A.
All developments shall conform to design standards encouraging sound
development patterns within the Borough. Where an Official Map or
Master Plan have been adopted, the development shall conform to them.
B.
Beach and water area protection. Beach and water areas identified
in the Master Plan for conservation efforts and protection shall not
be designed for development and, in particular, dune restoration efforts
shall be required for ocean beachfront properties. Exceptions to this
policy are not foreseen, but if rare circumstance occurs, such exception
shall be allowed only upon the application of the rigorous standards
to maximize protection of the beach and water resources of the community
and the public at large. Compliance with applicable federal, state
and county regulations will also be required.
[Amended 5-2-1991 by Ord. No. 1104; 9-1-2009 by Ord. No. 1488]
A.
Setback. Any accessory building or structure attached to a principal
building by connecting walls, roofs, patios, decks or similar designs
and materials to make the accessory building or structure an integral
part of the principal building or structure shall be considered part
of the principal building and shall adhere to the yard requirements
for the principal building. The minimum distance of a freestanding
accessory building or structure to a property line or to a building
on the same lot shall be five feet from the rear lot line, five feet
from the side lot line and eight feet from another building or structure
on the same lot.
B.
Height and area. Accessory buildings for nonhabitable purposes in
residential zones shall not exceed 16 feet in height and may occupy
no more than 576 square feet for a vehicle garage, and shall not exceed
10 feet in height and be no more than 100 square feet in area for
a shed.
C.
Location of an accessory building shall only be in the rear yard.
On a corner lot, it shall be set back from the side street to comply
with the setback for the principal building.
[Amended 9-1-2009 by Ord. No. 1488]
Site plan approval is required.
A.
Each overall development shall have a compatible architectural and
landscaping theme with variations in design to provide attractiveness
to the development. Each project shall specify how each of the following
considerations has been incorporated in the overall plans: landscaping
techniques; building orientation to the site and to other structures;
natural features such as waterfront views; drainage facilities; off-street
parking accessible from an on-site driveway or aisle; and building
design features such as varying unit widths, staggering unit setbacks,
providing different exterior materials, changing roof lines and roof
designs, altering building heights, and changing types of windows,
shutters, doors, porches, colors and vertical or horizontal orientation
the facades, singly or in combination.
B.
Length of structures.
(2)
Other
lengths may be approved, provided consideration is given to fire access
between structures, convenient vehicular parking and access throughout
the project, structural breaks, maximizing vistas and views, landscaping,
and overall aesthetic appeal. A multiple-dwelling building shall have
not less than three nor more than four units along one plane and not
more than eight units in one overall structure.
C.
No dwelling unit shall exceed three stories for habitable purposes.
In order to assure adequate parking and on-site circulation, parking
areas and utility rooms may be located at ground level with two habitable
stories located above them, provided the overall building height is
not exceeded.
D.
The density shall not exceed the level permitted in the zoning regulations.
[Amended 9-1-2009 by Ord. No. 1488]
Where in the Mixed Use Zone, except for a one- or two-family
dwelling, a structure or building abuts the residential zone, or where
off-street parking for six or more vehicles or off-street loading
abuts a residential lot, the following requirements shall apply:
A.
A designated buffer area shall be contiguous with residential property
lines and be of uniform width of not less than five feet unless a
different width is specified elsewhere in this chapter for a specific
use. The applicant shall be required to erect and landscape either
a six-foot high fence or install plantings sufficient to provide the
required buffer.
B.
Buffer areas shall be maintained and kept clean of all debris, rubbish,
weeds and tall grass by the owner. Any screen planting shall be maintained
permanently and any plant material which does not live shall be replaced
within one year or one growing season.
C.
No structure, activity, storage of materials, or parking of vehicles
shall be permitted in a buffer area except access drives from public
streets, one unlighted directional sign per each direction of traffic
per access drive, and permitted signs.
D.
Plantings.
(1)
Where parking and loading areas abut a residential lot, a landscaped
screen shall be planted and maintained by the owner of the parking/loading
area to conceal them from view, and eliminate the glare of vehicle
lights throughout the year. The screen shall consist of evergreen
trees, such as hemlock, Douglas fir, and Norway spruce. Trees shall
be planted not more than eight feet apart except where otherwise authorized
by the approving authority. Evergreen trees shall not be less than
four feet high when planted. In the event existing evergreens do not
provide an adequate buffer, supplemental plantings may be required.
(2)
If the buffer area includes existing trees and shrubbery, but not
enough to provide a suitable screen as required above, supplemental
evergreen plantings, trees and shrubs may be required to provide the
landscape screen. If the approving authority finds these supplemental
plantings will not grow satisfactorily, a fence six feet high shall
be erected in the buffer area.
E.
The approving authority shall have the power to waive any of the
buffer requirements if they determine an adequate buffer can be provided
in another manner while maintaining the purposes of this section.
The approving authority shall review the proposed plat and the standards
and purposes for buffers considering the location and setback of buildings
and parking areas; outdoor illumination; existing features such as
trees and buildings; the efficiency, adequacy and safety of the proposed
layout of driveways, streets, sidewalks and parking/loading areas;
the adequacy and location of existing buffer areas; the proposed uses;
and similar features.
Concrete curb shall be installed along all streets in accordance with Chapter 405, Streets and Sidewalks, and, unless waived by the approving authority, along all edges of pavement within a site. The standard curb section shall be 10 feet in length with preformed bituminous expansion joint fillers at ten-foot intervals and shall be set in accordance with approved lines and grades, and radial curbs shall be formed in a smooth curve. The finish shall be a smooth float finish with corners rounded. Concrete curbs shall be six inches by eight inches by 18 inches (six-inch exposed face), using Class B concrete having a twenty-eight-day compressive strength of 3,500 p.s.i. and shall be air entrained. Barrier-free curb ramps shall be constructed in accordance with the "Design Standards for Curb Ramps for the Physically Handicapped" of the N.J. Department of Transportation.
[Amended 9-1-2009 by Ord. No. 1488]
Any system shall be adequate to handle all water which originates
within the development and beyond. Sites shall be planned and designed
to minimize the rate and volume of stormwater runoff and so the rate
and volume leaving the site after development is no greater than it
was before development. No water shall be diverted as to overload
existing systems or create flooding or the need for additional drainage
structures on other lands without provisions being made to handle
these conditions, including off-tract improvements. Piping all stormwater
may not be required, but alternate, equivalent methods may be approved
considering capacity, erosion, safety, maintenance, aesthetics, and
the ability of an alternate system to provide proper drainage.
A.
A twenty-five-year storm curve shall be used in computing stormwater
runoff.
B.
Where piping is required, the pipe size shall be determined by acceptable
engineering design procedures based upon Ocean County Subdivision
Review and Site Plan Review Resolutions, but not less than 15 inches
in diameter. Drain pipes shall be laid to the exact lines and grades
approved by the Municipal Engineer. Specifications for manholes, inlets,
and storm drains shall follow the 1961 State Highway Specifications,
as amended.
C.
Where piping is required, drainage inlets shall be not more than
750 feet apart, or such shorter distances as required to prevent surface
water from encroaching on the required travel lane, or exceeding four
cubic feet per second at the drainage inlet. Access manholes shall
be not more than 500 feet apart and at pipe junctions.
D.
Where a new piped system is installed, a drainage right-of-way easement at least 20 feet wide shall be dedicated to the Borough. See § 200-38.
E.
All stormwater designs shall comply with the soil erosion and sediment control provisions in § 200-56. Grading shall direct drainage away from all buildings, prevent the collection of water in pools, and avoid the concentration of stormwater from one lot to another.
F.
A grading and drainage plan is required prior to the issuance of
a building . A final as-built plan is required prior to the issuance
of a certificate of occupancy.
A.
Permit required. No person shall alter, demolish or construct any
part of a curb or sidewalk for the purpose of installing a driveway
or an opening across said sidewalk or curb for other purposes without
having first applied for and obtained a driveway permit, in writing,
to do so. Said permit shall be issued by the Zoning Official. The
application shall be signed by the applicant or a duly authorized
agent of the applicant and shall show the location of the proposed
driveway or opening in the curb or sidewalk, drawn to scale, with
clearly indicated dimensions of all work to be done.
A.
Drainage and utility easements shall be alongside and/or near property lines where possible, shall not be less than 20 feet wide (except walkways shall have widths as specified in § 200-53, shall be dimensioned on the plat, shall provide for maintenance access, shall prohibit plantings or construction, except as provided for in § 405-27, and shall be identified as follows: "Drainage/utility easement granted to the Borough of Seaside Park as provided for in the Development Regulations Ordinance."
[Amended 11-13-2014 by Ord. No. 1658]
A.
Prior to submitting a preliminary plat, the applicant shall present
an overview of the natural limitations of the site to guide the layout
of the proposed development. Maps showing the Federal Flood Administration
flood hazard boundaries, riparian rights, existing beaches, and natural
dune lines shall be included, where applicable. Little or no text
need accompany this data at this stage. It is anticipated that major
areas of concern can be identified and agreed upon by use of this
generalized data at an early stage in order to avoid development designs
that will encroach upon the major environmentally sensitive areas.
Where environmentally sensitive areas must be encroached upon in exceptional
situations, the environmental impact report submitted at the preliminary
plat stage shall analyze the problem in more detail based on on-site
evaluations and state and federal regulations, but the analysis can
be limited to the smaller areas of impact rather than the whole site.
B.
The preliminary plat shall be accompanied by an environmental impact
report complying with the following, unless as a result of data submitted
prior to the preliminary plat, the approving authority shall have
waived or modified certain portions of these requirements.
(1)
A description of the development specifying what is to be done during
construction and operation to minimize environmental impacts.
(2)
An inventory of the following on-site conditions and an assessment
of the probable impact of the development upon them: water supply;
water quality; flood hazard protection; beach and dune erosion; dune
beach grass protection; sewage collection system capacity; air quality;
historic landmarks; site aesthetics, e.g., views, etc. Air and water
quality shall be described with reference to standards of the Department
of Environmental Protection. Soil erosion and dune protection shall
be described with reference to Soil Conservation Service categories
and plans to stabilize, then rebuild, dunes.
(3)
A list and the status of any approvals needed from federal, state,
or county agencies.
(4)
An evaluation of any adverse environmental impacts which cannot be
avoided, including air and water pollution, noise, sedimentation and
situation, increase in Borough services or capital needs, and consequences
to the Borough's tax structure.
(5)
A description of steps to be taken to avoid or minimize adverse environmental
impacts during construction and operation, including maps, schedules
and other explanatory data.
(6)
Notwithstanding the foregoing, the approving authority may waive
all or part of an environmental impact report based upon a written
request for a waiver accompanied by sufficient evidence to support
a conclusion that the development will have a slight or negligible
environmental impact, or that the complete report need not be prepared
to evaluate the environmental impact of the development.
[Amended 9-1-2009 by Ord. No. 1488; 2-27-2014 by Ord. No. 1646]
A.
No fence shall be erected within the Borough of Seaside Park unless
a permit for the erection of such fence shall have been obtained from
the Construction Official and/or Zoning Officer in accordance with
the requirements of this section. The fence permit application shall
further be accompanied by an accurate survey identifying the tax lot
and block upon which the proposed fence is to be located, the name
and address of the applicant, the height and location of the proposed
fence in relation to all property lines of the premises upon which
the fence is to be located, and the material and type of construction
of the proposed fence. "Fence" or "fencing" is defined as any wood,
masonry, plastic, metal, vinyl or aluminum structure(s) or walls constructed
to shield, screen or protect a lot or portion of a lot.
B.
No fence constructed under this section, subject to the limitations
set forth below, shall exceed six feet in height.
C.
Front yard setback area. No fence constructed under this section
within the front yard setback area of any lot developed with a one-
or two-family dwelling shall exceed four feet in height. Any portion
of the fence that is more than three feet above adjacent grade must
remain at least 50% open to light and air. By way of example, a four-foot-high
fence may consist of a three-foot solid portion with a one-foot portion
above the solid portion that is at least 50% open to light and air.
[Amended 8-28-2014 by Ord. No. 1656]
D.
Waterfront lots. Notwithstanding any provision of this section to
the contrary, in cases in which the developer's lot fronts on a body
of water and is developed with a one- or two-family dwelling, any
fence constructed within 15 feet of the water shall not exceed four
feet in height. Any portion of the fence that is more than three feet
above adjacent grade must remain at least 50% open to light and air.
By way of example, a four-foot-high fence may consist of a three-foot
solid portion with a one-foot portion above the solid portion that
is at least 50% open to light and air.
[Amended 8-28-2014 by Ord. No. 1656]
E.
Any fence which shall be constructed under this section at the corner of a corner lot shall be no higher than 18 inches when constructed within a sight triangle. In addition, any fence constructed along the street sides of a corner lot shall meet the requirements provided for in Subsection C of this section. No fence shall be erected in the public right-of-way under any circumstances.
F.
Any fence to be constructed under this section shall be erected with
the finished side facing the exterior of the lot which is being enclosed
and shall be maintained in good and safe condition at all times. In
addition, where a wire fence is to be constructed under this section,
the unfinished or cut portion of such fence shall be installed toward
the ground.
G.
Commercial trash enclosures. Notwithstanding any provision of this
section to the contrary, a six-foot-high solid fence shall be required
around areas serving a commercial trash collection purpose.
[Amended 8-28-2014 by Ord. No. 1656]
H.
Fences shall be a permitted structure within the minimum setback
areas in accordance with this section, unless specifically prohibited
by other provisions of this chapter.
