City of Vineland, NJ
Cumberland County
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Table of Contents
Table of Contents
[1]
Editor's Note: Ordinance No. 2009-72, adopted 11-24-2009, readopted in its entirety without change Ord. No. 2008-39, which amends this article.
[Amended 12-23-1986 by Ord. No. 86-84; 3-10-1987 by Ord. No. 87-11; 7-27-1993 by Ord. No. 93-67; 6-14-2016 by Ord. No. 2016-17]
A. 
Statutory authorization, findings of fact, purpose and objectives.
(1) 
Statutory authorization. The Legislature of the State of New Jersey has, in N.J.S.A. 40:48-1 et seq., delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of the City of Vineland, Cumberland County, New Jersey, does ordain as follows:
(2) 
Findings of fact.
(a) 
The flood hazard areas of the City of Vineland 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.
(3) 
Statement of purpose. It is the purpose of this section (§ 425-71) 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:
(a) 
Protect human life and health;
(b) 
Minimize the 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 second use and development of areas of special flood hazard so as to minimize future flood blight areas;
(g) 
Ensure that potential buyers are notified that property is in an area of special flood hazard; and
(h) 
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
(4) 
Methods of reducing flood losses. In order to accomplish its purposes, this section includes methods and provisions for:
(a) 
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;
(b) 
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
(c) 
Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;
(d) 
Controlling filling, grading, dredging, and other development, which may increase flood damage; and
(e) 
Preventing or regulating the construction of flood barriers, which will unnaturally divert floodwaters or which may increase flood hazards in other areas.
B. 
Definitions. Unless specifically defined below, words or phrases used in this section (§ 425-71) shall be interpreted so as to give them the meanings they have in common usage and to give this section its most reasonable application.
AH ZONE
Areas subject to inundation by one-percent annual chance shallow flooding (usually areas of ponding), where average depths are between one and three feet. Base flood elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.
AO ZONE
Areas subject to inundation by one-percent annual chance shallow flooding (usually sheet flow on sloping terrain), where average depths are between one and three feet.
APPEAL
A request for a review of the City Engineer's interpretation of any provision of this section (§ 425-71) or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO or AH 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 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.
AREA OF SPECIAL FLOOD HAZARD
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 Flood Insurance Rate Maps (FIRM) as Zone A, AO, A1-A30, AE, A99, or AH.
BASE FLOOD
A flood having a one-percent chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE)
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.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL
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.
CUMULATIVE SUBSTANTIAL IMPROVEMENT
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 cumulatively for 10 years.
DEVELOPMENT
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.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
ELEVATED BUILDING
A nonbasement building built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor elevated above the base flood elevation, plus freeboard, by means of pilings, columns (posts and piers), or shear walls parallel to the flow of the water, and 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.
EROSION
The process of the gradual wearing away of land masses.
EXISTING MANUFACTURED HOME PARK
A manufactured home park, as defined in § 425-100, for which the construction of facilities for servicing the spaces 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.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS)
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 elevations of the base flood.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) 
The overflow of inland or tidal waters; and/or
(2) 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODPLAIN MANAGEMENT REGULATIONS
Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance or 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.
FLOODPROOFING
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.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without accumulatively increasing the water surface elevation more than 0.2 foot.
FREEBOARD
A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
HIGHEST ADJACENT GRADE
The highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.
HISTORIC STRUCTURE
Any structure that is:
(1) 
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;
(2) 
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;
(3) 
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
(4) 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved state program, as determined by the Secretary of the Interior; or
(b) 
Directly by the Secretary of the Interior in states without approved programs.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, useable solely for the parking of vehicles, building access or storage, in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of other applicable nonelevation design requirements of 44 CFR Section 60.3.
MANUFACTURED HOME
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."
MANUFACTURED HOME PARK
A parcel (or contiguous parcels) of land divided into two or more manufactured home spaces for rent.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community, and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK
A manufactured home park, as defined in § 425-100, for which the construction of facilities for servicing the spaces 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 community.
RECREATIONAL VEHICLE
A vehicle that is:
(1) 
Built on a single chassis;
(2) 
Four hundred square feet or less when measured at the longest horizontal projections;
(3) 
Designed to be self-propelled or permanently towable by a light-duty truck; and
(4) 
Designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel, or seasonal use.
START OF CONSTRUCTION
Includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of pilings, 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.
STRUCTURE
A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally aboveground.
SUBSTANTIAL DAMAGE
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.
SUBSTANTIAL IMPROVEMENT
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 cumulative 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:
(1) 
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
(2) 
Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.
VARIANCE
A grant of relief from the requirements of this section (§ 425-71) that permits construction in a manner that would otherwise be prohibited by this section.
VIOLATION
The failure of a structure or other development to be fully compliant with this section (§ 425-71). 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.
C. 
General provisions.
(1) 
Lands to which this section (§ 425-71) applies. This section shall apply to all areas of special flood hazard within the jurisdiction of the City of Vineland, Cumberland County, New Jersey.
(2) 
Basis for establishing the areas of special flood hazard.
(a) 
The areas of special flood hazard for the City of Vineland, Community No. 340176, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
[1] 
A scientific and engineering report entitled, "Flood Insurance Study, Cumberland County, New Jersey (All Jurisdictions)," dated June 16, 2016.
[2] 
"Flood Insurance Rate Map for Cumberland County, New Jersey (All Jurisdictions)," as shown on Map Index and Panels 34011C0054E, 34011C0058E, 34011C0062E, 34011C0064E, 34011C0066E, 34011C0067E, 34011C0068E, 34011C0069E, 34011C0088E, 34011C0089E, 34011C0177E, 34011C0179E, 34011C0183E, 34011C0185E, 34011C0191E, 34011C0192E, 34011C0194E, 34011C0201E, 34011C0202E, 34011C0203E, 34011C0204E, 34011C0206E, 34011C0208E, 34011C0209E, 34011C0211E, 34011C0212E, 34011C0213E, 34011C0214E, 34011C0216E and 34011C0218E, whose effective date is June 16, 2016.
(b) 
The above documents are hereby adopted and declared to be a part of this section (§ 425-71). The Flood Insurance Study, maps and advisory documents are on file at 640 East Wood Street, Vineland, New Jersey.
(3) 
Penalties for noncompliance. No structure or land shall hereafter be constructed, relocated to, extended, converted, or altered without full compliance with the terms of this section (§ 425-71) 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 $500 or be imprisoned for not more than six months, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Any day that a violation is permitted to exist shall constitute a separate offense. Nothing herein contained shall prevent the City of Vineland from taking such other lawful action as is necessary to prevent or remedy any violation.
(4) 
Abrogation and greater restrictions. This section (§ 425-71) is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and other ordinances, easements, covenants, or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
(5) 
Interpretation. In the interpretation and application of this section (§ 425-71), all provisions shall be:
(a) 
Considered as minimum requirements;
(b) 
Liberally construed in favor of the governing body; and
(c) 
Deemed neither to limit nor repeal any other powers granted under State statutes.
(6) 
Warning and disclaimer of liability.
(a) 
The degree of flood protection required by this section (§ 425-71) 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 hazard or uses permitted within such areas will be free from flooding or flood damages.
(b) 
This section shall not create liability on the part of the City of Vineland, 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.
D. 
Administration.
(1) 
Establishment of development permit. 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 Subsection C(2) above. An approved development permit shall be a prerequisite to the issuance of any construction permits by the Construction Official within any area of special flood hazard. Application for a development permit shall be made on forms furnished by the City Engineer 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 Subsection E(2)(b) below; and
(d) 
Description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.
(2) 
Designation of the local administrator. The City Engineer is hereby appointed to administer and implement this section (§ 425-71) by granting or denying development permit applications in accordance with its provisions.
(3) 
Duties and responsibilities of the administrator. Duties of the City Engineer shall include, but not be limited to:
(a) 
Permit review.
[1] 
Review all development permits to determine that the permit requirements of this section (§ 425-71) have been satisfied.
[2] 
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.
[3] 
Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Subsection E(3)(a) below are met.
[4] 
Review plans for walls to be used to enclose space below the base flood level. For this, the City Engineer shall consult with and accept the professional opinion of the Construction Official on matters that are normally regulated by the Construction Official.
(b) 
Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with Subsection C(2) above, Basis for establishing the areas of special flood hazard, the City Engineer 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 Subsection E(2)(a) below, Specific standards, Residential construction, and Subsection E(2)(b) below, Specific standards, Nonresidential construction.
(c) 
Information to be obtained and maintained.
[1] 
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.
[2] 
For all new or substantially improved floodproofed structures:
[a] 
Verify and record the actual elevation (in relation to mean sea level); and
[b] 
Maintain the floodproofing certifications required in Subsection D(1)(c) above.
[3] 
Maintain for public inspection all records pertaining to the provisions of this section (§ 425-71).
(d) 
Alteration of watercourses.
[1] 
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.
[2] 
Require that maintenance is provided within the altered or relocated portion of said watercourse so the flood-carrying capacity is not diminished.
(e) 
Substantial damage review.
[1] 
After an event resulting in building damages, assess the damage to structures due to flood and nonflood causes, with the assistance of the Construction Official.
[2] 
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.
[3] 
Ensure substantial improvements meet the requirements of Subsection E(2)(a) below, Specific standards, Residential construction, and Subsection E(2)(b) below, Specific standards, Nonresidential construction.
(f) 
Interpretation of FIRM boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazard (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 D(4) below.
(4) 
Variance procedure.
(a) 
Appeal board.
[1] 
The Planning Board or Zoning Board of Adjustment, as established by City Council, shall hear and decide appeals and requests for variances from the requirements of this section (§ 425-71). Jurisdiction shall be determined as with other land use appeals and variances.
[2] 
The Planning Board or Zoning Board of Adjustment shall hear and decide appeals when it is alleged that there is an error in any requirement, decision, or determination made by the City Engineer in the enforcement or administration of this section (§ 425-71).
[3] 
Those aggrieved by the decision of the Zoning Board of Appeals, or any taxpayer, may appeal such decision to the Superior Court of New Jersey, as provided in Rule 4:69-1 et seq.
[4] 
In passing upon such applications, the Planning Board or Zoning Board of Adjustment shall consider all technical evaluations, all relevant factors, and standards specified in other subsections of this section, and:
[a] 
The danger that materials may be swept onto other lands to the injury of others;
[b] 
The danger to life and property due to flooding or erosion damage;
[c] 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
[d] 
The importance of the services provided by the proposed facility to the community;
[e] 
The necessity to the facility of a waterfront location, where applicable;
[f] 
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
[g] 
The compatibility of the proposed use with existing and anticipated development;
[h] 
The relationship of the proposed use to the comprehensive plan and floodplain management program of that area;
[i] 
The safety of access to the property in times of flood for ordinary and emergency vehicles;
[j] 
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
[k] 
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.
[5] 
Upon consideration of the factors of Subsection D(4)(a)[4] above and the purposes of this section (§ 425-71), the Planning Board or Zoning Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.
[6] 
The City Engineer shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.
(b) 
Conditions for variances.
[1] 
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 all the items in Subsection D(4)(a)[4] above have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
[2] 
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 that the variance is the minimum necessary to preserve the historic character and design of the structure.
[3] 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
[4] 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
[5] 
Variances shall only be issued upon:
[a] 
A showing of good and sufficient cause;
[b] 
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and,
[c] 
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 Subsection D(4)(a)[4] above; or conflict with existing local laws or ordinances.
[6] 
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.
E. 
Provisions for flood hazard reduction.
(1) 
General standards. In all areas of special flood hazard, 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:
(a) 
Anchoring.
[1] 
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.
[2] 
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.
(b) 
Construction materials and methods.
[1] 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
[2] 
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
(c) 
Utilities.
[1] 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;
[2] 
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;
[3] 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and
[4] 
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.
(d) 
Subdivision and new development proposals.
[1] 
All subdivision and other new development proposals shall be consistent with the need to minimize flood damage;
[2] 
All subdivision and other new development proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
[3] 
All subdivision and other new development proposals shall have adequate drainage provided to reduce exposure to flood damage; and
[4] 
Base flood elevation data shall be provided for all major subdivisions, as defined in § 425-64, and other new development proposals, which contain one acre or more.
(e) 
Enclosure openings.
[1] 
All new construction and substantial improvements having fully enclosed areas below the lowest floor, which are usable solely for 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] 
A minimum of two openings in at least two exterior walls of each enclosed area, 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.
[b] 
The bottom of all openings shall be no higher than one foot above grade.
[2] 
Openings may be equipped with screens, louvers, or other covering or devices, provided that they permit the automatic entry and exit of floodwaters.
(2) 
Specific standards. In all areas of special flood hazard where base flood elevation data have been provided as set forth in Subsection C(2) above, Basis for establishing the areas of special flood hazard, or in Subsection D(3)(b) above, Use of other base flood data, the following standards are required:
(a) 
Residential construction.
[1] 
New construction and substantial improvements 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 at or above the base flood elevation plus two feet, or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive;
[2] 
New construction and substantial improvements of any residential structure located in an AO or AH Zone shall have the lowest floor, including basement, together with the attendant utilities and sanitary facilities, elevated above the depth number specified in feet plus two feet, above the highest adjacent grade, or at least three feet above the highest adjacent grade if no depth number is specified, and adequate drainage paths around structures on slopes shall be required to guide floodwaters around and away from proposed structures.
(b) 
Nonresidential construction.
[1] 
In an area of special flood hazard, all new construction and substantial improvements of any commercial, industrial or other nonresidential structure located in an A or AE Zone shall either have the lowest floor, including basement, together with the attendant utilities and sanitary facilities, elevated to or above the base flood elevation plus two feet, or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive; or be floodproofed so that below the base flood elevation plus two feet, or as required by ASCE/SEI 24-14, Table 6-1, whichever is more restrictive, the structure is watertight with walls substantially impermeable to the passage of water; has structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and 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 City Engineer as set forth in Subsection D(3)(c)[2] above.
[2] 
In an area of special flood hazard, all new construction and substantial improvements of any commercial, industrial or other nonresidential structure located in an AO or AH Zone shall either have the lowest floor, including basement, together with the attendant utilities and sanitary facilities, elevated above the depth number specified in feet plus two feet, above the highest adjacent grade or at least three feet above the highest adjacent grade if no depth number is specified, and adequate drainage paths around structures on slopes shall also be required to guide floodwaters around and away from proposed structures; or be floodproofed so that below the highest adjacent grade plus two feet, the structure is watertight with walls substantially impermeable to the passage of water; has structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and 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 City Engineer as set forth in Subsection D(3)(c)[2] above.
(c) 
Manufactured homes.
[1] 
Manufactured homes shall be anchored in accordance with Subsection E(1)(a)[2] above.
[2] 
All manufactured homes to be placed or substantially improved within an area of special flood hazard shall:
[a] 
Be consistent with the need to minimize flood damage;
[b] 
Be constructed to minimize flood damage;
[c] 
Have adequate drainage provided to reduce exposure to flood damage; and
[d] 
Be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation plus two feet, or as required by ASCE/SEI 24-14, Table 2-1, whichever is more restrictive.
(3) 
Floodways. Located within areas of special flood hazard established in Subsection C(2) above, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:
(a) 
Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless a technical evaluation demonstrates that encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.
(b) 
If Subsection E(3)(a) above is satisfied, all new construction and substantial improvements must comply with Subsection E, Provisions for flood hazard reduction.
(c) 
In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the accumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than 0.2 of a foot at any point.
F. 
Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this section shall be declared invalid for any reason whatsoever, such a decision shall not affect the remaining portions of the section (§ 425-71), which shall remain in full force and effect, and for this purpose the provisions of this section are hereby declared to be severable.
G. 
Enactment.
(1) 
Adoption. This section shall be effective on June 16, 2016, and shall remain in force until modified, amended or rescinded by the City Council of the City of Vineland, Cumberland County, New Jersey.
[Amended 12-23-1986 by Ord. No. 86-84; 2-24-2004 by Ord. No. 2004-7; 12-26-2006 by Ord. No. 2006-110]
A. 
Scope and purpose.
(1) 
Policy statement. Flood control, groundwater recharge, and pollutant reduction through nonstructural or low-impact techniques shall be required before relying on structural BMPs. Structural BMPs should be integrated with nonstructural stormwater management strategies and proper maintenance plans. Nonstructural strategies include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater. Source control plans 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. It is the purpose of this section to establish minimum stormwater management requirements and controls for "major development," as defined in Subsection B, and to require retrofitting of existing storm drain inlets.
[Amended 1-29-2013 by Ord. No. 2012-68]
(3) 
Applicability.
(a) 
This section shall be applicable to all site plans and subdivisions for the following major developments that require preliminary or final site plan or subdivision review:
[1] 
Nonresidential major developments; and
[2] 
Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21.
(b) 
This section shall also be applicable to all major developments undertaken by the City of Vineland.
(c) 
Retrofitting of existing storm drain inlets shall be applicable as provided in § 425-72K.
[Added 1-29-2013 by Ord. No. 2012-68]
(4) 
Compatibility with other permit and ordinance requirements. Development approvals issued for subdivisions and site plans pursuant to this section are to be considered an integral part of development approvals under the subdivision and site plan review process 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. 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. 
Definitions. 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. 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.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain which is subject to a one-percent or greater chance of flooding in any given year. Refer to § 425-71.
COMPACTION
The increase in soil bulk density.
CORE
A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY
An agency designated by the County Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
(1) 
A county planning agency; or
(2) 
A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT
The New Jersey Department of Environmental Protection.
DESIGNATED CENTER
A State Development and Redevelopment Plan Center as designated by the State Planning Commission, such as urban, regional, town, village or hamlet.
DESIGN ENGINEER
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.
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or 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 by any person, 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 lands, 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.
DRAINAGE AREA
A geographic area within which stormwater, sediments or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
ENVIRONMENTALLY CRITICAL AREAS
An area or feature which is of significant environmental value, including but not limited to stream corridors; natural heritage priority sites; habitat of endangered or threatened species; large areas of contiguous open space or upland forest; steep slopes; and wellhead 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.
EROSION
The detachment and movement of soil or rock fragments by water, wind, ice or gravity.
GROUNDWATER MOUNDING ANALYSIS
A test performed to demonstrate that the groundwater below a stormwater infiltration basin will not mound up, encroach on the unsaturated zone, break the surface of the ground at the infiltration area or downslope and create an overland flow situation.
IMPERVIOUS SURFACE
A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION
The process by which water seeps into the soil from precipitation.
MAJOR DEVELOPMENT
Any development that meets the definition of "major subdivision" in § 425-64A or the definition of "major site plan" in § 425-66A.
[Amended 4-10-2007 by Ord. No. 2007-24]
MUNICIPALITY
Any city, borough, town, township or village.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the City or other public body, and is designed and used for collecting and conveying stormwater.
[Added 1-29-2013 by Ord. No. 2012-68]
NODE
An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NUTRIENT
A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON
Any individual, corporation, company, partnership, firm, association, City of Vineland, or political subdivision of this state subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
POLLUTANT
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, groundwaters or surface waters of the state or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
RECHARGE
The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
SEDIMENT
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.
SITE
The lot or lots upon which a major development is to occur or has occurred.
SOIL
All unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
An area delineated on the State Plan Policy Map adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.
STATE PLAN POLICY MAP
The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
STORM DRAIN INLET
An opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
[Added 1-29-2013 by Ord. No. 2012-68]
STORMWATER
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.
STORMWATER RUNOFF
Water flow on the surface of the ground or in storm sewers, resulting from precipitation.
STORMWATER MANAGEMENT BASIN
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 basin), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Any structural or nonstructural strategy, 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.
TIDAL FLOOD HAZARD AREA
A flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.
URBAN ENTERPRISE ZONES
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.
