[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.
AH ZONE
AO ZONE
APPEAL
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
BASE FLOOD
BASE FLOOD ELEVATION (BFE)
BASEMENT
BREAKAWAY WALL
CUMULATIVE SUBSTANTIAL IMPROVEMENT
DEVELOPMENT
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
ELEVATED BUILDING
EROSION
EXISTING MANUFACTURED HOME PARK
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD or FLOODING
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPROOFING
FLOODWAY
FREEBOARD
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
(1)
(2)
(3)
(4)
LOWEST FLOOR
MANUFACTURED HOME
MANUFACTURED HOME PARK
NEW CONSTRUCTION
NEW MANUFACTURED HOME PARK
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
(1)
(2)
VARIANCE
VIOLATION
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.
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.
Areas subject to inundation by one-percent annual chance
shallow flooding (usually sheet flow on sloping terrain), where average
depths are between one and three feet.
A request for a review of the City Engineer's interpretation of any provision of this section (§ 425-71) or a request for a variance.
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.
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.
A flood having a one-percent chance of being equaled or exceeded
in any given year.
The flood elevation shown on a published Flood Insurance
Study (FIS), including the Flood Insurance Rate Map (FIRM). For Zones
AE, AH, AO, and A1-30, the elevation represents the water surface
elevation resulting from a flood that has a one-percent or greater
chance of being equaled or exceeded in any given year.
Any area of the building having its floor subgrade (below
ground level) on all sides.
A wall that is not part of the structural support of the
building and is intended, through its design and construction, to
collapse under specific lateral loading forces without causing damage
to the elevated portion of the building or supporting foundation system.
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.
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations,
or storage of equipment or materials located within the area of special
flood hazard.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
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.
The process of the gradual wearing away of land masses.
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.
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.
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.
A general and temporary condition of partial or complete
inundation of normally dry land areas from:
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance 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.
Any combination of structural and nonstructural additions,
changes, or adjustments to structures, which reduce or eliminate flood
damage to real estate or improved real property, water and sanitary
facilities, structures and their contents.
The 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.
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.
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of the Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs, which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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.
A structure, transportable in one or more sections, which
is built on a permanent chassis and is designed for use with or without
a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a "recreational vehicle."
A parcel (or contiguous parcels) of land divided into two
or more manufactured home spaces for rent.
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.
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.
A vehicle that is:
Built on a single chassis;
Four hundred square feet or less when measured at the longest
horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling, but
as temporary living quarters for recreational, camping, travel, or
seasonal use.
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.
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally aboveground.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before-damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred. "Substantial damage" also means flood-related damages
sustained by a structure on two or more separate occasions during
a ten-year period, for which the cost of repairs at the time of each
such flood event, on the average, equals or exceeds 25% of the market
value of the structure before the damages occurred.
Any reconstruction, rehabilitation, addition, or other improvement
of a structure during a ten-year period, the cost of which equals
or exceeds 50% of the market value of the structure before the start
of construction of the improvement. "Substantial improvement" also
means 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:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications,
which have been identified by the local code enforcement officer and
which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
A grant of relief from the requirements of this section (§ 425-71) that permits construction in a manner that would otherwise be prohibited by this section.
The failure of a structure or other development to be fully compliant with this section (§ 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.
(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.
(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)
(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.
(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.
(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
(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:
[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.
(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.
[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; 4-10-2007 by Ord. No. 2007-24; 1-29-2013 by Ord. No. 2012-68; 2-23-2021 by Ord. No. 2021-11; 3-8-2022 by Ord. No.
2022-19]
A.
Scope and purpose.
(1)
Policy statement.
(a)
As municipalities throughout New Jersey are developed, impervious
surfaces create increased amounts and rates of stormwater runoff during
precipitation events. This runoff picks up large amounts of pollutants
that collect on parking lots, roadways, rooftops, and other paved
or hardened surfaces, and then flows through stormwater conveyances
to our streams, rivers, and beaches. The increased runoff rate and
volume also lead to erosion and flooding in and downstream of developed
areas.
