Borough of Glassboro, NJ Design and Performance Standards

To minimize the total number of wireless communication towers within the Borough of Glassboro;

To limit the impact of wireless communications antennas, towers and related facilities upon the residences and the streetscapes throughout the Borough of Glassboro;

To safeguard the prevailing and historic character of development throughout the Borough of Glassboro;

To encourage the location of antennas upon, or within, existing structures, including existing wireless communication towers, existing buildings, existing water towers or standpipes, and existing telephone and electric poles and towers, especially those existing structures situated on public property;

To encourage as many antennas as possible, of as many of the wireless communication carriers as possible, to be collocated on the fewest number of existing structures within the Borough of Glassboro;

To discourage the construction of new towers which do not have the likelihood of being used by a number of wireless communication carriers;

To encourage the communication carriers to configure their facilities in a manner that minimizes and mitigates any adverse impacts upon affected properties, streetscapes and vistas through careful design, siting, landscape screening and innovative camouflaging techniques;

To formulate and maintain, for land use planning purposes, a complete inventory of all wireless communications antennas, towers and related facilities within the Borough of Glassboro, and others in the vicinity of the Borough, which are capable of providing service within the Borough;

To enhance the ability of the carriers of wireless communications services who adhere to the letter and intent of these provisions to provide such services quickly, effectively and efficiently;

To comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7), which preserves local government authority to enforce zoning requirements which protect public safety, public and private property and community aesthetics; and

(11)

In recognition of the small size of the Borough of Glassboro, to determine whether there is adequate coverage from other sources outside the Borough of Glassboro from wireless communications facilities, which may eliminate the need to have a wireless communication facility within the Borough.

Overall comprehensive plan.

In order to effectuate the purposes, objective and goals of these provisions as noted hereinabove, any applicant to the Borough of Glassboro for approval to erect a wireless communication antenna, in addition to all other information required by this chapter, shall provide threshold evidence that the proposed location of the proposed antenna(s), and any proposed supporting tower and/or ancillary cabinets enclosing related electronic equipment, has been planned to result in the fewest number of antennas or tower locations within the Borough of Glassboro at the time full service is provided by the applicant throughout the Borough.

Therefore, the applicant shall provide an overall comprehensive plan indicating how it intends to provide full service throughout the Borough of Glassboro and, to the greatest extent reasonably possible, shall indicate why such antennas or towers are specifically required in the Borough of Glassboro and the availability of wireless communication antenna locations outside and around the Borough of Glassboro, and shall indicate how its plan specifically relates to and is coordinated with the needs of all other providers of wireless communication services within and around the Borough.

More specifically, the overall comprehensive plan shall include the following:

The mapped location and written description of all existing antennas and existing approved supporting structures within the Borough;

The map of GIS database location and written description of all existing or approved water towers or water standpipes and existing telephone or electric poles or towers within the Borough;

How the proposed location of the proposed antenna(s) specifically relates to the suitability or unsuitability of such existing structures to be utilized to provide the intended wireless communications;

How the proposed location of the proposed antenna(s) specifically relates to the anticipated need for additional antennas and supporting structures within and near the Borough of Glassboro by the applicant and by other providers of wireless communication services within the Borough;

How the proposed location of the proposed antenna(s) specifically relates to the objective of collocating the antennas of many different providers of wireless communication services on a single supporting structure; and

How the proposed location of the proposed antenna(s) specifically relates to the overall objective of the providing full wireless communication services within the Borough of Glassboro while, at the same time, limiting the number of towers to the fewest possible, including alternate technologies which do not require the use of towers.

Location priorities. Based upon the overall comprehensive plan submitted by the applicant in accordance with the requirements of this section above, if the Borough of Glassboro determines that the proposed antennas to be needed for the provision of full wireless communication services within the Borough, utilizing the fewest number of towers as reasonably possible, wireless communication antennas for telephone, radio, paging and/or television communication shall be permitted within the Borough at the following prioritized locations:

The first priority location shall be an existing or approved water tower or water standpipe, or any other existing telephone or electric pole or tower within or near the Borough of Glassboro, that is located in an approved zone for this conditional use. Any application for use of such lands and structures owned by the Borough of Glassboro must be accompanied by written consent from the Borough Council of Glassboro to the plan and shall be subject to a written lease with the Borough.

The second priority location shall be on any other lands owned by the Borough of Glassboro. Any application for use of such lands must be accompanied by written consent from the Borough Council of Glassboro to the plan and shall be subject to a written lease with the Borough.

The third priority shall be on lands situated within the Borough of Glassboro in other industrial districts set forth under Article VIII of this chapter.

Factors considered in granting site plan approval for antennas or towers. In addition to any standards for consideration of site plan approval applications pursuant to this Chapter 107, the Planning Board shall consider the following factors and make specific and separate written findings thereon in determining whether to issue site plan approval:

Height of the proposed tower or antenna;

Proximity of the tower or antenna to residential structures and residential district boundaries;

Nature of uses on adjacent and nearby properties;

Surrounding topography;

Surrounding tree coverage and foliage;

Design of the tower and antenna with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

Proposed ingress and egress; and

Availability of suitable existing towers and other structures within and outside the Borough, or alternative technologies not requiring the use of towers or structures as discussed in Subsection B below.

Availability of suitable existing towers or other structures or alternative technology. No new tower or antennas shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board, and said Board makes specific and separate written findings thereon, that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna either within or outside the Borough of Glassboro. An applicant shall submit information requested by the Board related to the availability of suitable existing towers, other structures, or alternative technology. Evidence submitted to demonstrate that no existing tower or structure within or outside the Borough of Glassboro or alternative technology can accommodate the applicant's proposed antenna may consist of the following:

No existing towers or structures are located within the geographic area required to meet applicant's engineering requirements.

Existing towers or structures are not of sufficient height to meet applicant's engineering requirements.

Existing towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.

The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable microcell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable. Costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.

Conditions for site plan approval of towers or installation of antennas. The applicant shall satisfy the following conditions enumerated below in order to obtain site plan approval for towers or installation of antennas:

Maximum tower height. The maximum height of any tower shall not exceed 100 feet, or a height not greater than that of an existing structure onto which the cellular communications antennas are intended to be placed. For purposes of measurement, the maximum tower height shall include any structures supported by the tower and any antenna.

Setbacks. The following setback requirements shall apply to all towers for which site plan approval is required.

Towers must be set back a distance equal to at least 125% of the height of the tower from any adjoining lot line, provided that the distance is no closer than the building setback applicable to the zone.

All required electronic equipment for all anticipated communication carriers to be located on the subject site shall be housed within a building which is no greater than 12 feet in height, and which building shall not exceed 250 square feet, and which shall be designed with a residential or office character of appearance and must satisfy the minimum zoning district setback requirements for the zoning district in which the building lies.

Separation. The following separation requirements shall apply to all towers and/or antennas for which site plan approval is required:

Separation from off-site uses/designated areas.

Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified in Table 1, except as otherwise provided in Table 1.

Separation requirements for the towers shall comply with the minimum standards established in Table 1.

	Table 1 Off-Site Use/Designated Line Separation Distance
	(measured from the nearest point of the tower or structure tower or structure upon which the antennas are mounted to the structure of the off-site use or designated line)
	Residence district, low-density residence district, low and moderate residential district, senior citizen overlay district	300 feet or 300% of the height of the tower or existing structure, whichever is greater, measured to the residential unit
	Vacant land in the residence district, low-density residence district, low and moderate residential district, and senior citizen overlay district which is either platted or has preliminary subdivision plan approval which is not expired	300 feet or 300% of the height of the tower or existing structure, whichever is greater, measured to the building setback line of the off-site use
	Vacant unplatted residentially zoned lands	150 feet or 150% of the height of the tower or existing structure, whichever is greater, measured to the property line
	Public park or conservation area	150 feet or 150% of the height of the tower or existing structure, whichever is greater, measured to the property line
	Nonresidentially zoned lands or nonresidentially uses.	Setbacks apply pursuant to Subsection H(2) above.

In addition to the above conditions for all permitted and permitted conditional uses, the applicant must satisfy all other conditions for site plan approval set forth in this Chapter 107.

Site plan submission and approval requirements.

The applicant shall provide to the Planning Board a specific written addressment of design details which conform with and set forth the following information:

Only if the wireless communication antennas cannot be located on an existing structure as set forth above, any proposed new tower shall be a monopole, unless the applicant can demonstrate, and the Planning Board agrees, that a different type of pole is necessary for the collocation of additional antennas on the tower.

To the greatest extent possible no antenna and/or its supportive tower shall be located so as to be visible from any historic district or site as duly designated by the Borough of Glassboro, the State of New Jersey or by the federal government.

To the greatest extent possible, no new tower shall be located to be visible from any public street.

To the greatest extent possible, all cables shall be installed within underground conduits.

Any new tower shall be located behind existing buildings and/or natural topographic elevations in order to screen the tower's base from being visible from adjacent properties and from any street right-of-way.

The color of and any camouflaging of the proposed tower shall be proposed by the applicant in the context of the visibility of the tower from different vantage points throughout the Borough, and the existing land uses and vegetation in the vicinity of the subject site.

No antenna shall be located on any tower in order to provide service provider personnel the equivalent of wireline telephone service; such service shall be provided via existing telephone lines if available to the site, or the underground extension of telephone lines to the site if necessary.