URBAN REDEVELOPMENT AREA
Previously developed portions of areas:
(1) 
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
(2) 
Designated as CAFRA Centers, Cores or Nodes;
(3) 
Designated as Urban Enterprise Zones; and
(4) 
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams, wetlands and bodies of surface water or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS or WETLAND
An area that is inundated or saturated by surface water or groundwater 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. 
General standards.
(1) 
Design and performance standards for stormwater management measures.
(a) 
Stormwater management measures for major development shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards in Subsection D. To the maximum extent practicable, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.
(b) 
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 13:1B-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 quantity, and stormwater runoff quality requirements of Subsection D(6) and (7):
(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 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 groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of Subsection D(6) and (7) may be obtained for the enlargement of an existing public roadway or railroad, 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;
(b) 
The applicant demonstrates through an alternatives analysis that, through the use of nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of Subsection D(6) and (7) to the maximum extent practicable;
(c) 
The applicant demonstrates that, in order to meet the requirements of Subsection D(6) and (7), existing structures currently in use, such as homes and buildings, would need to be condemned; and
(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(6) and (7) that were not achievable on site.
(5) 
Nonstructural stormwater management strategies.
(a) 
To the maximum extent practicable, the standards in Subsection D(6) and (7) shall be met by incorporating nonstructural stormwater management strategies set forth at Subsection D(5)(b) into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental or safety reasons to incorporate any nonstructural stormwater management measures identified in Subsection D(5)(b) below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.
(b) 
Nonstructural stormwater management strategies incorporated into site design shall:
[1] 
Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;
[2] 
Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces;
[3] 
Maximize the protection of natural drainage features and vegetation;
[4] 
Minimize the decrease in the time of concentration from preconstruction to post construction. "Time of concentration" is defined as the time it takes for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed;
[5] 
Minimize land disturbance including clearing and grading;
[6] 
Minimize soil compaction;
[7] 
Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers and pesticides;
[8] 
Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas;
[9] 
Provide other source controls to prevent or minimize the use or exposure of pollutants at the site, in order to prevent or minimize the release of those pollutants into stormwater runoff. Such source controls include, but are not limited to:
[a] 
Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy Subsection D(5)(c) below;
[b] 
Site design features that help to prevent discharge of trash and debris from drainage systems;
[c] 
Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and
[d] 
When establishing vegetation after land disturbance, applying fertilizer in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.
(c) 
Site design features identified under Subsection D(5)(b)[9][b] above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash and other floating, suspended or settleable solids. For exemptions to this standard see Subsection D(5)(c)[3] below.
[1] 
Grates.
[a] 
Design engineers shall use either 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:
[i] 
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 (April 1996); or
[ii] 
A different grate, if each individual clear space in that grate has an area of no more than 7.0 square inches, or is no greater than 0.5 inches across the smallest dimension.
[b] 
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 basin floors.
[2] 
Whenever design engineers use a curb-opening inlet, 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 7.0 square inches or be no greater than 2.0 inches across the smallest dimension. The City of Vineland utilizes J-type curb heads. These heads have tines measuring approximately 1 13/16 inches wide spaced two inches apart that are 3 1/2 inches high along the face of the curb head.
[3] 
This standard does not apply:
[a] 
Where the review agency determines that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards.
[b] 
Where flows from the water quality design storm as specified in Subsection D(7)(a) 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:
[i] 
A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
[ii] 
A bar screen having a bar spacing of 0.5 inches.
[c] 
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 Subsection D(7)(a).
[d] 
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.
(d) 
Any land area used as a nonstructural stormwater management measure to meet the performance standards in Subsection D(6) and (7) shall be subjected to a conservation restriction filed with the Cumberland County Clerk's office, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the reviewing agency is maintained in perpetuity.
(e) 
Guidance for nonstructural stormwater management strategies is available in the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in Subsection G.
(6) 
Erosion control, groundwater recharge and runoff quantity standards.
(a) 
This subsection contains minimum design and performance standards to control erosion, encourage and control infiltration and groundwater recharge, and control stormwater runoff quantity impacts of major development.
[1] 
The minimum design and performance standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules.
[2] 
The minimum design and performance standards for groundwater recharge are as follows:
[a] 
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:
[i] 
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
[ii] 
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.
[b] 
This groundwater recharge requirement does not apply to projects within the urban redevelopment area or to projects subject to Subsection D(6)(a)[2][c] below.
[c] 
The following types of stormwater shall not be recharged:
[i] 
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
[ii] 
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.
[d] 
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 and other subsurface structures in the vicinity or downgradient of the groundwater recharge area.
[3] 
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:
[a] 
Demonstrate through hydrologic and hydraulic analysis that, for stormwater leaving the site, post-construction runoff hydrographs for the two-, ten-, and one-hundred-year storm events do not exceed at any point in time the preconstruction runoff hydrographs for the same storm events;
[b] 
Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the preconstruction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten-, and one-hundred-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; or
[c] 
Design stormwater management measures so that the post-construction peak runoff rates for the two-, ten-, and one-hundred-year storm events are 50%, 75% and 80%, respectively, of the preconstruction 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. The percentages shall not be applied to post-construction stormwater runoff into tidal flood hazard areas if the increased volume of stormwater runoff will not increase flood damages below the point of discharge.
(b) 
Any application for a new agricultural development that meets the definition of major development at Subsection B shall be submitted to the appropriate soil conservation district for review and approval in accordance with the requirements of this section and any applicable soil conservation district guidelines for stormwater runoff quantity and erosion control. For the purposes of this section, "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 manufacturing of agriculturally related products.
(7) 
Stormwater runoff quality standards.
(a) 
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff by 80% of the anticipated load from the developed site, expressed as an annual average. Stormwater management measures shall only be required for water quality control if an additional 1/4 acre of impervious surface is being proposed on a development site. 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 Pollution Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. 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 1. The calculation of the volume of runoff may take into account the implementation of nonstructural and structural stormwater management measures.
Table 1: Water Quality Design Storm Distribution
Time
(minutes)
Cumulative Rainfall
(inches)
Time
(minutes)
Cumulative Rainfall
(inches)
0
0.0000
65
0.8917
5
0.0.0083
70
0.9917
10
0.0166
75
1.0500
15
0.0250
80
1.0840
20
0.0500
85
1.1170
25
0.0750
90
1.1500
30
0.1000
95
1.1750
35
0.1330
100
1.2000
40
0.1660
105
1.2250
45
0.2000
110
1.2334
50
0.2583
115
1.2417
55
0.3583
120
1.2500
60
0.6250
(b) 
For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in Subsection G. The BMP Manual and other sources of technical guidance are listed in Subsection G. TSS reduction shall be calculated based on the removal rates for the BMPs in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be provided to the Department at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, P.O. Box 418 Trenton, New Jersey, 08625-0418.
(c) 
If more than one BMP in series is necessary to achieve the required eighty-percent 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
Table 2: TSS Removal Rates for BMPs
Best Management Practice
TSS Percent Removal Rate
Bioretention systems
90%
Constructed stormwater wetland
90%
Extended detention basin
40 to 60%
Infiltration structure
80%
Manufactured treatment device
See Subsection F(3)
Sand filter
80%
Vegetative filter strip
60 to 80%
Wet pond
50 to 90%
(d) 
If there is more than one on-site drainage area, the eighty-percent TSS removal rate shall apply to each drainage area, unless the runoff from the subareas converge on site, in which case the removal rate can be demonstrated through a calculation using a weighted average.
(e) 
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 nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in Subsection D(6) and (7).
(f) 
Additional information and examples are contained in the New Jersey Stormwater Best Management Practices Manual, which may be obtained from the address identified in Subsection G.
(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) 
Special water resource protection areas (SWRPA) shall be established along all waters designated Category One at N.J.A.C. 7:9B and perennial or intermittent streams that drain into or upstream of the Category One waters as shown on the USGS Quadrangle Maps or in the county soil surveys within the associated HUC14 drainage area. These areas shall be established for the protection of water quality, aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, exceptional recreational significance, exceptional water supply Category One waters. These areas shall be designated and protected as follows:
[1] 
The applicant shall preserve and maintain a special water resource protection area in accordance with one of the following:
[a] 
A three-hundred-foot special water resource protection area shall be provided on each side of the waterway, measured perpendicular to the waterway from the top of the bank outwards or from the center line of the waterway where the bank is not defined, consisting of existing vegetation or vegetation allowed to follow natural succession.
[b] 
Encroachment within the designated special water resource protection area under Subsection D(7)(h)[1][a] above shall only be allowed where previous development or disturbance has occurred (for example, active agricultural use, parking area or maintained lawn area). The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable. In no case shall the remaining special water resource protection area be reduced to less than 150 feet as measured perpendicular to the top of bank of the waterway or center line of the waterway where the bank is undefined. All encroachments proposed under this subparagraph shall be subject to review and approval by the Department.
[2] 
All stormwater shall be discharged outside of and flow through the special water resource protection area and shall comply with the Standard for Off-Site Stability in the "Standards For Soil Erosion and Sediment Control in New Jersey," established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq.
[3] 
If stormwater discharged outside of and flowing through the special water resource protection area cannot comply with the Standard for Off-Site Stability in the "Standards for Soil Erosion and Sediment Control in New Jersey," established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39 et seq., then the stabilization measures in accordance with the requirements of the above standards may be placed within the special water resource protection area, provided that:
[a] 
Stabilization measures shall not be placed within 150 feet of the Category One waterway;
[b] 
Stormwater associated with discharges allowed by this section shall achieve a ninety-five-percent TSS post-construction removal rate;
[c] 
Temperature shall be addressed to ensure no impact on the receiving waterway;
[d] 
The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable;
[e] 
A conceptual project design meeting shall be held with the appropriate Department staff and Soil Conservation District staff to identify necessary stabilization measures; and
[f] 
All encroachments proposed under this section shall be subject to review and approval by the Department.
[4] 
A stream corridor protection plan may be developed by a regional stormwater management planning committee as an element of a regional stormwater management plan or by a municipality through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject to Subsection D(7)(h) has been approved by the Department of Environmental Protection, then the provisions of the plan shall be the applicable special water resource protection area requirements for that waterway. A stream corridor protection plan for a waterway subject to Subsection D(7)(h) shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in Subsection D(7)(h)[1][a] above. In no case shall a stream corridor protection plan allow the reduction of the special water resource protection area to less than 150 feet as measured perpendicular to the waterway subject to this subsection.
[5] 
Subsection D(7)(h) does not apply to the construction of one individual single-family dwelling that is not part of a larger development on a lot receiving preliminary or final subdivision approval on or before February 2, 2004, provided that the construction begins on or before February 2, 2009.
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 the NRCS National Engineering Handbook Section 4 - Hydrology and Technical Release 55 - Urban Hydrology for Small Watersheds; or
[2] 
The Rational Method for peak flow and the Modified Rational Method for hydrograph computations.
(b) 
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction 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 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 have 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 and 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:
(a) 
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Ground-Water 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; or at New Jersey Geological Survey, 29 Arctic Parkway, P.O. Box 427 Trenton, New Jersey 08625-0427.
F. 
Standards for structural stormwater management measures.
(1) 
Standards for structural stormwater management measures are as follows:
(a) 
Structural stormwater management measures shall be designed to take into account the existing site conditions, including, for example, 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) 
Structural 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(2).
(c) 
Structural 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, 5:21-7.4 and 5:21-7.5 shall be deemed to meet this requirement.
(d) 
At the intake to the outlet from the stormwater management basin, the orifice size shall be a minimum of 2 1/2 inches in diameter.
(e) 
Stormwater management basins shall be designed to meet the minimum safety standards for stormwater management basins at Subsection H.
(f) 
Stormwater management basins shall be provided with an access drive, a minimum of 12 feet wide, constructed of pervious pavers. For access drives longer than 150 feet, the access drive shall be constructed with a turnaround area.
(g) 
As-built permeability test results of any new stormwater management basin shall be provided to the City of Vineland prior to the release of surety.
(h) 
Upon completion of any stormwater management basin and prior to release of surety, the design engineer shall certify in writing to the City of Vineland that the basin has been constructed according to the approved design, that any approved deviations are noted and that the basin has been properly cleaned after 90% of the project's completion. The engineer's certification shall also certify that the basin currently operates as intended by its design, taking into account all soil and water conditions encountered during construction.
(i) 
The location of the one-foot freeboard elevation of all stormwater management basins shall meet the minimum yard requirements of the zone and shall also be at least 50 feet away from any septic system, well or dwelling. Any septic system, well or dwelling within 50 feet of the property line on which any basin is built shall be located and shown on the plan. In the absence of such facilities, a note shall be added to the plan stating the absence.
(j) 
Street and yard inlet grates shall have elevations not less than the required one-foot freeboard elevation of stormwater management basins.
(k) 
The horizontal reaches of all underground stormwater management recharge structures shall meet the minimum yard requirements of the zone and shall also be at least 50 feet away from any septic system, well or dwelling. Any septic system, well or dwelling within 50 feet of the property line on which any basin is built shall be located and shown on the plan. In the absence of such facilities, a note shall be added to the plan stating the absence.
(2) 
Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized, provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by Subsection D of this section.
(3) 
Manufactured treatment devices may be used to meet the requirements of Subsection D of this section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department of Environmental Protection and that the applicant provides sizing computations signed and sealed by a professional engineer licensed in the State of New Jersey.
G. 
Sources for technical guidance.
(1) 
Technical guidance for stormwater management measures can be found in the documents listed below, which are available from Maps and Publications, New Jersey Department of Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey, 08625.
(a) 
Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended. Information is provided on stormwater management measures, such as bioretention systems, constructed stormwater wetlands, dry wells, extended detention basins, infiltration structures, manufactured treatment devices, pervious paving, sand filters, vegetative filter strips, and wet ponds.
(b) 
The New Jersey Department of Environmental Protection Stormwater Management Facilities Maintenance Manual, as amended.
(2) 
Additional technical guidance for stormwater management measures can be obtained from the following:
(a) 
The "Standards for Soil Erosion and Sediment Control in New Jersey" promulgated by the State Soil Conservation Committee and incorporated into N.J.A.C. 2:90. Copies of these standards may be obtained by contacting the State Soil Conservation Committee or any of the soil conservation districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of each soil conservation district may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey 08625;
(b) 
The Rutgers Cooperative Extension Service; and
(c) 
The soil conservation districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of each soil conservation district may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey, 08625.
H. 
Safety standards for stormwater management basins.
(1) 
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin.
(2) 
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.
[4] 
The trash rack 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.
(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) 
For purposes of this paragraph, "escape provisions" means the permanent installation of ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. 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. With the prior approval of the reviewing agency identified in 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. Such safety ledges shall be comprised of two steps. Each step shall be four 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.
[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.
(3) 
All new stormwater management basins shall be protected from public intrusion by both six-feet-high fencing and screening. If a chain link fence is utilized, it shall be clad with black vinyl.
(4) 
Variance or exemption from safety standards.
(a) 
A variance or exemption from the safety standards for stormwater management basins may be granted only upon a written finding by the City Engineer that the variance or exemption will not constitute a threat to public safety.
(5) 
Illustration of safety ledges in a new stormwater management basin.
425 Elevational View 2.tif
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 applicant's application for subdivision or site plan approval.
(b) 
The applicant shall demonstrate that the project meets the standards set forth in this section.
(c) 
The applicant shall submit 10 copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection I(3) of this section.
(2) 
Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the subdivision or site plan review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the engineer retained by the Planning and/or Zoning Board (as appropriate) 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) 
Checklist requirements. 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 man-made features not otherwise shown.
(b) 
Environmental site analysis.
[1] 
A written and graphic description of the natural and man-made features of the site and its environs. 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, environmentally critical areas and to those that provide particular opportunities or constraints for development.
[2] 
The site analysis shall also include a groundwater mounding analysis for each stormwater infiltration BMP. The groundwater mounding analysis shall calculate the maximum height of the groundwater mound based upon the volume of the maximum design storm. The professional engineer conducting the analysis shall provide the Municipal Engineer with the methodology and supporting documentation for the mounding analysis used and shall certify to City of Vineland, based upon the analysis, that the groundwater mound will not cause stormwater or groundwater to break out to the land surface or cause adverse impact to adjacent surface water bodies, wetlands or subsurface structures, including but not limited to basements and septic systems. If there is more than one infiltration BMP proposed, the model shall indicate if and how the mounds will interact. The mounding analysis shall be calculated using the most restrictive soil horizon that will remain in place within the explored aquifer thickness unless alternative analyses are authorized by the Municipal Engineer. The mounding analysis shall be accompanied by a cross section of the infiltration BMP and surrounding topography, and the mound analysis shall extend out to the point(s) at which the mound intersects with the preexisting maximum water table elevation.
(c) 
Project description and site plan(s). 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 curbing and roadway superelevation is existing and proposed. The map(s) shall also clearly show areas where alterations 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 of proposed changes in natural conditions shall also be required.
(d) 
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections C through F 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 paved or built upon, proposed surface contours (indicating high and low points), 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 (e.g., infiltration basins) depends on the hydrologic properties of soils, then a soils report shall be submitted. The soils report shall be based on on-site 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.
[3] 
A summary narrative of the calculations shall be provided. Said narrative shall include, but not be limited to:
[a] 
Design requirements;
[b] 
Design methodologies;
[c] 
Predevelopment and post-development peak discharge and volume results in tabular form for all design storms;
[d] 
New Jersey Groundwater Recharge Spreadsheet (NJGRS) printout;
[e] 
Post-development TSS removal rates by drainage area;
[f] 
Stage-area-storage table for proposed stormwater management facilities, which will indicate basin elevation in relation to basin surface area, storage volume, peak inflows and outflows;
[g] 
Time to drain stormwater management basin (calculations may be provided in other parts of report); and
[h] 
Bulleted summary of conformance to the various stormwater management requirements.
(g) 
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J.
(h) 
Nonstructural point system (NSPS) worksheet.
[1] 
The applicant shall complete the New Jersey Nonstructural Stormwater Management Strategies Point System (NSPS) and submit all pages for review.
[2] 
If the NSPS demonstrates that sufficient nonstructural stormwater management measures have been utilized, no further proof of compliance with the maximum extent practicable requirement shall be required. However, if the NSPS fails to demonstrate such compliance, such results shall not be used to disapprove any permit application sought by a proposed major development. Instead, the applicant will be required to demonstrate compliance through other and/or alternate means. This includes the Low Impact Development (LID) Checklist contained in Appendix A of the New Jersey Stormwater Best Management Practices Manual.
(i) 
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the Municipal 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.
(1) 
Applicability.
(a) 
Projects subject to review as in Subsection A(3) of this section shall comply with the requirements of Subsection J(2) and (3).
(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). Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual. If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's agreement to assume this responsibility or of the developer's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.
(c) 
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.
(d) 
If the person responsible for maintenance identified under Subsection J(2)(b) 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.
(e) 
Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including 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.
(f) 
The person responsible for maintenance identified under Subsection J(2)(b) above shall 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.
(g) 
The person responsible for maintenance identified under Subsection J(2)(b) above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
(h) 
The person responsible for maintenance identified under Subsection J(2)(b) above shall retain and make available, upon request by any public entity with administrative, health, environmental or safety authority over the site, the maintenance plan and the documentation required by Subsection J(2)(f) and (g) above.
(i) 
The requirements of Subsection J(2)(c) and (d) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.
(j) 
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.
(3) 
Nothing in this section 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.
K. 
Private storm drain retrofitting.
[Added 1-29-2013 by Ord. No. 2012-68[1]]
(1) 
Purpose. It is the purpose of this Subsection K to require the retrofitting of existing storm drain inlets that are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the City so as to protect public health, safety and welfare.
(2) 
Prohibited conduct. No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
(a) 
Already meets the design standards contained in § 425-72D(5)(c) to control passage of solid and floatable materials; or
(b) 
Is retrofitted or replaced to meet the standards contained in § 425-72D(5)(c) prior to the completion of the project.
