geologist
has advised that the testing methodology poses no danger to the integrity
of the site or to the health, safety and welfare of the community,
a permit shall be issued to the applicant authorizing the commencement
of the testing.
(4)
On-site investigation protocol.
(a)
Any on-site investigations and tests undertaken pursuant to this chapter shall not begin until the applicant has received a permit pursuant to Subsection F(3)(d). The applicant shall also be responsible for providing, at least 15 days prior to commencement of any testing procedures, written notice of same to the approving authority secretary for investigations related to subdivision and site plan applications or to the Zoning Officer for investigations related to building permit applications, which notice shall be transmitted by certified mail, returned receipt requested, or served personally. All site investigations shall be properly closed in accordance with N.J.A.C. 7:9-9.1 et seq.
(b)
The proposed development site shall be subject
to inspection by the Town's geologist, engineer, or designated municipal
inspectors at any time. All testing data and results shall be made
available to municipal officials and inspectors on demand.
(c)
All samples taken shall be properly preserved
and shall be available for examination by the Town upon request until
the approval authority takes final action on the application.
(5)
Geological investigation report requirements.
(a)
At the completion of the field investigation,
a formal site investigation report shall be submitted to the Town
and include any of the following required information gathered during
the testing protocol: logs of all borings, test pits, and probes,
including evidence of cavities, loss of drilling fluid circulation
during drilling, voids encountered and similar cavities, type of drilling
or excavation technique employed, drawings of monitoring or observation
wells as installed, time and dates of explorations and tests, reports
of chemical analyses of on-site surface and groundwater, names of
individuals conducting tests if other than the professional engineer
or geologist referred to in the checklist, analytical methods used
on soils, water samples, and rock samples; a topographic map of the
site at a scale of one inch equals 100 feet (at a contour interval
of two feet) locating all test pits, borings, wells, seismic or electromagnetic
conductivity or other geophysical surveys and analysis of the groundwater,
including any potentiometric maps constructed from site data or aquifer
tests with rate and direction of flow; a geologic interpretation of
the observed subsurface conditions, including soil and rock type,
jointing (size and spacing), faulting, voids, fracturing, grain size,
and sinkhole formation.
(b)
The report shall define the extent of geological
findings at the site in relation to the planned development or land
use. The recommendations proposed to minimize environmental and structural
impacts for the useful life of the project, as well as during construction,
must be clearly detailed.
(6)
Town review of geologic investigation report.
(a)
Within 45 days of submission of the geological
investigation report by the applicant, the Town's geologist shall
review and prepare a completeness report for submission to the approval
authority. During the Town's geologist's review of the geological
investigation report for proposed development in the CRD, the Town's
geologist shall consider the data, formal reports, maps, drawings
and related submission materials and shall advise the approval authority
whether or not the applicant has provided the Town with:
[1]
Sufficient design, construction and operational
information to ensure that the proposed development of the tract will
not adversely impact on the health, safety and welfare of the community;
[2]
Proof that the proposed method of development
of the tract will minimize any adverse effects on the quality of surface
or subsurface water, and will not alter the character of surface and/or
subsurface water flow in a manner detrimental to known on-site or
off-site conditions;
[3]
Specific details ensuring that design concepts
and construction and operational procedures intended to protect surface
and subsurface waters will be properly implemented;
[4]
Specific details on inspection procedures to
be followed during construction and after project completion.
(b)
The approval authority shall, within 45 days
of the receipt of the report from the Town geologist, approve or disapprove
the proposed geologic aspects of the development plan and associated
construction techniques. In the event the approval authority denies
the proposed development plan and associated construction procedures,
the approval authority shall state in the resolution its reasons for
disapproval.
G.
Re-evaluation. In certain situations, a specific geologic
hazard may not be identified while the geologic investigation program
is underway and may be discovered during or after construction. In
such cases, the applicant shall:
(1)
Report the occurrence of the hazard to the Municipal
Clerk within 24 hours of discovery.
(2)
Halt construction activities which would impact
the geologic hazard.
(3)
Prepare a report on the geologic hazard which
analyzes the impact of the hazard and details a remediation plan for
review and approval by the Town's geologist and engineer.