No lighting is permitted on the tower except lighting that specifically is required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties. The applicant shall provide to the Planning Board all applicable FAA standards regarding lighting that may apply to the proposed tower.

No signage is permitted, unless warning and/or equipment information signs are necessary for safety purposes and are specifically approved by the Planning Board.

Minimal off-street parking shall be permitted as needed and as specifically approved by the Planning Board.

Between the location of the tower and the building enclosing related electronic equipment and any public street or residential dwelling unit or residential zoning district within view of the tower and the building, landscaping shall be provided in accordance with the following:

The landscaping shall consist of a combination of existing and/or newly planted evergreen and deciduous trees and shrubs of sufficient density to screen the view of the tower, particularly at its base, to the maximum extent reasonably possible, and to enhance the appearance of the building from the surrounding residential properties and any public street;

The landscaping plan shall be prepared by a licensed landscape architect who shall present testimony to the Planning Board regarding the adequacy of the plan to completely screen the tower from view and to enhance the appearance of the building; and

Any newly planted evergreen trees shall be at least eight feet high at the time of planting, and any newly planted deciduous trees shall be a minimum caliper of two inches at the time of planting.

Wireless communication antennas, and any proposed supporting tower and related electronic equipment shall require preliminary and major site plan approval as required under §§ 107-30 and 107-31 of this chapter.

In addition to the applicable documentation and items of information required for preliminary and final major site plans specified in this chapter, the following additional documentation and items of information specific to wireless communication antennas are required to be submitted to the Planning Board for review and approval as part of the submission of the preliminary site plan application:

Documentation by a qualified expert that any existing structure proposed for the location of the antenna will have sufficient structural integrity to support the proposed antennas, and that the safety hazards resulting from ice falling from the structure and the antennas have been adequately mitigated;

Documentation by a qualified expert that any proposed tower will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association (TIA) have been met;

A letter of intent by the applicant, in a form which is reviewed and approved by the Borough Attorney, indicating that the applicant will share the use of any tower with other approved wireless communication service providers at reasonable rates which shall be economically viable;

A visual sight distance analysis, including photographic reproductions of a crane or balloon test, graphically simulating the appearance of any proposed tower, with at least three antenna arrays attached thereto, from at least 15 locations around and within one mile of any proposed tower where the tower will be most visible. The applicant shall schedule the time of the crane or balloon test with the Borough Engineer in order to provide the members of the Planning Board and general public the opportunity to view the crane or balloon.

Written approval from the Glassboro Council for use of Borough owned structures or land when the application involves Borough owned structures or property.

Evidence from an independent expert that all equipment will comply with the then current Federal Communication Commission (FCC) rules and regulations, including that radio frequency (RF) emissions will be within the FCC guidelines. Any approval shall contain a condition that the applicant shall provide a further report to the Borough Engineer from an independent expert that the RF emissions are within the FCC guidelines within 90 days after installation is complete and that upon any change in FCC guidelines or regulations governing same the applicant shall within 120 days of such change provide a report to the Borough Engineer from an independent expert that the RF emissions are within the revised FCC guidelines or regulations.

In addition to its normal professional staff, given the technical and specialized nature of the testimony by the applicant's radio frequency expert(s), the Planning Board shall hire its own radio frequency expert to review and comment upon the testimony presented by the applicant. Additionally, based upon other testimony presented by the applicant, the Planning Board may hire other experts with specialized areas of expertise if deemed necessary.

Restoration provisions. Except for proposals to locate antennas on lands owned by Glassboro, the applicant (and the landowner in the instance of a lease property) shall provide a performance bond and/or other assurances satisfactory to the Planning Board and in a form approved by the Borough Attorney that will cause antennas, any supporting tower, the electric equipment cabinets, any building enclosing the electronic equipment cabinets, and all other related improvements to the land to be removed, at no cost to the Borough when the antennas are no longer operative. Any wireless communication antenna facility not used for its intended and approved purpose for a period of six months shall be considered no longer operative and shall be removed by the responsible party within 60 days thereof.

§ 107-39 Cluster development.

The purpose of this section is to provide flexibility and cost savings in developing land, to encourage design alternatives that will promote the conservation of energy and maximize the utilization of renewable energy sources, and to set aside desirable open spaces, common property, conservation areas, floodplains, school sites, recreation areas and parks, and/or land for other public purposes. These alternatives are brought about by permitting a reduction in lot sizes without increasing the number of lots.

Cluster developments may be approved in accordance with the following standards:

All dwelling units shall be connected to approved and functioning central water and central sanitary sewage treatment systems.

The minimum size tract shall be as set forth in the Zoning Ordinance.

The maximum number of lots or dwelling units shall be as set forth in the zoning provisions of this chapter. The area of residential lots shall not include areas for detention basins and similar water management functions as set forth in § 107-42D.

A minimum percent of the total tract to be set aside for either open space, common property or public areas excluding street rights-of-way shall be as set forth in the zoning provisions of this chapter except that slopes exceeding 15%, wetlands, and flooding areas shall receive only half credit.

Lands offered to the Borough or homeowners' association shall meet the following requirements:

The minimum size shall be one acre if offered to the Borough.

Lands for recreation purposes shall be improved by the applicant including the specific type of recreation facility including equipment, walkways and landscaping and shall have sufficient dimensions for the intended purposes. (See also § 107-58.1.)

Such lands shall be an integral part of the development and designed, improved and located to best suit the purpose(s) for which it is intended.

Every parcel accepted by the Borough shall be conveyed by deed at the time final plat approval is granted.

Concurrence of governing body procedure. A copy of the proposal to dedicate land to the Borough shall be transmitted to the governing body. The acceptability of the land shall be subject to the approval of the approving authority and the governing body. Both shall be guided by the Master Plan, the ability to assemble and relate such lands to an overall plan, the accessibility, size, shape and potential utility of such lands to serve the intended purpose and for reasonable maintenance, and such existing features as topography, soils, wetlands, and tree cover as these features may enhance or detract from the intended use of the land. The improvements to such dedicated land shall include, but not be limited to, stream cleaning, wetlands restoration and cleaning, any restorations required due to hazardous, toxic, or other environmental problem(s), and similar matters in addition to any park and recreation improvements decided upon during the review of the development application.

§ 107-40 Corner lots.

Any principal or accessory building located on a corner lot shall have a minimum setback from both street lines equal to the required front yard. The remaining two yards shall be considered side yards for the purpose of this chapter.

§ 107-41 Curbs and gutters.

[Amended 9-13-1977 by Ord. No. 77-16; 11-14-1995 by Ord. No. 95-20; 9-9-1997 by Ord. No. 97-8]

Unless waived by the approving authority, concrete curb shall be installed along all streets and along all edges of pavement within a site. Curbs shall be installed at all intersections. Where installed, the standard curb section shall be 10 feet in length with preformed bituminous cellular-type expansion joint material on not more than twenty-foot centers, shall be set in accordance with approved lines and grades, and radial curbs shall be formed in a smooth curve. Chord segments are prohibited. The finish shall be a smooth float finish with corners rounded. Concrete curbs shall be eight inches at the base by 18 inches in height with a six-inch exposed face, using Class B concrete having a twenty-eight-day compressive strength of 4,500 psi and shall be air-entrained. The curbing shall be designed to provide barrier-free curb ramps constructed in accordance with the "Design Standards for Curb Ramps for the Physically Handicapped" of the New Jersey Department of Transportation including a nonskid surface. Where curbs are waived, or where alternate curbs are allowed such as granite block or rolled concrete curb, an appropriate construction detail shall be submitted for approval and other equivalent or better methods of stabilizing stormwater shall be approved.

§ 107-42 Drainage.

[Amended 4-22-2003 by Ord. No. 03-12]

Purpose. It is hereby determined that lakes, wetlands and waterways within the municipality are at times subject to flooding; that such flooding is a danger to lives and property of the public; that such flooding is also a danger to the natural resources of the municipality, the county and the state; that development tends to accentuate such flooding by increasing stormwater runoff due to alteration of the hydrologic response of the watershed in changing from the undeveloped to the developed condition; that such increased flooding produced by the development of the real property contributes increased quantities of waterborne pollutants, and tends to increase channel erosion; that such increased flooding, increased erosion and increased pollution constitute deterioration of the water resources of the municipality, the county and the state; and that such increased flooding, increased erosion and increased pollution can be controlled to some extent by the regulation of the stormwater runoff from such development; it is therefore determined that it is in the public interest to establish standards to regulate the additional discharge of stormwater runoff from such developments as provided in this section.

Goals and objectives. In order to protect, maintain and enhance both the immediate and long-term health and general welfare of its citizens, the Borough of Glassboro has established the following goals and objectives for stormwater control:

To ensure that stormwater runoff after development of a site will approximate the same rate of flow and timing of the stormwater runoff that occurred under predeveloped conditions.

To maintain adequacy of existing and proposed culverts and bridges, dams and other conveyance structures.

To minimize to the greatest extent possible the transport of pollutants to receiving waters necessary for the preservation of the chemical, physical and biological integrity of those waters.

To minimize erosion and sedimentation from any development or construction project.

To minimize to the greatest extent possible the stagnation of undrained surface water to prevent the creation of environmental hazards arising from the stagnation of the water, such as mosquito breeding.