I.
Inspection. Upon completion of the erection of a fence under this
section requiring a permit, the developer shall notify the Code Enforcement
Official of the completion and shall request an inspection of the
fence.
A.
Where fire hydrants either do not exist or are not of adequate capacity
or designed for Borough fire equipment, provision shall be made for
new fire hydrants along streets and/or on the walls of major nonresidential
structures as approved by the Fire Department or Municipal Engineer
and in accordance with the Insurance Services Office of New Jersey.
New hydrants shall be required as part of a major site plan or a major
subdivision where the midpoint of any lot under review does not lie
within 500 feet of a functioning fire hydrant having fire hose threads
conforming to the fire company equipment with no less than two-and-one-half-inch
hose connections and one four-and-one-half-inch pumper nozzle. Hydrants
shall be set plumb with nozzles 18 inches above grade.
B.
Properties adjacent to the bay or along bulkheads shall provide access
to the bay so water for fire-fighting purposes may be drafted from
the bay. This shall include access suitable for use by fire-fighting
equipment. Such facilities shall be constructed to the satisfaction
of the Municipal Engineer and Fire Department and in accordance with
the Insurance Services Office of New Jersey.
[Amended 8-2-1990 by Ord. No. 1096; 9-27-2006 by Ord. No. 1396; 2-14-2013 by Ord. No. 1620; 4-11-2013 by Ord. No. 1622; 11-23-2015 by Ord. No. 1690; 3-24-2016 by Ord. No. 1696]
A.
Findings of fact.
(1)
The flood hazard areas of the Borough of Seaside Park are subject
to periodic inundation which results in loss of life and property,
health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base, all of which adversely affect
the public health, safety, and general welfare.
(2)
These flood losses are caused by the cumulative effect of obstructions
in areas of special flood hazard which increase flood heights and
velocities and, when inadequately anchored, causes damage in other
areas. Uses that are inadequately floodproofed, elevated or otherwise
protected from flood damage also contribute to the flood loss.
B.
Statement of purpose. It is the purpose of this section to promote
the public health, safety, and general welfare and to minimize public
and private losses due to flood conditions in specific areas by provisions
designed to:
(1)
Protect human life and health;
(2)
Minimize expenditure of public money for costly flood-control projects;
(3)
Minimize the need for rescue and relief efforts associated with flooding
and generally undertaken at the expense of the general public;
(4)
Minimize prolonged business interruptions;
(5)
Minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets, bridges
located in areas of special flood hazard;
(6)
Help maintain a stable tax base by providing for the second use and
development of areas of special flood hazard so as to minimize future
flood blight areas;
(7)
Ensure that potential buyers are notified that property is in an
area of special flood hazard; and
(8)
Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions.
C.
Methods of reducing flood losses. In order to accomplish its purposes,
this section includes methods and provisions for:
(1)
Restricting or prohibiting uses which are dangerous to health, safety,
and property due to water or erosion hazards or which result in damaging
increases in erosion or in flood heights or velocities;
(2)
Requiring that uses vulnerable to floods, including facilities which
serve such uses, be protected against flood damage at the time of
initial construction;
(3)
Controlling the alteration of natural floodplains, stream channels,
and natural protective barriers, which help accommodate or channel
floodwaters;
(4)
Controlling filling, grading, dredging, and other development which
may increase flood damage; and
(5)
Preventing or regulating the construction of flood barriers which
will unnaturally divert floodwaters or which may increase flood hazards
in other areas.
D.
Definitions.
(1)
Unless specifically defined below, words or phrases used in this
section shall be interpreted so as to give them the meaning they have
in common usage and to give this section its most reasonable application.
(2)
ACCUMULATIVE SUBSTANTIAL IMPROVEMENT
AH ZONE
AO ZONE
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BREAKAWAY WALL
COASTAL A OR AE ZONE
COASTAL HIGH-HAZARD AREA
DEVELOPMENT
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
ELEVATED BUILDING
EROSION
EXISTING MANUFACTURED HOME PARK OR SUBDIVISION
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD or FLOODING
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPROOFING
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(a)
(b)
(c)
(d)
LIMIT OF MODERATE WAVE ACTION (LiMWA)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK or SUBDIVISION
PRELIMINARY FLOOD INSURANCE RATE MAP (FIRM)
PRIMARY FRONTAL DUNE
RECREATIONAL VEHICLE
(a)
(b)
(c)
(d)
SAND DUNES
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(a)
(b)
VARIANCE
VIOLATION
As used in this section, the following terms shall have the meanings
indicated:
Any reconstruction, rehabilitation, addition, or other improvement
of a structure that equals or exceeds 50% of the market value of the
structure at the time of the improvement or repair when counted accumulatively
for 10 years.
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually areas of ponding) where average depths are
between one foot and three feet. Base flood elevations (BFEs) derived
from detailed hydraulic analyses are shown in this zone.
Areas subject to inundation by one-percent-annual-chance
shallow flooding (usually sheet flow on sloping terrain) where average
depths are between one foot and three feet.
A request for a review of the Floodplain Manager's interpretation
of any provision of this section or a request for a variance.
A designated AO, AH, or VO Zone on a community's Digital
Flood Insurance Rate Map (DFIRM) with a one-percent annual or greater
chance of flooding to an average depth of one foot 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.
The land in the floodplain within a community subject to
a one-percent or greater chance of flooding in any given year. It
is shown on the FIRM as Zone V, VE, V1-30, A, AO, A1-A30, AE, A99,
or AH.
The flood having a one-percent chance of being equaled or
exceeded in any given year.
The flood elevation shown on a published Flood Insurance
Study (FIS) including the Flood Insurance Rate Map (FIRM). For Zones
AE, AH, AO, and A1-30, the elevation represents the water surface
elevation resulting from a flood that has a one-percent or greater
chance of being equaled or exceeded in any given year. For Zones VE
and V1-30 the elevation represents the stillwater elevation (SWEL)
plus wave effect (BFE = SWEL + wave effect) resulting from a flood
that has a one-percent or greater chance of being equaled or exceeded
in any given year.
Any area of the building having its floor subgrade (below
ground level) on all sides.
A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse
under specific lateral loading forces without causing damage to the
elevated portion of the building or supporting foundation system.
The portion of the special flood hazard area (SFHA) starting
from a Velocity (V) Zone and extending up to the landward limit of
the moderate wave action delineation. Where no V Zone is mapped, the
Coastal A or AE Zone is the portion between the shore and the landward
limit of the moderate wave action delineation. Coastal A or AE Zones
may be subject to wave effects, velocity flows, erosion, scour, or
combinations of these forces, and construction/development is to be
designed to resist the anticipated combination of flood loads, including
hydrostatic, hydrodynamic, wave and debris loads.
An area of special flood hazard extending from offshore to
the inland limit of a primary frontal dune along an open coast and
any other area subject to high-velocity wave action from storms or
seismic sources.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
or storage of equipment or materials located within the area of special
flood hazard.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
A nonbasement building i) built, in the case of a building
in an area of special flood hazard, to have the top of the elevated
floor or, in the case of a building in a Coastal High-Hazard Area,
to have the bottom of the lowest horizontal structural member of the
elevated floor elevated above the ground level by means of piling,
columns (posts and piers), or shear walls parallel to the flow of
the water, and ii) adequately anchored so as not to impair the structural
integrity of the building during a flood up to the magnitude of the
base flood. In an area of special flood hazard, "elevated building"
also includes a building elevated by means of fill or solid foundation
perimeter walls with openings sufficient to facilitate the unimpeded
movement of floodwaters. In areas of coastal high-hazard, "elevated
buildings" also includes a building otherwise meeting the definition
of "elevated building" even though the lower area is enclosed by means
of breakaway walls.
The process of the gradual wearing away of land masses.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed before the effective date of
the floodplain management regulations adopted by a community.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
The official report in which the Federal Insurance Administration
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:
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 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.
The highest natural elevation of the ground surface prior
to construction next to the proposed 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:
Inland limit of the area affected by waves greater than 1.5
feet during the base flood. Base flood conditions between the VE Zone
and the LiMWA will be similar to, but less severe than, those in the
VE Zone.
The lowest floor of the lowest enclosed area (including basement).
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 to render the structure in violation
of other applicable nonelevation design requirements of 44 CFR 60.3.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a "recreational vehicle."
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
Structures for which the start of construction commenced
on or after the effective date of a floodplain regulation adopted
by a community and includes any subsequent improvements to such structures.
A manufactured home park or subdivision for which the construction
of facilities for servicing the lots on which the manufactured homes
are to be affixed (including, at a minimum, the installation of utilities,
the construction of streets, and either final site grading or the
pouring of concrete pads) is completed on or after the effective date
of the floodplain management regulations adopted by the municipality.
The draft version of the FIRM released for public comment
before finalization and adoption.
A continuous or nearly continuous mound or ridge of sand
with relatively steep seaward and landward slopes immediately landward
and adjacent to the beach and subject to erosion and overtopping from
high tides and waves from coastal storms. The inland limit of the
primary frontal dune occurs at the point where there is a distinct
change from the relatively steep slope to a relatively mild slope.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the longest
horizontal projections;
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.
Naturally occurring or man-made accumulations of sand in
ridges or mounds landward of the beach.
For other than new construction or substantial improvements
under the Coastal Barrier Resources Act (P.L. No. 97-348),[1] includes substantial improvements and means the date the
building permit was issued, provided that 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 a 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 or 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. 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.
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally above the ground.
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. "Substantial damage" also means flood-related damages
sustained by a structure on two or more separate occasions during
a ten-year period for which the cost of repairs at the time of each
such flood event, on the average, equals or exceeds 25% of the market
value of the structure before the damages occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure during a ten-year period the cost of which equals or
exceeds 50% of the market value of the structure before the start
of construction of the improvement. "Substantial improvement" also
means "accumulative substantial improvement." This term includes structures
which have incurred substantial damage, regardless of the actual repair
work performed, or repetitive loss. 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 assure 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.
A grant of relief from the requirements of this section that
permits construction in a manner that would otherwise be prohibited
by this section.
The failure of a structure or other development to be fully
compliant with this section. A new or substantially improved structure
or other development without the elevation certificate, other certifications,
or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4),
(c)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation
until such time as that documentation is provided.
[1]
Editor's Note: See 16 U.S.C. § 3501 et seq.
E.
General provisions: Lands to which section applies. This section
shall apply to all areas of special flood hazards within the jurisdiction
of the Borough of Seaside Park, Ocean County, New Jersey.
F.
General provisions: Basis for establishing areas of special flood
hazard.
(1)
The areas of special flood hazard for the Borough of Seaside Park,
Community No. 345319, are identified and defined on the following
documents prepared by the Federal Emergency Management Agency:
(a)
A scientific and engineering report "Flood Insurance Study,
Ocean County, New Jersey (All Jurisdictions)," dated September 29,
2006.
(b)
Flood Insurance Rate Map for Ocean County, New Jersey (All Jurisdictions),
as shown on index and panel(s) 34029C0337G and 34029C0329G, whose
effective date is January 30, 2015.
(2)
The above documents are hereby adopted and declared to be a part
of this section. The Flood Insurance Study and maps are on file at
Borough Hall, 1701 North Ocean Avenue, Seaside Park, New Jersey.
G.
General provisions: Penalties for noncompliance. No structure or
land shall hereafter be constructed, relocated, 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 misdemeanor. Any person who violates
this section or fails to comply with any of its requirements shall,
upon conviction thereof, be fined not more than $1,000 or imprisoned
for not more than 90 days, or both, for each violation, and in addition
shall pay all costs and expenses involved in the case. Nothing herein
contained shall prevent the Borough of Seaside Park from taking such
other lawful action as is necessary to prevent or remedy any violation.
H.
General provisions: Abrogation and greater restrictions. This section
is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this section and other
ordinance, easement, covenant, or deed restriction conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
I.
General provisions: Interpretation. In the interpretation and application
of this section, all provisions shall be:
J.
General provisions: Warning and disclaimer of liability.
(1)
The degree of flood protection required by this section is considered
reasonable for regulatory purposes and is based on scientific and
engineering considerations. Larger floods can and will occur on rare
occasions. Flood heights may be increased by man-made or natural causes.
This section does not imply that land outside the area of special
flood hazards or uses permitted within such areas will be free from
flooding or flood damages.
(2)
This section shall not create liability on the part of the Borough
of Seaside Park, any officer or employee thereof or the Federal Insurance
Administration, for any flood damages that result from reliance on
this section or any administrative decision lawfully made thereunder.
K.
Administration: Establishment of development permit.
(1)
A development permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in § 200-42F. Application for a development permit shall be made on forms furnished by the Floodplain Manager and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:
(a)
Elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures;
(b)
Elevation in relation to mean sea level to which any structure
has been floodproofed;
(c)
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 200-42P(2); and
(d)
Description of the extent to which any watercourse will be altered
or relocated as a result of proposed development.
(2)
Fees to compensate the Borough for the expense of processing applications
for development permits shall be paid with the application. The fee
for a food hazard development permit for all new construction and
substantial improvement shall be $100.
[Amended 5-11-2017 by Ord. No. 1730]
L.
Administration: Designation of local administrator. The Borough Engineer,
or other official designated by the governing body of the Borough
of Seaside Park to be known as the Floodplain Manager, is hereby appointed
to administer and implement this section by granting or denying development
permit applications in accordance with its provisions.
M.