(4)
After obtaining approval from the Town, perform
necessary remediation of the hazard to prevent or minimize damage
to buildings, structures, utilities, driveways, parking areas, roadways,
and other site improvements, and to minimize pollution of the groundwater.
(5)
Repair any damage to improvements and restore
ground cover and appropriate landscaping.
(6)
In those cases where the hazard cannot be repaired
without adversely affecting the site plan or subdivision, the applicant
shall file an amended application for a site plan or subdivision approval
in compliance with the provisions of this chapter.
H.
Compliance and enforcement.
(1)
Compliance with this section is required prior to the granting of Town subdivision or site plan approval, the granting of building permits, except as exempted in Subsection H herein, or the Town endorsement of state permits and treatment works approvals, unless the applicant is exempted from the provisions of this chapter or the requirements in this chapter have been waived. The enforcement officials for any application requiring the approval of the approving authority and subject to this chapter shall be the Town engineer and geologist. The enforcement official for building permit applications that are subject to this chapter shall be the Zoning Officer or Construction Code Official. For well and septic system installation, the Town's engineer shall serve as the enforcement officer. The Town's geologist or engineer shall serve as the enforcement official for wastewater systems requiring New Jersey Department of Environmental Protection permits or treatment works approvals.
(2)
Failure to comply with any of the conditions
in this section may result in the issuance of a stop-work order, revocation
of building permits, or denial of certificates of occupancy. Remedial
and corrective measures may be mandated if the appropriate construction
and site planning techniques, as outlined in the applicant's approved
geologic report, are not followed and result in actions which adversely
impact karst features.
I.
Carbonate area district data distribution.
(1)
On-site geologic information collected through
the provisions of this chapter represents important resource data.
Copies of the final geologic investigation report and all maps and
accompanying data shall be submitted to the Town Board of Health,
the Town Clerk, and a copy shall be filed with the Land Use Board
or Land Use Board secretary.
[Amended 12-10-2013 by Ord. No. 13-20]
(2)
The Town shall develop a cataloge system of
all available municipally generated geologic reports. This file shall
be accessible to the public during normal working hours.
J.
Application and escrow fees. The applicant shall submit the application fees and escrow deposits in accordance with § 88-13 for any project in the CAD requiring a submission.
K.
Investigation checklists required.
(1)
All applications for subdivision approval, site
plan approval, or building permits for new construction, including
single-family detached dwellings, and located within the CAD shall
be accompanied by completed checklists as an initial step of the geologic
investigation required herein.
(2)
Procedure for submission of documents.
(a)
The applicant shall submit the completed Phase
I Checklist to the Town of Clinton Land Use Board or Land Use Board
for distribution to the Town's geologist Applicants shall also submit
the required application fee and escrow as per the Town's posted escrow
and fee requirements.
[Amended 12-10-2013 by Ord. No. 13-20]
(b)
Phase I and II Checklists may be completed and
filed prior to the completion of other required submissions at the
applicant's option.
(c)
The applicant and the municipal approval authority
will be advised within 30 days of submission of the Phase I Checklist
whether a waiver of completion of the Phase II Checklist is being
recommended by the Town's geologist. The Town's geologist may recommend
a waiver of some or all of the required investigations as provided
herein. The approval authority will act on the Town's geologist's
completion report within 30 days of receipt. Notice of the Town's
action will be forwarded to the applicant in writing.
(3)
The Phase I Checklist is intended to ensure
that the information to be submitted by the applicant demonstrates
that the applicant has sufficient information available on geologic
issues to enable the applicant to prepare a plan for investigation
of the proposed development site.
(4)
Any applicant with questions regarding whether
applicant is entitled to a waiver of some or all segments of the geologic
investigation is encouraged to contact the Town's geologist prior
to the commencement of the preparation of the geotechnical investigation
program.