Applicability.

The criteria within this section are applicable to all site plans and major subdivisions as defined in this chapter.

The criteria within this section shall apply to any construction of one or more of the following uses, except where permitted, and subject to a New Jersey Pollutant Discharge Elimination System (NJPDES) permit or an approved DPCC plan:

Pipelines, storage or distribution systems for petroleum products or chemicals.

Storage, distribution or treatment facilities (excluding on-site sewage disposal systems) for liquid waste.

Solid waste storage, disposition, incineration or landfill.

Mines, borrow pits or other resource extraction uses.

Land application of sludge or effluents.

Storage, distribution or treatment facilities for radioactive wastes.

In the case of projects for which county and/or state as well as municipal approval of proposed drainage facilities are required, the applicants shall be required to comply with all provisions of this chapter. In cases where county and/or state standards differ from those defined in this chapter, the strictest standard shall apply.

Methods of management.

Stormwater management systems.

It will be the policy of the municipality to required the use of detention basins wherever possible. Facilities associated with the proposed method of management will require maintenance in accordance with Subsection H of this section. The following is a listing of detention and control methods which may be utilized in stormwater management systems. If appropriate, however, the choice of control techniques is not limited to the ones appearing on this list:

Detention basins.

Rooftop storage.

Parking lot storage.

Grassed channels and vegetated strips.

Routed flow over grass.

Decreased impervious area coverage.

Infiltration basins, subsurface storage structures and other infiltration measures are strongly discouraged by the municipality.

The use of other control methods which meet the criteria in this section may be permitted. Various combinations of methods should be tailored to suit the particular requirements of the type of development and topographic features of the project area.

The system chosen for stormwater management shall be adequate to carry off or store, subject to the goals and objectives of this chapter as outlined in Subsection B of this section, the stormwater and natural drainage water which originates not only within the subdivision or site plan boundaries, but also that which originates from the total natural watershed to the point in question. No stormwater runoff or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands without proper and approved provisions being made for taking care of these conditions.

All stormwater management plans shall illustrate the pathway of positive outflow to the nearest stormwater easement, stream, lake, pond or other natural watercourse. The design engineer must consider and describe, in writing, the effects the pathway of positive outflow will have on the downstream properties. Prior to receiving final approval and/or prior to the start of any on-site construction, regarding and/or receipt of a Zoning/construction permit, the applicant shall obtain the necessary easements corresponding to the flow patterns illustrated on the plans should those patterns affect the present or future use of adjoining parcels by increasing the quantity of runoff over the adjoining parcels.

Drainage structures which are located on state or county highway rights-of-way shall be approved by the appropriate state or county agency, and a letter from that office indicating such approval shall be directed to the Chairman of the approving authority and shall be received prior to final approval and/or prior to the start of any on-site construction, grading and/or receipt of a zoning/construction permit. Drainage structures proposed on a stream or within a one-hundred-year floodplain must be approved by the New Jersey Department of Environmental Protection, Division of Coastal Resources, and a letter from that office shall be directed to and received by the approving authority Chairman prior to granting of final approval and/or prior to the start of any on-site construction, grading and/or receipt of a zoning/construction permit.

Where a subdivision or site plan is traversed by a watercourse, surface or underground drainage system, channel, or stream, there shall be provided and dedicated a drainage easement to the municipality conforming substantially to the lines of the drainage system, and such further width as necessary for construction and/or maintenance, meeting any minimum widths and locations shown on any adopted Official Map and/or Master Plan. Such easement dedication shall be expressed on the plan as follows: "Drainage and utility easement granted to the Borough of Glassboro for the purposes provided for and expressed in the Land Use Regulations Ordinance for the Borough of Glassboro."

The applicant/owner of all development applications which propose any type of stormwater management improvements will be required to enter into an agreement with the municipality which saves harmless this municipality and its officials and agents from any and all claims resulting from the design, construction, and maintenance of said improvements. This agreement is to be in a form acceptable to the Board Solicitor and Township Solicitor and must be executed by all parties prior to the issuance of a Zoning/construction permit and prior to the start of any construction.

Standards.

General standards. The project plans submitted shall demonstrate careful consideration of the general and specific concerns, values and standards of the Municipal Master Plan and applicable county, regional and state storm drainage control programs and County Mosquito Commission control standards, and shall be based on environmentally sound site planning, engineering and architectural techniques.

Specific standards.

Flood and erosion control. A detention/infiltration facility must accommodate site runoff generated from two- , ten- , fifty- and one-hundred-year twenty-four-hour storms considered individually (in each case, a Type II rainfall distribution as defined in the Soil Conservation Publications). Runoff greater than that occurring from the one-hundred-year twenty-four-hour storm will be passed over an emergency spillway. Detention will be provided such that, after development, neither the peak rate of flow from the site nor the total flow during the hour of maximum release will exceed the corresponding flows which would have been created by similar storms prior to development.

Water quality control. In order to enhance water quality of stormwater runoff, all stormwater management plans must provide for the control of a water quality design storm. The water quality design storm shall be defined as the one-year frequency SCS Type III twenty-four-hour storm or a one-and-one-fourth-inch two-hour rainfall. The water quality design storm shall be controlled by one of the following practices:

In dry detention basins, provisions shall be made to ensure that the runoff from the water quality design storm shall only pass through a single-stage outflow structure, and that not more than 90% of the storm will be evacuated from the basin prior to 36 hours for nonresidential development and 18 hours for residential projects. The detention time shall be considered a brim drawdown time and therefore shall begin at the time of peak storage. The detention time shall be reduced in any case which would require an outlet size diameter of three inches or less. Therefore, a three-inch-diameter orifice shall be the minimum allowed.

In permanent ponds or wet detention basins, the water quality requirements of this chapter shall be satisfied where the volume of permanent water is at least three times the volume of runoff produced by the water quality design storm.

Where permitted, infiltration practices such as dry wells, infiltration basins, infiltration trenches, etc., may be used to satisfy this requirement, provided that they produce zero runoff from the water quality design system and allow for complete infiltration within 24 hours.

In all cases, multiple level outlets or other fully automatic outlets shall be designed so that discharge rates from the development for the design storms will not be increased from what would occur if the development were not constructed. Outlet waters shall be discharged from the development at such locations and velocities as not to cause additional erosion or channels downstream of the development.

If detention basins or other detention facilities are provided through which water passes at times other than following rainfall, the approving authority should be consulted concerning design criteria. It will be necessary for detention requirements to be met, despite the necessity of passing certain low flows. This applies to all on-stream or on-line detention basins.

Dams. Any stormwater basin that impounds water through the use of an artificial dike, levee or other barrier and raises the water level five feet or more above the usual mean low water height when measured from the downstream toe-of-dam to the emergency spillway crest if classified as a dam and subject to N.J.A.C. 7:20, the New Jersey Dam Safety Standards. All such dams must be designed, constructed, operated and maintained in compliance with the rules of N.J.A.C. 7:20.

In many instances, the provisions of separate detention facilities for a number of single sites may be more expensive and more difficult to maintain than provisions of joint facilities for a number of sites. In such cases, the municipality will be willing to consider provisions of joint detention facilities which will fulfill the requirements of this regulation. In such cases, a properly planned phased program of detention facilities may be approved by the municipality in which compliance with some requirements may be postponed during the early phases while preliminary phases are being undertaken and funds are being accumulated. The necessary planning to facilitate such arrangements may be accomplished by Phase II planning under provisions of N.J.A.C. 7:8.

Design standards for detention basins.

Detention/infiltration basins will not be permitted within the required front, side or rear yards, nor within 10 feet of those yards, of residential properties. Detention/infiltration basins will not be permitted within the required front, side or rear yards of nonresidential properties nor within buffers within sight triangle areas, nor within 10 feet of any nonresidential property line unless the following standards are met:

Depth of basin shall not exceed two feet (one foot for infiltration basin) as measured from the top of the basin and/or berm to the bottom of the basin.

A minimum ten-foot wide landscaped buffer shall be provided around the perimeter of the basin. This buffer must be designed in accordance with Subsection G of this section.

The side slopes of the basin shall not exceed 5:1.

All detention/infiltration basins must have length-to-width ratios of at least 2:1, maximize to the greatest extent practicable the distance between basin inflow and outflow, and maximize the recharging of groundwater.

The bottom of all detention basins must be at least two feet above the seasonal high groundwater level unless a method of underdraining the basin is provided which is acceptable to the approving authority. In no case shall a basin bottom be constructed below seasonal high groundwater.

A minimum of two soil borings shall be required for all detention basins. For all basins with surface area of 1/2 acre or more, borings will be required at a rate of one boring per each 1/2 acre in addition to the initial two borings per facility. Proposed boring locations shall be distributed throughout the proposed basin area to accurately represent the soil conditions of the total basin area. All borings must extend at least five feet below the proposed bottom of the detention facility. Soil boring information shall be displayed on preliminary plans and include:

The soil texture as described in the United States Department of Agriculture Soil Texture Classification System.

The soil colors as described in the Munsell Color Chart.

The estimated depth to seasonal high groundwater based on mottling characteristics of the soil.

The depth to static water level at the time of boring.

[e]

Vegetation types immediately surrounding the area of the boring.