(b)
Flood control, groundwater recharge, and pollutant reduction
shall be achieved through the use of stormwater management measures,
including green infrastructure best management practices (GI BMPs)
and nonstructural stormwater management strategies. GI BMPs and low-impact
development (LID) should be utilized to meet the goal of maintaining
natural hydrology to reduce stormwater runoff volume, reduce erosion,
encourage infiltration and groundwater recharge, and reduce pollution.
GI BMPs and LID should be developed based upon physical site conditions
and the origin, nature and the anticipated quantity, or amount, of
potential pollutants. Multiple stormwater management BMPs may be necessary
to achieve the established performance standards for water quality,
quantity, and groundwater recharge.
(c)
GI BMPs and LID practices not only address stormwater runoff
but may also result in multiple benefits, including providing open
space and beautifying neighborhoods, cooling and cleansing the air,
reducing asthma and heat-related illnesses, and saving on heating
and cooling energy costs.
(2)
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection B.
(3)
(4)
Compatibility with other permit and ordinance requirements.
(a)
Development approvals issued pursuant to this section are to
be considered an integral part of development approvals and do not
relieve the applicant of the responsibility to secure required permits
or approvals for activities regulated by any other applicable code,
rule, act, or ordinance. In their interpretation and application,
the provisions of this section shall be held to be the minimum requirements
for the promotion of the public health, safety, and general welfare.
(b)
This section is not intended to interfere with, abrogate, or
annul any other ordinances, rule or regulation, statute, or other
provision of law except that, where any provision of this section
imposes restrictions different from those imposed by any other ordinance,
rule or regulation, or other provision of law, the more restrictive
provisions or higher standards shall control.
B.
CAFRA CENTERS, CORES OR NODES
CAFRA PLANNING MAP
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
DISTURBANCE
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOODS
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
LOW-IMPACT DEVELOPMENT TECHNIQUES
MAJOR DEVELOPMENT
(1)
(a)
(b)
(c)
(d)
(2)
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
(1)
(2)
(3)
(4)
REGULATED MOTOR VEHICLE SURFACE
(1)
(2)
(3)
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
TIDAL FLOOD HAZARD AREA
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONE
URBAN REDEVELOPMENT AREA
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this section.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Commissioners to review
municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. In the case of development of agricultural land,
"development" means any activity that requires a state permit, any
activity reviewed by the County Agricultural Board (CAB) and the State
Agricultural Development Committee (SADC), and municipal review of
any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1
et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
Neighborhoods designated by the Urban Coordinating Council
"in consultation and in conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
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.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a subwatershed, which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
Utilizing strategies and measures that manage stormwater
runoff quantity and quality in the absence of structural stormwater
measures, such as minimizing site disturbance, preserving natural
vegetation and other important site features such as forests and especially
core forests, reducing and disconnecting impervious cover, minimizing
proposed ground slopes, utilizing native vegetation, minimizing turf
grass lawns, revegetating areas, increasing time of concentration,
and maintaining and enhancing natural drainage features and characteristics.
Any development that meets the definition of "major subdivision" in § 425-64A or the definition of "major site plan" in § 425-66A. "Major development" also means an individual "development," as well as multiple developments that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of 5,000 square feet or more of regulated impervious
surface since February 2, 2004;
The creation of 5,000 square feet or more of regulated motor
vehicle surface since March 2, 2021; or
A combination of Subsection A(2) and (3) above that totals an
area of 5,000 square feet or more. The same surface shall not be counted
twice when determining if the combination area equals one-quarter
acre or more.
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of Subsection A(1), (2), (3) or (4) above. Projects undertaken by
any government agency that otherwise meet the definition of "major
development" but which do not require approval under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered major
development.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or track.
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with Subsection D(6) of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, groundwaters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or
Quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant, where the water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of these
goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
Previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
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.
Design and performance standards for stormwater management measures.