(5)
The following checklists shall apply as required
herein:
(a)
Town of Clinton Carbonate Area District (CAD)
investigation program submission requirements (check if attached):
|
___
|
US Geological Survey 7 1/2 minute topographic
quadrangle maps with the parcel identified.
| |
|
___
|
USDA Soil Conservation Service soil survey map
indicating soils present on parcel.
| |
|
___
|
Information from any special reports completed
by NJ State Geological Survey, US Geological Survey, or NJ Department
of Environmental Protection.
| |
|
___
|
Site plan map at a scale of 1" = 1,000' identifying
proposed development site and boundaries of site that are within the
CRA and/or CDA as designated on the municipal CAD map.
| |
|
___
|
Aerial photograph print for the proposed site
and surrounding area (taken at a minimum scale of 1" = 1,000' obtained
during periods of little or no foliage cover).
| |
|
___
|
Location of all known water production wells
and well log information within one-half mile of the project. Information
sources shall include, at a minimum, the County Health Department
and the New Jersey Department of Environmental Protection.
| |
|
___
|
A project sketch plat at a minimum scale of
1" = 200' with existing surface water bodies location of any existing
water production wells, faults, outcrops, springs, sinkholes, disappearing
streams, and surface water flows.
| |
|
___
|
Written narrative describing proposed activity.
| |
|
Does the proposed project include the use, storage
or manufacturing of toxic or hazardous materials? ___no ___ yes
| ||
|
If yes, attach and explanation of the type of
activity.
| ||
|
Other published geologic information which applicant
deems pertinent. (Information from other geologic investigation programs
is on file with the municipal clerk.) Please specify:
| ||
|
|
(b)
Phase II Checklist.
[1]
In compliance with the Land Use Code of the
Town of Clinton, applications for development or improvements in the
CRD shall submit a completed Phase II Checklist to the municipality
if required to do so after the review of the Phase I Checklist.
[2]
The applicant shall submit the completed Phase
II Checklist to the municipal approval authority for distribution
to the Town's geologist. Applicants shall also submit the required
application fee and escrow.
[3]
The applicant and the approval authority will be advised within 30 days of submission as to the completeness of the submission. The Town's geologist may recommend a waiver of some or all of the required investigations as provided in Subsection F(3) and F(4). The approval authority shall act on the Town's geologist's completeness review report within 30 days of receipt. A permit may be issued to the applicant authorizing commencement of field investigations when the approval authority deems the geologic segment checklists to be complete.
[4]
Phase I and II Checklists may be completed and
filed prior to the submission of other required applications at the
applicant's option. The Phase II Checklist is to include a detailed
outline of the proposed investigation program, including reference
to site-specific investigation techniques, equipment, program objectives
and remediation techniques.
|
PHASE II CHECKLIST
| ||
|---|---|---|
|
Proposed investigation program to be conducted
in CRD in Town of Clinton.
| ||
|
1.
|
General requirements:
| |
|
a.
|
Test borings and test pits are to be used as
the primary means of identifying potential geologic hazards. Percussion
probes and other geophysical techniques (e.g., seismic refraction
and reflection, ground-penetrating radar, magnetic, gravity and conductivity)
can be used to provide data between borings and pits.
| |
|
b.
|
Proposed exploration techniques, which are not
outlined in this checklist, may be submitted to the Town's geologist
for review and possible inclusion in the approved investigation program.
Alterations to the planned program can be made during the progress
of the field investigation upon request to the Town's geologist if
so required by the nature of the encountered subsurface conditions.
| |
|
2.
|
The intention of the site investigation program
is to define the nature and limits of possible design, constriction
and operating concerns that could result from the existence of carbonate
soil and/or rock formalities underlying the proposed development site.
| |
|
3.
|
List names and address of New Jersey licensed
engineer:
| |
|
| ||
|
List name and address of New Jersey licensed
well driller:
| ||
|
| ||
|
List name and address of geologic consultant:
| ||
|
| ||
|
DIRECT TESTING PROCEDURES
|
TO BE COMPLETED BY TOWN GEOLOGIST
| ||||
|
TEST BORINGS
|
ACCEPT
|
REJECT
|
SEE ATTACHED
| ||
|
(1)
|
Number proposed:
| ||||
|
(2)
|
Depths anticipated:
| ||||
|
NOTE: If rock encountered is within 40 feet
of ground surface, a minimum of 10 feet of rock is to be cored. Rock
cores shall be a minimum of two inches in diameter, to be obtained
by double-tube, split-barrel coring device or equivalent.
| |||||
|
(3)
|
Boring technique to be used:
| ||||
|
NOTE: Unless approval is authorized, all test
borings will be drilled using rotary wash without use of drilling
muds. Water losses in borings are to be monitored as to depth and
quantities; air loss, drilling speed and rod drops must also be monitored.