[f]

The percolation test results.

[g]

The date of the borings.

The side slopes of all detention/infiltration basins shall not exceed 3:1 (4:1 preferred).

The bottom of the detention basin shall be sloped to the low flow channel with a minimum grade of 1.5%. This minimum grade may be waived depending on the soil conditions of the site, which shall be left to the discretion of the approving authority.

At inflow points to detention/infiltration basins, energy dissipaters must be incorporated to reduce the velocity of inflowing waters to nonerosive levels.

All detention basins must have a concrete low flow channel from the inflow point into the basin to the outlet control structure. The minimum grade of the low flow channel shall be 0.3%. At the discretion of the approving authority, this standard may be waived depending on soil conditions at the site.

All detention basins shall have a sediment trap at the outlet control structure with the appropriate design capacity to handle the accumulated soil deposits for a one-year duration under developed conditions. Calculations for sizing the sediment trap must be for a seventy-percent trap efficiency in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey, and such calculations must be submitted with the stormwater management report. This calculated sediment storage shall not be considered to be a part of the available basin flood or water quality storage.

[10]

If an orifice or weir structure is proposed as the outlet control structure, then a removable trash rack must be provided over the opening to prevent large debris from blocking the openings. The maximum size of the openings in the trash rack shall be less than the smallest dimension of the opening of the outlet structure. The trash rack shall be designed so as to not impede the flow through the outlet structure and shall be made of corrosion-resistant and durable material. A suggested design is the construction of a trash rack on a top hinge to protect it from accidental displacement or theft and to allow easy access to the outlet structure for maintenance.

[11]

All outlet control structures shall be designed to prevent the formation of a vortex within the basin. Antivortex devices shall be implemented as required.

[12]

All principal outlet structures shall be concrete block or reinforced concrete. All construction joints are to be watertight, and all exposed concrete edges shall have a chamfer of one inch, 45°, unless otherwise approved by the approving authority.

[13]

Outlets from detention/infiltration facilities shall be designed to function without manual, electrical or mechanical controls.

[14]

To minimize the chance of clogging and to facilitate cleaning, outlet pipes shall be at least 15 inches in diameter.

[15]

Where necessary, twelve-inch-thick concrete antiseep collars are to be installed along outlet pipes. Reinforcement steel shall be No. 5 bars at 12 inches both ways with two inches of cover on both faces (minimum).

[16]

Where necessary, a concrete cradle shall be provided for outlet pipes.

[17]

Water-tolerant species of vegetative cover for detention/infiltration basin usage must be employed. See Subsection G(3)(d) for selection standards for ground covers and soil stabilization seed mixes.

[18]

Landscaping is required for all stormwater management facilities as specified in Subsection G of this section.

[19]

In cases where fence is to be installed, a twelve-foot opening shall be provided for vehicular access. The access shall connect to a paved street by means of a fifteen-foot wide paved access lane. Within subdivisions, this access shall be within a fifty-foot wide right-of-way. The fence shall not extend beyond the building setback line associated with a street.

[20]

Access must be provided to the bottom of all detention basins by means of a stable accessway at a maximum slope of 5:1. The use of concrete pavers is a suggested method of stabilizing accessways against erosion problems caused by maintenance vehicles.

Detention/infiltration facility embankments.

Minimum top widths.

The minimum top widths of all dams and embankments are listed below. These values have been adopted from the Standards for Soil Erosion and Sediment Control in New Jersey published by the New Jersey State Soil Conservation Committee.

	Minimum Top Widths
	Height (feet)	Top Width (feet)
	0 to 15	10
	15 to 20	12
	20 to 35	14

For infiltration basins, the minimum top width shall be 15 feet to accommodate the required accessway.

An emergency spillway and freeboard shall be provided for all detention/infiltration basins that require the construction of an embankment. The emergency spillway shall be designed to pass the one-hundred-year storm under a maximum of nine inches of head, considering the outlet control structure to be entirely ineffective. In the case of infiltration basins, the facility shall be considered to be 50% full at the start of the storm. A minimum of 12 inches of freeboard shall be provided above the invert of the emergency spillway.

All earth fill shall be free from brush, fill and organic material subject to decomposition and construction debris.

The design top elevation of all dams and embankments, after all settlement has taken place, shall meet the emergency freeboard requirements as listed in Subsection E(2)(h)[2] above. Therefore, the design height of the dam or embankment, defined as the vertical distance from the top down to the bottom of the deepest cut, shall be increased by the amount needed to ensure that the design top elevation will be maintained following all settlement. This increase shall not be less than 5%. Where necessary, consolidation tests of the undisturbed foundation soil shall be required to more accurately determine the necessary increase.

The fill material in all earth dams and embankments shall be compacted to at least 95% of the maximum density from compaction tests performed by the appropriate method in ASTM D698.

Maximum side slopes for all dams and embankments are 3:1 (4:1 preferred).

Safety ledges shall be constructed on the side slopes of all detention basins having a permanent pool of water. The ledges shall be four to six feet in width and located approximately 2 1/2 to three feet below and one to 1 1/2 feet above the permanent water surface.

The upstream face of all dams and/or embankments of detention basins having permanent pools of water shall be stabilized.

Detention facilities in flood hazard areas.

Wherever practicable, developments and their detention/infiltration facilities should be beyond the flood hazard area of a stream. When that is not possible and detention facilities are proposed to be located partially or wholly within the flood hazard area (as defined by the New Jersey Division of Coastal Resources, Bureau of Floodplain Management) or other areas which are frequently flooded, some storm conditions could potentially make the facility ineffective at providing detention of site runoff. This will happen if the stream is overflowing its banks resulting in a backwater effect in the basin. In such cases, the full effects of the backwater shall be taken into account within the calculations, and various parameters of the tailwater, such as the relative timing of the peak, duration and magnitude, shall be identified.

Where the detention facility is located within the one-hundred-year floodplain, detention storage shall not be calculated as a part of the net fill volume for the site (required as part of a stream encroachment permit, N.J.A.C. 7:13). All fill such as basin berms, structures, etc., should be included as part of the net fill volume.

As-built certification.

When excavated and completed, a professional engineer shall certify in writing to the municipality that the stormwater facility and storm sewer collection system has been constructed in substantial compliance with the approved plan and that it will operate as intended by the design, taking into consideration all soil and water conditions encountered during construction. (This shall be done prior to any certificate of occupancy being issued.)

As-built percolation test results on the same quantity basis as described in Subsection E(2)(g)[4] above may be required if the basin has been used as a place for sediment accumulation during the construction process.

As-built permeability and specific yield tests shall be provided for all infiltration basins meeting the same requirements as and on the same quantity basis as Subsection E(2)(h)[4] above.

As-built plans must be submitted for all stormwater control facilities.

All stormwater facilities to be owned by the municipality must be cleaned and inspected before municipal acceptance.

Standards for storm sewer collection systems.

For both major and minor developments, blocks and lots shall be graded at a minimum grade of 1.5% to ensure proper drainage away from all buildings to prevent the collection of stormwater in pools and to avoid concentrations of stormwater on adjacent lots.

Dished gutters shall not be permitted in cases where:

They would cross a through street.

They would cross arterial or collector streets.

The depth of flow would exceed two inches.

The width of flow would exceed five feet.

Drainage structures. All drainage structures, including manholes, inlets, headwalls, sections and box culverts, shall conform to the current details of the New Jersey Department of Transportation. Unless approved otherwise by the approving authority, all curb inlets shall be standard Type B with curb piece heights equal to the exposed curb face of the adjacent curb plus two inches. All lawn inlets shall be standard Type E. When the pipe size is such as to require a larger structure, standard Type B1, B2, E1 or E2 shall be used. If still larger sizes are required, they shall be specifically detailed using standard frames and grates.

Bicycle safe grates shall be utilized for all inlets in roadway and parking areas.

Pipe bedding shall be provided as specified in the latest edition of Design and Construction of Sanitary and Storm Sewers, ASCE Manual and Reports on Engineering Practice No. 37, prepared by a Joint Committee of the Society of Civil Engineers and the Water Pollution Control Federation, New York, 1969.

Concrete pipe shall be utilized beneath roadways and parking areas or any area expected vehicular traffic.

Storm drain pipes shall be reinforced concrete acceptable to the approving authority and shall be of the size specified and laid to the exact lines and grades acceptable to the approving authority. Circular reinforced concrete pipe and fittings shall conform to AASHTO Specification M-170. Elliptical reinforced concrete pipe shall meet the requirements of AASHTO Specification M-207. Joints for rigid pipe shall be made with mortar, grout or rubber caskets. Other types of joints recommended by the pipe manufacturer may be permitted. All pipe shall be Class III strength except where stronger pipe is necessary.

All discharge pipes shall terminate with a precast concrete or a cast-in-place concrete headwall, with or without wingwalls, as conditions require.

Nonpipe culverts. All nonpipe culverts shall be designed for American Association of State Highway Officials H20-44 loading. All culverts of any type shall terminate with headwalls or other approved end treatment.

Wet detention basins and lakes. Any wet detention basin or lake construction shall provide a minimum water depth of five feet. Such facilities shall also be designed in a manner which is sensitive to the environment. Wet infiltration basins are not acceptable.