[1]
Editor’s Note: This ordinance also provided for the redesignation of former Subsection K as Subsection L.
L. 
Penalties. Any person who erects, constructs, alters, repairs, converts, maintains or uses any building, structure or land in violation of this section shall be subject to the penalties outlined in § 425-312.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BUFFER or BUFFER STRIP
A land area used to visually separate one use from another or to block noise, lights or other nuisances, which shall be maintained on a base of self-draining soils and which may be required under screening standards to include fences, berms, vegetation or a combination thereof.
LANDSCAPING
The provision of lawns, trees, plants and other natural and decorative features in order to improve the visual and climatic conditions of the land.
SCREENING
A method of visually shielding or obscuring one structure or use from another structure or use by using walls, berms or densely planted vegetation which acts as a visual barrier and a muffler of noise.
SHADE TREES
Those trees which provide shade in the summer and shed their leaves in the fall.
B. 
Purpose. Buffer strips, screening, shade trees and landscaping shall be used to achieve the following:
(1) 
The maximum harmony possible between land uses and land users.
(2) 
The reduction of glare, noise and pollution levels.
(3) 
The reduction of the volume of stormwater runoff required to be carried away from the site.
(4) 
A safer means of controlling access to and from public streets.
(5) 
A safer functional pattern for on-site traffic circulation and circulation between connected but separate uses.
(6) 
Improved protection of privacy and property rights.
(7) 
Improved protection of the quality of the environment.
(8) 
Provision of areas of shade which reduce temperature and energy costs during hot weather.
(9) 
Provision for natural windscreens which protect from exposure and reduce energy costs during cold weather.
(10) 
The creation of a more visually pleasing site which contributes to the maintenance of an attractive community in which to live and work.
(11) 
The preservation of some land in a natural state to offset the monotony of continuous pavement and to improve the quality of the urban scene.
(12) 
The protection of environmentally sensitive areas.
(13) 
A means to conceal service and trash collection areas from public view.
(14) 
To generally preserve the amenities within public areas which provide some relief from the adverse effects of stress engendered by ever-increasing urbanization.
C. 
General provisions.
(1) 
The dimension standards set forth in this section are part of the area, yard and bulk requirements of the zoning schedules, specifically Sheet 1, Area, Yard, Bulk and Parking Standards (§ 425-308 of Article XV). An exception or change may be permitted after public hearing upon clearly demonstrated need based on the specific conditions or constraints of the particular site.
[Amended 1-23-1996 by Ord. No. 96-4]
(2) 
These standards shall not be applied to an existing site development approved prior to the adoption of this section unless such site development is enlarged or expanded, in which case the standards of this section shall apply to the areas of enlargement or expansion. However, these standards shall apply in all cases where the existing conditions are found to be hazardous to pedestrian or vehicular traffic or where a specific parking or drainage problem can be relieved by their application. In such cases, the Board shall require that revisions be made, but only to the extent necessary to alleviate the problem, as a condition for approval of the enlargement or expansion of the use.
(3) 
A buffer strip or buffer area shall be an integral part of a development plan or an expansion, shall be permanently maintained and shall not be encroached upon or reduced in any way.
(4) 
Natural features, such as drainage swales, scenic views, trees and such indigenous vegetation, shall be made part of the development to the fullest possible extent. Such features shall be properly maintained as well as such newly planted vegetation as may be required for screening purposes.
(5) 
The cost of providing, planting and maintaining the required shade trees and screening materials shall be placed under surety, including any fences, walls or berms which may be part of the screening requirement.
(6) 
It shall be the responsibility of the owner and/or lessee to carry out a care and maintenance program which assures that the required shade trees and screening materials are kept in good condition and that such planting as do not survive are replaced as soon as possible. (Refer to Subsection H for enforcement.)
D. 
Buffers.
(1) 
Side and rear line buffer strips required in commercial and industrial zones shall be a minimum of five feet in width, except as modified below, and shall be provided for all developments which require site plan approval. No parking shall be permitted therein nor shall such buffers be paved except at locations which provide for access across.
(2) 
Side and rear buffers which abut a residential use or residential zone shall be a minimum of 25 feet in width for all developments which require site plan approval except as modified below in the R-1, R-P, B-1, and R-B-1 and R-B-2 Zones to screen commercial or industrial activities which abut a residential use or residential zone.
[Amended 1-23-1996 by Ord. No. 96-4; 4-10-2007 by Ord. No. 2007-26; 6-24-2008 by Ord. No. 2008-39]
(3) 
In lieu of side- and rear-line buffer strips, solid fences or walls at least six feet high may be erected behind the minimum front yard building line in the R-1, R-P, B-1 and R-B Zones to screen commercial or industrial activities which abut a residential use or residential zone.
[Amended 1-23-1996 by Ord. No. 96-4]
(4) 
Front buffer strips shall be provided for all developments which require site plan approval and in residential development on street frontage designed as reverse frontage. No parking or paving shall be permitted within the front buffer strip. Sidewalks shall only be permitted within the front buffer strip in the B-1 Zone only. Front buffer strips shall be provided in accordance with the following provisions;
[Amended 9-27-1994 by Ord. No. 94-67; 4-10-2007 by Ord. No. 2007-26; 6-24-2008 by Ord. No. 2008-39]
(a) 
A twenty-five-foot landscape buffer shall be required along all public streets classified as a major or minor arterial or a major or minor collector street. A fifteen-foot landscape buffer shall be required along all other public streets. The landscape buffer shall include canopy trees and ground cover and understory and shrubs and must follow the standards provided herein.
(b) 
Not less than one canopy tree with a diameter breast height (DBH) at planting of 2 1/2 inches shall be provided for every 50 feet of street frontage.
(c) 
All planted shrub and ground cover areas shall achieve a one-hundred-percent coverage of their planting area within one year.
(d) 
The twenty-five-foot buffer along public streets may include a berm ranging in height from one to two feet, maintaining a two-foot height for at least 40% of the overall length. The course and base of the berm shall meander where possible and have side slopes no greater than 4:1.
(e) 
Loading, service or dumpster areas or similar items shall not be placed in any buffer.
(f) 
Hedge, shrub and ground cover landscaped areas should be planted to achieve one-hundred-percent coverage of the planting area within one year of installation. All continuous shrub hedges shall be installed at a minimum of 24 inches in overall height and maintained at a height of 36 inches to 42 inches and one-hundred-percent opacity within one year of planting. Determination of spacing should be considered as follows:
[1] 
Hedge/shrubs: three-gallon container grown, planted 36 inches on center maximum spacing. Plant count at thirty-six-inch triangular spacing equals: planting area square feet multiplied by 0.129 equals total number of plants.
[2] 
Ground covers: one-gallon container grown, planted 24 inches on center maximum spacing. Plant count at twenty-four-inch triangular spacing equals: planting area square feet multiplied by 0.290 equals total number of plants.
(5) 
Ground cover, such as grass, ivy or decorative stone landscaping, shall be provided on all the areas of a site which are not used for buildings, walkways, service areas, access drives and parking, and such ground cover shall be maintained continuously.
(6) 
Parking areas which provide 50 or more parking spaces shall use at least 5% of the land within said areas for divider strips or islands in order to alleviate an otherwise barren expanse of paved area and to provide locations for the required on-site shade trees. Parking lots shall be planted with trees at a rate of at least one tree per 12 spaces. Parking shall not extend more than 12 spaces without a tree island break. At time of parking lot construction and planter installation, all planter islands shall be excavated to the full width of the parking planter island and through the full depth of compacted subgrade to remove all compacted material, limerock or other material harmful to plant health, and backfilled with clean planting fill.
[Amended 4-10-2007 by Ord. No. 2007-26; 6-24-2008 by Ord. No. 2008-39]
(7) 
Divider strips located between rows of parking spaces shall be at least 10 feet wide in order to accommodate car overhang and allow for adequate planting space between bumpers.
[Amended 4-10-2007 by Ord. No. 2007-26; 6-24-2008 by Ord. No. 2008-39]
(8) 
Island spaces placed at the end of parking rows shall be a minimum of 10 feet wide. The height of landscaping materials placed within such islands shall not interfere with visibility necessary for safe traffic circulation.
E. 
Screening.
(1) 
Screening shall be required on all site developments which abut residential uses or residential zones. In cases where development is limited to a portion of a lot, the Board may limit screening to that portion plus such reasonable extension as will protect the adjacent residents from lights, noise, nuisance or other intrusions of privacy.
(2) 
Screening may consist of evergreen trees planted in two staggered rows, massed evergreens or a wall or solid fence with some shrubbery to break up the monotony of the wall or fence. The method, materials and arrangements shall create an effective visual barrier at least six feet high within two years of planting.
(3) 
The height of screening located within a front buffer strip, if screening is required therein, or any front landscaping shall not rise above four feet nor obstruct visibility at points of access. If a wall or fence is used, it may be solid only up to 30 inches above grade, shall be at least 70% open in the remaining 18 inches and shall be placed 10 feet back from the front property lines.
(4) 
Service areas and refuse stations shall be completely screened from streets and adjacent properties by means of a wood fence, a wall enclosure or by evergreen plantings.
(5) 
Evergreen trees for screening purposes shall be at least four feet tall at the time of planting.
F. 
Shade trees.
(1) 
All development which requires site plan approval shall provide one shade tree for each 50 feet of street frontage planted within the front buffer area. Trees shall not be planted where roots or branches can interfere with drainage facilities or utility lines.
(2) 
Within the parking area of a commercial or industrial site, one shade tree for each 12 parking spaces shall be provided.
[Amended 4-10-2007 by Ord. No. 2007-26; 6-24-2008 by Ord. No. 2008-39]
(3) 
Existing shade trees may be counted to meet the above if their location, size and condition substantially comply.
(4) 
Trees having wide-spreading roots, such as sycamores or willows, shall not be planted where they can disrupt paving or underground facilities.
(5) 
Trees which are resistant to motor exhausts, such as the London plane, are recommended.
(6) 
Trees which resist salt and deicing compounds, such as locusts and oaks, are recommended, particularly along public thoroughfares.
(7) 
Trees which are particularly susceptible to insects and disease, such as the American elm, shall be avoided.
(8) 
Trees shall be of such type, selection and size as will have the best chance to thrive. Those indigenous to the southern New Jersey area, such as maples and oaks, are recommended.
(9) 
Tree planting specifications are fairly standard: being balled, burlapped and properly staked. To assure survival, new trees should be thoroughly watered biweekly for at least two years during the spring, summer and fall months.
(10) 
Though forest or wild trees do not do well when their habitat is drastically altered, as many existing trees as possible should be retained. Survival depends on finished grade variations which do not vary more than six to 12 inches (unless wells are used), on careful pruning of roots and limbs (over a two- to three-year period) and on the erection of protective fences, particularly during site construction. Such trees survive better in groupings. Very old or disease-prone trees should not be retained. Under most circumstances, nursery-grown stock has the best chance for survival and growth.
(11) 
Deciduous trees shall have a caliper at breast height of at least 2 1/2 inches at the time of planting.
[Amended 4-10-2007 by Ord. No. 2007-26; 6-24-2008 by Ord. No. 2008-39]
G. 
Landscaping.
(1) 
Places appropriate for landscaping may include raised walkways, sidewalks and building walls, the ends of parking bays or in islands created within a parking area, as well as around sign pylons, sign walls, entranceways and along fences.
(2) 
Landscaping in narrow places shall utilize low-lying shrubs.
(3) 
Where landscaping materials are used to screen, hemlocks, white pines, cedars and yews are recommended.
(4) 
Shrubs shall have a minimum height of two feet and a minimum width of 18 inches at the time of planting.
(5) 
Decorative natural materials, such as wood chips or stones, shall not be used between curbs and sidewalks.
(6) 
Pedestrian walkways shall be landscaped with additional shade or ornamental trees equal to an average of one shade tree per 50 linear feet of walkway, unless the walkway is adjacent or included within an existing compliant buffer. One shade tree shall be planted for each 200 square feet of separate additional landscaped area.
[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]
(7) 
All landscaped areas shall be designed, installed and maintained at a high level of quality, following best management practices for landscaping. Landscaped areas shall include all areas of the site that are to be planted with ground cover, shrubs, trees or flowers, or any combination of plant material. All landscaped areas to be planted pursuant to an approved landscape plan of a site plan for nonresidential development and for multifamily residential development shall have one-hundred-percent irrigated coverage. All landscaped areas shall be irrigated with a timed, automatic underground system utilizing pop-up heads and/or tree bubblers and providing coverage of not more than 1 1/2 inches of water per week. The automatic irrigation system shall include a rain gauge or other water-saving features to minimize wasted water. Broken lines or damaged spray heads shall be repaired to minimize wasted water.
[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]
H. 
Enforcement. The continued maintenance of all site improvements shall be enforced by the Zoning Officer, who shall notify the property owner that a violation exists and that 60 days is given to correct it.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ACCELERATION LANE
An added roadway lane which permits integration and merging of slower-moving vehicles into the main vehicular stream.
[Amended 4-10-2007 by Ord. No. 2007-24]
AISLES
The travelled way by which cars enter and depart parking spaces.
BAYS
The parking module usually consisting of two rows of parking spaces and the aisle.
BUMPER
Permanent devices set in each stall to block the front wheels and prevent encroachment beyond the stall space.
CURB RETURN
The curb connecting the ramp curb to the street curb.
DECELERATION LANE
An added roadway lane that permits cars to slow down and leave the main vehicular stream.
DRIVEWAY OPENING
The opening along the curbline or edge of pavement at which point vehicles may enter or leave the roadway.
[Amended 4-10-2007 by Ord. No. 2007-24]
HAIRPIN MARKING
Parking stall striping configured such that double solid four-inch white stripes are placed 12 inches apart on center connected by a solid four-inch white stripe at the entrance to the parking stall.
[Amended 4-10-2007 by Ord. No. 2007-24]
ISLANDS
Built-up structures, usually curbed, placed at the end of parking rows as a guide to traffic and also used for landscaping, signing or lighting.
OVERHANG
The portion of a vehicle which extends beyond the wheel stops or curb approximately 2.5 feet.
PARKING SPACE
A space for the parking of a motor vehicle within a public or private parking area; also known as "parking stall."
PARTY DRIVEWAY
A single way providing vehicular access to two adjoining properties.
RAMP
A sloping roadway, passage or route used to join two different levels of streets, structures, buildings or sidewalks or a driveway.
[Amended 4-10-2007 by Ord. No. 2007-24]
SPEED BUMP
A raised section of a paved surface or roadway designed to interfere with and deter speeding traffic.
THROAT LENGTH
The distance between the street and the end of the driveway inside the land development where the parking lot is located. The throat is ended where the driveway terminates at the first instance of internal intersection.
[Added 4-10-2007 by Ord. No. 2007-24]
VEHICLE CLASS
The Federal Highway Administration 13 Vehicle Category Classification Chart shall be used to determine vehicle class.
[Added 4-14-2020 by Ord. No. 2020-14]
FHWA's 13 Vehicle Category Classification
B. 
Purpose. The purpose of this section is to set the minimum standards for the regulation of parking areas and parking lots in order to assure safety, appearance and convenience.
C. 
General provisions.
(1) 
The standards set forth under § 425-73C(1) and (2) of this article shall also apply to parking and access standards.
(2) 
Parking and service areas shall be integral parts of a site development plan or an expansion of an existing development and shall be properly paved and illuminated.
(3) 
Parking and service areas shall be so located that they do not interfere with proper drainage and so graded that water does not collect and remain on the surface.
(4) 
The cost of parking and service area construction shall be placed under surety.
(5) 
It shall be the responsibility of the owner or lessee to carry out a care and maintenance program which assures that the parking and service areas are kept in good condition and that parking space lines are clearly visible.
(6) 
The standards shall not be applied to off-street parking for one- or two-family residences of traditional developments.
(7) 
Parking on residential lots in any zone shall be limited to vehicles categorized as Class 1, Class 2 (including light-duty utility trailers a maximum of eight feet in length), Class 3, and Class 5 (dual wheel pick-up trucks only) on the Federal Highway Administration Vehicle Category Classification Chart, in addition to camping or recreational vehicles owned by the property owner. This provision shall not apply to a farm or to the vehicle of a private business providing usual, short-term service to a residential property (e.g., concrete truck or moving van making a delivery). Nothing in this provision should be construed as to allow any business use without approval, as required by this chapter. All allowable vehicles must be parked on a properly improved and developed surface in a compliant location, as per the Code of the City of Vineland.
[Amended 4-14-2020 by Ord. No. 2020-14]
D. 
Standards.[1]
(1) 
When the computation to determine the number of required parking spaces results in a fractional space, any fraction up to 1/2 shall be disregarded and any fraction of 1/2 or over shall require one space.
(2) 
Parking areas or lots which provide space for more than 50 vehicles shall provide on-site groundwater recharge where deemed necessary by the City Engineer and approved by the Planning Board.
(3) 
Parking areas or lots which provide 200 or more spaces shall provide divider strips between rows and/or landscaped islands in accordance with § 425-73D(6) through (8) of this article.
(4) 
Parking areas or lots which include 25 or more spaces shall provide one shade tree for each 25 spaces, to be planted within the parking area or lot in addition to the required street shade trees.
(5) 
Where curbing or wheel bumpers are used, the length of the paving in the parking space may be reduced by 2 1/2 feet, provided that the car overhang shall not intrude into the required buffer space or reduce abutting walkways to fewer than three feet.
(6) 
Where wheel bumpers are used, they shall be precast concrete securely anchored by long pins into the pavement and shall be designed to butt against the front wheels. Wheel bumpers are not recommended because they can be, and often are, pushed out of place, making snow removal and cleanup difficult.
(7) 
Old telephone poles or railroad ties laid on the ground to serve as bumpers shall not be approved.
(8) 
All parking spaces shall be delineated by painted lines. Hairpin marking is recommended for ninety-degree parking.
(9) 
Parking areas or lots shall be illuminated between sunset and sunrise when the use is in operation. All illumination shall be nonglare and focused downward and away from adjacent residential uses and public streets.
(10) 
Grass or similar ground cover is difficult to maintain under car overhang areas because of grease or radiator overrun. Either the sidewalk usually placed in front of the building shall be extended to include the overhang area or a two-and-one-half-foot-wide strip of stones or other natural material shall be tamped down within this space.
(11) 
In planning the parking arrangements, the developer shall focus on ease of public use. End slots are difficult to use unless the spaces are angled. If parking is perpendicular 90°, the end slot space shall be widened or a five-foot indentation shall be placed at the end of the bay.
(12) 
Provisions shall be made for ramps and extra-wide spaces for the handicapped in accordance with the New Jersey Barrier-Free Code.
(13) 
Driveways shall have a maximum slope of 2% through sidewalk area and a minimum slope of 2% from the sidewalk area to the back of curb/edge of pavement. Ramps, including driveways, shall be set to a maximum grade of 10%; breakover angles shall not exceed 10%. Residential driveways shall have a minimum slope of 2% from the building toward the sidewalk. Driveway slopes shall be labeled on the grading/drainage sheet.
[Amended 4-10-2007 by Ord. No. 2007-24]
(14) 
Slopes around parking areas in excess of 2:1 shall be avoided. A ratio of 3:1 is recommended with ground cover, such as ivy, crown vetch or similar material, planted to stabilize the slope. When excessive grading is required, parking should be terraced.
(15) 
Parking lots shall provide on-site turnaround space to permit cars to exit in a forward position.
(16) 
The minimum paving standards for nonresidential sites shall be as follows:
[Amended 1-22-2002 by Ord. No. 2002-1]
(a) 
Minimum standard: two inches of FABC Mix I-5 on a six-inch base of I-5 granular material or dense graded aggregate.