Administration: Duties and responsibilities of administrator. Duties
of the Floodplain Manager shall include, but not be limited to:
(1)
Permit review.
(a)
Review all development permits to determine that the permit
requirements of this section have been satisfied.
(b)
Review all development permits to determine that all necessary
permits have been obtained from those federal, state or local governmental
agencies from which prior approval is required.
(c)
Review all development permits in the coastal high-hazard area
of the area of special flood hazard to determine if the proposed development
alters sand dunes so as to increase potential flood damage.
(d)
Review plans for walls to be used to enclose space below the base flood level in accordance with § 200-42Q(2)(e).
(2)
Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with § 200-42F, Basis for establishing areas of special flood hazard, the Floodplain Manager shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer § 200-42P(1), Provisions for flood hazard reduction: Specific standards: Residential construction, and (2), Provisions for flood hazard reduction: Specific standards: Nonresidential construction.
(3)
Information to be obtained and maintained.
(a)
Obtain and record the actual elevation (in relation to mean
sea level) of the lowest floor (including basement) of all new or
substantially improved structures and whether or not the structure
contains a basement.
(b)
For all new or substantially improved floodproofed structures:
[1]
Verify and record the actual elevation (in relation to mean
sea level); and
[2]
Maintain the floodproofing certifications required in § 200-42K(1)(c).
(c)
In coastal high-hazard areas, certification shall be obtained from a registered professional engineer or architect that the provisions of § 200-42Q(2)(a) and (b)[1] and [2] are met.
(d)
Maintain for public inspection all records pertaining to the
provisions of this section.
(4)
Alteration of watercourses.
(a)
Notify adjacent communities and the New Jersey Department of
Environmental Protection, Dam Safety and Flood Control Section, and
the Land Use Regulation Program prior to any alteration or relocation
of a watercourse, and submit evidence of such notification to the
Federal Insurance Administration.
(b)
Require that maintenance is provided within the altered or relocated
portion of said watercourse so the flood-carrying capacity is not
diminished.
(5)
Substantial damage review.
(a)
After an event resulting in building damages, assess the damage
to structures due to flood and nonflood causes.
(b)
Record and maintain the flood and nonflood damage of substantial
damage structures and provide a letter of substantial damage determination
to the owner and the New Jersey Department of Environmental Protection,
Dam Safety and Flood Control Section.
(c)
Ensure substantial improvements meet the requirements of § 200-42P(1), Provisions for flood hazard reduction: Specific standards: Residential construction, and (2), Provisions for flood hazard reduction: Specific standards: Nonresidential construction.
(6)
Interpretation of FIRM boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Subsection N.
N.
Administration: Variance procedure.
(1)
Appeal Board.
(a)
The Planning Board, as established by Borough of Seaside Park
pursuant to N.J.S.A. 40:55D-25(c) ("Planning Board"), shall hear and
decide appeals and requests for variances from the requirements of
this section.
(b)
The Planning Board shall hear and decide appeals when it is
alleged there is an error in any requirement, decision, or determination
made by the Floodplain Manager in the enforcement or administration
of this section.
(c)
Those aggrieved by the decision of the Planning Board, or any
taxpayer, may appeal such decision to a court of competent jurisdiction,
according to law.
(d)
In passing upon such applications, the Planning Board shall
consider all technical evaluations, all relevant factors, standards
specified in other sections of this section, and:
[1]
The danger that materials may be swept onto other lands to the
injury of others;
[2]
The danger to life and property due to flooding or erosion damage;
[3]
The susceptibility of the proposed facility and its contents
to flood damage and the effect of such damage on the individual owner;
[4]
The importance of the services provided by the proposed facility
to the community;
[5]
The necessity to the facility of a waterfront location, where
applicable;
[6]
The availability of alternative locations for the proposed use
which are not subject to flooding or erosion damage;
[7]
The compatibility of the proposed use with existing and anticipated
development;
[8]
The relationship of the proposed use to the comprehensive plan
and floodplain management program of that area;
[9]
The safety of access to the property in times of flood for ordinary
and emergency vehicles;
[10]
The expected heights, velocity, duration, rate
of rise, and sediment transport of the floodwaters and the effects
of wave action, if applicable, expected at the site; and
[11]
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, and streets and bridges.
(e)
Upon consideration of the factors of § 200-42N(1)(d) and the purposes of this section, the Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.
(f)
The Floodplain Manager shall maintain the records of all appeal
actions, including technical information, and report any variances
to the Federal Insurance Administration upon request.
(2)
Conditions for variances.
(a)
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in § 200-42N(1)(d)[1] through [11] have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
(b)
Variances may be issued for the repair or rehabilitation of
historic structures upon a determination that the proposed repair
or rehabilitation will not preclude the structure's continued designation
as an historic structure and the variance is the minimum necessary
to preserve the historic character and design of the structure.
(c)
(Reserved)
(d)
Variances shall only be issued upon a determination that the
variance is the minimum necessary, considering the flood hazard, to
afford relief.
(e)
Variances shall only be issued upon:
[1]
A showing of good and sufficient cause;
[2]
A determination that failure to grant the variance would result
in exceptional hardship to the applicant; and
[3]
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in § 200-42N(1)(d), or conflict with existing local laws or ordinances.
(f)
Any applicant to whom a variance is granted shall be given written
notice that the structure will be permitted to be built with a lowest
floor elevation below the base flood elevation and that the cost of
flood insurance will be commensurate with the increased risk resulting
from the reduced lowest floor elevation.
O.
Provisions for flood hazard reduction: General standards. In all
areas of special flood hazards, compliance with the applicable requirements
of the Uniform Construction Code (N.J.A.C. 5:23) and the following
standards, whichever is more restrictive, is required:
(1)
Anchoring.
(a)
All new construction to be placed or substantially improved
and substantial improvements shall be anchored to prevent flotation,
collapse, or lateral movement of the structure.
(b)
All manufactured homes to be placed or substantially improved
shall be anchored to resist flotation, collapse or lateral movement.
Methods of anchoring may include, but are not to be limited to, use
of over-the-top or frame ties to ground anchors. This requirement
is in addition to applicable state and local anchoring requirements
for resisting wind forces.
(2)
Construction materials and methods.
(3)
Utilities.
(a)
All new and replacement water supply systems shall be designed
to minimize or eliminate infiltration of floodwaters into the system;
(b)
New and replacement sanitary sewage systems shall be designed
to minimize or eliminate infiltration of floodwaters into the systems
and discharge from the systems into floodwaters;
(c)
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding; and
(d)
For all new construction and substantial improvements, the electrical,
heating, ventilation, plumbing and air-conditioning equipment and
other service facilities shall be designed and/or located so as to
prevent water from entering or accumulating within the components
during conditions of flooding.
(4)
Subdivision proposals.
(a)
All subdivision proposals and other proposed new development
shall be consistent with the need to minimize flood damage;
(b)
All subdivision proposals and other proposed new development
shall have public utilities and facilities, such as sewer, gas, electrical,
and water systems, located and constructed to minimize flood damage;
(c)
All subdivision proposals and other proposed new development
shall have adequate drainage provided to reduce exposure to flood
damage; and
(d)
Base flood elevation data shall be provided for subdivision
proposals and other proposed new development which contain at least
50 lots or five acres (whichever is less).
(5)
Enclosure openings. All new construction and substantial improvements
having fully enclosed areas below the lowest floor that are usable
solely for the parking of vehicles, building access or storage in
an area other than a basement and which are subject to flooding shall
be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or must meet or exceed
the following minimum criteria: A minimum of two openings having a
total net area of not less than one square inch for every square foot
of enclosed area subject to flooding shall be provided. The bottom
of all openings shall be no higher than one foot above grade. Openings
may be equipped with screens, louvers, or other covering or devices,
provided that they permit the automatic entry and exit of floodwaters.
P.
Provisions for flood hazard reduction: Specific standards. In all areas of special flood hazards where base flood elevation data have been provided as set forth in § 200-42F, Basis for establishing areas of special flood hazard, or in § 200-42M(2), Use of other base flood and floodway data, the following standards are required:
(1)
Residential construction.
(a)
New construction and substantial improvement of any residential
structure located in an A or AE Zone shall have the lowest floor,
including basement, together with the attendant utilities and sanitary
facilities, elevated to or above the base flood elevation (FIS/FIRM),
plus two feet, or as required by the Uniform Construction Code (N.J.A.C.
5:23), whichever is more restrictive, with the following exceptions:
electrical wiring and conduit, electrical meter, and HVAC duct work
shall be elevated to or above the base flood elevation (FIS/FIRM)
plus one foot or as required by the Uniform Construction Code (N.J.A.C.
5:23), whichever is more restrictive.
(b)
Require within any AO Zone on the municipality's FIRM that all
new construction and substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated above the
highest adjacent grade two feet above the depth number specified in
feet (at least three feet if no depth number is specified), and require
adequate drainage paths around structures on slopes to guide floodwaters
around and away from proposed structures.
(2)
Nonresidential construction. In an area of special flood hazard,
all new construction and substantial improvement of any commercial,
industrial or other nonresidential structure located in an A or AE
Zone shall have the lowest floor, including basement, together with
the attendant utilities and sanitary facilities, either a) elevated
to or above the base flood elevation (published FIS/FIRM), plus two
feet or as required by the Uniform Construction Code (N.J.A.C. 5:23),
whichever is more restrictive, with the following exceptions: electrical
wiring and conduit, electrical meter, and HVAC duct work shall be
elevated to or above the base flood elevation (FIS/FIRM) plus one
foot or as required by the Uniform Construction Code (N.J.A.C. 5:23),
whichever is more restrictive; and b) require within any AO Zone on
the municipality's DFIRM that all new construction and substantial
improvement of any commercial, industrial or other nonresidential
structure shall have the lowest floor, including basement, elevated
above the highest adjacent grade two feet above the depth number specified
in feet (at least three feet if no depth number is specified), and
require adequate drainage paths around structures on slopes to guide
floodwaters around and away from proposed structures; or
(a)
Be floodproofed so that below the base flood level plus two
feet, the structure is watertight with walls substantially impermeable
to the passage of water;
(b)
Have structural components capable of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy; and
(c)
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in § 200-42M(3)(b)[2].
(3)
Manufactured homes.
(a)
Manufactured homes shall be anchored in accordance with § 200-42O(1)(b).
(b)
All manufactured homes to be placed or substantially improved
within an area of special flood hazard shall be elevated on a permanent
foundation such that the top of the lowest floor is at or above the
base flood elevation (published FIS/FIRM) plus two feet.
Q.
Provisions for flood hazard reduction: Coastal high-hazard area and Coastal A Zones. Coastal high-hazard areas (V or VE Zones) and Coastal A Zones (or AE Zones) are located within the areas of special flood hazard established in § 200-42F. These areas have special flood hazards associated with high-velocity waters from tidal surges and hurricane wave wash; therefore, the following provisions shall apply:
(2)
Construction methods.
(a)
Elevation. All new construction and substantial improvements
in the coastal high-hazard areas shall be elevated on piling or columns
so that:
[1]
The bottom of the lowest horizontal structural member of the
lowest floor (excluding the piling or columns) is elevated to or above
the base flood elevation (published FIS/FIRM) plus two feet or as
required by the Uniform Construction Code (N.J.A.C. 5:23), whichever
is more restrictive, with the following exceptions: Electrical wiring
and conduit, electrical meter, and HVAC duct work shall be elevated
to or above the base flood elevation (FIS/FIRM) plus one foot or as
required by the Uniform Construction Code (N.J.A.C. 5:23), whichever
is more restrictive.
[2]
With all space below the lowest floor's supporting member open so as not to impede the flow of water, except for breakaway walls as provided for in § 200-42Q(2)(e).
(b)
Elevation. All new construction and substantial improvements
in the Coastal A Zones shall be elevated on piling, columns or in
accordance with ASCE so that:
[1]
The first-floor elevation is elevated to or above the base flood
elevation (published FIS/FIRM) plus two feet or as required by the
Uniform Construction Code (N.J.A.C. 5:23), whichever is more restrictive,
with the following exceptions: Electrical wiring and conduit, electrical
meter, and HVAC duct work shall be elevated to or above the base flood
elevation (FIS/FIRM) plus one foot or as required by the Uniform Construction
Code (N.J.A.C. 5:23), whichever is more restrictive.
[2]
With all space below the lowest floor's supporting member open so as not to impede the flow of water, except for breakaway walls as provided for in § 200-42Q(2)(e).
(c)
Structural support.
[1]
All new construction and substantial improvements shall be securely
anchored on piling or columns.
[2]
The pile or column foundation and structure attached thereto
shall be anchored to resist flotation, collapse or lateral movement
due to the effects of wind and water loading values, each of which
shall have a one-percent chance of being equaled or exceeded in any
given year (one-hundred-year mean recurrence interval).
[3]
There shall be no fill used for structural support.
(d)
Certification. A registered professional engineer or architect shall develop or review the structural design specifications and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for compliance with the provisions of § 200-42Q(2)(a), (b) and (c)[1] and [2].
(e)
Space below the lowest floor.
[1]
Any alteration, repair, reconstruction or improvement to a structure
started after the enactment of this section shall not enclose the
space below the lowest floor unless breakaway walls, open wood lattice-work
or insect screening are used as provided for in this section.