Guide rails and/or railing shall be placed at all drainage structures where the interests of pedestrian or vehicular safety would dictate. Fencing shall be three-rail, split-rail fencing with black- or green-clad cyclone fencing attached to the backside of the fence.

[Amended 11-14-1995 by Ord. No. 95-20]

Calculation methods.

Detention/infiltration facilities. For the purpose of determining the quantity and rate of runoff prior to and following development, the latest version of the Soil Conservation Service's Technical Release No. 55 shall be used. This methodology shall serve as the basis for determining the required storage capacity, subject to the guidelines identified in previous sections of this chapter, and will also serve as the basis for determining release rates from the two- , ten- , fifty- and one-hundred-year storms.

Calculations shall be computed on the basis of all areas upstream of the parcel(s) in question. Peak rates of runoff shall be computed for the entire design area and design release rates computed on the basis of existing conditions for the entire watershed.

Maximum curve number.

Maximum curve number values suitable for use in computing runoff values for on-site undeveloped conditions are as follows:

	Hydrologic Soil
	Group	CN
	A	25
	B	55
	C	70
	D	77

In addition, all existing uses must be considered to be in good condition.

Type III rainfall distribution must be used when calculating flow rates.

Rainfall values for each of the storms used in designing detention/infiltration facilities include;

	Storm Event (year)	Total Rainfall (inches)
	1	2.8
	2	3.5
	10	5.5
	50	6.8
	100	7.6

The applicant must identify:

The peak rate of runoff making adjustments as required for percentage of watershed that is ponding and swampy area as described in TR-55. The tabular method described in TR-55 shall be used for calculating runoff rates.

The relative timing of the peak rate of discharge following the onset of the storm within the stormwater calculations.

Detention basins and partial detention basins shall be sized by routing each of the required design storms using reservoir routing or other acceptable routing methods. The TR-55 method for estimating required storage volumes in detention basins shall not be acceptable.

Percolation shall not be considered as outflow or a portion of the outflow during a storm event when sizing a detention/infiltration facility.

Existing and proposed drainage subareas and site soil conditions shall be shown on the plans. In addition, the actual acreage of each drainage subarea and the total drainage area acreage shall be labeled on the plans. Also, the flow path used for the calculation of time of concentration shall be shown graphically for each drainage area within the drainage calculations or on the plans.

For storm sewer design, the Rational Method (Q = CiA) shall be utilized for calculating runoff (unless a more sophisticated method is required) subject to the following criteria:

The minimum design requirements for storm sewer shall be the ten-year storm to low points with a relief swale, or twenty-five-year storm, where totally carried in a pipe.

Runoff generated by storms of greater intensity (up to and including the one-hundred-year storm) shall be directed towards detention basins or alternative detention/infiltration facilities on the site.

Coefficient of runoff.

The coefficient of runoff (C) shall not be less than the values stated below unless well documented and approved by the approving authority:

	Surface	Minimum C
	Structures; pavements	0.90
	Cultivated dense or clay soils	0.30
	Cultivated sand or loam soils	0.25
	Meadows; rural areas	0.20
	Heavily wooded areas	0.15

Overall drainage runoff factors will not, in general, be less than the following:

	Development	Minimum C
	To limits of improvements	0.70
	One-fourth-acre residential	0.50
	One-half-acre residential	0.40
	One-acre residential	0.30

The above tables are intended as minimum design standards. They are not mandated design criteria. Actual C values should be calculated as a composite of the proposed coverages.

Rainfall intensity (I) shall be computed as a function of time of concentration by generally accepted procedures found in Seeleys, algebraic equations, TR-55, etc.

Area (A) shall include all off-site acreage draining onto or through the site.

Inlets shall be specified with cast curb piece inlets attached. Inlets shall be depressed two inches to increase capacities on grade and to reduce ponding at low points.

Single Type B inlets shall not be designed to receive more than 5 1/2 cubic feet per second in sump, regardless of head. Inlets on grade shall be designed to intercept the gutter flow in accordance with accepted engineering practice.

Hydraulics shall be computed using Manning's Equation or generally accepted nomographs for pipe flow. In general, pipes shall be designed flowing full without head conditions for the ten-year storm (minimum). The only exception to this criterion is parking lot ponding where the depth, extent and duration of ponding must be identified and shown on the plans.

Minimum friction factor (n) for concrete pipe shall be 0.013.

Minimum pipe diameter shall be 15 inches. Maximum distances between manholes or inlets shall be 500 feet.

Downstream crown inverts shall be placed equal to or lower than upstream crown inverts in all manholes and inlets. In general, a cover of one pipe diameter shall be maintained over the drainage pipe. If this is not possible, the proposed design must be justified based on pipe class, bedding, loading, etc.

Velocities in closed conduits shall be at least two feet per second but not more than the velocity which would cause scour erosion damage to the conduit.

When calculating hydraulic capacity, the design engineer shall consider head losses due to excessive velocities, bends, junctions, etc. Where such losses are significant, further calculations shall be performed to determine the extent and effect of these losses.

Where appropriate, hydraulic capacity shall be based on tailwater analysis and/or the one-year high tide.

Landscaping.

All plants and planting for stormwater management areas shall conform to the guidelines established in the Revised New Jersey Manual for Best Management Practices for Control of Nonpoint Source Pollution from Stormwater (Appendix A, Landscaping Guidelines for Stormwater BMPs) and the Soil Erosion and Sediment Control Act of the New Jersey Department of Agriculture. Well-designed stormwater basins and swales can be visually pleasing at the same time as they protect the health, safety and welfare of Borough residents. The municipality requires, where possible, that stormwater management basins be designed to imitate naturalistic land formations with irregular perimeters that subtly blend into the surrounding topography. These improvements can be created in one of three ways:

Open space.

This landscape concept is appropriate where a detention basin is the primary feature of the open space, or is adjacent to existing open space that can be expanded. It may also be appropriate for smaller, highly visible basins where a visually pleasing open space will enhance the landscape. The area shall be graded creatively to blend into the surrounding landscape and the overall design of the site (e.g., a basin with an informal, meandering edge and gentle berming that imitates a natural depression).

Planting along the perimeter of the area shall reinforce the design concept of the basin and the site. At least 75% of the perimeter of the basin shall be planted to an average depth of 10 feet. No planted area shall be less than 10 feet deep. The plantings shall be a mixture of evergreen shrubs and trees, deciduous shrubs, shade trees, and ornamental trees. A minimum of 50% of the plants shall be evergreen, to provide year-round screening and interest.

Reforestation.

This landscape concept is appropriate for detention basins and drainage areas that are not highly visible or are adjacent to areas of mature woodlands, conservation areas, or wetlands. It will reestablish the disturbed area to a revegetated, stable, natural landscape over time. The area shall be graded creatively to blend into the surrounding landscape and the overall design of the site. Shade trees shall be planted around the perimeter of the basin, on the banks and in the interior of the basin, as appropriate, at the rate of one tree for every 400 square feet of area. Trees shall be planted in groves and spaced five to 20 feet on center. Of the total quantity planted, at least 10% must be 2.5 inches to three inches caliper, 20% must be 1.5 inches to two inches caliper, and 70% may be eight feet to 10 feet whips.

The ground plane shall be seeded with naturalization, wildflower and/or meadow seed mix. The proposed blend must be specified on the plans and approved by the Borough Landscape Architect. All woody or herbaceous plants shall be species indigenous to the area and/or tolerant of typical wet/dry floodplain conditions.

Note that basins using this design criteria for landscaping may not comply with the perimeter planting standards used throughout this section.

Stormwater retention ponds.

This landscape solution may be created in one of several forms, from formal reflecting pools, canals and entry fountains to natural, park-like lakes and ponds. The water's edge shall be easily maintained and stable.

A continuous, cohesive landscape perimeter shall be provided. Planting of the perimeter of the retention pond should accentuate the views, and incorporate pedestrian paths, sitting areas and other appropriate uses. Planting shall include formal or informal masses of deciduous and evergreen trees and shrubs to screen and frame views, with ornamental or shade trees, shrubs and grasses used for visual interest or special effects as appropriate to the design. Plants with pervasive root systems shall not be located where they might cause damage to drainage pipes or other underground utilities. The total planting area shall equal 75% of the perimeter as defined in § 107-42G(1)(a) above.

Perimeter basin landscape plantings shall meet the following minimum sizes at the time of installation:

Shade trees: 2.5 to 3.0 inches caliper.

Ornamental trees: eight feet in height.

Evergreen trees: six feet in height.

Tall evergreen and deciduous shrubs: 2 1/2 to three feet in height.

Low evergreen and deciduous shrubs: 18 inches to 24 inches in height.

Plant material and planting standards for stormwater basins.

As a general standard, one shade tree shall be planted for each 45 linear feet of the basin perimeter. Shade trees shall be located along the side of basins abutting a street and around or along the perimeter of the basin. The trees may be planted in clusters, with shrubs, perennials and ground covers to create a naturalistic visual buffer as defined in Subsection G(4)(b) following, but will not be counted as part of the cluster planting requirements. Each cluster will include canopy trees, ornamental trees, evergreens and deciduous shrubs to create diversity.

The perimeter of detention basins and similar stormwater management facilities shall be landscaped with plant clusters to achieve 75% coverage of the perimeter. The number of clusters shall be determined at a rate of one cluster for every 100 feet of perimeter. Clusters may not be less than 10 feet deep at the narrowest point.