(b) 
For moderate and heavy truck traffic: two inches of FABC Mix I-5 over three inches of I-2 bituminous stabilized base course over a six-inch base of I-5 granular material or dense graded aggregate.
(c) 
For material storage areas, nonvehicular, or areas that will routinely receive asphalt-damaging traffic: four inches of three-fourths-inch median size broken, crushed subangular stone, free of silts or fines in accordance with Section 901.04 of the New Jersey Department of Transportation's Standard Specifications for Road and Bridge Construction (latest edition) over a six-inch base of I-5 granular material or dense graded aggregate.
(d) 
For stormwater basin access drives, in lieu of providing the minimum standard listed in Subsection D(16)(a) porous/grass pavers over a one-inch-thick bedding sand and a minimum of eight inches of compacted aggregate base. The minimum required width for a stormwater basin access drive is 10 feet.
[Added 11-7-2005 by Ord. No. 2005-84]
(17) 
Parking standards for multifamily housing developments.
(a) 
Location. Parking facilities shall be located as close as possible to the building or dwelling unit they will serve.
(b) 
Groupings. Parking spaces shall be located in small bays rather than strung along access drives.
(c) 
Walkways. Paved walks shall be provided from parking areas to the buildings they serve.
(d) 
Layout. Safe and convenient parking can be provided by arranging the buildings into a square and parking on the outside of the square, thus leaving the interior as open space.
(18) 
Driveway aprons, sidewalks and driveways from the back of the sidewalk to the property line shall be constructed of portland cement concrete complying with NJDOT Class B concrete.
[Amended 4-10-2007 by Ord. No. 2007-24]
(19) 
High points and lines of grade breaks in driveway/parking areas shall be noted on the grading/drainage plan.
[Added 4-10-2007 by Ord. No. 2007-24]
(20) 
Driveways shall be designed with sufficient throat length to provide adequate internal circulation of the site.
[Added 4-10-2007 by Ord. No. 2007-24]
(21) 
Compliance with the construction standards shall be required for all site improvements. (See § 425-79 of this article.)
[Added 4-10-2007 by Ord. No. 2007-24]
[1]
Editor's Note: See the Dimensions Table for Parking Spaces and Aisles located at the end of this chapter.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CARTWAY
That area of a street within which vehicles are permitted, including travel lanes and parking places, usually measured between curbs or curblines.
CHANNELIZATION
A traffic control device which forces vehicles into certain traffic flows or turning movements.
CONSERVATION EASEMENT
An easement which precludes future or additional development of the land in order to preserve open space, a scenic view, a waterfront or the facade of a building.
DRAINAGE EASEMENT
An easement required for the installation of sewers or drainage ditches and/or required for the preservation or maintenance of a natural stream, watercourse or other drainage facility.
EASEMENT
The grant of one or more property rights by the property owner to and/or for the use by the public, a corporation or another person or entity.
LOCAL STREET
A street designed to provide access to the abutting property and to discourage through traffic, generally connecting to a collector.
MAJOR ARTERIAL
A roadway of limited access, such as New Jersey Route 55 which carries traffic on multilanes from one region to another within the state, generally connecting with interstate routes.
MAJOR COLLECTOR STREET
A street which serves to collect traffic from the minor collector streets and is part of the network which comprises the main movers of traffic within the City, generally connecting to a minor arterial.
MINOR ARTERIAL
A roadway, such as New Jersey Route 47, which serves to collect traffic from the major collectors and carry it through the City and into the adjacent counties.
MINOR COLLECTOR STREET
A street which serves to collect traffic from local streets, generally connecting to a major collector.
MINOR STREET
A street which carries very little traffic, such as a cul-de-sac, and serves only as access to the abutting lots, generally connecting to a local street.
PERPETUAL EASEMENT
An easement that is self-perpetuating and runs with the land.
RIGHT-OF-WAY
A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or is occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, waterline, sanitary storm sewer and other similar uses, and which grants the right of one to pass over the property of another.
SIGHT TRIANGLE
A triangular-shaped portion of land established at street intersections or driveway intersections in which nothing is erected, placed, planted or allowed to grow in such manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection. Sight triangles shall be in accordance with the latest edition of AASHTO's "A Policy on Geometric Design of Highways and Streets" with the exception that all maneuvers (left turns, right turns, crossing) from a "stop" shall be calculated using "left turn from stop" criteria. For applications involving multiple lanes, wide shoulders, greater than 3% grades, or higher percentages of heavy vehicles, adjustments must be made to lengthen the time gap portion of the equation from which the sight triangle distances are based.
[Amended 4-10-2007 by Ord. No. 2007-24]
STREET
Any vehicular way which is an existing state, county or municipal roadway, is shown on a plat approved pursuant to law, is approved by other official action or is shown on a plat duly filed and recorded in the office of the County Recorder prior to the appointment of a Planning Board and the grant to said Board of the power to review plats, and includes the land between the street lines, whether or not improved.
STREET SHADE TREE EASEMENT
An easement set adjacent to the public right-of-way boundaries for the purpose of planting and maintaining street shade trees, usually required where utilities and infrastructure have preempted space within the dedicated public right-of-way.
B. 
Purpose. The purpose of this section is to classify streets based on their function, to provide standards of design and construction, to provide regulations which protect the integrity of the circulation plan and, thereby, to increase public safety.
C. 
General provisions.
(1) 
The movement of people and vehicles is an important element of the development review. The circulation plan is based on a logical process. For example, in driving to work, one usually proceeds from a minor or local street to a collector which leads to an arterial roadway. Most drivers are willing to use roundabout routes to avoid heavy traffic. The development plan for circulation should provide for obvious preferences.
(2) 
Separate pedestrian and bicycle path systems are encouraged to ensure safe segregation from vehicular traffic.
(3) 
The utilization of culs-de-sac and loop streets is encouraged where appropriate. Such streets offer maximum privacy and safety and do not permit short cuts by through traffic.
(4) 
The internal system should be determined by the demands of the site, the traffic needs of the area and the volume to be generated by the development. One system may be incorporated within another; for example, a loop within a grid system which functions to separate slow and fast traffic.
(5) 
Intersections should be as close as possible to right angles.
(6) 
The construction of retaining walls shall not be permitted in the public right-of-way.
[Added 4-10-2007 by Ord. No. 2007-24]
D. 
Street classifications shall be as follows.
(1) 
Major arterial: New Jersey Route 55 (limited access route).
(2) 
Minor arterials:
Chestnut Avenue (from Delsea Drive to Lincoln Avenue)
East Railroad Boulevard
Elmer Road/Dante Avenue (from Delsea Drive to Union Road)
Garden Road (from Maurice River to Main Road)
Landis Avenue (from Maurice River to Delsea Drive and Main Road to Union Road)
Lincoln Avenue
Main Road
Mayslanding Road
New Jersey Route 47 (Delsea Drive)
Park Avenue (from Delsea Drive to Main Road)
Sherman Avenue
Union Road
West Railroad Boulevard
Wheat Road (from Delsea Drive eastwardly)
(3) 
Major collectors:
Almond Road
College Drive
East Avenue (from Park Avenue to Chestnut Avenue)
Maple Avenue (from Main Road to Brewster Road)
Mill Road
West Avenue (from Park Avenue to Chestnut Avenue)
Weymouth Road
(4) 
Minor collectors:
Brookfield Streets (connected)
Butler Avenue
Chestnut Avenue (east of Lincoln)
Cornucopia Avenue
East Avenue (from Strawberry Avenue to Park Avenue)
Elm Road
Foster Avenue/Magnolia Road (connected)
Franklin Drive/Italia Avenue (connected)
Hance Bridge Road
Maple Avenue (east of Brewster Road)
Oak Road
Orchard Road
Palermo Avenue
Panther Road
Pennsylvania Avenue
Spring Road
Venezia Avenue
West Avenue (from Weymouth Road to Park Avenue)
E. 
Building line modification for minor arterials. The building line setback along minor arterials shall be 100 feet from the center line of the street, except that structures legally located along said arterials which are made nonconforming by the passage of this chapter shall be permitted to increase the size of the structure or portion thereof which is located within the nonconforming area by up to 25%. No other increase of such nonconforming structure shall be permitted as of right within the one-hundred-foot setback established herein. (See also Article XV, § 425-306J.)
[Amended 1-23-1996 by Ord. No. 96-4]
F. 
Street width and length standards.
(1) 
The following shall be standard:
[Amended 5-23-1995 by Ord. No. 95-25]
Street Classification
Cartway Right-of-Way Width
(feet)
Width
(feet)
Length Maximum
(feet)
Maximum Number of Dwellings
Cul-de-sac
50
30
750
25
(R = 55)
(R = 45)
Loop
50
30
2,600
50
Minor or local
50
30
Minor collector
60 to 70
40
Major collector
66 to 100
40 to 60
Minor arterial
66 to 100
40 to 60
(2) 
All new streets, public or private, shall conform to the construction standards as approved and amended. See § 425-79 of this article.
(3) 
Circulation plans and intersections shall be compatible with the Cumberland County Urban Area Transportation Plan.
(4) 
The location of new streets shall conform to the Master Plan of Street Extensions, as duly adopted and revised by the Planning Board.
(5) 
No street shall intersect another at an angle of less than 60°.
(6) 
Intersecting street lines shall connect with a curve having a minimum radius of 20 feet.
(7) 
If a proposed street cannot be aligned with a street existing on the opposite side of the road, the center line of the proposed street shall be placed at least 150 feet away from the center line of the existing street.
(8) 
At least two means of ingress and egress shall be provided for residential developments which comprise more than 50 dwelling units. While the primary purpose of an interconnected system is to safely and efficiently distribute traffic throughout the site and to the adjacent streets, an important secondary purpose is to ensure access by emergency vehicles.
(9) 
The radius of the curbs on an access road shall be at least 35 feet when connecting to arterials or collector streets.
(10) 
Dead-end streets which are to be extended at some future time shall provide a turnaround radius of 50 feet measured from the center line of the right-of-way, and the full width of the street shall be dedicated along the property line beyond which the street will extend. The building line along the lots fronting on the cul-de-sac shall conform as nearly as possible to the required setback, but in no case shall be closer than 15 feet to the property line of the temporary cul-de-sac.
(11) 
Stub-end streets, required to be dedicated to protect the integrity of the Master Plan of Street Extensions, need not provide a turnaround if they are less than 150 feet long.
(12) 
A tangent of not less than 100 feet shall connect reverse curves on local or minor streets; a tangent of not less than 300 feet shall apply to all other streets.
(13) 
When connecting street lines deflect from each other by more than 10° but by less than 45°, they shall be joined by a curve having a radius of not less than 400 feet for minor or local streets. For all other streets, the connecting curve shall have a radius of at least 750 feet.
(14) 
Grades on minor or local streets shall not exceed 10%. No street shall be graded at less than 1/2 of 1%. Within 50 feet of intersection with an arterial or collector, the maximum grade shall be 2%.
(15) 
All changes in grade shall be connected by vertical curves of sufficient length to provide smooth transition and proper sight distances.
(16) 
No street shall duplicate the name or so nearly duplicate as to be confused with an existing street name. Street names proposed by the developer shall be designated on the initial submission and shall be subject to approval of the Planning Board. If names are not designated, the Planning Board shall name the streets.
(17) 
Driveways on lots which front on arterial or collector streets shall be designed to provide on-site turning space to avoid the necessity of cars backing into the street. Joint driveways are recommended because they reduce the possible collision points on the street, reduce interference with traffic flow and reduce the total paving necessary.
(18) 
The proposed street plan shall be designed to minimize the necessity for driveway openings on existing streets with ADT at or above 3,000 and/or posted speed limits of 35 mph or above. New residential development which abuts such streets shall provide reverse frontage access from a minor street for the proposed housing.
[Amended 4-10-2007 by Ord. No. 2007-24]
(19) 
The recommended minimum distances between center lines of arterial and collector streets is 1,000 feet, between arterials (or collectors) and minor streets is 600 feet, and between minor streets is 200 feet.
(20) 
If final surface course paving is not completed by November 15 of any year, all castings shall be set flush with the asphalt base course. When final paving occurs, the manholes shall be manually reset with masonry and inlets may be raised with four sided riser extension units.
[Added 4-10-2007 by Ord. No. 2007-24]
(21) 
Road profiles shall be designed to have the tangent extensions intersect at center lines.
[Added 4-10-2007 by Ord. No. 2007-24]
(22) 
Permanent signs shall be installed in areas of future street extensions, alerting the public to the potential of the extension. The sign must be approved by the City Engineer.
[Added 4-10-2007 by Ord. No. 2007-24]
G. 
Traffic impact statements (TIS)[1] shall provide:
(1) 
A description of the traffic expected to be generated by the proposed development.
(2) 
A description of the current traffic loads on the surrounding streets.
(3) 
The probable impact of the development on capacities and service levels.
(4) 
The improvements required to ease congestion and maintain capacity and service.
[1]
Editor's Note: For complete details, see § 425-80 of this article.
H. 
Review guide for assessment of traffic impact statements. The Board shall consider the following:
(1) 
The recommendations of the City of Vineland Police Department.
(2) 
The recommendations of the City Engineer.
(3) 
The existing and projected capacity of streets and intersections at level of service "C."
(4) 
The number and location of driveways and intersections.
(5) 
The parking, if any, within the street right-of-way.
(6) 
Existing and proposed traffic signals, pedestrian crossings and channelization.
(7) 
The following guidelines for traffic volumes on residential streets, which volume is generally less than its physical or optimum capacity:
Type of Street
Average Daily Traffic
(number of vehicular trips)
Type of Residential Use
Minor or local
0 to 2,000
Single-family detached
Collector
2,000 to 5,000
Single units and multiunits on limited or reverse-frontage lots
Arterial
5,000 and over
Multiunit developments with limited access
(8) 
The following guidelines for assessing traffic volumes generated by different uses:
Type of Use
One-Way Vehicular Trips
(per day)
Single-family detached unit
Between 10 and 15
Multifamily units
Between 4 and 8
Senior citizen housing
Less than 4
NOTE: All figures include delivery and service vehicles. The higher figures apply to high-income low-density areas where two to three cars per unit are common. The number designated for multifamily units generally depends on the size of the unit and the proximity to public transportation
I. 
Easements. As a rule, utility distribution lines, such as water mains, sewer lines, drainage facilities, electric, gas and telephone service lines, are located within public rights-of-way. Sometimes, however, other locations become necessary and easements must be considered.
(1) 
Location. Easements shall be located in accordance with the approval of the appropriate authority and the Planning Board and shall not be placed in any buffer which is required to be planted in order to provide or preserve the required screening.
(2) 
Width. Easements shall be at least 20 feet wide.
(3) 
Width along watercourses. Easements measuring 25 feet in width on each side of watercourses, streams or channels shall be required.
(4) 
Natural features shall be disturbed as little as possible within easement areas.
(5) 
Two paper copies of legal descriptions setting off the areas of the easement by metes and bounds shall be submitted prior to final approval of a development or any phase of a development.
[Amended 4-10-2007 by Ord. No. 2007-24]
J. 
Compliance with the construction standards shall be required for all site improvements. See § 425-79 of this article.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BLOCK
An area of land usually bounded by streets, railways, streams or other barriers to development continuity, which includes within its boundaries land parcels designated by lot numbers on the Municipal Tax Maps.
LOT
A parcel, tract or area of land established by plat or subdivision as permitted by law, to be used, developed or built upon as a unit.
B. 
Block regulations.
(1) 
Blocks shall be of such shape and size as will properly accommodate the lot sizes specified for the zone under the schedules of Sheet 1, Area, Yard, Bulk and Parking Standards (Article XV, § 425-308).
[Amended 1-23-1996 by Ord. No. 96-4]
(2) 
Block boundaries shall be designed to facilitate safe control of the anticipated street traffic.
(3) 
Block lengths shall not exceed 1,320 feet except where they abut arterial streets.
(4) 
Blocks shall conform to the Master Plan of Street Extensions unless revisions are duly approved by the Planning Board after public hearing.
(5) 
Block numbers shall be assigned to conform to the system governing Tax Maps and shall be approved by the Tax Assessor.
C. 
Lot regulations.
(1) 
Lot sizes shall meet the minimum requirements set under the zoning schedules, Sheet 1, Area, Yard, Bulk and Parking Standards (§ 425-308 of Article XV).
[Amended 1-23-1996 by Ord. No. 96-4]
(2) 
A condition of subdivision approval for a traditional development plan shall be that lots shall front on streets which are or shall be dedicated to public use in accordance with the standards set herein.
(3) 
Where extra width is required to be dedicated to widen an existing right-of-way, the lot lines shall begin at the extra width line; lot area shall be calculated from this line, and the building line setback shall be measured from it.
(4) 
The minimum depth of a lot shall be measured along a horizontal distance between the front and rear lines which is perpendicular to the street at the midpoint of the lot or, in the case of curved streets and cul-de-sac lots, shall be measured along a radial line which intersects the midpoint of the lot frontage.
[Amended 11-7-2005 by Ord. No. 2005-83]
(5) 
The frontage of a lot shall be measured along the street right-of-way line which, on standard-width streets, is 25 feet from the center line.
(6) 
Corner lots and other double-frontage lots shall be subject to two front yard and two side yard requirements.
(7) 
Lot lines shall be represented by bearings and distances based on actual field surveys.
(8) 
In the case of reverse-frontage lots, the street line which parallels the arterial or major street shall be considered the frontage. No other access to reverse-frontage lots shall be permitted.
(9) 
In the case of lots having nonparallel side lines, the frontage shall be measured along the building line set for the zone.
(10) 
In the case of lots which abut curved streets or front on culs-de-sac, the frontage shall be measured along the tangent of the center of the arc at the building line set for the zone.
(11) 
Insofar as is practical and whenever possible, lot side lines shall be at right angles to straight streets and shall be radial to curved streets and to culs-de-sac.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FENCE
An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
B. 
Purpose. The purpose of this section is to provide standards for regulating the use of fences.
C. 
General provisions.
(1) 
All fences shall be erected within the owner's property lines.
(2) 
No fence shall encroach on a public right-of-way or easement.
(3) 
No fence shall obstruct visibility or create a potential hazard.
(4) 
All fences shall be owner-maintained in safe, sound and upright condition on secure foundations.
(5) 
Reconstruction, relocation or alteration of existing fences shall conform to the standards of this section.
D. 
Standards for fences in residential zones shall be as follows.
(1) 
Height: six feet maximum from a building line back; four feet maximum from property line to building line.
(2) 
Openness, for fences located in front yards which exceed 30 inches in height: at least 70% open on the vertical faces.
(3) 
Tennis courts: 10 feet minimum height, open-wire type.
(4) 
Swimming pools: four feet minimum height for in-ground pools.
E. 
For fences in business and industrial zones, except for LC, LMS and EG Zones, the height standard shall be eight feet maximum, including barbed wire, placed no closer than 10 feet to the front property line, said ten-foot setback being the boundary of the required front yard buffer. For LC, LMS and EG Zones, fences shall be prohibited, except for enclosures for trash receptacles and building mechanical equipment, such as air conditioning units, or as permitted by the Main Street District Outdoor Dining and Seating Design Standards.
[Amended 7-22-2014 by Ord. No. 2014-28]
F. 
Fences for public areas. A fence having a maximum height of 10 feet may enclose public playgrounds, public parks or school properties.
G. 
Exceptions. These regulations shall not be applied to restrict the erection of a wall for the purpose of retaining earth nor shall they be applied to public utility installations.
H. 
Enforcement.
(1) 
If the Zoning Officer, upon report and inspection, finds that any fence or portion thereof is not maintained as specified herein, the Officer shall notify the owner in writing, state his findings and the reasons for said findings, and he shall order such fence or portion repaired or removed within 30 days of the notice.