(1)
Stormwater management measures for major development shall be designed
to provide erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment as follows:
(a)
The minimum standards for erosion control are those established
under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq.,
and implementing rules at N.J.A.C. 2:90.
(b)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
(2)
The standards in this section apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or water quality
management plan adopted in accordance with Department rules.
D.
Stormwater management requirements for major development.
(1)
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection K.
(2)
The development design shall limit the creation of stormwater runoff
through implementation of low-impact development techniques to the
extent technically practicable without reduction of the allowable
development given the applicable zoning and other provisions of state
law or regulations, or of municipal ordinance.
(3)
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).
(4)
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(17), (18), and (19):
(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.
(5)
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(16), (17), (18), and (19) 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;
(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(5)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection D(16), (17), (18), and (19) that were not achievable on site.
(6)
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection D(16), (17), (18), and (19). When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f), Tables 5-1, 5-2 and 5-3, and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at https://njstormwater.org/bmp_manual2.htm.
(7)
Where the BMP tables in the New Jersey Stormwater Management Rule
are different due to updates or amendments with the tables in this
section, the BMP tables in the Stormwater Management Rule at N.J.A.C.
7:8-5.2(f) shall take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a)(g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60-80
|
No
|
No
|
—
|
|
(Notes corresponding to annotations(a) through (g) are found after Table 3.)
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations (b) through (d) are found after Table 3.)
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40-60
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90
|
No
|
No
|
1
|
|
Wet pond
|
50-90
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at Subsection D(16)(b).
|
|
(b)
|
Designed to infiltrate into the subsoil.
|
|
(c)
|
Designed with underdrains.
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation.
|
|
(e)
|
Designed with a slope of less than 2%.
|
|
(f)
|
Designed with a slope of equal to or greater than 2%.
|
|
(g)
|
Manufactured treatment devices that meet the definition of "green infrastructure" at Subsection B.
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B.
|
(8)
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection F(2). Alternative stormwater management measures may be used to satisfy the requirements at Subsection D(16) only if the measures meet the definition of "green infrastructure" at Subsection B. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection D(16)(b) are subject to the contributory drainage area limitation specified at Subsection D(16)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection D(16)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(5) is granted from Subsection D(16).
(9)
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
(10)
Design standards for stormwater management measures are as follows:
(a)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(b)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection H(3);
(c)
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5
shall be deemed to meet this requirement;
(d)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection H; and
(e)
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of 2 1/2 inches
in diameter.
(11)
Manufactured treatment devices may be used to meet the requirements of this section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection B may be used only under the circumstances described at Subsection D(16)(d).
(12)
Any application for a new agricultural development that meets the definition of "major development" at Subsection B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection D(16), (17), (18), and (19) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
(13)
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(17), (18), and (19) shall be met in each drainage area, unless the runoff from the drainage areas converge on site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
(14)
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the office of the Cumberland County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17), (18), and (19) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection K(2)(e). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
(15)
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection D of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the office of the Cumberland County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection D(14) above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection D(14) above.
(16)
Green infrastructure standards.
(a)
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards.
(b)
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection D(17) and (18), the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection D(7) and/or an alternative stormwater management measure approved in accordance with Subsection D(8). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed 3 times the area occupied
by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
(d)
If a variance in accordance with N.J.A.C.7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(5) is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection D(8) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(17), (18), and (19).
(e)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection D(17), (18), and (19), unless the project is granted a waiver from strict compliance in accordance with Subsection D(5).
(17)
On-site retention and groundwater recharge standards.
(a)
This subsection contains the minimum design and performance
standards for on-site retention and groundwater recharge as follows.
(b)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:
[1]
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual preconstruction groundwater recharge volume for the site; or
[2]
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from preconstruction to postconstruction
for the two-year storm is infiltrated.
(c)
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection D(17)(d) below.