Plant clusters shall include one ornamental tree, three evergreen trees, 12 tall shrubs of two or more varieties, 24 low shrubs of three or more varieties, and ground covers and perennials as required for complete landscape coverage. Low shrubs that are used as ground cover or erosion control cannot be counted toward the cluster requirement of 24 low shrubs.

Areas not included in plant clusters shall be planted with a seed mix or ground covers to provide soil stabilization. The plants selected shall be suitable to the growing conditions, hardy in the local climate, and noninvasive. Ground covers should be selected that require little maintenance and infrequent mowing, if any. Wherever possible, these shall be native species which are usually low maintenance and disease resistant.

Plantings shall be arranged to allow for maintenance access to all basin facilities.

If fencing is installed, all required basin perimeter plantings are to be located outside of the enclosure. The entire perimeter of the fence shall be enclosed with planting clusters as defined in Subsection G(3)(c) above that are staggered in a naturalistic manner to completely screen the fence. Fence alignments shall follow as closely as possible the configuration of the basin. Rectilinear fence alignments should be avoided. Fence alignments and planting shall be arranged to allow for maintenance access to all basin facilities and property.

Any basins located in front yard areas are subject to all previously stated landscaping standards for stormwater management facilities with the following additions.

The maximum water depth in any basin will be 24 inches.

There shall be adequate berming with appropriate landscaping of the basin along any proposed or existing roadway.

Geometrically shaped basins are unacceptable.

The minimum width of plant masses shall be 10 feet.

Ornamental trees should be planted at irregular intervals along the basin perimeter for visual interest.

Plantings shall not be located within 10 feet of low-flow channels and drainage structures to allow for maintenance.

Maintenance.

Responsibility for operation and maintenance of any stormwater control facilities, including periodic removal and disposal of accumulated particulate material and debris, shall remain with the owner or owners of the property, with permanent arrangements in place so that it shall pass to any successive owner, unless assumed by a governmental agency. If portions of the land are to be sold, legally binding arrangements shall be made to pass the basic responsibility to successors in title. These arrangements shall designate, for each project, the property owner, governmental agency or other legally established entity to be permanently responsible for maintenance.

The applicant shall enter into an agreement with the municipality to ensure the continued operation and maintenance of the stormwater facility. This agreement shall be in a form satisfactory to the Municipal Solicitor and may include, but may not necessarily be limited to, personal guaranties, deed restrictions, covenants and bonds. In cases where property is subdivided and sold separately, a homeowners' association or similar permanent entity should be established as the responsible entity, absent an agreement by a governmental agency to assume responsibility. Where the maintenance of a stormwater basin is proposed to be dedicated to the Borough, the applicant shall provide a schedule of maintenance anticipated over the next 20 years including regular mowing, periodic pruning of plant material, desilting as anticipated, and replacement or reconstruction of any structures that may require periodic work. The schedule shall include an estimate of maintenance costs based on the size of the facility, type of landscaping, and the types of structures in the basin. The Borough shall have their Engineer review the proposal and submit a response with any suggested modifications. The developer's agreement shall then include the final report as an appendix to the developer's agreement, and the developer shall deposit into a dedicated Stormwater Maintenance Fund an amount equal to the anticipated maintenance for a twenty-year period considering use of the principal and interest from the amount deposited. The money shall be deposited prior to or at the time the developer's agreement is executed. In addition, the applicant shall:

[Amended 9-9-1997 by Ord. No. 97-8]

Describe in detail the mechanisms for maintenance, including:

The types and quantities of equipment necessary for maintenance.

The maintenance schedule in terms of maintenance activities required on annual basis.

The methodology of maintaining all detention/infiltration facilities on the site.

The entity responsible for the maintenance activity.

The life expectancy of the stormwater facility.

Itemize cost associated with each of the items described in Subsection H(2)(a), in addition to manpower, capital costs for equipment, and foreseeable costs associated with repair of a system which fails.

Obtain approval from the approving authority for all arrangements and values described in Subsection H(2)(a) and (b).

In the event that the detention or infiltration facility becomes a threat to public safety or public health or is in need of maintenance, the municipality shall so notify, in writing, the owner of the facility. If the owners are a homeowners' association, the procedures of § 107-48 shall be followed. If the owner is other than a homeowners' association, the owner shall have 14 days from that notice to affect such maintenance and repair the facility in a manner that is approved by the approving authority. If the owner fails to perform such maintenance and repair on the facility within the required time period, the municipality may immediately proceed to do so and shall bill the cost of such repairs to the owner of the facility.

§ 107-42.1 Driveways. [1]

No driveway shall be constructed or maintained which does not meet the following regulations:

Entrance to the street shall be at an angle of 75° to 105° with the intersecting street.

The portion of the driveway between the right-of-way of the street and the cartway (the apron, sidewalk, etc.) shall be paved with concrete (4,500 psi strength and six inches thick).

All curb cuts shall be properly constructed to the satisfaction of the Municipal Engineer. Curbing shall be either depressed at the driveway or have the curbing rounded at the corners with the driveway connected to the street in the same manner as another street.

The grade of a driveway shall not exceed 10%.

Driveway pavement widths, exclusive of any parking bay, turnaround, and the wider width at any curb return.

[Amended 11-14-1995 by Ord. No. 95-20]

	Minimum (feet)	Maximum (feet)
Industrial	25	35
Commercial	20	35
Multifamily	20	35
One- and two-family	20	20
Public and quasi-public	20	35

Minimum distance to street intersection shall be 45 feet for residential uses, and shall be either 90% of the minimum required lot width or at least 100 feet, whichever is less, for nonresidential uses.

Maximum one driveway per single-family lot. A residential lot fronting on two or more streets is permitted to have driveway access to only one street and that street shall be the street with the lowest classification. All driveways shall intersect a street opposite either the front or the side of the house. Nonresidential uses shall be limited to one driveway per lot unless the lot width is greater than 500 feet; then a second driveway may be permitted if the driveways are at least 200 feet apart and the required setbacks from intersecting streets and adjacent property lines can be met.

[Amended 11-14-1995 by Ord. No. 95-20; 8-24-2010 by Ord. No. 10-25]

Driveways shall be located the following distances from lot lines other than street rights-of-way, except that where two lots share a driveway, the driveway may either abut or overlap the common lot line.

Single-family and two-family lots: five feet for lots with widths greater than 50 feet; Zero feet for lots with widths of 50 feet or less.

Other residential: 10 feet.

Nonresidential: 30 feet.

Driveways serving single-family lots shall be paved a minimum of 20 feet from the curbline and for their full length if the driveway is less than 50 feet in length. All other driveways shall be paved throughout their full length.

Editor's Note: See also § 107-54.

§ 107-43 Easements.

Easements for utility installations may be required. Such easements shall be at least 20 wide feet except walkways and bikeways shall have widths as specified elsewhere in this chapter. The easements shall be located in consultation with the companies or Borough departments concerned and, to the fullest extent possible, be centered on or adjacent to rear or side lot lines.

[Amended 9-13-1977 by Ord. No. 77-16]

Floodplain, conservation and other easements shall be indicated on the preliminary final plats and shown in such a manner that their boundaries can be accurately determined.

The removal of trees and ground cover shall be prohibited in a conservation easement or floodplain except where approved by the approving authority upon the advice of its landscape architect for the following purposes (See also § 107-60.):

The removal of dead or diseased trees.

Limited thinning of trees and growth to encourage the most desirable growth.

The removal of trees to allow for structures designed to impound water in areas to be flooded in the creation of ponds or lakes.

Other reasons which would enhance the landscaping plan proposed by the applicant, comply with a larger plan to stabilize the soil, or enhance stormwater management.

Each easement shall be identified on a plat and each lot on which there is an easement shall have a deed prepared and filed stating the metes and bounds of each easement together with the purpose of each easement and a listing of any and all limitations on how the area within the easement(s) may be used. The boundary line of any easement shall be monumented at its intersection with all existing or proposed street lines. Each easement dedication shall be expressed on the plat and in a deed as follows: "__ easement granted to the Borough of Glassboro as provided for in the Land Use Regulations of the Borough of Glassboro (Chapter 107). There shall be no encroachment upon the easement, including but not limited to fences, sheds, signage, decks, patios, trees, shrubbery, and other landscaping or structural improvements."

[Amended 11-14-1995 by Ord. No. 95-20]

§ 107-44 Environmental impact report.

Prior to submitting a preliminary plat, the applicant may use the Borough's Master Plan maps to present an overview of the natural limitations of the site and to guide the layout of the proposed development. These maps will aid in locating soil types, topography, slopes, surface water, aquifers, depth to water table, floodplains, vegetation, foundation limitations, erosion potential and septic suitability. Little or no text need accompany this data at this stage. It is anticipated that major areas of concern can be identified and agreed upon by use of this generalized data at an early stage in order to avoid development designs that will encroach upon the major environmental problem areas. Where environmentally sensitive areas identified by this general data must be encroached upon, the environmental impact report submitted at the preliminary plat stage can analyze the problem in more detail based on on-site evaluations, but limiting the analysis to the smaller areas of concern.

The preliminary plat shall be accompanied by an environmental impact report complying with the following, unless as a result of data submitted prior to the preliminary plat, the approving authority shall have waived or modified certain portions of these requirements.