[2]
Breakaway walls, open wood lattice-work or insect screening
shall be allowed below the base flood elevation, provided that they
are intended to collapse under wind and water loads without causing
collapse, displacement or other structural damage to the elevated
portion of the building or supporting foundation system. Breakaway
walls shall be designed for a safe loading resistance of not less
than 10 pounds per square inch and no more than 20 pounds per square
foot. Use of breakaway walls which exceed a design safe loading of
20 pounds per square foot (either by design or when so required by
local or state codes) may be permitted only if a registered professional
engineer or architect certifies that the designs proposed meet the
following conditions:
[a]
Breakaway wall collapse shall result from a water
load less than that which would occur during the base flood; and
[b]
The elevated portion of the building and supporting
foundation system shall not be subject to collapse, displacement or
other structural damage due to the effects of wind and water load
acting simultaneously on all building components (structural and nonstructural).
Water loading values used shall be those associated with the base
flood. Wind loading values used shall be those required by applicable
state or local building standards.
[3]
If breakaway walls are utilized, such enclosed space shall be
used solely for the parking of vehicles, building access, or storage
and not for human habitation.
[4]
Prior to construction, plans for any breakaway wall must be
submitted to the Construction Official or Building Subcode Official
for approval.
(3)
Sand dunes. There shall be no man-made alteration of sand dunes within
Zones VE and V on the community's DFIRM which would increase potential
flood damage.
The objective is to minimize undesirable off-site effects. All
area lighting, such as parking lots or for security, shall provide
translucent fixtures with shields around the light source. The light
intensity at ground level shall be a maximum of one footcandle. The
total quantity of light radiated above a horizontal plane passing
through the light source shall not exceed 7 1/2%. For recreation
purposes, more intense lighting may be permitted, provided the shielding
and possible required planting buffer are approved as part of the
plat. No lights shall shine or reflect into windows or onto streets
and driveways. No lights shall be rotating, pulsating, or other intermittent
frequency.
[Amended 9-1-2009 by Ord. No. 1488]
A.
Insofar as is practical, lots shall be rectangular, lot lines shall
be straight, and side lot lines shall be either at right angles or
radial to street lines.
C.
Corner lots. Corner lots shall be of sufficient dimensions to allow
building setbacks to meet the front yard requirements along each street.
D.
Where there is a question as to the suitability of a lot(s) due to
flood conditions, high water table, or similar circumstances, the
approving authority may withhold approval of such lots or require
deletion of said lot(s) with the area merged into adjacent lot(s).
E.
Where two or more contiguous lots exist under the same ownership
and one or more of said lots do not conform with the area and/or dimension
requirements of this chapter, said contiguous lots shall be considered
merged into the greatest number of conforming lots.
F.
Whenever land has been dedicated to the Borough to meet the minimum
street width requirements or to implement the Official Map or Master
Plan, the Zoning or Code Enforcement Officer shall not withhold a
zoning and/or occupancy permit when the lot depth and/or area was
rendered substandard due to such dedication and where the owner has
no adjacent lands to meet the minimum requirements.
[Amended 5-2-2013 by Ord. No. 1615]
[Amended 5-2-2013 by Ord. No. 1615]
Monuments shall be the size and shape required by N.J.S.A. 46:23-9.9
et seq., the Map Filing Law, as amended, be placed in accordance with
said statute, and indicated on the final plat.
[Amended 11-5-1987 by Ord. No. 1027; 11-4-1993 by Ord. No. 1152; 11-29-2006 by Ord. No. 1407; 9-1-2009 by Ord. No. 1488; 10-28-2011 by Ord. No. 1544; 4-12-2012 by Ord. No. 1588; 2-14-2013 by Ord. No.
1619; 12-12-2013 by Ord. No. 1642]
The once lawful use of the land or a structure existing at the
date of the adoption of this chapter may be continued although such
use or structure does not now conform to the regulations specified
by the chapter for the zoning district in which such use, lot or building
is located.
A.
Lots. Any lot legally existing at the time of the enactment of this
chapter that is less than 5,000 square feet but not less than 2,500
square feet can be issued a building permit to construct a structure
without an application for a variance to the appropriate land use
board, provided that on the date of permit issuance, the structure
shall conform to all of the regulations within the applicable zone
set forth in this chapter.
B.
Abandonment. Any nonconforming use, established pursuant to N.J.S.A.
40:55D-68, shall be considered abandoned where the totality of facts
establish by a qualitative preponderance of the evidence:
C.
Application for abandonment of a nonconforming use.
[Added 11-13-2014 by Ord. No. 1659[1]]
(1)
The Zoning Officer may issue a development permit to change the use
of a lot or structure from a preexisting nonconforming two- or multifamily
dwelling to a conforming single-family dwelling for a lot in the Residential
Zone upon application which shall include the following:
(a)
A deed restriction in recordable form which shall contain the
following language:
In consideration of the grant of a development permit to change
the use of the above-referenced lot or structure(s) contained thereupon
from a preexisting, nonconforming two- or multifamily dwelling to
a conforming single-family dwelling for a lot in the Residential Zone
issued by the Zoning Officer of the Borough of Seaside Park pursuant
to application of the title holder referenced hereinabove to said
real property, the undersigned title holder does hereby establish
and agree to be bound by this restrictive covenant to confirm that
the above-referenced real property is used as a single-family residential
dwelling and any preexisting, nonconforming use is hereby legally
abandoned. This covenant shall run with the land and be binding upon
the heirs, successors and assigns and upon any other person(s) and/or
entity to which the title holder transfers title.
The proposed deed shall be reviewed and approved by the Borough
Attorney or Planning Board Attorney.
(b)
Proposed floor plans and elevations as applicable and as may
be required by the Zoning Officer of the structure(s) subject to the
abandonment if any construction or alteration is proposed to effect
the change of use.
(c)
A written statement of all construction proposed to effect the
change of use.
(d)
Copies of all construction permit applications required to effect
the proposed construction.
(e)
Any other documentation requested by the Zoning Officer that
he determines is reasonably required to make a decision on the application.
(f)
An application fee of $100 (if no permits are needed to be issued),
made payable to the Borough of Seaside Park.
(2)
The effective date for the conversion of a preexisting, nonconforming
two- or multifamily dwelling to a conforming single-family dwelling
for a lot in the Residential Zone shall be upon the issuance of a
certificate of occupancy for a single-family residential dwelling.
The official records of the Borough of Seaside Park shall be adjusted
accordingly.
(4)
The Zoning Officer shall make inspections of the premises as necessary
to determine and document existing conditions at the premises.
(5)
If the Zoning Officer determines the application constitutes an abandonment
of a nonconforming two- or multifamily use and change of use to a
conforming single-family dwelling use, he shall approve the application
and issue a permit for same upon appropriate conditions, which shall
include filing and recording of the deed restriction (as approved
by counsel) with the Ocean County Clerk's office. A copy of the permit,
recorded deed restriction, and certificate of occupancy shall be forwarded
to the Planning Board, the Borough Clerk, the Code Enforcement Official,
the Water Superintendent, and the Water, Sewer Utility Collector for
filing and the Tax Assessor.
(6)
If the Zoning Officer is unable to determine whether abandonment
is effected by the application, the application shall be denied. The
developer may appeal the decision to the Planning Board pursuant to
N.J.S.A. 40:55D-70(a). Nothing herein shall bar a developer from making
an appropriate application for relief directly to the Planning Board.
D.
Maintenance may be made to a nonconforming use, structure or lot,
provided the maintenance work does not change the use, expand the
building or the functional use of the building, increase the area
of a lot used for a nonconforming purpose, or increase the nonconformity
in any manner.
E.
Building additions. Any structure legally existing at the time of
the enactment of this chapter but which structure violates any setback
or height requirement, or if the lot on which a structure is situated
is undersized or has one or more dimensions that do not comply with
this subsection, the owner may apply for and be issued a building
permit to construct an addition to the structure without an appeal
to the appropriate land use board, provided that all of the following
provisions are met:
[Amended 1-26-2017 by Ord. No. 1722]
(1)
All the requirements for a proper building permit, other than those
exempted in this section, are met.
(2)
The addition does not violate the required setbacks or height requirements.
(3)
The addition itself does not violate any use, the requirements of
which are within this chapter.
(4)
The addition does not eliminate any existing off-street parking on
the lot nor does it create the need for more off-street parking that
cannot still be met on site.
(5)
The addition does not cause or enlarge a violation of the building
coverage or lot coverage requirements of this chapter, and any new
foundation area created by the addition does not exceed 50% of the
foundation area of the existing principal building.
(6)
Existing front steps which are in violation of the front and/or side
yard setbacks and in need of repair may be removed and reconstructed,
provided that:
(a)
The steps are reconstructed in either the same configuration
or a different configuration in order to meet current building code
requirements and do not project any farther into the front or side
yard setbacks or exceed existing height at any point other than within
a distance measured horizontally from the subject doorway equal to
the minimum required by current building code plus one foot.
(b)
In no event shall the steps or associated railings be permitted
to extend beyond the property lines.
F.
Restoration and repairs.
(1)
Total destruction.
(a)
N.J.S.A. 40:55D-68 does not allow for the rebuilding of a nonconforming
use or structure that is completely destroyed. Total destruction terminates
the grandfathered nonconforming use or structure regardless of the
cause of the total destruction.
(b)
Total destruction shall be determined by both the Borough's
Zoning Officer and Construction Official. If they agree that there
has been total destruction, the nonconforming use or structure cannot
be restored or repaired to its previous nonconforming status.
(c)
If the Zoning Officer and the Construction Official do not agree,
the decision must be sent to the Board of Adjustment for resolution.
(d)
If the Zoning Officer and the Construction Official is the same
person or if both functions are performed by one service provider
or contractor on behalf of the Borough, then the matter must be referred
to the Board of Adjustment for a decision.
(e)
The property owner retains the right to appeal the decision
of the Zoning Officer and/or the Construction Official to the Board
of Adjustment.
(2)
Partial destruction.
(a)
Any nonconforming use or structure existing prior to the adoption
of new zoning ordinances may be continued upon the lot or in the structure
so occupied, and any such structure may be restored or repaired to
the previous level of nonconformity in the event of partial destruction,
provided:
(b)
Any nonconforming structure or use partially destroyed at the
convenience of the owner, such as demolition, major remodeling or
similar action, or if partial destruction is the result of arson or
some other illegal action by the owner or agent directed at destroying
the nonconforming structure or use, shall not be rebuilt except in
conformity with the provisions of this chapter.
(3)
Repairs and maintenance. Repairs and maintenance work as required
to keep a structure in sound and safe condition, or to rebuild after
damages to said premises, may be made to a nonconforming structure,
providing the repairs and maintenance do not change the use, expand
the building or functional use or increase the nonconformity in any
manner. If any repair or maintenance undertaken pursuant to this subsection
results in the total destruction of the structure or exceeds the limits
of this section, then such structure shall not be rebuilt except in
conformity with the provisions of this chapter.
G.
Elevation.
(1)
Findings of fact.
(a)
The flood hazard areas of the Borough of Seaside Park are subject
to periodic inundation which results in loss of life and property,
health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and
relief, and impairment of the tax base, all of which adversely affect
the public health, safety, and general welfare.
(b)
These flood losses are caused by the cumulative effect of obstructions
in areas of special flood hazard which increase flood heights and
velocities, and when inadequately anchored, cause damage in other
areas. Uses that are inadequately floodproofed, elevated or otherwise
protected from flood damage also contribute to the flood loss.
(2)
Statement of purpose. It is the purpose of this subsection to promote
the public health, safety, and general welfare and to minimize public
and private losses due to flood conditions in specific areas by encouraging
residents to elevate certain structures in the Borough which shall
therefore:
(a)
Protect human life and health;
(b)
Minimize expenditure of public money for costly flood control
projects;
(c)
Minimize the need for rescue-and-relief efforts associated with
flooding and generally undertaken at the expense of the general public;
(d)
Minimize prolonged business interruptions;
(e)
Minimize damage to public facilities and utilities such as water
and gas mains, electric, telephone and sewer lines, streets, and bridges
located in areas of special flood hazard;
(f)
Help maintain a stable tax base by providing for the sound use
and development of areas of special flood hazard so as to minimize
future flood blight areas;
(g)
Ensure that those who occupy the areas of special flood hazard
assume responsibility for their actions.
(3)
Elevation of nonconforming structure.
[Amended 5-25-2023 by Ord. No. 2023-03]
(a)
Any principal structure legally existing at the time of the enactment of this subsection but which structure violates any setback requirement, or if the lot on which a structure is situated is undersized or has one or more dimensions that do not comply with this chapter, the owner may apply for and be issued a building permit to elevate the structure to comply with either the effective Flood Insurance Rate Map (FIRM) base flood elevations (BFEs), dated September 29, 2006, set forth in § 200-42F or the base flood elevations set forth on the Preliminary Flood Insurance Rate Map for the Borough of Seaside Park, prepared by the Federal Emergency Management Agency, dated January 30, 2015, set forth in § 200-42F, plus two feet of freeboard, provided all the following provisions are met:
[1]
All requirements for a proper building permit, other than those
exempted in this section, are met;
[2]
The structure shall not be elevated any more than the minimum amount required to meet Subsection G(3) above;
[3]
The total square footage of habitable space provided by the
elevated structure is not increased;
[4]
The elevated structure shall conform to the minimum construction standards for the lot's FIRM zone as set forth in § 200-42, Flood damage prevention. Alternatively, the structure may conform to the minimum construction standards recommended for the lot's preliminary FIRM zone as set forth in § 200-42.
(b)
In the event a lot is subject to prior land use board approvals,
a permit may be granted pursuant to this subsection notwithstanding
any condition of approval that requires further board review prior
to additional development upon the lot.