(d)
The following types of stormwater shall not be recharged:
[1]
Stormwater from areas of high pollutant loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with Department-approved remedial action work plan
or landfill closure plan and areas with high risks for spills of toxic
materials, such as gas stations and vehicle maintenance facilities;
and
[2]
Industrial stormwater exposed to source material. "Source material"
means any material(s) or machinery, located at an industrial facility,
that is directly or indirectly related to process, manufacturing or
other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
(e)
The design engineer is encouraged to promote on-site retention
to reduce flooding, improve water quality, and increase groundwater
recharge. The design engineer is encouraged to infiltrate or retain
on site a retention volume of one inch over all impervious surfaces.
(18)
Stormwater runoff quality standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 5,000 square feet or more of
regulated motor vehicle surface.
(b)
Stormwater management measures shall be designed to reduce the
postconstruction load of total suspended solids (TSS) in stormwater
runoff generated from the water quality design storm as follows:
[1]
Eighty percent TSS removal of the anticipated load, expressed
as an annual average shall be achieved for the stormwater runoff from
the net increase of motor vehicle surface.
[2]
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
(c)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection D(18)(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(d)
The water quality design storm is 1.25 inches of rainfall in
two hours. Water quality calculations shall take into account the
distribution of rain from the water quality design storm, as reflected
in Table 4, below. The calculation of the volume of runoff may take
into account the implementation of stormwater management measures.
|
Table 4 - Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
(e)
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B – (A x B) / 100
|
|
Where:
| ||
|
R
|
=
|
total TSS percent load removal from application of both BMPs.
|
|
A
|
=
|
the TSS percent removal rate applicable to the first BMP.
|
|
B
|
=
|
the TSS percent removal rate applicable to the second BMP.
|
(f)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the postconstruction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection D(17), (18), and (19).
(g)
In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
(h)
The Flood Hazard Area Control Act rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the surface water quality standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
(i)
Pursuant to the Flood Hazard Area Control Act rules at N.J.A.C.
7:13-11.2(j)3i, runoff from the water quality design storm that is
discharged within a 300-foot riparian zone shall be treated in accordance
with this subsection to reduce the postconstruction load of total
suspended solids by 95% of the anticipated load from the developed
site, expressed as an annual average.
(j)
These stormwater runoff quality standards do not apply to the
construction of one individual single-family dwelling, provided that
it is not part of a larger development or subdivision that has received
preliminary or final site plan approval prior to December 3, 2018,
and that the motor vehicle surfaces are made of permeable material(s)
such as gravel, dirt, and/or shells.
(19)
Stormwater runoff quantity standards.
(a)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
(b)
In order to control stormwater runoff quantity impacts, the design engineer shall; using the assumptions and factors for stormwater runoff calculations at Subsection E, complete one of the following:
[1]
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving, the site, postconstruction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the preconstruction runoff hydrographs for the same
storm events;
[2]
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 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
[3]
Design stormwater management measures so that the postconstruction
peak runoff rates for the two-, ten- and 100-year storm events are
50%, 75% and 80%, respectively, of the preconstruction peak runoff
rates. The percentages apply only to the postconstruction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
[4]
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection D(19)(b)[1], [2], and [3] above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
(c)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
E.
Calculation of stormwater runoff, on-site retention and groundwater
recharge.
(1)
Stormwater runoff shall be calculated in accordance with the following:
(a)
The design engineer shall calculate runoff using one of the
following methods:
[1]
The USDA Natural Resources Conservation Service (NRCS) methodology,
including the NRCS Runoff Equation and Dimensionless Unit Hydrograph,
as described in Chapters 7, 9, 10, 15 and 16, Part 630, Hydrology
National Engineering Handbook, incorporated herein by reference as
amended and supplemented. This methodology is additionally described
in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55),
dated June 1986, incorporated herein by reference as amended and supplemented.
Information regarding the methodology is available from the Natural
Resources Conservation Service website at https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf
or at United States Department of Agriculture Natural Resources Conservation
Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
[2]
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The rational and modified, rational
methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
(b)
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the 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 above at Subsection E(1)(a)[1] and the Rational and Modified Rational Methods at Subsection E(1)(a)[2]. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover 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 or other methods may be employed.