(2) 
If after notice the fence is not repaired or removed within the time given, the owner shall be subject to the provisions of Article XV regarding violations and penalties.
[Amended 2-28-1995 by Ord. No. 95-8; 7-25-1995 by Ord. No. 95-46; 1-23-1996 by Ord. No. 96-4]
A. 
Purpose. It is the purpose of this section to regulate exterior signage to promote and protect the public health, safety and welfare. More specifically, it is the purpose of this section to:
(1) 
Enhance the aesthetic environment.
(2) 
Encourage the effective utilization of signage as a means of identifying establishments.
(3) 
Create an attractive and viable business climate.
(4) 
Maintain the character of residential neighborhoods and rural areas.
(5) 
Protect the natural environment.
(6) 
Minimize possible adverse effects on adjoining properties.
(7) 
Ensure compatibility of signage with surrounding land uses by regulating said signage based on the character of an area (zoning district) rather than on the nature of an establishment.
(8) 
Improve both pedestrian and vehicular safety by reducing distractions, obstructions and hazards caused by the indiscriminate use or placement of signage.
(9) 
Ensure uncluttered streetscapes.
(10) 
Reverse prior practices which allowed for excessive signage.
(11) 
Limit the competitive nature of signage, which has led to excessive signage, by implementing reasonable and consistent regulations.
B. 
Applicability. The regulations of this section shall govern and control the placement, establishment, erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all signs within the City, with the exception of public signs, visible from any public street, road or sidewalk or adjoining property. Any signage not expressly permitted by these regulations shall be prohibited.
C. 
Definitions. Words and phrases used in this section shall have the meanings set forth in this section. Words and phrases not defined in this section, but defined elsewhere in this chapter, shall be given the meanings set forth in said chapter. All other words and phrases shall be given their common, ordinary meanings, unless the context clearly requires otherwise. The following definitions shall be applicable to this section:
ANIMATED SIGN
Any sign or part of a sign which changes physical condition by any movement or rotation or which utilizes changes in lighting or materials to give the visual impression of such movement or rotation.
ATTENTION-GETTING DEVICE
Any device, with or without commercial message, designed or intended to attract attention because of size, or because of sudden, intermittent or rhythmic movement or physical change, or because of lighting. Such devices shall include, but not be limited to, pennants, banners, nongovernmental flags, streamers, tethered balloons, propellers, whirlygigs, carnival lights, beacons, searchlights, flashing signs and inflatable or oversized decorations.
AWNING or CANOPY
Any fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area. A marquee is not an awning or canopy for purposes of this section.
AWNING, CANOPY OR MARQUEE SIGN
Any sign that is mounted or painted on or is attached to or is a part of an awning, canopy or marquee, such that no part of the sign shall extend above, below or beyond the physical dimensions of such awning, canopy or marquee, except as allowed for a wall sign. For purposes of this chapter, an awning, canopy or marquee sign shall be considered a wall sign.
BANNER
Any sign of lightweight fabric or similar material that is mounted on a pole or a building at one or more edges. For purposes of this chapter, a banner shall be considered an attention-getting device.
BEACON
Any light with one or more beams directed into the atmosphere or directed at one or more off-site points or any light with one or more beams that rotate or move. For purposes of this chapter, a beacon shall be considered an attention-getting device.
BILLBOARD
Any sign which directs attention to a business, product, service or entertainment conducted, sold or offered at a location other than the property on which the sign is located. A billboard may also be a sign with no commercial message. Except in the Pinelands Area of the City, billboard, for purposes of this chapter, shall not include signage placed upon New Jersey Transit weather shelters within public right-of-way, if approved by City Council.
BUILDING MARKER
Any sign indicating the name of a building and date of its construction which is cut into a masonry surface or is made of bronze or other permanent material.
BULLETIN BOARD SIGN
Any sign which identifies an institution or organization on the premises on which it is located and which contains the name of the institution or organization and the name or names of the person or persons connected with it, greetings, announcements of events or activities, or similar messages. For purposes of this chapter, a bulletin board sign shall be considered either a freestanding sign or a wall sign, whichever is appropriate.
CHANGEABLE COPY SIGN
Any sign or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the copy changes more than eight times per day, unless said copy provides only an electronic or mechanical indication of time and/or temperature, shall be considered an animated sign and not a changeable copy sign for purposes of this section.
COMMERCIAL MESSAGE
Any sign wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service, entertainment or other commercial activity.
CONSTRUCTION SIGN
Any sign erected on premises upon which construction is taking place, during the period of such construction, indicating the names of the architects, contractors or similar artisans or the owners, financial supporters, sponsors or similar persons or firms having a role or interest with respect to the structure or project.
DIRECTIONAL SIGN
Any sign, with no commercial message, which guides and controls access and on-site traffic flow. For purposes of this chapter, a directional sign shall be considered an incidental sign.
DIRECTORY SIGN
Any sign giving the name or name and location of the occupants of the building to which the sign is associated.
DISTANCE OF SIGN PROJECTION
The horizontal distance from the exterior wall surface of a building to the sign element the farthest distance from said surface.
FLASHING SIGN
Any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever. For purposes of this chapter, a flashing sign shall be considered an attention-getting device.
FREESTANDING SIGN
Any sign supported by structures that are placed on or are anchored in the ground and that are independent from any building. In addition to ground, pole and pylon signs, for purposes of this chapter, a sign placed on a decorative, wall-like structure shall be considered a freestanding sign.
GOVERNMENTAL FLAG
Any fabric banner or bunting containing distinctive colors, patterns or markings used as a symbol of a government, political subdivision or institution.
GROUND SIGN
Any sign, other than a pole or pylon sign, supported by structures that are placed on or are anchored in the ground and that are independent from any building, such that the bottom edge of the sign face of any ground sign shall be less than six feet above grade. For purposes of this chapter, a ground sign shall be considered a freestanding sign.
HOLIDAY DECORATIONS
Decorations, with no commercial message, clearly incidental to and customarily and commonly associated with any national, local or religious holiday, displayed during appropriate seasons.
IDENTIFICATION SIGN
Any sign giving the name, logo, trademark or other identifying symbol, address or any combination of the name, symbol and address of a building, business, development or establishment on the premises where it is located.
ILLUMINATION
The lighting of a sign supplied in any manner by an artificial light source.
INCIDENTAL SIGN
Any informational sign, with no commercial message, that has a purpose secondary to the use of the property on which it is located. For purposes of this chapter, directional signs, in addition to signs providing information on hours of operation, accepted credit cards, menus and the location of rest rooms and telephones, shall be considered incidental signs.
INTEGRAL ROOF SIGN
Any roof sign erected or constructed as an integral or essentially integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the associated roof structure and such that no part of the sign is separated from the roof by a space of more than two feet. For purposes of this chapter, an integral roof sign shall be considered a wall sign.
MARQUEE
Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
NONCONFORMING SIGN
Any sign which lawfully existed prior to the adoption, revision or amendment of this chapter, but which now fails to comply with all the standards and regulations contained herein by reason of said adoption, revision or amendment.
PENNANT
Any lightweight plastic, fabric or other material, with or without commercial message, suspended from a rope, wire or string, usually in a series, designed to move in the wind. For purposes of this chapter, a pennant shall be considered an attention-getting device.
POLE OR PYLON SIGN
Any sign that is mounted on a pole or pylon or other supports such that the bottom edge of the sign face is six feet or more above grade. For purposes of this chapter, a pole or pylon sign shall be considered a freestanding sign.
POLITICAL SIGN
Any sign announcing or supporting political candidates or issues in connection with any national, state or local election. A political sign is not a temporary sign for purposes of this section.
PORTABLE SIGN
Any sign that is not permanently affixed to a building, a structure or the ground. Such signs shall include, but not be limited to, signs designed to be transported by means of wheels; signs converted to A-frames, T-frames, or sandwich boards; and signs attached to or painted on vehicles parked and visible from any public right-of-way, unless said vehicles are used in the normal day-to-day operation of the business. For purposes of this chapter, a portable sign shall be considered a temporary sign.
PRIVATE SALE OR EVENT SIGN
Any sign advertising the private sale of personal property at a person's residence, such as garage sales, rummage sales and the like, or private not-for-profit events, such as picnics, carnivals, bazaars, game nights, art fairs, craft shows and the like, erected only for a limited period of time.
PROJECTING SIGN
Any sign that is wholly or partly dependent upon a building for support and which has a distance of sign projection of more than two feet.
PUBLIC SIGN
Any sign erected by or on behalf of a governmental body or public utility pursuant to any law, ordinance or governmental regulation or in discharge of any governmental function, such as posting legal notices, identifying public or utility property, conveying public information or directing or regulating pedestrian or vehicular traffic within public rights-of-way.
REAL ESTATE SIGN
Any sign pertaining to the sale or lease of the premises or a portion of the premises on which the sign is located.
RESIDENTIAL SIGN
Any sign located in a residential zone that contains no commercial message except advertising for goods or services legally offered on the premises where the sign is located, if offering such services at such location conforms with all the requirements of this chapter.
ROOF SIGN
Any sign that is integral to or is erected or constructed upon the roof of a building or which is dependent on a building for support and which extends above the highest point of a building with a flat roof, the eave line of a building with a gambrel, gable or hip roof or the deckline of a building with a mansard roof.
SIGN
Any object, device, display, structure, fixture, placard or part thereof situated outdoors or visible from outdoors, which is used to announce, advertise, identify, display, direct or attract attention to or communicate information of any kind about an object, person, institution, organization, business, product, service, event, subject or location by any means, including words, letters, figures, designs, symbols, fixtures, colors, forms, graphics, illumination or projected images. For purposes of this chapter, a governmental flag; an emblem or insignia of any governmental, institutional, religious, fraternal or civic organization; a window display; a work of art which relates no commercial message or an athletic field scoreboard shall not be considered a sign.
SIGN FACE
The entire surface area of a sign on which copy could be placed. The computation of sign face area is explained more fully in Subsection I(1).
SIGN HEIGHT
The vertical distance from the base of a sign to the top of the highest attached component of the sign. The computation of sign height is explained more fully in Subsection I(2).
TEMPORARY SIGN
Any sign or advertising display generally but not always constructed of cloth, canvas, fabric, paper, plastic, plywood or other lightweight material, designed or intended to be displayed for a limited period of time.
WALL SIGN
Any sign fastened parallel to or painted on or confined within the wall of a building in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which has a distance of sign projection of not more than two feet.
WINDOW SIGN
Any sign, with the exception of a directory, identification or incidental sign, which is applied or attached to the interior or exterior of a window. For purposes of this chapter, a window sign shall be considered a wall sign.
D. 
Permitted signs. The following signs shall be permitted if in accordance with all the regulations of this section and with § 425-308:
(1) 
Billboards.
(2) 
Building markers.
(3) 
Changeable copy signs.
(4) 
Construction signs (maximum sign face area: four square feet for properties within residential zones and 32 square feet for properties within business or industrial zones; maximum number of signs: one per company or firm per street frontage).
(5) 
Directory signs (maximum sign face area: four square feet; maximum number of signs: one per building entrance).
(6) 
Freestanding signs.
(7) 
Holiday decorations.
(8) 
Identification signs (maximum sign face area: two square feet; maximum number of signs: one per street frontage).
(9) 
Incidental signs (maximum sign face area: two square feet; no maximum number of signs).
(10) 
On-site real estate signs.
[Amended 12-23-2008 by Ord. No. 2008-87]
(a) 
"For sale" signs. The maximum sign face area is four square feet for properties within residential zones and 32 square feet for properties within business or industrial zones. The maximum number of signs: one per street frontage.
(b) 
"Open house" signs are permitted in addition to "for sale" signs within residential zones. The maximum sign face area is four square feet. The maximum number of signs: one per street frontage. The maximum display time: three days per open house.
(c) 
For purposes of this section, "open house" shall be defined as a maximum of two consecutive days for which a property within a residential zone is advertised to be opened to the general public without appointments. The sellers or their representatives shall be on-site and available to permit entry to the premises for the purpose of showing the property to prospective purchasers.
(11) 
Political signs (maximum sign face area: four square feet for properties within residential zones and 32 square feet for properties within business or industrial zones; maximum number of signs: one per candidate or issue per street frontage).
(12) 
Private sale or event signs (maximum sign face area: four square feet for properties within residential zones and 32 square feet for properties within business or industrial zones; maximum number of signs: one per street frontage).
(13) 
Public signs (exempt from regulations of this section).
(14) 
Residential signs.
(15) 
Temporary signs.
(16) 
Trespassing notices (maximum sign face area: two square feet; no maximum number of signs).
(17) 
Wall signs.
E. 
Prohibited signs. The following signs shall be prohibited in all zoning districts:
(1) 
Animated signs.
(2) 
Attention-getting devices (banners and nongovernmental flags erected by the Vineland Downtown Improvement District within the Vineland Downtown Improvement District area shall be exempt from this chapter provision).
(3) 
Off-site real estate signs.
(4) 
Portable signs, except those approved as temporary signs.
(5) 
Projecting signs.
(6) 
Roof signs, except those that are integral roof signs.
(7) 
Signs painted on or affixed to trees, utility poles, rocks, curbs, sidewalks, fences, lamps, hydrants, benches, refuse containers or enclosures, weather shelters or bridges (signage placed upon New Jersey Transit weather shelters within public right-of-way, if approved by City Council, shall be exempt from this chapter provision).
(8) 
Signs which contain statements, words or pictures of an obscene nature.
(9) 
Signs which project into or over public right-of-way (signage placed upon New Jersey Transit weather shelters within public right-of-way, if approved by City Council, and banners and nongovernmental flags erected by the Vineland Downtown Improvement District within the Vineland Downtown Improvement District area shall be exempt from this chapter provision).
(10) 
Signs which simulate in color, form, character, shade or lighting or which could otherwise be mistaken for functional, directional or warning signals maintained by governmental agencies, railroads or public utilities.
F. 
Nonconforming signs. A sign which lawfully existed prior to the adoption, revision or amendment of this chapter, but which now fails to comply with all the standards and regulations contained herein by reason of said adoption, revision or amendment shall be deemed a nonconforming sign. Said sign shall not be reconstructed, relocated, replaced, enlarged or changed in nature, purpose or type. Said sign may only be cleaned, repainted or repaired, provided that no structural change is made.
G. 
Sign zoning permit. No sign, except those enumerated in Subsection H, shall be erected, reconstructed, relocated, enlarged or changed in nature, purpose or type prior to issuance of a sign zoning permit by the Zoning Officer and construction permits, if necessary, by the Department of Licenses and Inspections. For issuance of a sign zoning permit, a sign must be in conformance with the provisions of this section and with § 425-308 or have been approved by the Planning Board or Zoning Board of Adjustment. (For a sign not in conformance with the provisions of this section and with § 425-308, copies of the application for a sign zoning permit, which shall be considered an application for minor site plan and variance approval, shall be submitted to the Board having jurisdiction. More explicitly, for a sign not in conformance with the provisions of this section and with § 425-308 for a property with a single-family dwelling, duplex, farm or nonconforming use or for a property which is subject to a use variance, application shall be made to the Zoning Board of Adjustment. For a sign not in conformance with the provisions of this section and with § 425-308 for a property without a single-family dwelling, duplex, farm or nonconforming use or for a property which is not subject to a use variance, application shall be made to the Planning Board.) An application to the Zoning Officer for a sign zoning permit shall include the following:
(1) 
The applicant's name, address and telephone number.
(2) 
The property owner's name, address and telephone number.
(3) 
The authorization by property owner to erect the sign if the applicant is not the property owner.
(4) 
The name, address and telephone number of the sign company which will erect the sign.
(5) 
The block and lot numbers of the property upon which the sign will be erected.
(6) 
A plot plan of any property on which a freestanding sign is to be placed, giving the dimensions of the property and the location of all buildings, sidewalks, driveways, drive aisles and parking stalls, showing the exact location of the proposed sign and all existing signs, referencing distances to property lines, in sufficient detail to illustrate conformity to this chapter.
(7) 
An elevation view of any building on which a wall sign is to be attached or painted, showing the dimensions of the building facade and the dimensions of the proposed sign and all existing signs in sufficient detail to illustrate conformity to this chapter.
(8) 
A copy of the plans and specifications of the sign, showing the size (sign face area, sign height and sign clearance) and the method of construction, illumination and support, in sufficient detail to illustrate conformity to this chapter.
(9) 
Calculation of the total amount of sign area, by type, presently existing on the property.
H. 
Signs or activities not requiring a sign zoning permit. The following signs or activities, while regulated by this chapter, shall not require a sign zoning permit:
(1) 
Banners and nongovernmental flags erected by the Vineland Downtown Improvement District within the Vineland Downtown Improvement District area.
(2) 
Building markers.
(3) 
Construction signs (maximum sign face area: four square feet for properties within residential zones and 32 square feet for properties within business or industrial zones; maximum number of signs: one per company or firm per street frontage).
(4) 
Directory signs (maximum sign face area: four square feet; maximum number of signs: one per building entrance).
(5) 
Holiday decorations.
(6) 
Identification signs (maximum sign face area: two square feet; maximum number of signs: one per street frontage).
(7) 
Incidental signs (maximum sign face area: two square feet; no maximum number of signs).
(8) 
On-site real estate signs.
[Amended 12-23-2008 by Ord. No. 2008-87]
(a) 
"For sale" signs. The maximum sign face area is four square feet for properties within residential zones and 32 square feet for properties within business or industrial zones. The maximum number of signs: one per street frontage.
(b) 
"Open house" signs are permitted in addition to "for sale" signs within residential zones. The maximum sign face area is four square feet. The maximum number of signs: one per street frontage. The maximum display time: three days per open house.
(c) 
For purposes of this section, "open house" shall be defined as a maximum of two consecutive days for which a property within a residential zone is advertised to be opened to the general public without appointments. The sellers or their representatives shall be on-site and available to permit entry to the premises for the purpose of showing the property to prospective purchasers.
(9) 
Political signs (maximum sign face area: four square feet for properties within residential zones and 32 square feet for properties within business or industrial zones; maximum number of signs: one per candidate or issue per street frontage).
(10) 
Private sale or event signs (maximum sign face area: four square feet for properties within residential zones and 32 square feet for properties within business or industrial zones; maximum number of signs: one per street frontage).
(11) 
Public signs (exempt from regulations of this section).
(12) 
Trespassing notices (maximum sign face area: two square feet; no maximum number of signs).
(13) 
Changing the copy of an approved changeable copy sign.
(14) 
Cleaning or repainting an existing sign.
(15) 
Repairing an existing sign, provided that no structural change is made.
I. 
Sign standards. The following standards, in addition to those in § 425-308, shall be applicable to all signs regulated by this chapter, including signs not requiring a sign zoning permit.
(1) 
Sign face area shall be subject to the following provisions:
(a) 
Sign face area shall be computed by dimensioning the area enclosed by one rectangle, the sides of which touch the extreme points or edges of the sign, not including the supporting structure, unless such structure is made a part of the sign's message.
(b) 
Sign face area of a sign composed of characters or words which are attached directly to the surface of a building or structure in such a manner that the wall of the building or structure forms the background surface of the sign shall be computed by dimensioning the area enclosed by one rectangle which encloses the characters or words. In the event that the wall of the building or structure, or portion thereof, is painted or altered in some manner to create a defined background for the characters or words, the painted or altered area shall be considered part of the sign.
(c) 
For double-faced signs, where two identical sign faces are placed back to back so that both faces cannot be viewed from any point at the same time and so that the two identical sign faces are part of the same sign structure, sign face area shall be computed by dimensioning one of the sign faces.
(d) 
Properties fronting on two or more streets are allowed the permitted sign face area for each street frontage if the permitted sign face area for each street frontage is oriented toward the traffic on each street, unless otherwise limited by the permitted number of signs. For purposes of this chapter, a limited access highway such as Route 55 shall not be considered a street frontage.