H.
Certificate of nonconformity.
(1)
The prospective purchaser, prospective mortgagee, or any other person
interested in any land upon which a nonconforming use or structure
exists may apply in writing for the issuance of a certificate certifying
that the use or structure existed before adoption of the ordinance
which rendered the use or structure nonconforming. The applicant shall
have the burden of proof. Application pursuant hereto may be made
to the administrative officer, defined as the Borough Zoning Officer,
within one year of the adoption of the ordinance which rendered the
use or structure nonconforming or any time to the Planning Board.
(2)
The administrative officer shall be entitled to demand and receive
for such certification issued by him a reasonable fee not in excess
of those provided in N.J.S.A. 54:5-14 and N.J.S.A. 54:5-15. The fees
collected by the official shall be paid by him to the municipality.
Denial by the administrative officer shall be appealable to the Planning
Board. Sections 59 through of 62 of P.L. 1979, c. 291 (N.J.S.A. 40:55D-72
to N.J.S.A. 40:55D-075) shall apply to applications or appeals to
the Planning Board.
Before final approval, payment of the developer's pro rata share
of the following off-site and off-tract improvements may be required:
street improvements, water system, sewerage, drainage facilities and
easements therefor.
A.
Essential off-site and off-tract improvements shall be installed
or a performance guarantee furnished in lieu thereof, with the total
cost borne by the developer.
(1)
Direct access to an improved street and connection to the water supply
and sanitary sewer collection system shall be required.
(2)
Where demand for water and/or sewer service is beyond the capacity of present facilities, the approving authority may grant final plat approval, provided the developer acquires land, constructs improvements, and dedicates such water and sewer facilities to the Borough to overcome the present capacity limitations. Where the expanded facilities have a capacity beyond the needs of the development, the cost to the developer shall be in accordance with Subsection B below.
(3)
Where off-site and off-tract drainage facilities are not adequate
to accommodate stormwater from the development, the approving authority
may grant final approval if the developer shall acquire, improve and
dedicate to the Borough such enlarged, additional or new drainage
facilities.
(4)
In lieu of the developer's performing such off-site and off-tract
work, the developer may enter into an agreement for such work to be
performed by the Borough or its contractors at the cost of the developer.
(5)
Where off-site and off-tract improvements are essential to the development
and the developer does not consent to the improvements, the application
shall be denied, without prejudice, to such time when the conditions
no longer apply.
B.
Advisable off-site and off-tract improvements are those which, although
not essential, would promote the objectives of this chapter and can
be most appropriately accomplished in connection with the development.
Where such improvements are required as a local improvement by the
Borough and the costs are to be assessed against all properties specially
benefited thereby (including the property of the developer), the following
provisions shall apply:
(1)
The approving authority shall refer its recommendations to the governing
body.
(2)
If the governing body concurs, the Municipal Engineer or other professional
shall determine the nature of the improvements, including the needs
created by the development and the existing needs in the area, notwithstanding
the proposed development.
(3)
An estimate of the costs of such work shall be prepared, including
all costs to be in any local improvement ordinance and those to be
assessed to the developer. Costs shall include construction, engineering,
any easement or right-of-way acquisition, legal work, advertising,
contingencies, bonding, and assessments.
(4)
If the governing body will not adopt a local improvement ordinance,
the development shall be designed accordingly.
(5)
If a local improvement ordinance is adopted, the governing body shall
proceed in the following manner:
(a)
If sufficient funds are available for the initial appropriation,
the governing body may appropriate such funds and adopt such ordinance.
(b)
If sufficient funds are not available for the initial appropriation,
the governing body may determine the anticipated amount that the lands
of the applicant would be expected to be assessed.
[1]
This amount shall be deposited by the applicant with the Borough
Treasurer prior to final approval and prior to introduction of the
local improvement ordinance.
[2]
The deposit shall be made concurrent with an agreement between
the applicant and the Borough outlining the purposes for which the
money may be spent; that such deposit may be appropriated by the Borough
and commingled with other appropriated funds and expended for the
designated purposes; that if not spent within an agreed upon time,
said deposit shall be returned to the applicant; that the properties
specially benefited by such improvement shall be assessed as provided
by law, including the property of applicant; that the applicant's
deposit shall be credited against the assessment and any difference
shall be paid to the Borough or, if the deposit exceeded the amount
assessed, the excess shall be refunded to the applicant, without interest.
[3]
Where said off-site and off-tract improvements are found by
the approving authority to be advisable and important to the sound
development of the site, but the developer is unwilling to make such
deposit as specified above, then there shall be no final approval
until funds become available for the initial appropriation required
to adopt the local improvement ordinance.
(6)
The governing body shall determine whether or not to adopt a local
improvement ordinance within 30 days after the referral by the approving
authority unless the time is extended with the consent of the applicant.
If the determination is not made within the designated period, the
approving authority shall proceed as if the local improvement ordinance
is not to be adopted.
[Amended 9-1-2009 by Ord. No. 1488]
A.
Access to and from lots; driveways. See also § 200-37, Driveways.
[Amended 2-13-2021 by Ord. No. 2020-02]
(1)
Access drives shall be limited to one to any lot unless more are
specifically authorized in this chapter.
(2)
Each drive to a single-family or two-family dwelling shall have a width of at least 10 feet, but not more than 12 feet at their opening, but may transition beginning at the rear face of the sidewalk to a wider drive subject to the provisions of this chapter. See also, Chapter 405, Schedule A, entitled "Driveway Apron/Depressed Curb Detail."[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(3)
Each driveway to a parking lot for other uses having a parking capacity
for six or more vehicles shall be 12 feet wide for one-way traffic
and 25 feet wide for two-way traffic. A driveway 25 feet wide shall
handle no more than two lanes of traffic. A driveway to a parking
lot for six or more vehicles shall be at least 20 feet from the street
line of any intersecting street, except if the lot is greater than
25 feet wide, the driveway shall be located along the side of the
property farthest from the street intersection but need not be farther
than 75 feet from the intersection and be at least two feet from any
property line, except that an access drive may be shared by abutting
properties in which case the access drive may overlap the property
line. Curbing shall be either depressed at the driveway or have the
curbing rounded at the corners with the access drive connected to
the street in the same manner as another street.
B.
Access to off-street parking and loading spaces shall be by on-site
aisles or driveways to permit each vehicle to proceed to and from
each space without moving another vehicle, except that with residential
units the second space required for each unit may block the first
space for that unit, but no parking space from one unit may block
the parking space of another unit nor block the access aisle or driveway.
Parking spaces shall not be an extension of any street right-of-way.
C.
Buffers. Parking areas for six or more vehicles and loading areas for nonresidential uses shall be buffered from adjoining streets and residential uses meeting the objectives of § 200-34, Buffers.
D.
Curbing. Parking and loading areas for commercial uses, and parking
lots for residential uses having six or more spaces, shall have concrete
curbing around the perimeter in conjunction with a drainage plan.
In lieu of concrete curbing, the approving authority may accept equivalent
methods of defining the edge of paving, preventing vehicles from encroaching
upon nonpaved areas, controlling drainage and guiding traffic circulation.
Curbing, or any alternative, shall be ramped in accordance with the
"Design Standards for Curb Ramps for the Physically Handicapped" of
the N.J. Department of Transportation.
E.
Dimensions.
(1)
Off-street parking spaces shall be nine feet by 18 feet. Parking
spaces shall be at least 20 feet in length except that the last two
feet may either be paved or be a grassed overhang area, and except
further that parallel spaces shall be 25 feet in length. In parking
lots containing less than 20 spaces a minimum of one space shall be
at least 12 feet wide and for parking lots with more than 20 spaces,
1% of all spaces but not less than one space nor more than 10 spaces
shall be 12 feet wide. These wider spaces shall be located in one
area not more than 100 feet from the entrance to the building being
served and designated as parking for the handicapped.
Parking Spaces
10 Feet Wide
|
Parking Spaces
9 Feet Wide
| ||||
---|---|---|---|---|---|
1-Way
|
2-Way
|
1-Way
|
2-Way
| ||
Angle of Parking Space
(degrees)
|
Aisle
(feet)
|
Aisle
(feet)
|
Aisle
(feet)
|
Aisle
(feet)
| |
90°
|
25
|
25
|
26
|
26
| |
60°
|
18
|
20
|
20
|
22
| |
Parallel
|
12
|
18
|
12
|
18
|
(2)
Off-street loading spaces shall have 15 feet of vertical clearance
and be designed as follows:
Loading Space
|
Apron Length
| |||
---|---|---|---|---|
Length
(feet)
|
Width
(feet)
|
90°
(feet)
|
60°
(feet)
| |
60
|
10
|
72
|
66
| |
60
|
12
|
63
|
57
| |
60
|
14
|
60
|
54
|
F.
Drainage facilities shall be installed in accordance with good engineering practice as approved by the Municipal Engineer and in accordance with the drainage provisions of § 200-36. Where subbase conditions are of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least 12 inches below the subgrade and filled with a suitable subbase material as determined by the Municipal Engineer. Parking spaces shall have a minimum grade of 0.5%.
G.
Surfacing for commercial uses, multifamily housing projects, as well
as residential lots requiring more than six parking spaces shall be
approved as part of the plan approval. Areas to experience heavy traffic,
e.g., driveways and loading areas, shall be paved over a stable subbase
with not less than four inches of compacted, plant-mixed bituminous
stabilized base course in layers of not more than two inches compacted
thickness, or equivalent, plus a minimum two-inch thick compacted
wearing surface of bituminous concrete (FABC), or equivalent. Areas
to experience lighter traffic, e.g., parking spaces, shall have paving
of three inches of compacted base course and 1.5 inches compacted
wearing surface of the same material. All shall be constructed in
accordance with the Standard Specifications of the New Jersey Department
of Transportation. Parking to serve single-family and two-family homes
may be approved with compacted stone rather than concrete or blacktop
in order to minimize stormwater runoff, provided a concrete driveway
apron extends from the curbline a distance at least three feet beyond
the street right-of-way.
H.
Landscaping within and around parking and loading areas shall be shown on the site plan, including the buffer requirements in § 200-34. Any plantings which do not live shall be replaced within one year or one season.
I.
Minimum parking and loading requirements shall be based on the schedule
for each zoning district. Uses not listed shall provide sufficient
spaces as determined during site plan review.
J.
Location.
(1)
Parking and loading spaces shall be located on the same lot as, or
an adjacent lot to, the use being served. Off-street parking or loading
spaces shall be designed in off-street parking and loading areas and
shall not require part of a street for maneuvering or parking. The
edge of any parking space, aisle, or driveway shall be at least five
feet from any building and street right-of-way.
(2)
No parking and loading space shall be located in any required buffer
area and all spaces shall be set back sufficient distance to prevent
any part of a vehicle from overhanging the street right-of-way or
property line.
(3)
Parking spaces located to serve residential uses shall be convenient
to the intended use, but generally be within 75 feet of the entrance
of the building and within 150 feet of commercial uses.
(4)
No parking shall be permitted in fire lanes, driveways, aisles, sidewalks,
or turning areas.
(5)
Handicapped spaces shall be identified by a capital "H" painted in
the space with a sign facing the end of each space displaying the
international symbol.
A.
Air, water and environmental pollution. No use shall emit heat, odor,
vibrations, noise, or any other pollutant into the ground, water,
or air that exceeds the most stringent applicable state and federal
regulation. No permit shall be issued for any use where a state permit
is required until the state has ascertained and approved the level
and quality of emission, type and quality of emission control, and
level of monitoring to be conducted.
B.
Storage and waste disposal. No site shall be used for the storage
of waste or garbage from any other site. No materials shall be deposited
so they can be transferred off the lot, directly or indirectly, by
natural forces such as precipitation, surface water, evaporation or
wind. All materials which might create a pollutant or be a safety
and health hazard shall be stored indoors and/or be enclosed in appropriate
containers to eliminate such pollutant or hazard. No flammable or
explosive substance shall be stored on a property except under conditions
approved by the Fire Department. No bulk storage of materials or equipment
shall be in any front yard, nor closer to any street line than 100
feet, nor closer to any side or rear lot line than the minimum setback
for principal buildings. Each site shall provide appropriate area(s),
properly screened from adjacent property, for the orderly deposit
and pickup of trash and garbage.
[Amended 9-1-2009 by Ord. No. 1488; 7-28-2022 by Ord. No. 2022-12]
No lot in the Residential Zone shall have erected upon it more
than one principal permitted use. No more than one principal building
shall be permitted on one lot except that office complexes and businesses
on the boardwalk may be permitted more than one building on a lot
in accordance with an approved site plan where all buildings are spaced
to provide the same distance between buildings that would have resulted
had the adjacent buildings been placed on separate lots.
Public utilities shall be connected to approved public utility
systems. Electric, telephone and cable TV distribution supply lines
and service connections shall be installed underground, except lots
which abut streets with existing overhead lines may be supplied from
those overhead lines, but the service connections shall be installed
underground. Should an extension of service occur as a result of a
development, any replacement, relocation or extension of existing
overhead lines shall be underground.