(e)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tail water in the design of structural stormwater management
measures.
(2)
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological Survey website at https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf;
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
F.
Sources for technical guidance.
(1)
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(a)
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
(b)
Additional maintenance guidance is available on the Department's
website at https://www.njstormwater.org/maintenance_guidance.htm.
(2)
Submissions required for review by the Department should be mailed
to: The Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
G.
Solids and floatable materials control standards.
(1)
Site design features identified under Subsection D(7) above, or alternative designs in accordance with Subsection D(8) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection G(1)(b) below.
(a)
Design engineers shall use one of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
[1]
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines; or
[2]
A different grate, if each individual clear space in that grate
has an area of no more than 7.0 square inches, or is no greater than
0.5 inch across the smallest dimension.
[a]
Examples of grates subject to this standard include
grates in grate inlets, the grate portion (non-curb-opening portion)
of combination inlets, grates on storm sewer manholes, ditch grates,
trench grates, and grates of spacer bars in slotted drains. Examples
of ground surfaces include surfaces of roads (including bridges),
driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields,
open channels, and stormwater system floors used to collect stormwater
from the surface into a storm drain or surface water body.
[3]
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than 7.0 square inches, or be no greater than 2.0
inches across the smallest dimension.
(b)
The standard in Subsection G(1)(a) above does not apply:
[1]
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than 9.0 square inches;
[2]
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
[3]
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
[a]
A rectangular space 4.625 inches long and 1.5 inches
wide (this option does not apply for outfall netting facilities);
or
[b]
A bar screen having a bar spacing of 0.5 inch.
[c]
Note that these exemptions do not authorize any
infringement of requirements in the Residential Site Improvement Standards
for bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 5:21-7.4(b)1].
[4]
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars; to the elevation of the
water quality design storm as specified in N.J.A.C. 7:8; or
[5]
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
H.
Safety standards for stormwater management basins.
(1)
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management BMPs. This
section applies to any new stormwater management BMP.
(2)
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection H(3)(a), (b), and (c) for trash racks, overflow grates, and escape provisions at outlet structures.
(3)
Requirements for trash racks, overflow grates and escape provisions.
(a)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the stormwater management
BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
[1]
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
[2]
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
[3]
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
[4]
The trash rack shall be constructed of rigid, durable, and corrosion-resistant
material and designed to withstand a perpendicular live loading of
300 pounds per square foot.
(b)
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
such grate shall meet the following requirements:
[1]
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
[2]
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
[3]
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
(c)
Stormwater management BMPs shall include escape provisions as
follows:
[1]
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection H(3), a freestanding outlet structure may be exempted from this requirement;
[2]
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See Subsection H(5) for an illustration of safety ledges in a stormwater management BMP; and
[3]
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
(4)
Variance or exemption from safety standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
(5)
Safety ledge illustration.
 |
I.
Standards for structural stormwater management measures.
(1)
Standards for structural stormwater management measures are as follows:
(a)
Stormwater management BMPs 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.
(b)
As-built permeability test results of any new stormwater management
measure shall be provided to the City of Vineland prior to the issuance
of a certificate of occupancy (CO) clearance.
(c)
As-built survey of any new stormwater management BMP shall be
provided to the City of Vineland prior to the issuance of a certificate
of occupancy (CO) clearance. The as-built survey shall include, at
a minimum, bottom of basin elevation, top of basin elevation, one-foot
elevation contours within the basin and a minimum of 10 feet outside
of top of basin, location and elevation of all inlet and outlet structures,
pipe and weir information and elevations for all structures within
the basin, spillway information, width, and elevation. Additionally,
the as-built survey shall include a constructed elevation-volume table.
(d)
Upon completion of any stormwater management BMP and prior to
issuance of a certificate of occupancy (CO) clearance, 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 BMP has been properly
cleaned after 90% of the project's completion. The engineer's certification
shall also certify that the BMP currently operates as intended by
its design, taking into account all soil and water conditions encountered
during construction.