A description of the development specifying what is to be done during construction and operation to minimize environmental impacts and what aspects of the design promote the conservation of energy and encourage maximum utilization of renewable energy sources.

An inventory of the following on-tract conditions and an assessment of the probable impact of the development upon them:

Water supply.

Water quality of streams.

Floodplain protection.

Wetlands and required transition areas.

Soil types and soil erosion.

Sewage disposal.

Vegetation protection.

Air quality.

Historic landmarks or sites.

Site aesthetics, e.g. views, terrain, mature wooded areas, etc.

Identifying what high hazard uses will be on site as described in Use Group H in Section 306 of the BOCA National Building Code, as amended, and what precautions to protect the public health and safety are incorporated in the proposed development for shipping, handling, storage and emergency conditions as related to these high-hazard uses.

Air and water quality shall be described with reference to standards of the Department of Environmental Protection. Soils shall be described with reference to Soil Conservation Service categories and characteristics as they relate to such things as erosion, sewage capability, and high-water table. Wetlands and one-hundred-year floodplains shall be delineated based on NJDEP requirements.

A list and the status of any approvals needed from federal, state, or county agencies.

An evaluation of any adverse environmental impacts which cannot be avoided, including air and water pollution, noise, sedimentation and siltation, increase in Borough services, and consequences to the Township tax structure.

A description of steps to be taken to avoid or minimize adverse environmental impacts during construction and operation, including maps, schedules and other explanatory data.

Notwithstanding the foregoing, the approving authority may waive all or part of an environmental impact report if sufficient evidence is submitted to support a conclusion that the development will have a slight or negligible environmental impact, or that the complete report need not be prepared to evaluate the environmental impact of the development.

The submission of major site plans and major subdivisions shall be accompanied by a completed environmental questionnaire even though the data requested in the questionnaire may also be included in the environmental impact report. The environmental questionnaire shall be forwarded by the approving authority to the Environmental Commission for review and comment which shall be returned to the approving authority within 30 days of its receipt by the Environmental Commission.

[Added 11-14-1995 by Ord. No. 95-20]

§ 107-44.1 Family day care.

Family day-care facilities shall be licensed by the New Jersey Department of Human Services and shall also adhere to the following regulations. Where the following regulations conflict with regulations of the Department of Human Services, the Department of Human Services regulations shall prevail.

In residential districts, family day-care facilities (nursery schools, child-care and day-care centers) for six or more persons designed as a principal use in a residential district shall adhere to the following regulations:

Lot size:

A minimum of one acre for the first 40 children, plus 0.2 acre for each 20 children above 40, but need not exceed 1.5 acres.

Maximum size for any facility in a residential zoning district: 100 children.

Location. The property shall be located within 350 feet of an arterial or collector street as classified in the Master Plan, provided that the property has access to/from an arterial, collector or primary local street.

Minimum dimensions:

	Lot width	150 feet
	Lot depth	200 feet
	Front yard	45 feet*
	Side yard	25 feet*
	Rear yard	40 feet*
	*Notwithstanding the minimum yard requirements, the minimum setback from the center line of any existing or proposed electric company's transmission/distribution supply line or electric substations shall be 200 feet. This setback shall not apply to 13kv local service lines or service connections to individual buildings.

Maximum building height: one story and 30 feet.

Minimum off-street parking: four spaces, plus one space for each school vehicle, but in any event not less than either two spaces per teacher and teacher's aide, or 0.4 space per student based on the state's approved capacity of the facility, whichever is less.

Minimum dropoff area: An on-site dropoff area that is separate from the parking spaces shall be provided. The dropoff area is for temporary parking parallel to the curb. The dropoff area shall have a minimum length of 75 feet. Said area shall be designed for one-way traffic flow so students leaving vehicles have access to a sidewalk leading into the school without the child having to cross a street, parking lot, loading area, driveway, or aisle.

Maximum floor area ratio: 0.15.

Minimum outdoor recreation area: 2% of the lot area, but not less than the following chart. The total recreation area need not exceed 15,000 square feet. All recreation areas shall be fenced and be located no closer to any lot line than 20 feet. All recreation areas shall be screened from adjoining residences and residential lots by a double row of massed evergreens spaced not more than 10 feet apart.

Minimum Size of Required Recreation Areas
Maximum Number of Children	All Children Under Age 6 (square feet)	One or More Children Age 6 and Over (square feet)
25	1,000	2,000
26 - 50	2,000	4,000
51 - 75	3,000	6,000
76 - 100	4,000	8,000

In nonresidential districts:

Family day-care facilities (nursery schools, child-care and day-care centers) designed as a principal use in a nonresidential district shall adhere to the regulations set forth in Subsection B above, provided that the setbacks for recreation areas measured from adjacent street rights-of-way, nonresidential parking and loading areas, and driveways and internal roads serving nonresidential uses shall be at least 25 feet, be separated by an earthen berm at least five feet high, be planted with a double row of evergreens spaced no more than 10 feet apart, and be enclosed with a fence at least five feet high.

Family day-care facilities may also be located within a nonresidential building whose principal use is devoted to office space, research, retail, or medical services (but not devoted to manufacturing, warehousing and buildings serving similar industrial operations). In industrial developments, day-care facilities shall be designed as a principal building within the nonresidential zoning district in which it is located. Where the family day-care facilities are located within a building devoted to office space, research, retail or medical services, the structure shall meet all the lot area, dimensional, setback and other zoning criteria for the district in which it is located. In addition, the site shall be required to provide outdoor recreation facilities consistent with Subsections B(8) and C(1) above and provide a dropoff area consistent with Subsection B(6) above. No additional parking shall be required for a family day-care center that is located as part of a use described above. The site plan for the entire building, however, shall show the location of sufficient parking on site, including parking generated by the area of the family day-care center, in the event the square footage of the family day-care facility is occupied by some other use in the future.

§ 107-44.2 Fences.

See § 107-93H.

§ 107-45 Fire protection.

Wherever a central water supply system services a development, provision shall be made for fire hydrants along streets and/or on the walls of nonresidential structures as approved by the Municipal Fire Department or Municipal Engineer and in accordance with fire insurance rating organization standards.

Where streams or ponds exist, or are proposed on lands to be developed, facilities shall be provided to draft water for fire-fighting purposes. This shall include access to a public street suitable for use by fire-fighting equipment and construction of or improvements to ponds, dams or similar on-site development, where feasible. Such facilities shall be constructed to the satisfaction of the Municipal Engineer and Fire Department and in accordance with fire insurance rating organization standards.

§ 107-46 (Reserved) [1]

Editor's Note: Former § 107-46, Flood damage prevention, as amended, was repealed 4-25-2023 by Ord. No. 23-06.

§ 107-46.1 Flood damage prevention: administration.

[Added 4-25-2023 by Ord. No. 23-06]

Scope and administration.

Title. These §§ 107-46.1 through 107-46.12, in combination with the flood provisions of the Uniform Construction Code (UCC), N.J.A.C. 5:23 (hereinafter "Uniform Construction Code"), consisting of the Building Code, Residential Code, Rehabilitation Subcode, and related codes, and the New Jersey Flood Hazard Area Control Act (hereinafter "FHACA"), N.J.A.C. 7:13, shall be known as the "Floodplain Management Regulations of the Borough of Glassboro" (hereinafter "these regulations").

Scope. These regulations, in combination with the flood provisions of the Uniform Construction Code and FHACA, shall apply to all proposed development in flood hazard areas established in § 107-46.1B of these regulations.

Purposes and objectives. The purposes and objectives of these regulations are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:

Protect human life and health.

Prevent unnecessary disruption of commerce, access, and public service during times of flooding.

Manage the alteration of natural floodplains, stream channels and shorelines.

Manage filling, grading, dredging and other development which may increase flood damage or erosion potential.

Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.

Contribute to improved construction techniques in the floodplain.

Minimize damage to public and private facilities and utilities.

Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.

Minimize the need for rescue and relief efforts associated with flooding.

Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.

Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.

Meet the requirements of the National Flood Insurance Program for community participation set forth in 44 CFR 59.22.

Coordination with building codes. Pursuant to the requirement established in N.J.A.C. 5:23, the Uniform Construction Code, that the Borough of Glassboro administer and enforce the state building codes, the Borough of Glassboro Mayor and Council of the Borough of Glassboro does hereby acknowledge that the Uniform Construction Code contains certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the Uniform Construction Code.

Ordinary building maintenance and minor work. Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code, including nonstructural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc., shall be evaluated by the Floodplain Administrator through the floodplain development permit to ensure compliance with the substantial damage and substantial improvement section, § 107-46.1C(14), of these §§ 107-46.1 through 107-46.12.

Warning. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. Enforcement of these regulations does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage.

Other laws. The provisions of these regulations shall not be deemed to nullify any provisions of local, state, or federal law.

Violations and penalties for noncompliance.

No structure or land shall hereafter be constructed, relocated to, extended, converted, or altered without full compliance with the terms of these §§ 107-46.1 through 107-46.12 and other applicable regulations. Violation of the provisions of these §§ 107-46.1 through 107-46.12 by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation under N.J.S.A. 40:49-5. Any person who violates these §§ 107-46.1 through 107-46.12 or fails to comply with any of its requirements shall be subject to one or more of the following: a fine of not more than $1,250, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days.