Sidewalks shall be installed according to Chapter 405, Streets and Sidewalks, along all public streets located so the edge of the sidewalk closest to the street is 30 inches from the back side of the curb. Sidewalks shall be at least four feet wide and constructed of Class B concrete, 3,500 p.s.i., air-entrained and shall be four inches thick except at points of vehicular crossing where they shall be at least six inches thick. Sidewalks crossing driveways shall be reinforced with welded steel wire fabric having a six-inch-by-six-inch configuration of ten-gauge wire. Where sidewalks cross curbs, curb ramps shall be provided as outlined in § 200-35. Expansion joints shall be 1/2 inch wide, placed at intervals of approximately 20 feet and where sidewalks abut curbing, utility pole, manholes or any other structure, and shall be filled with preformed expansion joint filler for the full depth of the concrete.
A.
The sight triangle is the triangular area outside the street right-of-way.
Its triangular shape is formed by the two intersecting street right-of-way
lines and a third line running diagonally across the corner. Where
streets and driveways intersect a state or county road, the sight
triangle shall conform to state or county requirements. At all other
street and driveway locations, the length of the side of the triangle
along the curbline of the intersecting street, or along the edge of
a driveway, shall be 20 feet. The length along the curbline of the
through street shall be 60 feet. The classifications of existing and
proposed streets shall be those shown on the adopted Master Plan or
as designated by the approving authority where a new street is proposed
that is not on the Master Plan. A sight triangle easement shall be
expressed on the plat as follows: "Sight triangle easement subject
to grading, planting and construction restrictions as provided in
the Borough of Seaside Park Development Regulations Ordinance." Portions
of a lot set aside for the sight triangle may be calculated in determining
the lot area and minimum setbacks required by the zoning provisions.
B.
Sight triangles shall be required at each corner of street intersections
and at intersections of streets and driveways serving commercial and
multifamily housing developments. The area within sight triangles
shall be either dedicated as part of the street right-of-way or kept
as part of the lot and identified as a sight triangle easement. No
planting or structure shall be erected or maintained more than 18
inches above the center-line grade of the intersecting street or driveway
or lower than 10 feet above their center lines, excluding street name
signs and official traffic regulations signs. Where any intersection
involves vegetation, including trees, the developer shall trim or
selectively thin trees to provide the sight triangle.
[Amended 7-23-2009 by Ord. No. 1480; 9-1-2009 by Ord. No. 1488]
A.
ATTACHED SIGN
AWNING, CANOPY OR MARQUEE SIGN
FREESTANDING SIGN
PORTABLE SIGN
ROOF SIGN
SEASONAL SIGN
SIGN
TEMPORARY SIGN
Definitions. The following words, terms and phrases used in this
section shall have the indicated meanings:
Any sign erected, constructed or maintained on a building
with the principal support of said sign being the building, including
specifically the painting of signs or displays on the exterior surface
of the building.
A sign that is mounted or painted on or attached to an awning,
canopy or marquee. Such sign shall not project above, below or beyond
the awning, canopy or marquee.
A sign supported by one or more upright poles, columns, or
braces placed in or on the ground and not attached to any building
or structures.
Any sign displayed only during business hours and located
within the business property lines. Portable signs are temporary and/or
seasonal by definition.
A sign which is erected, constructed or maintained on, above
or as part of the roof of any building.
A temporary sign intended for seasonal use or a special event.
Any announcement, display, advertisement or illustration
placed to be seen from any street or public way.
Any seasonal sign, exterior poster, handbill, advertisement,
banner, or other material which is not intended to remain more than
120 days at a particular location, with the exception of political
signs and real estate signs.
B.
General sign provisions.
(1)
No signs or any other advertising structure shall be erected, altered
or replaced which is not in accordance with the standards established
in this section and the Uniform Construction Code of the State of
New Jersey. No signs or any other advertising structures or devices
shall be permitted in the Borough except as specified in this section.
The Code Enforcement Officer or a duly designated representative shall
deem the type, location, use and/or purpose of each sign appropriate.
(2)
All signs shall be maintained in good condition and state of repair.
If the Code Enforcement Officer or a duly designated representative
shall find that any sign is unsafe, insecure or in need of repair,
or is not maintained in proper condition, the Code Enforcement Officer
shall give written notice to the permittee thereof. If the permittee
fails to repair or remove it within 10 days after such notice, such
sign may be removed by the Code Enforcement Officer at the expense
of the permittee or owner of property on which it is located. The
Code Enforcement Officer or a duly designated representative may cause
any sign or other advertising structure which is an immediate peril
to persons or property to be removed summarily at the expense of the
permit holder or owner of the premises upon which the sign is located
and without notice to said persons.
(3)
The area of a sign shall be measured around the outside edges of
a framed or enclosed sign or by the area utilized by isolated words
and/or symbols, including the background. The area shall not include
any supporting framework and incidental bracing. A sign with two sides
shall be measured for area by using the surface of one side of the
sign only.
(4)
Attached signs shall be firmly attached to the exterior wall of a
building and shall not project more than 15 inches from the building
or extend above the height of the building.
(5)
Where permitted, all freestanding lighted signs shall be supplied
with electric power from underground service.
(6)
No sign may be placed on or attached to a building or erected on
a property for any purpose other than to advertise an approved activity
or use conducted on the same premises.
(7)
No sign of any type shall be permitted to obstruct driving vision,
traffic signal, traffic directional and identification signs, other
signs, or windows of the building on which they are located. No sign
shall be attached to trees, stumps, utility poles or other signs,
but shall be freestanding or attached to the building exterior or
fence in an approved manner.
(8)
No sign shall use mechanical, electrical, or computerized devices
to rotate, flash, display movement or the illusion of movement, project
moving images, or use auditory devices to emit sound within any zone.
Computerized signs, such as LED message boards, which may exchange
messages at timed intervals, are permitted in nonresidential zones,
provided each message does not contain text or graphics that rotate,
flash, display movement or the illusion of movement, project moving
images, or use auditory devices to emit sound, and are further subject
to the applicable subsections of this section.
(9)
All illuminated signs shall be arranged to reflect the light and
glare away from adjoining premises and away from adjoining highways.
No sign with red, green, or blue illumination in a beam shall be erected
in any location in order to avoid resembling an emergency light. Neon
tubing or bare bulb illumination is prohibited on all signs.
(10)
Informational and direction signs. Signs identifying street
number designations, postal boxes, on-site directional and parking
signs, and security warning signs shall be permitted, subject to a
maximum area of one square foot which shall not be considered in calculating
other sign limitations. Such signs shall be attached to the building
or located within the property lines and shall not block any sidewalk
or public right-of-way. Traffic control signs shall conform to the
latest Manual on Uniform Traffic Control Devices for Streets and Highways,
United States Department of Transportation, Federal Highway Administration.
(11)
Signs shall not be permitted on any canopy, awning or marquee,
other than signs built into and forming a part of the structure of
the canopy, awning or marquee.
C.
Real estate for sale, rent, or lease and open house signs.
(1)
Only one unlighted freestanding, attached, or window sign advertising
the sale, rental, or lease of property, or portion of the property,
shall be permitted on a lot or building.
(2)
If there is more than one dwelling unit on a property, then one real
estate sign may be displayed for each unit on the property which has
a separate address and a separate owner. If the same owner owns two
or more units on a property, then only one sign shall be permitted
on the property for all units owned by that owner.
(3)
The dimensions of a freestanding, attached, or window sign shall
be a maximum of 24.5 inches by 30 inches measured around the outside
edges of the frame or enclosure or by the area utilized by isolated
words and/or symbols, including the background. A sign with two sides
shall be measured for area by using the surface of one side of the
sign only. The area shall not include any supporting framework and
incidental bracing. For the purposes of this section, an informational
container (e.g., brochure box) intended to complement the information
on the sign shall not be included in the sign area, provided that
the container is attached to the one permitted sale, rent, or lease
sign and that the dimensions of the container are no larger than is
necessary to hold eight-and-one-half-inch-by-eleven-inch brochures.
(4)
Freestanding signs shall be located on the subject property in plain
view, shall not block any sidewalk or public right-of-way, and shall
be removed when the property is no longer available for sale, rent,
or lease. The top of each sign shall not be higher than 42 inches
above the ground, measured from the average grade at the supporting
structure line to the top of the sign.
(5)
Open house signs. The following restrictions shall apply to open
house real estate signs:
(a)
Only one sign may be placed on each lot or building being sold.
A maximum of three directional signs may be placed off site, but shall
not be placed on private property owned by another person without
that owner's written permission.
(b)
The person(s), real estate firm, or entity that conducts any
open house and places signs as described herein shall notify the Borough
Code Enforcement Office via electronic mail to seasideparkcode@seasideparknj.org.
Said notice shall be delivered upon placement of the open house sign
on the lot or building being sold, and shall contain the name and
telephone number of the individual responsible for said open house;
certification that signs have been placed in accordance with all provisions
of this chapter; and the time at which said open house shall conclude.
The individual responsible for said open house shall, by noon (12:00
p.m.) of the day immediately following any open house notify the Borough
Code Enforcement Office via electronic mail as described above that
all related signs have been removed in accordance with the provisions
of this section.
(c)
The single open house sign placed on the lot or building being
sold shall include, at minimum, the name and telephone number of the
person(s), real estate firm, or entity conducting said open house.
Said sign shall not be larger than 24.5 inches by 30 inches, and the
top of said sign shall not be higher than 42 inches above the ground.
Said sign shall be located on the subject property in plain view,
but shall not block any sidewalk or public right-of-way.
(d)
Directional open house signs shall, at minimum, identify the
person(s), real estate firm, or entity that owns said signs. Directional
signs for said open house shall be placed not more than seven hours
in advance of the time at which said open house is to conclude. Directional
signs shall not block any sidewalk or public right-of-way.
(e)
The open house sign on the lot or building being sold shall
be placed not more than 72 hours in advance of the time at which said
open house is to conclude. The open house signs, placed on the subject
property, and all directional signs, shall be removed immediately,
that day, upon the conclusion of said open house.
(f)
No open house sign shall be illuminated. Attachments to open
house signs shall be attached firmly thereto and must be constructed
of material that is certified as biodegradable or otherwise environmentally
sensitive.
D.
Residential signs.
(1)
SIGN, RESIDENTIAL
For the purposes of this section, residential signs are defined as
follows:
Any sign depicting the name, location, or occupants of a
home, multiple-dwelling apartment, townhouse, and/or condominium facility
on properties used for approved residential activities.
(2)
Permitted residential signs:
(a)
One residential sign attached to each building which identifies
the premises name, location, or occupants, and subject to a maximum
height of six inches and width of 18 inches.
(b)
One freestanding or attached sign which identifies the premises
name, location, or occupants or indicating the private nature of a
driveway or premises, subject to a maximum area of nine square feet
and maximum height of four feet measured to the highest point of the
sign which is located within the property lines and shall not block
any sidewalk or public right-of-way.
(c)
Multiple-dwelling apartment, townhouse, and condominium facilities
shall only be permitted one sign on the lot or building subject to
a maximum area of nine square feet and maximum height of four feet
measured to the highest point of the sign. Such signs shall be attached
to the building or located within the property lines and shall not
block any sidewalk or public right-of-way.
E.
Commercial and nonresidential signs. Signs on properties used for
approved commercial and nonresidential activities shall be subject
to zoning approval and permitted as follows:
(1)
Upon the termination of any business, all signs connected with that
business must be removed within 10 days of the tenant vacating the
space.
(2)
Civic, religious, philanthropic, or political organizations may erect
temporary signs prior to a special event, provided that permission
is granted by the governing body.
(3)
Temporary and/or seasonal signs. Temporary special event or seasonal-type
signs may be permitted under the following conditions:
(a)
The Code Enforcement Officer or a duly designated representative
deems the type, location, use and/or purpose of such sign appropriate.
(b)
A temporary or seasonal sign permit is obtained.
(c)
One portable sign, one-sided or two-sided, shall be permitted
on the lot or building subject to a maximum height of four feet measured
to the highest point of the sign, width of three feet, and depth of
three feet, including frame and support features. Portable signs shall
not block any sidewalk or public right-of-way. All other signs may
not exceed 12 square feet.
(d)
The sign is not illuminated.
(e)
The sign is displayed for no more than 120 days in any one year.
(f)
No more than one temporary sign per enterprise or establishment
may be displayed and not more than one permit shall be issued in any
one year.
(4)
Signs advertising contractors, architects, builders, artisans, or
other trades.
(a)
One temporary, unlighted sign advertising the contractor, architect,
builder, artisan, or other trade may be permitted on a vacant lot,
in addition to one sign temporarily advertising the sale, rental,
or lease of property, or portion of the property, subject to the terms
of this section.
(b)
Unlighted signs advertising contractors, architects, builders,
artisans, or other trades shall be permitted on a lot actively under
construction. Such signs shall be removed immediately upon the issuance
of a certificate of occupancy.
(c)
In a case where limited construction is being performed on a
developed property (e.g., building addition, driveway replacement,
painting, etc.), one temporary sign advertising the contractor, architect,
builder, artisan, or other trade may be permitted on a residential
lot, in addition to one sign temporarily advertising the sale, rental,
or lease of property, or portion of the property, during the actual
performance of the service being provided by the specific contractor,
architect, builder, artisan, or other trade as specified on the advertising
sign. Such temporary sign shall be removed immediately upon the completion
of the described service.
(d)
The dimensions of a freestanding sign advertising contractors,
architects, builders, artisans, or other trades shall be a maximum
of 24 inches by 24 inches measured around the outside edges of the
frame or enclosure or by the area utilized by isolated words and/or
symbols, including the background. The area shall not include any
supporting framework and incidental bracing. A sign with two sides
shall be measured for area by using the surface of one side of the
sign only. Such signs shall be located at least two feet from the
property line or 1/2 of the distance to the building line if the setback
is less than two feet and shall not block any sidewalk or public right-of-way.