(e)
The location of the one-foot freeboard elevation of all stormwater
management BMPs 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 BMP 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.
(f)
Street and yard inlet grates shall have elevations not less
than the required one-foot freeboard elevation of stormwater management
BMPs.
(g)
The horizontal reaches of all underground stormwater management
BMPs 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 BMP 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.
(h)
All new stormwater management BMPs with a depth, as measured
from top of basin to bottom of basin, greater than two feet, shall
be protected from public intrusion by both six-foot-high fencing and
screening. If a chain link fence is utilized, it shall be clad with
black vinyl.
J.
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 J(3) below as part of the submission of the application for approval.
(b)
The applicant shall demonstrate that the project meets the standards
set forth in this section.
(2)
Site development stormwater plan approval. The applicant's site development
project shall be reviewed as a part of the review process by the municipal
board or official from which municipal approval is sought. That municipal
board or official shall consult the municipality's review engineer
to determine if all of the checklist requirements have been satisfied
and to determine if the project meets the standards set forth in this
section.
(3)
Submission of site development stormwater plan. The following information
shall be required:
(a)
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
(b)
Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development. Incorporation of nonstructural strategies demonstrates adherence to a low-impact development (LID) approach. The written description should include a list of the following nonstructural strategies {Subsection J(3)(b)[1] through [9]}, with a clear yes/no indication of if the strategy was included in the plan and brief description:
[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 "time of concentration" from preconstruction
to postconstruction. "Time of concentration" is defined as the time
it takes for runoff to travel from the hydraulically most distant
point of the drainage area 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; and
[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. These source
controls include, but are not limited to:
[a]
Site design features that help to prevent accumulation
of trash and debris in drainage systems;
[b]
Site design features that help to prevent discharge
of trash and debris in 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)
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings, roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
(d)
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections C through E are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(e)
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
[1]
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
[2]
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
(f)
Calculations.
[1]
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and postdevelopment conditions for the design storms specified in Subsection D of this section.
[2]
A groundwater mounding analysis for each stormwater infiltration
BMP shall be provided.
[3]
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on 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.
[4]
A summary narrative of the calculations shall be provided. Said
narrative shall include, but not be limited to:
[a]
Design requirement;
[b]
Design methodologies;
[c]
Predevelopment and postdevelopment peak discharge
and volume results in tabular form for all design storms;
[d]
Postdevelopment TSS removal rates by drainage area;
[e]
Stage-area-storage table for proposed stormwater
management measures, which will indicate BMP elevation in relation
to BMP surface area, storage volume, peak inflows and outflows;
[f]
Time to drain stormwater management BMP (calculations
may be provided in other parts of report); and
[g]
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 K.
(h)
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection J(3)(a) through (g) 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.
K.
Maintenance and repair.
(2)
General maintenance.
(a)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(b)
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the New Jersey BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
(c)
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
(d)
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
(e)
If the party responsible for maintenance identified under Subsection K(2)(c) above is not a public agency, the maintenance plan and any future revisions based on Section K(2)(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(f)
Preventative and corrective maintenance shall be performed to
maintain the functional parameters (storage volume, infiltration rates,
inflow/outflow capacity, etc.) of the stormwater management measure,
including, but not limited to, repairs or replacement to the structure;
removal of sediment, debris, or trash; restoration of eroded areas;
snow and ice removal; fence repair or replacement; restoration of
vegetation; and repair or replacement of nonvegetated linings.
(g)
The party responsible for maintenance identified under Subsection K(2)(c) above shall perform all of the following requirements:
[1]
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
[2]
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(i)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have 14 days to effect maintenance and repair of the facility
in a manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or county may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
(3)
Nothing in this subsection shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
L.