| |||||
|
(4)
|
Proposed bore hole grouting technique shall
be consistent with N.J.A.C 7:9-9.1 et seq.
| ||||
|
(5)
|
Descriptions of proposed monitoring well completions.
| ||||
|
NOTE: attach as-built drawing.
| |||||
|
(6)
|
Soil and rock sampling to be performed in accordance
with ASTM Standards D420, D1586, D1587, and D2113.
| ||||
|
(7)
|
Logging of all test borings or test pits in
accordance with the Unified Soil Classification System and in relation
to the geologic origin of the constituents of the encountered materials,
e.g., light yellow brown silty clay (CH), as described and categorized
by the Munsell® color chart, with occasional angular dolomite
fragments, moderately stiff residual soils, some stained paleo jointing.
| ||||
|
TEST PITS
|
ACCEPT
|
REJECT
|
SEE ATTACHED
| ||
|
(1)
|
Number and depth of proposed pits:
| ||||
|
NOTE: To be acceptable, minimum bottom area
of pits shall be 10 square feet and shall encounter rock surface over
50% of pit area.
| |||||
|
(2)
|
Method of backfill to be employed:
| ||||
|
NOTE: Test pit backfill shall be composed of
excavated material placed in layers and compacted to pre-excavation
density, unless authorized otherwise by Town geologist.
| |||||
|
PIEZOMETERS, LYSIMETERS, AND WATER
TABLE DATA
|
ACCEPT
|
REJECT
|
SEE ATTACHED
| ||
|
Number, locations and types to be used:
| |||||
|
(1)
|
Other methods to be used:
| ||||
|
NOTE: These shall be installed and monitored
in sufficient locations to identify depth to seasonable high water
table and rate and direction of groundwater flow.
| |||||
|
GEOTHERMAL TESTING OF PROPERTIES
OF SOILS, ROCKS, AND WATER
|
ACCEPT
|
REJECT
|
SEE ATTACHED
| ||
|
Methods proposed:
| |||||
|
A.
|
Percussion probes.
| ||||
|
(1)
|
Number proposed:
| ||||
|
(2)
|
Depths anticipated:
| ||||
|
(3)
|
Measuring techniques to be utilized:
| ||||
|
B.
|
Geophysical studies.
| ||||
|
(1)
|
Seismic refraction and reflection; location
and number of runs anticipated; equipment to be used:
| ||||
|
(2)
|
Ground-penetrating radar:
| ||||
|
(3)
|
Magnetic, gravity, or conductivity techniques;
specify procedures and location surveys:
| ||||
|
C.
|
Geologic reconnaissance.
| ||||
|
(1)
|
Factors to be examined: vegetative changes,
observable seeps, or groundwater discharge, circular depressions;
swales.
| ||||
|
(2)
|
Additional field investigation techniques proposed:
| ||||
|
INDIRECT TESTING PROCEDURES
|
TO BE COMPLETED BY TOWN GEOLOGIST
| ||||
|
MAPS, DRAWINGS, AND OTHER DOCUMENTATION
|
ACCEPT
|
REJECT
|
SEE ATTACHED
| ||
|
A.
|
Location of site on 1:24,000 scale USGS topo
map (See Phase I Checklist). General site plan showing locations of
all field testing procedures, in relation to the planned development
at a minimum scale of 1" = 100 feet.
| ||||
|
B.
|
Time table of proposed field investigation,
laboratory testing, test data receipt and final report to the Town.
If investigation is be performed in more than one phase, give an estimated
schedule of each phase and expected results.
| ||||
|
C.
|
Proposed technical inspection procedures during
investigation (continuous supervision of field investigation is strongly
recommended).
| ||||
|
D.
|
Submission of application fees (§ 88-13)
| ||||
|
Amount:
| |||||
|
Date:
| |||||
|
Future Payments Anticipated:
| |||||
|
E.
|
Special factors or conditions applicant wishes
to bring to the attention of Town geologist:
| ||||
|
TOWN GEOLOGIST REVIEW
| ||
|
A.
|
Phase I Checklist completion date:
| |
|
B.
|
Approval of Phase I Checklist:
| |
|
C.
|
Phase II Checklist completion date:
| |
|
D.
|
Approval of Phase II Checklist:
| |
|
E.
|
Conditions to be imposed on approval:
| |