(e) 
Sign face area for wall signs that are oriented toward a particular street may not exceed the total sign face area derived from the wall area fronting on said street. Signage cannot be accumulated and used on one street in excess of that allowed for lots with only one street frontage.
(f) 
In instances where a multitenant building is not oriented toward a street frontage, meaning the intended front facade is oriented toward a side or rear yard, wall signs may be placed upon said intended front facade. The standards applicable to wall signs placed upon the side of the building oriented toward a street frontage shall be utilized.
(2) 
Sign height, which relates only to a sign not fastened parallel to or painted on or confined within the wall of a building, shall be subject to the following provision:
(a) 
Sign height shall be computed as the distance from the base of a sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lowest of either the existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding or excavation solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed assuming that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point in the crown of the adjoining public street or the grade of the land at the principal entrance to the principal structure on the property, whichever is lower.
(3) 
Sign clearance, which relates only to a sign not fastened parallel to or painted on or confined within the wall of a building, shall be subject to the following provisions:
(a) 
Signs over sidewalks, driveways, drive aisles and parking stalls shall have a minimum clearance of nine feet.
(b) 
There shall be no obstruction within 10 feet of any public right-of-way between the height of two feet and 10 feet to ensure adequate sight lines for driveways and intersections.
(c) 
There shall be no obstruction within 10 feet of any intersection of driveways or drive aisles, as measured from the edges of said driveways or drive aisles, between the height of two feet and 10 feet to ensure adequate sight lines.
(4) 
Number of signs shall be subject to the following provisions:
(a) 
A singular property may have wall, freestanding and temporary signs, or any combination thereof, if permitted by § 425-308.
(b) 
Properties fronting on two or more streets are allowed the permitted number of signs for each street frontage if the permitted number of signs for each street frontage is oriented toward the traffic on each street. Signage cannot be accumulated and used on one street in excess of that allowed for lots with only one street frontage. For purposes of this chapter, a limited access highway such as Route 55 shall not be considered a street frontage.
(c) 
Sites developed as a singular entity, even when comprised of multiple lots, shall be regulated as a singular property for purposes of this chapter.
(5) 
Illumination shall be subject to the following provisions:
(a) 
No direct light or significant glare from any sign shall be cast on any public street, road or sidewalk or adjoining property.
(b) 
A sign may be lighted either internally or externally.
J. 
Construction and installation. Construction and installation of signs shall conform to the provisions of the New Jersey Uniform Construction Code. No sign shall be erected prior to issuance of required permits.
K. 
Maintenance. All signs shall be maintained in good structural condition, in compliance with the New Jersey Uniform Construction Code and in conformance with the ordinance under which they were approved.
L. 
Signs of special concern. Temporary signs and political signs are of special concern, thereby requiring additional regulatory controls.
(1) 
Temporary signs shall be subject to the following provisions:
(a) 
The message carried on a temporary sign shall pertain to and be limited to the business conducted on the premises.
(b) 
A property shall only display a single temporary sign at any one time.
(c) 
A property shall be limited to 60 days per calendar year for a temporary sign, irrespective of the number of businesses or tenants located on the property.
(d) 
It shall be the responsibility of the owner of a property with multiple tenants to determine which tenant or tenants may utilize temporary signs and for what duration.
(2) 
Political signs shall be subject to the following provisions:
(a) 
No political sign shall have a sign face area greater than four square feet for a property within a residential zone or 32 square feet for a property within a business or industrial zone.
(b) 
The maximum number of political signs per property shall be one per candidate or issue per street frontage.
(c) 
The sum of $100 shall be deposited by an authorized agent for each 100 political signs to be posted, or fraction thereof, with the Zoning Officer as surety to guarantee removal within 20 days following the respective election.
(d) 
No political sign shall be erected and maintained for a period longer than 60 days.
M. 
Enforcement. Any sign, with the exception of a nonconforming sign, erected or installed without a sign zoning permit or in violation of an approved sign permit or in violation of this chapter shall be subject to enforcement by the Zoning Officer and fines of $10 per day for each day of violation.
All required improvements shall comply with the construction standards as provided herein pertaining to:
A. 
Drainage (inlets).[1]
[1]
Editor's Note: Diagrams of drainage standard construction details for inlets are located at the end of this chapter.
B. 
Drainage (manholes).[2]
[2]
Editor's Note: Diagrams of drainage standard construction details for manholes are located at the end of this chapter.
C. 
Street improvements.[3]
[3]
Editor's Notes: Diagrams of street improvement standard construction details are located at the end of this chapter.
D. 
Street construction.[4]
[4]
Editor's Note: Diagrams of street construction standard construction details are located at the end of this chapter.
E. 
Water, sewer.[5]
[Amended 11-22-1994 by Ord. No. 94-88]
[5]
Editor's Note: Diagrams of water, sewer standard construction details are located at the end of this chapter.
F. 
Driveways.[6]
[Added 11-22-1994 by Ord. No. 94-88]
[6]
Editor's Note: Diagrams of driveway standard construction details are located at the end of this chapter.
G. 
Soil erosion and sediment control.[7]
[7]
Editor's Note: Diagrams of soil erosion and sediment control standards are located at the end of this chapter.
H. 
Tree planting, soil erosion and stream channels.[8]
[8]
Editor's Note: Diagrams of tree planting, soil erosion and stream channel standards are located at the end of this chapter.
A. 
The contents of a traffic impact statement shall pertain to the particular site under study and shall:
(1) 
Provide findings which represent the prevailing traffic conditions and roadway capacities by the use of studies which reveal the annual average daily traffic counts, the peak hour counts, the turning movements and the directional flow of traffic at intersections, the traffic accident records and the classification counts of vehicles segregated by type, size and weight.
(2) 
Provide a description of the proposed development and the surrounding land uses.
(3) 
Provide an assessment of the probable impact the completed development will have upon prevailing traffic conditions and anticipated future conditions.
(4) 
Provide an analysis of the probable impact on traffic flows which may occur during the construction period.
(5) 
Describe steps proposed by the developer to minimize any adverse impacts during construction and after completion of the project.
(6) 
Provide any other data which may be needed to evaluate the effect the development will have on existing traffic conditions.
B. 
The Planning Board shall emphasize safety features under consideration.
A. 
The contents of an environmental impact statement shall pertain to the particular site under study and shall:
(1) 
Provide an inventory of the existing environmental conditions at the site and the surrounding areas, which includes air and water quality, water supply, hydrology, geology, soil, topography, vegetation, wildlife, aquatic organisms, pollution sources, ecology, demography, land uses, aesthetics, history and archaeology.
(2) 
Provide a description of the proposed development.
(3) 
Provide a list of all licenses, permits and approvals required by law from other agencies.
(4) 
Provide an assessment of the probable impact of the proposed development upon all the inventory items.
(5) 
Provide a list of all the adverse environmental impacts which cannot be avoided.
(6) 
Describe the steps proposed by the developer to minimize the adverse impacts during and after construction.
(7) 
What alternatives exist to the proposed development.
(8) 
Such other information necessary to evaluate the impact of the development upon the environment.
B. 
The environmental resource inventory prepared by the Environmental Commission shall serve as a critical area evaluation and shall aid the Planning Board in establishing the suitability of the specific areas for specific uses. The protection of shade trees shall be given particular attention.
[Added 10-8-1996 by Ord. No. 96-82; amended 9-11-2001 by Ord. No. 2001-67; 11-22-2005 by Ord. No. 2005-89; 10-27-2009 by Ord. No. 2009-65]
A. 
Facilities for recreational activities shall be provided as part of all planned developments.
B. 
Exemptions.
(1) 
Planned developments resulting in four or fewer new dwelling units shall be exempt from this provision.
(2) 
Any lot upon which only recreational facilities are located shall not be required to meet the minimum lot size set by each zoning district, nor shall such a lot be counted in determining application or other fees under § 425-5.
C. 
Facilities required.
(1) 
The type and size of facility required shall vary with the number of new dwelling units within the proposed planned development, according to the following table:
Total New Lots Range:
Number of Facilities
Start
End
Gathering Places
Small Field
Hard Courts
5
14
1
0
0
15
25
1
1
0
26
50
1
0
1
51
100
2
1
1
101
150
2
2
2
151
200
3
3
3
201
250
4
4
3
(2) 
For planned developments in excess of 250 dwelling units, one additional gathering place and one additional small field shall be added for each increment of 50 additional dwelling units, and one additional hard court shall be added for each increment of 75 additional dwelling units in excess of 250 dwelling units.
(3) 
The land area to be included within the recreation area/lot shall be sufficient in size and character (upland, adequate frontage) to contain the improvements required and provide sufficient additional lands for access, pedestrian circulation between and among facilities and for maintenance needs. The minimum land area of any recreation area/lot shall be 5,000 square feet in area and shall include at least 40 feet of frontage upon an improved street.
D. 
Definitions and design requirements.
(1) 
Definitions. As used in this section, the following terms shall have the meanings indicated:
GATHERING PLACES
Such facilities as tot lots, picnic groves with tables, gazebos with sitting areas, and similar facilities. Each such facility shall be of sufficient size to accommodate the function intended for the space and include at least 2,500 square feet of improved area.
HARD COURT
Such facilities as basketball, tennis, handball, shuffleboard and similar facilities. Each such facility shall be of sufficient size to accommodate the function intended for the space and include at least 6,000 square feet of improved area.
IMPROVED AREA
The actual area of any courts or fields, whether paved or grassed. For gathering areas, the "improved area" shall include those lands upon which the required apparatus is situated (picnic tables, playground equipment) and a generally rectangular grassed area to a maximum distance of 10 feet from any single piece of equipment.
SMALL FIELD SPORTS
Such facilities as badminton, tetherball, horseshoes, volleyball, and similar facilities. Each such facility shall be of sufficient size to accommodate the function intended for the space and include at least 1,500 square feet of improved area.
(2) 
All facilities shall be designed in accordance with Architectural Graphic Standards, Ninth Edition (John Wiley & Sons, 1994), or standards published by the governing bodies for particular sports and activities or such equivalent standard as may be accepted by the Planning Board.
(3) 
The applicant is encouraged to propose an appropriate mix of types of recreational opportunities based upon the required number of facilities within each category. The applicant should base their recommendations upon the reasonably anticipated demographic composition of the new community. The Planning Board shall review and approve the suitability of the proposed facilities, the adequacy of the land area proposed to accommodate those facilities and the location of the recreational area/lot within the new community.
E. 
Maintenance.
(1) 
The applicant shall provide for the long-term maintenance of the facilities required by this chapter in a manner consistent with the Municipal Land Use Law.[1] A homeowners' or condominium association shall be accepted by the Planning Board as meeting this requirement.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
(2) 
The improvements required under this chapter shall be treated as site improvements under § 425-52.
F. 
Payments in lieu.
(1) 
The applicant may propose to substitute a payment dedicated to the provision of recreational opportunities to the City or an established nonprofit organization established to meet the recreational needs of the City's residents in the place of on-site facilities.
(2) 
The City Engineer shall prepare an estimate of the costs of typical facilities required under this chapter to include construction costs and the value of the land. The City Engineer shall forward a copy of his or her estimates to the Planning Board and shall provide such estimates to the public upon request. The City Engineer shall update the estimate periodically, as construction techniques and costs may change over time.
(3) 
In determining whether to accept such a payment, the Planning Board shall review the availability of alternative recreational facilities for the residents of the proposed subdivision and the use to which such a payment may be put for the benefits of those residents and the City at large.
(4) 
The requirement of a payment-in-lieu shall be established as a condition of approval for a development. Payment shall be made prior to recording of said development, or prior to release for issuance of permits. If a project is phased, payments would likewise be phased. The amount shall be based upon the established fee at the time of payment, not the date of approval.
G. 
Referral to the Recreation Commission.
(1) 
The Planning Board shall forward one copy of any design of recreational facilities or requests for payments in lieu to the Recreation Commission. The Recreation Commission may provide comment to the Planning Board through the Superintendent of Recreation or such designee as may be provided for by the Recreation Commission.
(2) 
Failure to provide such a copy to the Recreation Commission or failure to provide a timely commentary shall not affect the timely processing of any application before the Planning Board within the time constraints of the Municipal Land Use Law.[2]
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]
A. 
Statement of purpose. The stream corridors of the City consist of rivers, streams, ponds, lakes, together with adjacent upland areas, including the floodplain and areas that support protective bands of vegetation that line the waters' edge. The maintenance of a stream buffer as part of the corridor of a surface water body is needed to maintain water quality and to protect the stream environment from adverse development impacts. The purpose of these stream corridor regulations is to provide design standards that will:
(1) 
Improve the management, care and conservation of the water resources of the City of Vineland.
(2) 
Protect significant ecological components of stream corridors such as floodplains, woodlands, steep slopes and wildlife and plant life habitats within the stream corridors of the watershed and prevent flood-related damage to the communities of the watershed.
(3) 
Complement existing state, regional, county and municipal stream corridor and flood hazard protection and management regulations and initiatives.
(4) 
Coordinate the regulation of development within stream corridors in a manner complementary and consistent with the City's other regulatory approaches regarding environmentally sensitive areas, including the City's Flood Hazard Overlay Zone.
(5) 
Reduce the amount of nutrients, sediment, organic matter, pesticides and other harmful substances that reach watercourses and subsurface and surface water bodies by using scientifically proven processes, including filtration, deposition, absorption, adsorption, plant uptake, biodegradation, denitrification, and by improving infiltration, encouraging sheet flow, and stabilizing concentrated flows.
(6) 
Regulate the land use, siting and engineering of all development to be consistent with the intent and objectives of this chapter and accepted conservation practices.
(7) 
Conserve natural, scenic and recreation areas within and adjacent to streams and water bodies. Support the water resource policies of the New Jersey State Development and Redevelopment Plan.
(8) 
Advance the purposes of the New Jersey Municipal Land Use Law with particular regard to those purposes set forth pursuant to N.J.S.A. 40:55D-2a, b, d, i, and j.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
STREAM
Any pond or lake or perennial or intermittent waterway depicted on the most recent United States Geological Survey 7.5-minute topographic map quadrangles and/or the Cumberland County Soils Report prepared by the U.S. Soil Conservation Service.
STREAM CORRIDOR
The stream channel (the bed and banks of a stream that confine and conduct continuously or intermittently flowing water or the bed and banks of a pond or lake), the area within the one-hundred-year flood line, and the stream corridor buffer. Where no one-hundred-year flood line has been delineated, the stream corridor shall consist of the stream channel and stream corridor buffer area.
STREAM CORRIDOR BUFFER
An area extending a minimum of 75 feet and an average distance of 100 feet from the one-hundred-year flood line or from the boundary of the Flood Hazard Overlay Zone unless a greater distance is required for the specific stream by City regulation. If there is no one-hundred-year flood line delineated, the distance shall be measured outward from the bank of the stream channel, lake or pond. If slopes greater than 10% or wetlands or wetland transition areas abut the outer boundary of the stream corridor, the area of such slopes, wetlands and wetland transition areas shall also be included within the boundaries of the stream corridor buffer area.
C. 
Applicability.
(1) 
All tracts that are the subject of an application for subdivision, site plan, conditional use, or variance approval that fall, in whole or in part, within a stream corridor buffer or the Flood Hazard Overlay District shall be subject to the standards set forth in this section.
(2) 
Review of any land disturbance in a stream corridor or stream corridor buffer or the Flood Hazard Overlay Zone shall be undertaken as part of the application review by the Planning Board.
(3) 
The stream corridor buffer shall be increased to a minimum distance of 200 feet and an average distance of 250 feet for the following:
(a) 
Blackwater Branch, from East Avenue eastward to the City limit.
(b) 
Maurice River, main stem, from its confluence with the Blackwater Branch north to the City limit.
(c) 
Menantico Creek, main stem.
D. 
Stream corridor standards.
(1) 
Permitted activities. Stream corridors and stream corridor buffers shall remain in their natural state, with no clearing or cutting of trees and brush (except for removal of dead vegetation and pruning for reasons of public safety), altering of watercourses, regrading or construction, except for the following activities:
(a) 
Wildlife sanctuaries, woodland preserves, and arboretums, but excluding enclosed structures.
(b) 
Game farms, fish hatcheries, and fishing reserves, operated for the protection and propagation of wildlife, but excluding enclosed structures.
(c) 
Hiking, bicycle, and bridle trails, including bridges or other structures appurtenant thereto constructed.
(d) 
Trails or pathways, including bridges or other structures appurtenant thereto constructed and/or maintained by or under the authority of the City for the purpose of providing access to public recreation areas.
(e) 
Fishing areas.
(f) 
Cultivation of the soil for agricultural or horticultural production, pasture, and similar agricultural uses, undertaken in accordance with agricultural best management practices to reduce or prevent nonpoint-source pollution.
(2) 
Location of activities on tracts partially within stream corridors.
(a) 
All new lots in major and minor subdivisions and site plans shall be designed to provide sufficient areas outside of stream corridors and stream corridor buffers for the placement of principal buildings and uses as well as any permitted accessory uses.
(b) 
The Planning Board may allow an average stream corridor buffer width of 100 feet from the one-hundred-year flood line, thus allowing reasonable flexibility to accommodate site planning when necessitated by the size and shape of the tract and physical conditions thereon. The stream corridor width may be reduced to a minimum of 75 feet from the one-hundred-year flood line, provided there is an equivalent increase in the width elsewhere on site and that all relevant permits (e.g., stream encroachment, freshwater wetlands) are obtained.
(3) 
Activities in stream corridors and stream corridor buffers when there is no reasonable or prudent alternative. The Planning Board may permit the following in a stream corridor, if the Planning Board determines that there is no other reasonable or prudent alternative to placement in the stream corridor or stream corridor buffer.
(a) 
Recreational use, whether open to the public or restricted to private membership, such as parks, camps, picnic areas, golf courses, sports or boating clubs, not to include enclosed structures, but permitting piers, docks, floats or shelters usually found in developed outdoor recreational areas.
(b) 
Outlet installation for sewage treatment plants and sewage pumping stations and the expansion of existing sewage treatment facilities.
(c) 
Private or public water supply wells that have a sanitary seal, floodproofed water treatment facilities, or pumping facilities.
(d) 
Dredging or grading when incidental to permitted structures or uses, including stream cleaning and stream rehabilitation work undertaken to improve hydraulics or to protect public health.
(e) 
Dams, culverts, bridges and roads, provided that they cross the corridor directly as practical.
(f) 
Sanitary or storm sewers.
(g) 
Utility transmission lines installed during periods of low stream flow in accordance with soil erosion and sediment control practices and approved by the State Soil Conservation District in a manner that will not impede flows or cause ponding of water.
(h) 
Stormwater management facilities such as detention basins and outfall facilities.
(4) 
Provisions governing activities in stream corridors and stream corridor buffers.
(a) 
The applicant for development of any activity in a stream corridor or stream corridor buffer shall rehabilitate any degraded areas within the stream corridor, in a manner acceptable to the Planning Board, unless the applicant demonstrates that it is economically infeasible to do so.
(b) 
The applicant shall also:
[1] 
Rehabilitate or cure the effects of the disturbance caused during construction;
[2] 
Maintain the integrity of the surrounding habitat; and
[3] 
Maintain the existing ability of the stream corridor to buffer the stream.
(c) 
The applicant shall provide whatever additional measures are necessary to ensure that areas designated as stream corridors and stream corridor buffers will be preserved and to prevent additional encroachments in the stream corridor likely to occur as a result of the approval granted.
(d) 
The Planning Board may require conservation easements or deed restrictions ensuring that there will be no further intrusion on the stream corridor than that permitted by the activity approved.