Stormwater control ordinance training. Any municipal official, staff,
or volunteers responsible for the review of development projects shall
receive appropriate training on applicable state, county, and local
stormwater control regulations as provided by the New Jersey Department
of Environmental Protection (NJDEP) or other appropriate agency.
M.
Penalties. Any person(s) 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 as outlined in § 425-312, Enforcement; violations and penalties.
N.
Severability. Each section, subsection, sentence, clause and phrase
of this section is declared to be an independent section, subsection,
sentence, clause and phrase, and the finding or holding of any such
portion of this section to be unconstitutional, void, or ineffective
for any cause, or reason, shall not affect any other portion of this
section.
O.
Effective date. This section shall be in full force and effect from
and after its adoption and any publication as required by law.
A.
BUFFER or BUFFER STRIP
LANDSCAPING
SCREENING
SHADE TREES
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.
The provision of lawns, trees, plants and other natural and
decorative features in order to improve the visual and climatic conditions
of the land.
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.
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.
ACCELERATION LANE
AISLES
BAYS
BUMPER
CURB RETURN
DECELERATION LANE
DRIVEWAY OPENING
HAIRPIN MARKING
ISLANDS
OVERHANG
PARKING SPACE
PARTY DRIVEWAY
RAMP
SPEED BUMP
THROAT LENGTH
VEHICLE CLASS
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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]
The travelled way by which cars enter and depart parking
spaces.
The parking module usually consisting of two rows of parking
spaces and the aisle.
Permanent devices set in each stall to block the front wheels
and prevent encroachment beyond the stall space.
The curb connecting the ramp curb to the street curb.
An added roadway lane that permits cars to slow down and
leave the main vehicular stream.
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]
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]
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.
The portion of a vehicle which extends beyond the wheel stops
or curb approximately 2.5 feet.
A space for the parking of a motor vehicle within a public
or private parking area; also known as "parking stall."
A single way providing vehicular access to two adjoining
properties.
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]
A raised section of a paved surface or roadway designed to
interfere with and deter speeding traffic.
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]
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]
[1]
Editor's Note: See the Dimensions Table for
Parking Spaces and Aisles located at the end of this chapter.
A.
CARTWAY
CHANNELIZATION
CONSERVATION EASEMENT
DRAINAGE EASEMENT
EASEMENT
LOCAL STREET
MAJOR ARTERIAL
MAJOR COLLECTOR STREET
MINOR ARTERIAL
MINOR COLLECTOR STREET
MINOR STREET
PERPETUAL EASEMENT
RIGHT-OF-WAY
SIGHT TRIANGLE
STREET
STREET SHADE TREE EASEMENT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
That area of a street within which vehicles are permitted,
including travel lanes and parking places, usually measured between
curbs or curblines.
A traffic control device which forces vehicles into certain
traffic flows or turning movements.
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.
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.
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.
A street designed to provide access to the abutting property
and to discourage through traffic, generally connecting to a collector.
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.
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.
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.
A street which serves to collect traffic from local streets,
generally connecting to a major collector.
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.
An easement that is self-perpetuating and runs with the land.
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.
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]
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.
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.
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]
A.
BLOCK
LOT
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.
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.
(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.
(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.
FENCE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.
[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; 12-23-2008 by Ord. No. 2008-87; 7-13-2021 by Ord. No. 2021-35]
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.
ANIMATED SIGN
ATTENTION-GETTING DEVICE
AWNING or CANOPY
AWNING, CANOPY OR MARQUEE SIGN
BANNER
BEACON
BILLBOARD
BUILDING MARKER
BULLETIN BOARD SIGN
COMMERCIAL MESSAGE
CONSTRUCTION SIGN
DIGITAL SIGN
DIRECTIONAL SIGN
DIRECTORY SIGN
DISTANCE OF SIGN PROJECTION
FLASHING SIGN
FREESTANDING SIGN
GOVERNMENTAL FLAG
GROUND SIGN
HOLIDAY DECORATIONS
IDENTIFICATION SIGN
ILLUMINATION
INCIDENTAL SIGN
INTEGRAL ROOF SIGN
LUMINANCE
MARQUEE
NONCONFORMING SIGN
PENNANT
POLE OR PYLON SIGN
POLITICAL SIGN
PORTABLE SIGN
PRIVATE SALE OR EVENT SIGN
PROJECTING SIGN
PUBLIC SIGN
REAL ESTATE SIGN
RESIDENTIAL SIGN
ROOF SIGN
SIGN
SIGN FACE
SIGN HEIGHT
TEMPORARY SIGN
WALL SIGN
WINDOW SIGN
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Any sign which changes message or copy electronically
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.