The top of each sign shall not be higher than 30 inches above the
ground, measured from the average grade at the supporting structure
line to the top of the sign.
(5)
Attached signs. One or more signs attached to the building subject
to an aggregate maximum area of 20 square feet. Such signs shall be
permitted for one street on which the building has frontage. In buildings
with more than one commercial or nonresidential unit, the maximum
sign area shall be calculated for the building frontage of each unit
separately. Any building having a frontage of more than 50 feet shall
be permitted an additional four square feet of sign area for each
additional 50 feet of building frontage.
(6)
Interior window signs. Interior signs on windows shall not be considered
in computing the number or area of permitted signs. Interior window
signs shall not exceed 25% of the individual window where the sign
is displayed.
(7)
Boardwalk signs. Attached and freestanding signs shall be permitted
for approved commercial activities located in the Boardwalk Zoning
District subject only to the following limitations:
(a)
Signs which are visible from Ocean Avenue shall be subject to the requirements of Subsection E(5), Attached signs, above.
(b)
All other signs shall not be subject to these limitations or
subject to the prohibition on mechanical or electrical devices to
revolve, flash, or display movement or the illusion of movement; the
prohibition on the use of red, green, or blue illumination in a beam
in order to avoid resembling an emergency light; or the prohibition
on the use of neo tubing or bare bulk illumination.
(c)
No sign attached to a building shall extend above the building
height.
(d)
No freestanding sign shall exceed the maximum permitted building
height.
(e)
No sign shall extend from one building to another above any
walkway or public right-of-way.
(8)
Church and school signs. Churches and schools shall be permitted
one attached sign subject to a maximum area of 20 square feet. Churches
and schools shall also be permitted one freestanding sign subject
to a maximum area of 20 square feet, height of 10 feet measured to
the highest point of the sign, and set back a minimum of eight feet
from all property lines.
F.
Signs on public property and street rights-of-way. The placement
of any sign on public property or within any public right-of-way is
prohibited without approval by resolution of the governing body.
G.
Public access signs.
[Added 10-24-2019 by Ord.
No. 1916[1]]
(1)
"Public
access signage" shall mean signs provided at public areas to clearly
direct the public to points of access.
(2)
The
municipality shall provide public access signage at all public access
areas to clearly identify where public access is permitted and where
public access is prohibited.
(3)
The
Borough's Public Works Department will be responsible for maintenance
of all public access signage.
H.
Enforcement. The Code Enforcement Officer of the Borough of Seaside
Park or a duly designated representative is hereby designated as the
enforcement officer of the provisions of this section.
[Amended 5-2-1991 by Ord. No. 1104; 1-25-2006 by Ord. No. 1380]
All major site plans and major subdivisions shall incorporate
consideration on preventing soil erosion, including dune restoration
along the ocean beachfront. The purpose is to control beach erosion
and strengthen the dune barriers while also preventing soil erosion
in all areas of the Borough in order to minimize the damage and public
costs associated with sand covering sidewalks, clogging storm drains,
and, along the ocean, the loss of dune protection from storms.
B.
General design principles.
(1)
Grading, foundation preparation and other soil disturbance shall
be done in a manner to minimize soil erosion. The duration of its
exposure shall be kept within practical limits and either temporary
seeding, mulching or other suitable stabilization measures shall be
used to protect exposed areas during construction or other land disturbances.
Drainage provisions shall accommodate runoff and water runoff shall
be minimized through the retention of lawn and landscaped areas rather
than excess paving.
(2)
Grading and filling. All berming and filling shall be with clean
fill and/or topsoil.
(3)
Soil removal and redistribution. Excavation in excess of that required
to construct approved structures and facilities shall be prohibited.
Any application proposing the disturbance of more than 5,000 square
feet of surface area of land shall comply with the Soil Erosion and
Sediment Control Act (Ch 251, P.L. 1975),[1] except that the following are exempt:
(a)
Land disturbance associated with the construction of a single-family
dwelling unit unless such unit is a part of a proposed subdivision,
site plan, zoning variance, or building permit application involving
two or more such single-family dwelling units.
(c)
Use of land for gardening primarily for home consumption.
(d)
Percolation tests and/or soil borings.
[1]
Editor's Note: See N.J.S.A. 4:24-39 et seq.
[Added 5-24-2006 by Ord. No. 1387; amended 12-27-2012 by
Ord. No. 1613; 3-11-2021 by Ord. No. 2021-03]
A.
Scope and purpose.
(1)
Policy statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure best management practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low-impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
(2)
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection B.
(3)
Applicability.
(4)
Compatibility with other permit and ordinance requirements.
(a)
Development approvals issued pursuant to this section are to
be considered an integral part of development approvals and do not
relieve the applicant of the responsibility to secure required permits
or approvals for activities regulated by any other applicable code,
rule, act, or ordinance. In their interpretation and application,
the provisions of this section shall be held to be the minimum requirements
for the promotion of the public health, safety, and general welfare.
(b)
This section is not intended to interfere with, abrogate, or
annul any other ordinances, rule or regulation, statute, or other
provision of law except that, where any provision of this section
imposes restrictions different from those imposed by any other ordinance,
rule or regulation, or other provision of law, the more restrictive
provisions or higher standards shall control.
B.
CAFRA CENTERS, CORES OR NODES
CAFRA PLANNING MAP
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
DISTURBANCE
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOODS
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
(1)
(2)
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
(1)
(2)
(3)
(4)
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
(3)
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BASIN
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
TIDAL FLOOD HAZARD AREA
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONES
URBAN REDEVELOPMENT AREA
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the stormwater management
rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater best management practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this chapter.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the Ocean County Board of County
Commissioners to review municipal stormwater management plans and
implementing ordinance(s). The county review agency may either be:
The Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlarge-enlargement of any building or structure, any
mining excavation or landfill, and any use or change in the use of
any building or other structure, or land or extension of use of land,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural
land, development means: any activity that requires a State permit,
any activity reviewed by the County Agricultural Board (CAB) and the
State Agricultural Development Committee (SADC), and municipal review
of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1
et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving waterbody or to
a particular point along a receiving water body.
Neighborhoods designated by the Urban Coordinating Council
"in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including but not limited to stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
well head protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual "development," as well as multiple developments
that individually or collectively result in:
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection (1)(a), (b), (c) or (d) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by "motor vehicles" and/or aircraft, and is directly exposed
to precipitation including, but not limited to, driveways, parking
areas, parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department, providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Subsection D(6) of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. §§ 2011 et seq.)], thermal waste,
wrecked or discarded equipment, rock, sand, cellar dirt, industrial,
municipal, agricultural, and construction waste or runoff, or other
residue discharged directly or indirectly to the land, ground waters
or surface waters of the state, or to a domestic treatment works.
"Pollutant" includes both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or
Quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant, where the water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of these
goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management basin may either
be normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et. seq.
Previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.
C.
Design and performance standards for stormwater management measures.
(1)
Stormwater management measures for major development shall be designed
to provide erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment as follows:
(a)
The minimum standards for erosion control are those established
under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq.,
and implementing rules at N.J.A.C. 2:90.
(b)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
(2)
The standards in this section apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or Water Quality
Management Plan adopted in accordance with Department rules.
D.
Stormwater management requirements for major development.
(1)
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection J.
(2)
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B- 15.147 through 15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
(3)
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(16), (17) and (18):
(a)
The construction of an underground utility line, provided that
the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground utility line, provided that
the existing conditions are maintained to the maximum extent practicable;
and
(c)
The construction of a public pedestrian access, such as a sidewalk,
boardwalk, or trail with a maximum width of 14 feet, provided that
the access is made of permeable material.
(4)
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(15), (16), (17) and (18) may be obtained for the enlargement of an existing public roadway or railroad; boardwalk, or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(a)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(d)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(4)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection D(15), (16), (17), and (18) that were not achievable onsite.
(5)
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater best management practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection D(15), (16), (17), and (18). When designed in accordance with the most current version of the New Jersey Stormwater best management practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater best management practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
(6)
Where the BMP tables in the NJ Stormwater Management Rule are different
due to updates or amendments with the tables in this section the BMP
Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall
take precedence.
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
---|---|---|---|---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Cistern
|
0%
|
Yes
|
No
|
—
|
Dry well(a)
|
0%
|
No
|
Yes
|
2
|
Grass swale
|
50% or less
|
No
|
No
|
2(e)
1(f)
|
Green roof
|
0%
|
Yes
|
No
|
—
|
Manufactured treatment device(a) (g)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
Pervious paving system(a)
|
80%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small-scale bioretention basin(a)
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Small-scale infiltration basin(a)
|
80%
|
Yes
|
Yes
|
2
|
Small-scale sand filter
|
80%
|
Yes
|
Yes
|
2
|
Vegetative filter strip
|
60% to 80%
|
No
|
No
|
—
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
---|---|---|---|---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Bioretention system
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
Infiltration basin
|
80%
|
Yes
|
Yes
|
2
|
Sand filter(b)
|
80%
|
Yes
|
Yes
|
2
|
Standard constructed wetland
|
90%
|
Yes
|
No
|
N/A
|
Wet pond(d)
|
50% to 90%
|
Yes
|
No
|
N/A
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
---|---|---|---|---|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
Blue roof
|
0%
|
Yes
|
No
|
N/A
|
Extended detention basin
|
40% to 60%
|
Yes
|
No
|
1
|
Manufactured treatment device(h)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
Sand filter(c)
|
80%
|
Yes
|
No
|
1
|
Subsurface gravel wetland
|
90%
|
No
|
No
|
1
|
Wet pond
|
50% to 90%
|
Yes
|
No
|
N/A
|
Notes to Tables 1, 2, and 3:
| |
(a)
|
Subject to the applicable contributory drainage area limitation specified at Subsection D(15)(b);
|
(b)
|
Designed to infiltrate into the subsoil;
|
(c)
|
Designed with underdrains;
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
(e)
|
Designed with a slope of less than 2%;
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at Subsection B;
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection B.
|
(7)
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection F(2). Alternative stormwater management measures may be used to satisfy the requirements at Subsection D(15) only if the measures meet the definition of green infrastructure at Subsection B. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection D(15)(b) are subject to the contributory drainage area limitation specified at Subsection D(15)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection D(15)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from Subsection D(15).
(8)
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high-water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
(9)
Design standards for stormwater management measures are as follows:
(a)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high-water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(b)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection H(3).
(c)
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement;
(d)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection H; and
(e)
The size of the orifice at the intake to the outlet from the
stormwater management basin shall be a minimum of 2 1/2 inches
in diameter.
(10)
Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection B may be used only under the circumstances described at Subsection D(15)(d).
(11)
Any application for a new agricultural development that meets the definition of major development at Subsection B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection D(15), (16), (17), and (18) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
(12)
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17), and (18) shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
(13)
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the appropriate Ocean County offices. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(15), (16), (17), and (18) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection J(2)(e). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
(14)
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection D of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the design and performance standards pursuant to Subsection D of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the County Clerk or the registrar of deeds and mortgages and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection M above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection M above.
(15)
Green infrastructure standards.
(a)
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection D(16) and (17) the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection D(6) and/or an alternative stormwater management measure approved in accordance with Subsection D(7). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
Best Management Practice
|
Maximum Contributory Drainage Area
|
---|---|
Dry well
|
1 acre
|
Manufactured treatment device
|
2.5 acres
|
Pervious pavement systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
Small-scale bioretention systems
|
2.5 acres
|
Small-scale infiltration basin
|
2.5 acres
|
Small-scale sand filter
|
2.5 acres
|
(d)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection D(7) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17), and (18).
(e)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection D(16), (17), and (18), unless the project is granted a waiver from strict compliance in accordance with Subsection D(4).
(16)
Groundwater recharge standards.
(a)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows.
(b)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:
[1]
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual preconstruction groundwater recharge volume for the site; or
[2]
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from preconstruction to post-construction
for the two-year storm is infiltrated.
(c)
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection D(16)(d) below.
(d)
The following types of stormwater shall not be recharged:
[1]
Stormwater from areas of high pollutant loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with Department approved remedial action work plan
or landfill closure plan and areas with high risks for spills of toxic
materials, such as gas stations and vehicle maintenance facilities;
and
[2]
Industrial stormwater exposed to "source material." "Source
material" means any material(s) or machinery, located at an industrial
facility, that is directly or indirectly related to process, manufacturing
or other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
(17)
Stormwater runoff quality standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
(b)
Stormwater management measures shall be designed to reduce the
postconstruction load of total suspended solids (TSS) in stormwater
runoff generated from the water quality design storm as follows:
[1]
Eighty percent TSS removal of the anticipated load, expressed
as an annual average shall be achieved for the stormwater runoff from
the net increase of motor vehicle surface.
[2]
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
(c)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection D(17)(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(d)
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
Table 4 - Water Quality Design Storm Distribution
| |||||
---|---|---|---|---|---|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
(e)
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
R = A + B - (A x B)/100
|
Where:
| ||
R
|
=
|
total TSS percent load removal from application of both BMPs
|
A
|
=
|
the TSS percent removal rate applicable to the first BMP
|
B
|
=
|
the TSS percent removal rate applicable to the second BMP
|
(f)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection D(16), (17), and (18).