(5) 
Submission requirements. An applicant for an activity in a stream corridor or stream corridor buffer shall submit a map at a scale of not less than one inch equals 100 feet of the project site delineating the following, using the best available information:
(a) 
One-hundred-year flood line, which shall be the line formed by the area inundated by a one-hundred-year flood which is the flood estimated to have a one-percent chance of being equaled or exceeded in any one year;
(b) 
State wetland boundary lines;
(c) 
The stream corridor and stream corridor buffer boundary;
(d) 
Any steep slopes located within the site; and
(e) 
The location of all improvements and land disturbance proposed to be located within any of the above boundaries.
[Added 4-10-2007 by Ord. No. 2006-26; amended 6-24-2008 by Ord. No. 2008-39]
A. 
Statement of purpose.
(1) 
The City public water supply is derived exclusively from groundwater resources and public community wells. The Kirkwood-Cohansey formation is the main source of the City public water supply.
(2) 
The purpose of these design standards is to secure the public health, safety and welfare by protecting groundwater resources to ensure a supply of safe and healthful drinking water for the general public in Vineland.
(3) 
The lands surrounding the wellhead of each public community well in Vineland are areas through which contaminants may move in the ground to be withdrawn in water taken from the well. To reduce the risk of contamination to the City's water supply, the development of the lands around the wellhead must safeguard against accidental spills and discharges of toxic and hazardous materials that may threaten the quality of the City's groundwater supplies and related water sources. As a preventive measure, the proximity of such materials to sources of water supplies should be restricted and the potential for groundwater contamination should be reduced to prevent the migration of potential pollutants into the groundwater that is withdrawn from a public community well.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BEST MANAGEMENT PRACTICES (BMP)
Performance or design standards established to minimize the risk of contaminating groundwater or surface waters while managing the use, manufacture, handling or storage of hazardous substances or hazardous wastes.
CONTAMINATION
The presence of any harmful or deleterious substances in the water supply.
DISCHARGE
Any intentional or unintentional action or omission, unless pursuant to and in compliance with the conditions of a valid and effective federal or state permit, resulting in the releasing, spilling, pumping, pouring, emitting, emptying or dumping of a hazardous substance into the waters or lands of the state or into waters outside the jurisdiction of the state when damage may result to the lands, waters or natural resources within the jurisdiction of the state.
HAZARDOUS SUBSTANCE
A substance designated under 40 CFR 116 pursuant to Section 311 of the Federal Act; the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq.; or Section 4 of the State Act. Substances listed include petroleum, petroleum products, pesticides, solvents and other substances.
HAZARDOUS WASTE
Any solid waste that is defined or identified as a hazardous waste pursuant to the Solid Waste Management Act, N.J.S.A. 13:1E et seq., N.J.A.C. 7:26-8, or 40 CFR Part 261.
POLLUTED WATER
In the content of drinking water, water is polluted when a pollutant is present in excess of a maximum contaminant level or bacteriological limit established by law or regulation.
PUBLIC COMMUNITY WELL
A public water supply well which serves at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents.
WELLHEAD
The well bore hole and its attendant equipment.
WELLHEAD PROTECTION AREA
The area within the corporate boundaries of the City of Vineland and described in plan view around a well from which groundwater is reasonably likely to flow to the well and through which groundwater pollution, if it occurs, is reasonably likely to pose a significant threat to the water quality of a public community well. Wellhead protection areas consist of three tiers, corresponding to areas on average from which groundwater flows to a well in two years (Tier 1); five years (Tier 2); and 12 years (Tier 3). These areas are delineated by the New Jersey Geological Survey of the New Jersey Department of Environmental Protection (NJDEP). The location of the existing wellhead protection areas in the City of Vineland are mapped on Map CO-1. Conservation Plan, in the conservation plan element of the City Master Plan adopted by the City Planning Board. For any planned location of a new public community well for which the NJDEP has not delineated the wellhead protection area, the wellhead protection area shall be the area within a radius of 2,000 feet from the location of the proposed wellhead.
C. 
Applicability. Any tract of land that is the subject of an application for subdivision, site plan, conditional use, or use variance approval, and which is located in a wellhead protection area, shall be subject to the standards and limitations set forth for wellhead protection.
D. 
Prohibited activities. The following activities shall not be allowed within a wellhead protection area:
(1) 
Permanent storage or disposal of hazardous wastes, industrial or municipal sludge or radioactive materials, including solid waste landfills.
(2) 
Collection and transfer facilities for hazardous wastes, solid wastes that contain hazardous materials, and radioactive materials.
(3) 
Any activity requiring the underground storage of hazardous substances or waste in excess of an aggregate of 300 gallons.
E. 
Permitted activities. The following activities, involved, conducted or proposed as part of an otherwise permitted use or accessory use in the zone, shall be allowed in a wellhead protection area only upon the finding as part of any required site plan, subdivision, conditional use or variance approval that best management practices, or other procedures or measures, as set forth below in Subsection H, are in place such that a minimal threat is posed by the activity to groundwater quality in the wellhead protection area in which the activity is to be conducted:
(1) 
On-site storage (above or below ground), use or disposal of hazardous substances or waste in excess of an aggregate of 50 gallons or 100 pounds.
(2) 
Auto body and auto repair activities.
(3) 
New and used truck and auto repair activities.
(4) 
Contractor yards.
(5) 
Commercial car washes.
F. 
Exempted activities. The following activities are exempted from the requirements of Subsection D, Prohibited activities, and Subsection E, Permitted activities.
(1) 
Retail sales establishments that store and handle hazardous substances in their original unopened containers.
(2) 
Police, fire and emergency medical service facilities.
(3) 
Municipal, county and state government facilities.
(4) 
The use of any hazardous substance solely as fuel in a vehicle fuel tank or as a lubricant in a vehicle.
(5) 
The transportation of a hazardous substance or waste through the wellhead protection area, provided that the transporting vehicle is in transit and meets all state and federal requirements for the transportation of such materials.
(6) 
The use or presence of small quantities of hazardous substances on residential property that are appropriate to normal residential use.
G. 
Environmental impact statement (EIS) requirement. All activities regulated pursuant to Subsection D, Prohibited activities, and Subsection E, Permitted activities, seeking development approval within a wellhead protection area, shall submit an environmental impact statement demonstrating to the satisfaction of the City Planning Board that the proposed use and/or activity employs, to the maximum extent practicable, best management practices, as set forth in Subsection H below, to protect groundwater quality and minimize the risk of potential groundwater contamination.
H. 
Best management practices requirement. All site plan and major subdivision applications shall demonstrate to the satisfaction of the Planning Board that the proposed development is planned and designed to the maximum extent practicable for best management practices for the protection of groundwater quality and minimization of the risk of potential groundwater contamination.
(1) 
All portions or areas of a facility in which hazardous substances or hazardous wastes are stored, processed, manufactured or transferred outdoors shall be designed so that the discharges of hazardous substances will be prevented from overflowing, draining or leaching into the groundwater or surface waters.
(2) 
Outdoor storage, dispensing, loading, manufacturing or processing areas of hazardous substances or hazardous wastes must be protected from precipitation, stormwater flows or flooding.
(3) 
Wherever hazardous substances are stored, processed, manufactured or transferred outdoors, the design features shall include secondary containment and/or diversionary structures, which may include but not be limited to:
(a) 
Containers, dikes, berms or retaining walls sufficiently impermeable to contain spilled hazardous substances for the duration of a spill event.
(b) 
Curbing.
(c) 
Gutter, culverts and other drainage systems.
(d) 
Weirs, booms and other barriers.
(e) 
Lined diversion ponds, lined lagoons and lined retention basins, holding tanks, sumps, slop tanks and other collecting systems.
(f) 
Drip pans.
(4) 
Secondary containment and/or diversionary systems, structure or equipment must meet the following standards:
(a) 
The system must block all routes by which spilled hazardous substances could be expected to flow, migrate or escape into the groundwater or surface waters.
(b) 
The system must have sufficient capacity to contain or divert the largest probable single discharge that could occur within the containment area plus an additional capacity to compensate for any anticipated normal accumulation of rainwater.
(c) 
In order to prevent the discharge of hazardous substances into groundwater, all components of the system shall be made of or lined with impermeable materials sufficient to contain the substance for the duration of a spill event. Such material or liner must be maintained in an impermeable condition.
(d) 
No manufacturing area, processing area, transfer area, dike storage area, or other storage area, or secondary containment/diversion system appurtenant thereto, shall drain into a watercourse or into a ditch, sewer, pipe or storm drain that leads directly or indirectly into a surface or subsurface disposal area unless provision has been made to intercept and treat any spilled hazardous substances in an NJDEP-approved industrial wastewater treatment or pretreatment facility, or other NJDEP-approved facility.
(e) 
Catchment basins, lagoons and other containment areas that may contain hazardous substances should not be located in a manner that would subject them to flooding by natural waterways.
(5) 
Storage of hazardous materials shall, except as otherwise regulated by state or federal regulation, allow access for physical inspection and monitoring and shall utilize the best available technology to provide for automatic and immediate alarm or detection of releases.
(6) 
Users of hazardous materials shall have a plan to detect and control hazardous material leaks and spills, including but not limited to inspections, notification procedures, and emergency containment and cleanup procedure.
[Added 4-10-2007 by Ord. No. 2006-26; amended 6-24-2008 by Ord. No. 2008-39]
A. 
Statement of purpose.
(1) 
Forests and trees are important to the City's identity and environmental health. Vineland's forests are an important part of the City's natural landscape and habitats and protect water and air quality, control flooding, and reduce stormwater runoff and erosion. Forests absorb carbon dioxide and release oxygen into the atmosphere. Forests reduce greenhouse gas emissions, especially carbon dioxide, and they help control global warming.
(2) 
The planting, maintenance and protection of trees benefits the City's environment. Planting or preserving trees can reduce energy demand in buildings and heating and cooling costs, and trees are beneficial for stormwater management, for controlling erosion, and for masking urban noise. Trees can mitigate the adverse impacts of the urban heat island effect. When planted in parking lots and streets, trees are effective in cooling and beautifying the urban and the suburban environment.
(3) 
The clear cutting of forests and the removal of trees to prepare a development site has substantially adverse environmental impacts including increased drainage control costs, increased soil erosion, increased buildup of atmospheric carbon, and increased dust.
(4) 
The purpose of these standards is to regulate and control indiscriminate and excessive cutting of trees and forests and preserve the maximum possible number of trees and forest area in the course of development of a site; to protect larger, older specimens of trees; and to provide a plan for replacement of trees.
B. 
Applicability.
(1) 
The standards set forth in this section shall apply to all applications for subdivision, site plan, conditional use, or use variance approval for sites greater than one acre in area and that have forest covering more than one acre in area. An area or stand of trees shall be considered as forest or forest acreage where 20% or more of the trees covering an area greater than 1/4 acre have a diameter breast height (DBH) of six inches or greater or where there are one or more groves of mature trees, without regard to the minimum DBH, consisting of a substantial number of individual specimens. The DBH shall be measured from four feet above grade.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
The goal of these requirements is to retain rather than replace forest acreage.
(3) 
In the following zone districts, developments that result in the removal of more than 65% of the forest acreage within the development shall mitigate for the loss of forest and provide for the replacement of trees as set forth by these design standards: Zones R-B-1, R-B-2, R-P, I-1, I-B, I-2, I-3, I-4, B-1, B-2, B-3, B-4, MHP, IN-1, IN-2, MF, and P. In all other zone districts, any development which results in the removal of more than 30% of the forest acreage within the development shall mitigate for the loss of forest and provide for the replacement of trees as set forth by these design standards.
(4) 
No development shall cut or remove, or cause to be cut or removed, any tree with a diameter breast height (DBH) of six inches or greater, unless the cutting or removal is accomplished in accordance with a site plan or subdivision approved in accordance with the provisions of this section. No tree with a DBH of six inches or greater shall be cut or otherwise removed from any lands that are subject to a tree replacement plan except in accordance with a tree replacement plan approved as part of the subdivision or site plan application.
(5) 
All development design shall be arranged with particular attention to conserve any significant trees, which are defined to be the largest known individual trees of each species in New Jersey listed by the New Jersey Department of Environmental Protection, Bureau of Forestry; and/or large trees approaching the diameter of the known largest tree; and/or species that are rare to the area and/or have particular horticultural or landscape value.
C. 
Replacement plan. An application for major subdivision or site plan approval shall include a forest retention and tree save and replacement plan. The plan shall be certified by a New Jersey approved forester, a New Jersey certified landscape architect, or a New Jersey certified tree expert. The forest retention and tree save and replacement plan shall include the following:
(1) 
A tree save plan and inventory, on the scale otherwise set forth in this chapter or of one inch equals 50 feet or less, showing the location of existing forest areas and clearly marked boundaries of the plots, used to determine the average forest acreage for the site. For each plot there shall be a list identifying the number and species of trees inventoried. The site plan shall include the lot and block numbers, the street address, if assigned, and a certification of compliance with the requirements of this section.
(2) 
The location of any areas on the site that were previously forest but which were cleared within 24 months prior to the filing of the application for development shall be shown. Such areas may be included by the Planning Board for the purpose of determining the total number of forest acres on the tract and the number of trees that are subject to tree replacement
(3) 
The location of streams and watercourses.
(4) 
The locations of slopes of greater than 10% where any tree removal is proposed.
(5) 
The location(s) on the tract where tree removal is to take place.
(6) 
The total acreage of the tract.
(7) 
The total number of forest acres within the tract.
(8) 
The total number of forest acres allowed to be removed without subjecting the development to the requirements for tree replacement.
(9) 
The total number of forest acres proposed to be removed.
(10) 
The total number, by species, of existing trees with a DBH of six inches or greater on the tract. For tracts greater than two acres in size, the applicant may estimate the total number of trees by multiplying the total number of forest acres permitted for development by the number of trees on an average forest acre for the site.
(11) 
The total number, by species, of trees with a DBH of six inches or greater which are to be removed. For tracts greater than two acres in size, the applicant may make an estimate of the total quantity of trees to be removed, by species, based upon the average forest acre for the site.
(12) 
Notwithstanding permitted estimates of the quantity of trees to be removed, all trees with a DBH of 16 inches or greater shall be specifically identified by location, species and common name. All efforts shall be made to preserve such trees, including, if necessary, relocation of infrastructure, roadways and buildings. Removal of any tree within this category shall require specific approval, and any such trees approved for removal shall be listed individually on the approved plan.
(13) 
A specific plan for replacement of removed trees in accordance with the requirements of this section.
(14) 
A City-approved method of disposal of removed trees, topping and slash. No burning or burying of trees or parts of trees is permitted. All disposal methods must comply with the requirements of the City Code.
D. 
All specific plans for replacement of removed trees shall be based upon the following formulas:
(1) 
For trees with a DBH equal to or greater than six inches and less than 16 inches, replacement shall be based upon the percentage of the trees removed as set forth in Table A below:
Table A
Replacement of Trees with DBH Equal To or Greater Than 6 Inches and Less Than 16 Inches
Percentage of Trees Removed from Forest Acres
Percentage of Removed Trees to be Replaced
(using trees with a minimum DBH of 2 1/2 inches)
60 to 100%
50%
40 to 59%
40%
20 to 39%
20%
Less than 20%
10%
(2) 
Any trees with a DBH equal to or greater than six inches and less than 16 inches left standing in areas designated for removal or trees planted in compliance with other requirements of the development regulations shall be credited against the total replacement count on a one-for-one basis. For trees with a DBH of 16 inches or greater, replacement shall be in accordance with Table B below. The species or type of replacement trees shall be selected from a list to be provided by the Environmental Commission or shall be the same as the species removed from the tract under consideration.
(3) 
For trees with a DBH equal to or greater than 16 inches, the removed tree shall be replaced according to Table B below:
Table B
Replacement of Trees with DBH Equal To or Greater Than 16 Inches
Existing Tree To be Removed
(inches)
Number of Replacement Trees
(minimum DBH of 2 1/2 inches)
Less than 18
3
Less than 21
4
Less than 24
5
Less than 27
6
Less than 29
7
Less than 31
8
(4) 
The species or type of replacement trees shall be selected from a list maintained by the Environmental Commission or shall be the same as the species removed from the tract under consideration.
E. 
In lieu of planting of the replacement trees on site, the applicant may request or may be required to contribute an amount equal to twice the current value of each unplanted tree to a fund established by the City for environmental programs such as tree planting, tree maintenance, tree preservation, park development or landscaping and other comparable projects as recommended by the Environmental Commission. The applicant may apply this option to up to 50% of the required number of replacement trees; all requests to make contributions in lieu of planting replacement trees in excess of 50% of the required number of replacement trees must be approved by the Board.
F. 
Where an applicant claims that the cost of the required number of replacement trees, as determined by the formula in this section, would impose a development cost that exceeds 5% of the total bonded improvement cost on development of the site, the Board may, at its discretion, reduce the required number of replacement trees. In support of such a claim, the applicant shall submit written cost estimates from three sources for Board review. Replacement trees required in accordance with this section are specifically excluded from such estimates. Each estimate shall include the species, size, number and price of the replacement trees. No reduction in the required number of replacements trees shall exceed 1/2 of the original number of replacement trees required by the formula in this section. No reductions will be granted as to the number of replacement trees required by Table B.
G. 
Regulations pertaining to delineation of clearing limits.
(1) 
The clearing limits shown on the replacement plan shall be fully established prior to the cutting of permitted forest acreage and shall be defined by snow fencing firmly secured along the dripline but not less than six feet from the trunk of the remaining trees. In a like manner, specimen trees and isolated groupings of trees which are to remain on the site shall be clearly protected by snow fencing or an equally visible and protective device installed along the dripline of the tree(s) but not less than six feet from the tree trunk(s).
(2) 
The grade of the land located along the dripline shall not be raised or lowered more than six inches, unless compensated by welling or retaining wall methods, and in no event shall the welling or retaining wall methods be less than six feet from the trunk of the tree.
(3) 
No soil stockpiling, storage of building materials or equipment operation shall be permitted within the dripline or within six feet of any remaining trees, whichever is greater.
(4) 
Any clearing within the dripline or within six feet of the trunk of a remaining tree must be done by hand or with hand-operated equipment.
(5) 
Where clearing and/or construction on the site results in accidental removal or severe damage which will eventually result in death and removal of any tree delineated in the replacement plan as remaining on the site, such removed or damaged tree shall be replaced on a one-for-one basis (using trees with a minimum DBH of 2 1/2 inches) for accidentally removed or damaged trees which have a DBH from six inches to less than 16 inches. The species or type of replacement trees shall be selected from a list maintained by the Environmental Commission or shall be the same as the species removed from the tract under consideration.
H. 
Regulations pertaining to clear cutting. No clear cutting is permitted except in conjunction with subdivision or site plan approval in accordance with the provisions of this chapter.
(1) 
The Board may refer the application to the Environmental Commission for its report and recommendations. The Board may rely on the report and recommendations of the Environmental Commission in reaching its decision to approve the replacement plan, disapprove the replacement plan or subject the replacement plan to such conditions as have been recommended by the Environmental Commission in accordance with the provisions of this section.
(2) 
No approval shall be granted by the Board if the Board finds that the proposed removal or destruction is contrary to the best interest of the public health, safety or general welfare.
I. 
Change in tree save and replacement plan. Any substantial change in a tree save and replacement plan shall necessitate the submission of a revised plan to the Board for review and approval.
[Added 4-10-2007 by Ord. No. 2007-26; amended 6-24-2008 by Ord. No. 2008-39]
A. 