Any sign giving the name or name and location of the occupants
of the building to which the sign is associated.
The horizontal distance from the exterior wall surface of
a building to the sign element the farthest distance from said surface.
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.
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.
Any fabric banner or bunting containing distinctive colors,
patterns or markings used as a symbol of a government, political subdivision
or institution.
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.
Decorations, with no commercial message, clearly incidental
to and customarily and commonly associated with any national, local
or religious holiday, displayed during appropriate seasons.
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.
The lighting of a sign supplied in any manner by an artificial
light source.
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.
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.
The intensity of light emitted form a surface per unit area
at its source. Luminance levels shall be measured at the face of the
object.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Any sign pertaining to the sale or lease of the premises
or a portion of the premises on which the sign is located.
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.
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.
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.
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).
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).
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.
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.
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)
Digital 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.
(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.
(10)
For digital signs only: contractor shall provide a statement indicating sign to be installed will be in conformance with all standards as noted in § 425-78L(3).
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.
(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.
(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.
(g)
For purposes of this chapter, a limited access highway such
as Route 55 shall be prohibited from erecting freestanding signage
along said frontage. Wall signage shall be allowed along a limited
access highway in accordance with the applicable signage standards.
(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.
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.
(3)
Digital signs shall be subject to the following provisions:
(a)
Digital signs shall contain a default design that will freeze
the sign in one position if a malfunction occurs.
(b)
The change from one display to the next shall be completely
accomplished within one second or less and the entire display shall
change at the same time.
(c)
All displays shall remain fixed for an interval of at least
eight seconds.
(d)
Digital signs shall not display any image that is flashing,
animated, moves, or appears to move. No digital sign shall be illuminated
by intermittent or moving letters, words and/or symbols of any type.
(e)
No digital sign shall be operated so that the meaning of one
display is continued on the next display.
(f)
Digital sign brightness shall not exceed the maximum luminance
level of 700 cd/m2 or nits at least 1/2
hour before apparent sunset, as determined by the National Oceanic
and Atmospheric Administration (NOAA), US Department of Commerce,
for the specific geographic location and date. The maximum luminance
level must not be exceeded throughout the night until apparent sunrise,
as determined by NOAA. Luminance levels shall be measured at the face
of the digital sign.
(g)
In the event a digital sign has malfunctioning sections which
are unable to display any message and could be potentially hazardous
to passing vehicles, the owner shall keep the digital sign in an "off"
state until appropriate maintenance can be performed to restore the
sign to proper working condition. The owner shall have 60 days to
repair the digital sign. After such time, the sign shall be removed
and any future signage will require submission and approval of a new
sign zoning permit.
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.
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.
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)
GATHERING PLACES
HARD COURT
IMPROVED AREA
SMALL FIELD SPORTS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
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.
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.
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.
[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.
STREAM
STREAM CORRIDOR
STREAM CORRIDOR BUFFER
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.
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.
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:
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.
(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.
BEST MANAGEMENT PRACTICES (BMP)
CONTAMINATION
DISCHARGE
HAZARDOUS SUBSTANCE
HAZARDOUS WASTE
POLLUTED WATER
PUBLIC COMMUNITY WELL
WELLHEAD
WELLHEAD PROTECTION AREA
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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.
The presence of any harmful or deleterious substances in
the water supply.
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.
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.
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.
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.
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.
The well bore hole and its attendant equipment.
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:
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]
(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:
(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.