(g)
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
(h)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(i)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3.i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the post-construction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(j)
This stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
(18)
Stormwater runoff quantity standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
(b)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection E, complete one of the following:
[1]
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same
storm events;
[2]
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the pre-construction condition, in
the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
[3]
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75% and 80%, respectively, of the pre-construction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
[4]
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection D(18)(b)[1], [2] and [3] above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
(c)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
E.
Calculation of stormwater runoff and groundwater recharge.
(1)
Stormwater runoff shall be calculated in accordance with the following:
(a)
The design engineer shall calculate runoff using one of the
following methods:
[1]
The USDA Natural Resources Conservation Service (NRCS) methodology,
including the NRCS Runoff Equation and Dimensionless Unit Hydrograph,
as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National
Engineering Handbook, incorporated herein by reference as amended
and supplemented. This methodology is additionally described in Technical
Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June
1986, incorporated herein by reference as amended and supplemented.
Information regarding the methodology is available from the Natural
Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf,
or at United States Department of Agriculture Natural Resources Conservation
Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
[2]
The rational method for peak flow and the modified rational
method for hydrograph computations. The rational and modified rational
methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
(b)
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at Subsection E(1)(a)[1] and the rational and modified rational methods at Subsection E(1)(a)[2]. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(c)
In computing preconstruction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce preconstruction stormwater runoff rates and volumes.
(d)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
(e)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
(2)
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater best management practices
Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf,
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
F.
Sources for technical guidance.
(1)
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(a)
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater best management practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
(b)
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
(2)
Submissions required for review by the Department should be mailed
to: The Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
G.
Solids and floatable materials control standards.
(1)
Site design features identified under Subsection D(6) above, or alternative designs in accordance with Subsection D(7) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection G(1)(b) below.
(a)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
[1]
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines; or
[2]
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches, or is no greater
than 0.5 inch across the smallest dimension.
[a]
Examples of grates subject to this standard include
grates in grate inlets, the grate portion (non-curb-opening portion)
of combination inlets, grates on storm sewer manholes, ditch grates,
trench grates, and grates of spacer bars in slotted drains. Examples
of ground surfaces include surfaces of roads (including bridges),
driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields,
open channels, and stormwater system floors used to collect stormwater
from the surface into a storm drain or surface water body.
[3]
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven square inches, or be no greater than
two inches across the smallest dimension.
(b)
The standard in Subsection G(1)(a) above does not apply:
[1]
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than nine square
inches;
[2]
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
[3]
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
[a]
A rectangular space 4.625 inches long and 1.5 inches
wide (this option does not apply for outfall netting facilities);
or
[b]
A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement
of requirements in the residential site improvement standards for
bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 7.4(b)1].
|
[4]
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
water quality design storm as specified in N.J.A.C. 7:8; or
[5]
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
H.
Safety standards for stormwater management basins.
(1)
This subsection sets forth requirements to protect public safety
through the proper design and operation of stormwater management basins.
This subsection applies to any new stormwater management basin.
(2)
The provisions of this subsection are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management basins. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management basins to be retrofitted to meet one or more of the safety standards in Subsection H(3)(a), (b) and (c) for trash racks, overflow grates, and escape provisions at outlet structures.
(3)
Requirements for trash racks, overflow grates and escape provisions.
(a)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the stormwater management
basin to ensure proper functioning of the basin outlets in accordance
with the following:
[1]
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
[2]
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
[3]
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
[4]
The trash rack shall be constructed of rigid, durable, and corrosion
resistant material and designed to withstand a perpendicular live
loading of 300 pounds per square foot.
(b)
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
such grate shall meet the following requirements:
[1]
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
[2]
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
[3]
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
(c)
Stormwater management basins shall include escape provisions
as follows:
[1]
If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection H(3), a freestanding outlet structure may be exempted from this requirement;
[2]
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Subsection H(5) for an illustration of safety ledges in a stormwater management basin; and
[3]
In new stormwater management basins, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
(4)
Variance or exemption from safety standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
I.
Requirements for a site development stormwater plan.
(1)
Submission of site development stormwater plan.
(a)
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection I(3) below as part of the submission of the application for approval.
(b)
The applicant shall demonstrate that the project meets the standards
set forth in this section.
(2)
Site development stormwater plan approval. The applicant's site development
project shall be reviewed as a part of the review process by the municipal
board or official from which municipal approval is sought. That municipal
board or official shall consult the municipality's review engineer
to determine if all of the checklist requirements have been satisfied
and to determine if the project meets the standards set forth in this
section.
(3)
Submission of site development stormwater plan. The following information
shall be required:
(a)
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
manmade features not otherwise shown.
(b)
Environmental site analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
(c)
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
(d)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections C through E are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(e)
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
[1]
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
[2]
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
(f)
Calculations.
[1]
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection D of this section.
[2]
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high-water table, then a soils report shall be submitted.
The soils report shall be based on onsite boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
(g)
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J.
(h)
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection I(3)(a) through (f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
J.
Maintenance and repair.
(2)
General maintenance.
(a)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(b)
The maintenance plan shall contain specific preventative maintenance
tasks and schedules; cost estimates, including estimated cost of sediment,
debris, or trash removal; and the name, address, and telephone number
of the person or persons responsible for preventative and corrective
maintenance (including replacement). The plan shall contain information
on BMP location, design, ownership, maintenance tasks and frequencies,
and other details as specified in Chapter 8 of the NJ BMP Manual,
as well as the tasks specific to the type of BMP, as described in
the applicable chapter containing design specifics.
(c)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
(d)
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
(e)
If the party responsible for maintenance identified under Subsection J(2)(c) above is not a public agency, the maintenance plan and any future revisions based on Subsection J(2)(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(f)
Preventative and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.) of the stormwater management measure,
including, but not limited to, repairs or replacement to the structure;
removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of nonvegetated linings.
(g)
The party responsible for maintenance identified under Subsection J(2)(c) above shall perform all of the following requirements:
[1]
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
[2]
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(i)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or county may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
(3)
Nothing in this subsection shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
L.
Severability. Each section, subsection, sentence, clause and phrase
of this section is declared to be an independent section, subsection,
sentence, clause and phrase, and the finding or holding of any such
portion of this section to be unconstitutional, void, or ineffective
for any cause, or reason, shall not affect any other portion of this
section.
M.
When effective. This section shall be in full force and effect from
and after its adoption and any publication as required by law.
A.
All developments shall be served by paved streets. All utilities,
drains, and other facilities located under the road paving shall be
installed prior to the placing of any road surfacing material where
new or reconstructed roads are part of the development. Streets not
shown on the Master Plan or Official Map shall provide for the appropriate
extension of existing streets.
B.
Development bounded by any arterial or collector street shall minimize
access to said streets by either having driveways intersect minor
streets, or consolidating driveways with abutting properties. Where
circumstance(s) may dictate that a driveway enter an arterial or collector
street, the lot shall provide on-site turnaround facilities and abutting
lots may be required to share one curb cut.
C.
Street rights-of-way shall be measured from lot line to lot line.
The continuation of an existing street shall have the same right-of-way
and paving width as the existing street, but in no case less than
50 feet of right-of-way with 30 feet of paving between curbs.
D.
No street shall have a grade less than 0.5%.
E.
Intersecting street center lines shall not be less than 75°.
Approaches to all intersections shall follow a straight line for at
least 100 feet measured along the curb. No more than two street center
lines shall meet or intersect at any one point. Intersections shall
be rounded at the curbline with a curbline radius based on the street
with the largest radius:
G.
Dead-end (cul-de-sac) streets shall be prohibited. All streets shall
have two points of ingress/egress.
H.
No street shall have a name which duplicates or nearly duplicates
in spelling or phonetic sound the name of existing streets so as to
be confused therewith. The continuation of an existing street shall
have the same name. The names of new streets shall be approved by
the approving authority.
I.
Streets shall be constructed in accordance with the following standards
and specifications. Roadways, including subgrade, subbase, base courses
and pavements shall be constructed in accordance with NJDOT standard
specifications, as modified herein. All subsurface utilities, including
service connections to each lot (terminating at least two feet behind
any sidewalk), and all storm drains shall be installed prior to the
construction of final pavement surfaces.
(1)
The pavement shall be the responsibility of the developer and shall
be based upon traffic loading projections and field sampling and laboratory
analysis of the subgrade soils along the proposed streets. The design
shall follow current recommendations of the Asphalt Institute, the
Portland Cement Concrete Association or such other generally recognized
standards as may be acceptable to the Municipal Engineer. Pavement
shall be of one type throughout the development and be either bituminous
concrete flexible pavement or portland cement concrete rigid pavement.
(a)
Rigid portland cement paving shall be expansion joint type paving
utilizing Type A expansion joints (any alternate type joints shall
be approved by the Municipal Engineer), shall be reinforced, constructed
with Class B air-entrained concrete and shall have a minimum thickness
of 6.5 inches for local and collector streets and eight inches for
arterial streets.
(b)
Flexible bituminous concrete pavements shall have an equivalent
structural depth of at least 10 inches for local and collector streets
with a minimum wearing surface of not less than 1.5 inches of compacted
pavement, Type FABC-1; a minimum compacted bituminous stabilized base
course of not less than 2.5 inches; and a dense graded aggregate base
course to provide the remaining depth. Arterial streets shall have
an equivalent structural depth of at least 13 inches with a minimum
wearing surface of not less than two inches of compacted pavement,
Type FABC-1; a minimum compacted bituminous stabilized base course
of not less than three inches; and a dense graded aggregate base to
provide the remaining depth. Bituminous stabilized base may be substituted
for aggregate base on a ratio of one part stabilized base to three
parts aggregate base.
(2)
Where subbase conditions are of such nature that surfacing would
be inadvisable without first treating the subbase, these areas shall
be suitably excavated and filled with a suitable subbase material
as determined by the Municipal Engineer. Where required by the Engineer,
a system of Type F underdrains shall be constructed beneath the surface
of the paving and connected to a suitable drain. After the subbase
material has been properly placed and compacted, the surfacing material
shall be applied.
(3)
Subbase and/or aggregate base courses.
(a)
Bituminous concrete pavements (and stabilized bases) may be
constructed on subgrade without subbase or aggregate base courses,
provided the subgrade can be satisfactorily prepared as described
above. If used, graded aggregate base courses shall be at least four
inches thick and be soil aggregate, Type 5, Class A; or Type 2, Class
A or B.
(b)
Portland cement concrete pavements must be constructed with
a minimum of six inches of a granular type subbase Type 4, Class E.
Any subbase course of aggregate base course shall have a minimum thickness
of four inches.
(4)
Bituminous base courses.
(a)
Bituminous base courses for use with bituminous concrete pavements
shall consist of plant-mixed bituminous stabilized base course (stone
mix or gravel mix) except that NJDOT requirements for the construction
of the base course shall be amended to allow the laying of the base
course with a single-lift maximum thickness not exceeding four inches.
(b)
Prior to placement of any bituminous stabilized base course,
the finished surface of any underlying subbase or aggregate base shall
receive a prime coat.
(5)
Bituminous pavements. Bituminous pavements shall consist of a bituminous
concrete surface course Type FABC-1. The bituminous pavement wearing
surface should generally not be installed until just prior to the
time the streets are prepared for final acceptance. Prior to the installation
of a bituminous concrete surface, the bituminous base course shall
be inspected by the Municipal Engineer. Any areas of the base course
in need of repair shall be removed and replaced at the direction of
the Municipal Engineer. If the Municipal Engineer directs, a leveling
course of FABC material shall be placed on any uneven or below grade
base courses prior to the placement of finished pavement. Pavement
surfaces shall be placed only with permission of the Municipal Engineer.
(6)
Alternate pavement types. If alternate pavement types are proposed
either for decorative purposes, physical restrictions, existing conditions,
or shortages in certain construction materials, a detail of the type
and/or location of alternate pavement types shall be submitted for
approval. Approval shall be based upon the equipment, materials and
methods proposed for use, and the Municipal Engineer's inspection,
testing and approval of a section of such pavement. If the Municipal
Engineer does not approve the sample section of pavement, the developer
shall replace it with permitted pavement.
[Amended 5-24-2006 by Ord. No. 1387]
A.
Streetlighting. Streetlighting standards of a type and number consistent
with those now in the Borough shall be considered as part of a major
site plan or subdivision application. Streetlights shall be installed
at either new street intersections or where the lot proposed for development
is missing a light that would otherwise complete a pattern of streetlighting
in the area. The developer shall provide for the installation of underground
service for streetlighting.
B.
Street signs. Street signs shall be of a type, design and material
consistent with existing street signs and shall be approved by the
approving authority on advice of the Municipal Engineer. There shall
be at least two street signs furnished at each four-way intersection
and one street sign at each T intersection. All signs shall be installed
free of visual obstruction.
No travel trailer, camper, van, or other recreational vehicle,
including boats, shall be used for dwelling purposes, sleeping quarters,
or the conduct of business. They may, however, be parked (unoccupied)
in the rear yards of the owner's property or at abutting docks in
the case of boats.
[Amended 8-2-1990 by Ord. No. 1095; 9-1-2009 by Ord. No. 1488]
No open space providing front, side, or rear yard space for
one building shall be considered as providing the yard provisions
of another. A lot with frontage on two or more streets, including
corner lots, shall have building setback from each street not less
than the required front yard, unless otherwise specifically stated
in this chapter.
The developer shall arrange for water service to each lot, dwelling
unit or use within the development, and curb boxes shall be tagged
and designated for identification as to each unit.