Purpose. Community design is the organization and coordination of the different elements of the City's built and natural environment to achieve a unified, functional, efficient and visually appealing physical setting. The design, orientation, form and relationship of buildings, landscaping, signage, lighting, streets, open spaces and parking to meet the public need for a well ordered community are basic considerations of community design. To direct community design, the City's development regulations include these design standards to maintain, establish or improve the visual qualities and amenities of the City and provide for orderly, safe, efficient and convenient design within the City. The purpose of the community design standards is to guide the appropriate use and development of lands in order to promote the public safety and general welfare; to encourage the location and design of transportation routes to promote the free flow of traffic; and to promote a desirable visual environment through good civic design and arrangement. These provisions for community design shall supplement and be applied in conjunction with other design standards and provisions of this chapter to guide the layout and design of development in the City.
B. 
Applicability. All tracts that are the subject of an application for subdivision, site plan, conditional use, or use variance approval shall be subject to the standards set forth in this section. The illustrations included with the community design standards are intended to further the understanding of the application and the purpose of the design standards. The illustrations, however, do not supersede the written text of these regulations.[1]
[1]
Editor's Note: The Community Design Standards Illustrations are included at the end of this chapter.
C. 
Building design and placement. The following requirements are for nonresidential and attached residential buildings.
(1) 
Front entrance.
(a) 
Buildings should orient towards the street with front entrances and windows facing the street. For commercial, industrial, mixed-use, public and institutional buildings, the front entrance is the main public entrance to the building. In the case where no public entrance exists, road connections shall be provided to the main employee entrance. For multifamily buildings in which each unit does not have its exterior entrance, the front entrance may be a lobby, courtyard or breezeway that serves as a common entrance for more than one dwelling. For detached residential buildings, the front entrance is the front door (i.e., facing the road).
(b) 
Nonresidential buildings shall have a front entrance for pedestrians from the street side of the building to the building interior. This entrance shall be designed to be attractive and functionally be a distinctive and prominent element of the architectural design. For buildings that are open to the public, this entrance shall be open to the public during business hours. Buildings shall incorporate lighting and changes in mass, surface or finish to give emphasis to their front entrances.
D. 
Drive-through facilities. Drive-through facilities shall only be located at the rear or side of a building and screened from view from any street or sidewalk. A drive-through shall be located and designed to meet the following requirements:
(1) 
The drive-through facility shall be screened to minimize visual and noise impacts to residences and to preclude visibility from any streets or sidewalks. The screen may be a masonry wall or landscape buffer or combination of wall and landscaping. The screen shall be at least one-foot higher than the facilities being screened.
(2) 
No portion of queuing or access lanes or driveways shall be located between the building elevation facing the street and the street or within 40 feet from the primary facade of the building.
(3) 
For corner lots, the drive-through shall be located on the side of the building that is furthest from the corner.
E. 
Fences, service and loading areas, and mechanical equipment.
(1) 
Front yard fencing. Chain link fencing is discouraged in any yard facing a street.
(2) 
Service and loading areas. Loading docks, truck parking, outdoor storage, utility meters, HVAC equipment, trash dumpsters, trash compaction, and other service functions shall be incorporated into the overall design of the primary building using screening walls of compatible material, style, color, texture, pattern, trim, details and landscaping. The wall shall be one foot higher than the largest object being screened, but not more than 10 feet high, on all sides where access is not needed. An opaque gate, with the same height as the wall, shall be included where access is needed. Enclosures should not be visible from any street or sidewalk. The maximum height in the screening requirement takes into account the height of a semi tractor-trailer. If such trucks will not be making deliveries or staging in this area, the recommendation for maximum height may be lowered to eight feet, at the discretion of the Planning Board.
(3) 
Mechanical equipment. Mechanical equipment at ground level shall be placed on the parking lot side of the building away from view from any streets and sidewalks and shall be screened from view by fencing, vegetation, or by being incorporated into a building utilizing the same materials as the principal building, i.e., stone, brick or stucco. The screening shall be at least equal to the width and height of the equipment to be screened from view.
F. 
Access. Adjacent shopping centers or office parks are often not directly connected. As a result, customers or clients who wish to shop in both centers or visit both sites must exit the parking lot of one, travel a short distance on a major thoroughfare, and then access the next site. A cross-access easement reduces traffic on the major thoroughfare and reduces safety hazards. This, in turn, can have positive business benefits by providing easy access to one site from another. The purpose of these access regulations is to promote shared access and cross-access arrangements for the convenient, orderly and safe movement of pedestrians and vehicles.
(1) 
Joint-use driveways and cross-access easements. A system of joint-use driveways and cross-access easements should be established wherever feasible, and the building site should incorporate the following:
(a) 
A continuous service drive or cross access extending the entire length of each parcel served, to provide for driveway separation. Along a state highway, the driveway separation shall be consistent with the state access management classification system and standards.
(b) 
Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross access via a service drive.
(c) 
A unified access and circulation system plan that includes coordinated or shared parking areas is encouraged wherever feasible.
(2) 
Access for outparcels and phased development plans. The design of good internal vehicle circulation in parking areas and on local streets reduces the number of driveways that businesses need for access to the major roadway. Requiring a unified access and circulation plan will ensure long-term coordination regardless of a change in owners and tenants. In the interest of promoting unified access and circulation systems, development sites under the same ownership or consolidated for the purposes of development and comprised of more than one building site should not be considered separate properties in relation to the access standards of this chapter. The number of connections permitted shall be the minimum number necessary to provide reasonable access to these properties, not the maximum permitted for that frontage. All necessary easements, agreements and stipulations required for joint-use driveways and cross-access easements shall be met. This shall also apply to phased development plans. All access to outparcels must be internalized using the shared circulation system of the principal development. Access to outparcels shall be designed to avoid excessive movement across parking aisles and queuing across surrounding parking and driving aisles.
G. 
Pedestrian access and circulation. To support multimodal transportation options, pedestrian access and circulation is as important as vehicle access and circulation. The basic pedestrian network is the sidewalk system along public and private roads. This section expands that network by establishing connections to pedestrian pathways that are internal to development projects. The purpose and intent of this section is to provide opportunities for alternative modes of transportation by connecting existing and future public transportation routes and pedestrian and bicycle pathways within the City to provide safe passage from residential areas and the public right-of-way to activity generators and destination buildings. This section is applicable to parcels within areas that generate or promote pedestrian activity and movement. Such areas include, but are not necessarily limited to, the central business district, park and recreational facilities, schools, public library, shopping centers, multimodal trails, and areas served by public transportation. The City should consider the existing and the planned development pattern, as prescribed by the City Master Plan, to identify areas that generate pedestrian or bicycle activity.
(1) 
Pathways shall connect all primary building entrances to one another.
(2) 
Pathways shall extend throughout the development site and connect all primary building entrances, surrounding streets, external sidewalks, adjacent trails, transit stops, parking areas, recreational facilities and common areas, outparcels, future phases of development, and adjacent developments to the site, as applicable. Shared pedestrian walkways are encouraged between adjacent projects. An applicant may also be required to connect or stub pathway(s) to adjacent roads and private property.
(3) 
Pathways within developments shall provide reasonably direct and safe connections.
(4) 
Pathways shall comply with the New Jersey State Barrier-Free Access Code and the Americans with Disabilities Act, which requires accessible routes of travel. In addition, all pathways used to comply with these standards shall conform to all the following criteria:
(a) 
Pathway surfaces and multi-use paths shall be concrete, colored concrete, stamped pattern concrete, asphalt, brick/masonry pavers or other durable surfaces.
(b) 
Pedestrian walkways shall be a minimum of five feet wide. Multi-use paths (i.e., for bicycle and pedestrians) shall be a minimum of 10 feet wide within a twenty-foot-wide right-of-way or easement that allows access for emergency vehicles. Stairs or switchback paths using a narrower right-of-way/easement may be required in lieu of a multi-use pathway where grades are steep.
(c) 
If the roads within the subdivision or neighborhood are lighted, the pathways shall also be lighted.
(d) 
Where pathways are parallel and adjacent to a driveway or road (public or private), they shall be raised six inches and curbed or separated from the driveway/road by a five-foot-minimum strip within bollards, a landscape berm or other physical barrier. If a raised path is used, the ends of raised portions must be equipped with curb ramps.
(5) 
Pedestrian pathway shall be separated a minimum of five feet from all residential living areas on the ground floor, except at building entrances. Separation is measured from the pathway edge to the closest dwelling unit. No pathway/building separation is required for commercial, industrial, public or institutional uses.
(6) 
Crosswalks shall be designed and coordinated to move people safely to and from buildings and parking areas. Where pathways cross a parking area, driveways or road, they shall be clearly marked with contrasting paving material, humps, raised crossing or painted striping. If painted striping is used, it shall consist of thermoplastic striping or similar type of durable application.
H. 
Shared parking. Two or more owners or operators of adjacent parcels requiring off-street parking facilities may make collective provision for such facilities. The Planning Board may approve shared parking facilities for developments or uses with different operating hours or different peak business periods if the shared parking complies with all of the following standards.
(1) 
Required parking spaces reserved for persons with disabilities shall not be located off site.
(2) 
Shared parking spaces must be located within 600 feet of the primary entrance of all uses served. Required parking spaces reserved for persons with disabilities shall meet all requirements of the New Jersey State Barrier-Free Access Code.
(3) 
Shared parking areas for uses located in a nonresidential district shall not be located in any residential district.
(4) 
Those wishing to use shared parking as a means of satisfying off-street parking requirements must submit a shared parking analysis to the Planning Board that clearly demonstrates to the satisfaction of the Board the feasibility of the proposed shared parking arrangement. The study must address, at a minimum, the size and type of the proposed development, the composition of tenants, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces.
(5) 
A shared parking plan shall be enforced through written agreement among all owners of record. The owner of the shared parking area shall enter into a written agreement with the City providing that the land comprising the parking area shall never be disposed of except in conjunction with the sale of the building which the parking area serves so long as the facilities are required and that the owner agrees to bear the expense of recording the agreement and such agreement shall bind his or her heirs, successors, and assigns. An attested copy of the agreement between the owners of record shall be submitted to the City Clerk and to the City Planning Board. Recordation of the agreement must take place before issuance of a building permit or certificate of occupancy for any use to be served by the shared parking area. A shared parking agreement may be revoked only if all required off-street parking spaces will be provided on site in accordance with the off-street parking schedules of this chapter. The written agreement shall be voided by the City if other off-street facilities are provided in accord with this chapter.
(6) 
When the uses subject to a shared parking agreement change, it shall be considered a substantial change to the terms of development approval and the Planning Board shall have the authority to require submission of a revised shared parking study and a new shared parking agreement in the event the revised shared parking study indicates additional parking is required.
I. 
Bicycle parking facilities. Inadequate facilities and fear of theft are major deterrents to bicycle transportation. Bicycle parking and storage are important ways to provide convenience and security for bicyclists at important community destinations. In order to enhance multimodal transportation opportunities, the following standards for bicycle parking shall be met with the exception of single-family, two-family, three-family and four-family housing (attached, detached or manufactured housing), home occupations, agriculture and livestock uses, or other developments with fewer than 10 vehicle parking spaces.
(1) 
Number of bicycle parking spaces. A minimum of two bicycle parking spaces per use is required for all uses with more than 10 vehicle parking spaces. The following additional standards apply to specific types of development:
(a) 
Every residential use of four or more dwelling units shall provide at least one sheltered bicycle parking space for each dwelling unit. Bicycle parking shall have a long-term design. Residential bicycle parking spaces may be located within a garage, storage shed, basement, utility room or similar area.
(b) 
All public and commercial parking lots and parking structures shall provide a minimum of one bicycle parking space for every 10 motor vehicle parking spaces. All bicycle parking shall have a long-term design.
(c) 
Elementary and middle schools, both private and public, shall provide one bicycle parking space for every 10 students and employees. High schools shall provide one bicycle parking space for every five students and employees. All school bicycle parking shall have a long-term design.
(d) 
Colleges and trade schools shall provide one bicycle parking space for every 10 motor vehicle spaces plus one space for every dormitory unit. Fifty percent of bicycle parking shall have a long-term design; 50%, short-term design.
(e) 
For buildings with multiple uses (such as a commercial or mixed-use center), bicycle parking standards shall be calculated by using the total number of motor vehicle parking spaces required for the entire development. A minimum of one bicycle parking space for every 10 motor vehicle parking spaces is required. Fifty percent of bicycle parking shall have a long-term design; 50%, short-term design, as defined in the following subsection.
(2) 
Short-term design of bicycle parking facility. Short-term design of bicycle parking facilities shall be high-quality, inverted U type construction. The Planning Board may approve alternative high-quality bicycle parking facilities if they can be shown to:
(a) 
Provide adequate theft protection and security; and
(b) 
Support the bicycle at two points of contact to prevent damage to the bicycle wheels and frame.
(3) 
Long-term design of bicycle parking facility. In addition to the requirements of short-term design, the bicycle parking spaces for long-term parking shall be sheltered from sun and precipitation under an eave, overhang, an independent structure or similar cover. Bicycle parking requirements for long-term and employee parking may be met by providing a bicycle storage room, bicycle lockers, racks or other secure storage space inside or outside of the building. The Planning Board may approve alternative measures if they meet the intents for visibility, security and weather protection.
(4) 
Bicycle parking facilities shall be located with easy access, near main building entrances, in areas with natural surveillance. Bicycle parking facilities shall be conveniently located with respect to both the road right-of-way and at least one building entrance (e.g., no further away than the closest vehicle parking space).
(5) 
It is encouraged that bicycle parking facilities are incorporated whenever possible into building design and coordinated with the design of street furniture when it is provided.
(6) 
Bicycle parking should be located in areas that are close to lighting fixtures on the parcel.
(7) 
Areas set aside for bicycle parking shall be clearly marked and reserved for bicycle parking only.
(8) 
Bicycle parking shall not interfere with pedestrian passage and shall not create a hazard to pedestrians. Parking areas shall be located so as to not conflict with vehicle clear sight triangles.
J. 
Reverse frontage requirement for residential lots. Subdivision and site plan design should be arranged so that residential lots abut and have direct driveway access from minor streets, local streets, or minor collector streets. Residential lots abutting higher volume streets should be designed as reverse frontage lots with a landscaped buffer at least 25 feet in width along the property line along the higher volume street. The minimum yard requirement from the higher order street shall be increased 25 feet, and the lot shall be designed with greater depth or width, as applicable, to provided the space for the buffer. If the buffer is planned as a separate open space lot to be held in common ownership, then the minimum yard required for the residential lot shall be measured from the buffer strip lot line. A deed restriction shall be provided for the lot to preclude any future direct vehicular access from the higher volume street. Any driveway on a residential lot which is permitted to take access to a higher volume street shall be designed to permit a K-turn movement to allow a vehicle to exit the lot without backing into the higher order street.
K. 
Outdoor storage areas. Outdoor storage areas for the storage and sale of seasonal inventory should be permanently defined and screened with walls and/or fences. Materials, colors, trim, details and designs of screening walls and/or fences and the cover should conform to those used as predominant materials and colors of the building. If such areas are to be covered, then the covering should conform to those used as predominant materials and colors on the buildings.
L. 
Stormwater design strategy. To the maximum extent possible, the design of development shall rely upon a natural strategy for stormwater management that emphasizes the use of nonstructural measures. To that end, development design shall be arranged to preserve the significant natural features of the site, avoid areas of environmental sensitivity, and minimize negative impacts. Design shall be arranged to protect natural drainage features and vegetation; minimize land disturbance from clearing and grading; minimize soil compaction; reduce the use of stormwater management basins; promote the use of vegetated open-channel drainage systems that discharge into and through stable vegetated areas; and minimize impervious surfaces. An application for development shall identify the nonstructural measures for stormwater management that have been incorporated into the design. If the applicant contends that it is not feasible to rely primarily upon a natural strategy and nonstructural measures for stormwater management, the applicant shall be required to substantiate that contention to the satisfaction of the Planning Board.
(1) 
No stormwater management basin which requires a fence shall be located in a front yard. A stormwater management basin that is two feet or less in depth shall not be required to be fenced.
(2) 
Stormwater management ponds and/or depressions, where permitted, shall be designed and utilized as site amenities to enhance the visual environment. Subject to the requirements of other governmental agencies, and a consideration of safety-related issues, stormwater facilities that are located in the front of a property should be prohibited from having fencing. If fencing is required, a green or black vinyl/painted finish shall be provided. Any walls or railings for structured stormwater boxes must be decorative. Fenced or walled ponds shall not count toward open space requirements within a project and shall only be located at the side or rear of a site. Maximum fence height shall be no more than four feet.
(3) 
Wet stormwater detention/retention facilities adjacent to public streets or open to public view shall include a water feature such as a fountain or spray jet and shall be landscaped appropriately.
(4) 
Detention/retention, if permitted along the front of a property, shall be designed with curvilinear edges, not as a straight box, and shall be attractively landscaped.
(5) 
Stormwater detention areas, where permitted, shall be planted with suitable ground cover and, unless maintained as an open lawn swale, shall be attractively landscaped to screen the view.
M. 
External site lighting. Commercial buildings and projects, including their outparcels, shall be designed to provide safe, convenient and efficient lighting for pedestrians and vehicles. Lighting shall be designed in a consistent and coordinated manner for the entire project. Lighting shall be used to accent key architectural elements and/or to emphasize landscape features and shall be designed and installed to avoid the creation of hot spots, glare or a nuisance.
(1) 
Light fixtures shall be designed as an integral design element that complements the design of the project through style, material or color. All light poles and fixtures shall be black, dark green or some similarly dark color that is consistent with the architectural design scheme of the property. Lighting of on-site buildings shall be limited to wall-washer-type fixtures or uplights, which do not produce spillover lighting or glare. Site lighting shall not incorporate floodlight fixtures mounted on building walls, roofs or poles.
(2) 
To provide cohesiveness and uniformity, a lighting plan shall be submitted as part of an application for site plan approval.
(3) 
Lighting intensities for ATM machines shall comply with New Jersey statutes.
(4) 
Lighting intensities shall be designed as recommended by the most recent edition of the Illuminating Engineering Society (IES) of North America's Lighting Handbook.
(5) 
A light fixture (the pole and light source/luminary) shall be a maximum of 30 feet in height within any parking lot and a maximum of 16 feet in height within any nonvehicular pedestrian area (with height being measured from the finished grade to the top of the light fixture).
(6) 
At service stations and convenience centers, lighting under awnings, canopies, porte-cocheres, etc., should be recessed. If not recessed, the box-type or other lighting fixture shall be opaque on all sides (no light shall emanate from any side of the fixture). Additionally, the following lighting standards shall apply:
(a) 
The light source shall be metal halide (a maximum of 250 watts) or fluorescent;
(b) 
The metal halide shall be phosphor coated when used with a clear flat glass lens, or may be clear when used with a diffused flat glass lens; and
(c) 
The maximum footcandle level shall be 30 fc (average maintained maximum); see the IES Lighting Handbook, most recent edition.
(7) 
Illumination levels at the property line shall range between a minimum of 0.0 fc and a maximum of 1.0 fc with as close to 0.0 fc as reasonably feasible when lighting is located next to residential. To keep light rays and glare from encroaching onto adjacent properties, illumination shall be installed with house-side shields and reflectors and shall be maintained in such a manner as to confine light rays to the premises.
(8) 
All parking areas, pedestrian walkways, bikeways, loading/service and other areas shall, to the extent applicable, conform to the requirements stated above.
(9) 
Parking area lighting.
(a) 
Parking area lighting shall be shielded from adjacent properties by utilizing flat glass lenses, house-side shields, and NEMA Type II, III and IV reflectors.
(b) 
Decorative acorn-type fixtures shall not exceed 18 feet in height and 250 watts per bulb, and shall have a textured clear lens/globe, frosted/phosphor-coated bulbs, and an internal optical system.
(10) 
Lighting for pedestrian walkways and bikeways. Lighting along pedestrian walkways and bikeways shall be decorative in appearance, style and finish. Selected luminaries shall have the lamp source shielded from view. Translucent diffusers may be an acceptable substitute to avoid visual glare and brightness.