Each day in which a violation of an ordinance exists shall be considered to be a separate and distinct violation subject to the imposition of a separate penalty for each day of the violation as the court may determine except that the owner will be afforded the opportunity to cure or abate the condition during a thirty-day period and shall be afforded the opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if the court has not determined otherwise, or if, upon reinspection of the property, it is determined that the abatement has not been substantially completed.

Any person who is convicted of violating an ordinance within one year of the date of a previous violation of the same ordinance, and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the ordinance, but shall be calculated separately from the fine imposed for the violation of the ordinance.

Solid waste disposal in a flood hazard area. Any person who has unlawfully disposed of solid waste in a floodway or floodplain who fails to comply with these §§ 107-46.1 through 107-46.12 or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $2,500 or up to a maximum penalty by a fine not exceeding $10,000 under N.J.S.A. 40:49-5.

Abrogation and greater restrictions. These regulations supersede any ordinance in effect in flood hazard areas. However, these regulations are not intended to repeal or abrogate any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes. In the event of a conflict between these regulations and any other ordinance, code, or regulation, the more restrictive shall govern.

Applicability.

General. These regulations, in conjunction with the Uniform Construction Code, provide minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; site improvements and installation of utilities; placement and replacement of manufactured homes; placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and certain building work exempt from permit under the Uniform Construction Code; and other buildings and development activities.

Establishment of flood hazard areas. The Borough of Glassboro was accepted for participation in the National Flood Insurance Program on August 16, 1982. The National Flood Insurance Program (NFIP) floodplain management regulations encourage that all federal, state, and local regulations that are more stringent than the minimum NFIP standards take precedence in permitting decisions. The FHACA requires that the effective Flood Insurance Rate Map, most recent preliminary FEMA mapping and flood studies, and Department delineations be compared to determine the most restrictive mapping. The FHACA also regulates unstudied flood hazard areas in watersheds measuring 50 acres or greater in size and most riparian zones in New Jersey. Because of these higher standards, the regulated flood hazard area in New Jersey may be more expansive and more restrictive than the FEMA special flood hazard area. Maps and studies that establish flood hazard areas are on file at the Municipal Building with the Code Official at 1 South Main Street, Glassboro, New Jersey. The following sources identify flood hazard areas in this jurisdiction and must be considered when determining the best available flood hazard data area:

Effective flood insurance study. Special flood hazard areas (SFHAs) identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study, Gloucester County, New Jersey (All Jurisdictions)," dated August 17, 2016, and the accompanying Flood Insurance Rate Maps (FIRM) identified in Table 1, whose effective date is January 20, 2010, are hereby adopted by reference.

Table 1
Map Panel No.	Effective Date	Suffix	Map Panel No.	Effective Date	Suffix
34015C0182	January 20, 2010	E	34015C 0204	January 20, 2010	E
34015C0201	January 20, 2010	E	34015C 0191	January 20, 2010	E
34015C0183	January 20, 2010	E	34015C 0211	January 20, 2010	E
34015C0184	January 20, 2010	E	34015C 0212	January 20, 2010	E
34015C0203	January 20, 2010	E	34015C 0216	January 20, 2010	E
34015C0192	January 20, 2010	E

Federal best available information. The Borough of Glassboro shall utilize federal flood information as listed in the table below that provides more detailed hazard information, higher flood elevations, larger flood hazard areas, and results in more restrictive regulations. This information may include but is not limited to preliminary flood elevation guidance from FEMA (such as Advisory Flood Hazard Area Maps, work maps or preliminary FIS and FIRM). Additional federal best available studies issued after the date of these §§ 107-46.1 through 107-46.12 must also be considered. These studies are listed on FEMA's Map Service Center. This information shall be used for floodplain regulation purposes only.

Table 2
Map Panel No.	Preliminary Date	Map Panel No.	Preliminary Date
None as of the date of these §§ 107-46.1 through 107-46.12

Other best available data. The Borough of Glassboro shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by the Borough of Glassboro. Other "best available information" may not be used which results in less restrictive flood elevations, design standards, or smaller flood hazard areas than the sources described in § 107-46.1B(2)(a) and (b), above. This information shall be used for floodplain regulation purposes only.

State-regulated flood hazard areas. For state-regulated waters, the NJ Department of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and the space above that land, which lies below the "Flood Hazard Area Control Act design flood elevation," as defined in § 107-46.2, and as described in the New Jersey Flood Hazard Area Control Act at N.J.A.C. 7:13. A FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the special flood hazard areas (SFHAs) as identified by FEMA. The following is a list of New Jersey State studied waters in this community under the FHACA, and their respective map identification numbers.

Table 3: List of State Studied Waters
Name of Studied Water	File Name	Map Number
Duffield Run	SUPPXI11	DR-1
Duffield Run	SUPPXI12	DR-2
Mantua Creek	SUPPXI23	MC-1
Mantua Creek	SUPPXI24	MC-2

Establishing the local design flood elevation (LDFE). The local design flood elevation (LDFE) is established in the flood hazard areas determined in § 107-46.1B(2), above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act minimum statewide elevation requirements for lowest floors in A, Coastal A, and V Zones, ASCE 24 requirements for critical facilities as specified by the building code, plus additional freeboard as specified by these §§ 107-46.1 through 107-46.12. At a minimum, the local design flood elevation shall be as follows:

For a delineated watercourse, the elevation associated with the best available flood hazard data area determined in § 107-46.1B(2), above, plus one foot or as described by N.J.A.C. 7:13 of freeboard; or

For any undelineated watercourse [where mapping or studies described in § 107-46.1B(2)(a) and (b) above are not available] that has a contributory drainage area of 50 acres or more, the applicants must provide one of the following to determine the local design flood elevation:

A copy of an unexpired NJDEP flood hazard area verification plus one foot of freeboard and any additional freeboard as required by ASCE 24; or

A determination of the flood hazard area design flood elevation using Method 5 or Method 6 (as described in N.J.A.C. 7:13) plus one foot of freeboard and any additional freeboard as required by ASCE 24. Any determination using these methods must be sealed and submitted according to § 107-46.1E(2) and (3).

AO Zones. For Zone AO areas on the municipality's FIRM (or on preliminary flood elevation guidance from FEMA), the local design flood elevation is determined from the FIRM panel as the highest adjacent grade plus the depth number specified plus one foot of freeboard. If no depth number is specified, the local design flood elevation is three feet above the highest adjacent grade.

Class IV critical facilities. For any proposed development of new and substantially improved flood design Class IV critical facilities, the local design flood elevation must be the higher of the 0.2%-annual-chance (500-year) flood elevation or the flood hazard area design flood elevation with an additional two feet of freeboard in accordance with ASCE 24.

Class III critical facilities. For proposed development of new and substantially improved flood design Class III critical facilities in coastal high hazard areas, the local design flood elevation must be the higher of the 0.2%-annual-chance (500-year) flood elevation or the flood hazard area design flood elevation with an additional one foot of freeboard in accordance with ASCE 24.

Duties and powers of the Floodplain Administrator.

Floodplain Administrator designation. The Zoning Official is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees.

General. The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to § 107-46.1G of these regulations.

Coordination. The Floodplain Administrator shall coordinate with the Construction Official to administer and enforce the flood provisions of the Uniform Construction Code.

Duties. The duties of the Floodplain Administrator shall include but are not limited to:

Review all permit applications to determine whether proposed development is located in flood hazard areas established in § 107-46.1B of these regulations.

Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.

Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.

Determine whether additional flood hazard data shall be obtained or developed.

Review required certifications and documentation specified by these regulations and the building code to determine that such certifications and documentations are complete.

Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to § 107-46.1C(14) of these regulations.

Coordinate with the Construction Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.

Review requests submitted to the Construction Official seeking approval to modify the strict application of the flood load and flood-resistant construction requirements of the Uniform Construction Code to determine whether such requests require consideration as a variance pursuant to § 107-46.1G of these regulations.

Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.

Require applicants who propose alteration of a watercourse to notify adjacent jurisdictions and the NJDEP Bureau of Flood Engineering, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA).

Inspect development in accordance with § 107-46.1F of these regulations and inspect flood hazard areas to determine if development is undertaken without issuance of permits.

Prepare comments and recommendations for consideration when applicants seek variances in accordance with § 107-46.1G of these regulations.

Cite violations in accordance with § 107-46.1H of these regulations.

Notify the Federal Emergency Management Agency when the corporate boundaries of the Borough of Glassboro have been modified.

(o)

Permit ordinary maintenance and minor work in the regulated areas discussed in § 107-46.1B(2).

Use of changed technical data. The Floodplain Administrator and the applicant shall not use changed flood hazard area boundaries or base flood elevations for proposed buildings or developments unless the Floodplain Administrator or applicant has applied for a conditional letter of map revision (CLOMR) to the Flood Insurance Rate Map (FIRM) revision and has received the approval of the Federal Emergency Management Agency. A revision of the effective FIRM does not remove the related feature(s) on a flood hazard area delineation that has been promulgated by the NJDEP. A separate application must be made to the state pursuant to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation, flood hazard area limit, floodway limit, and/or other related feature.

Other permits. It shall be the responsibility of the Floodplain Administrator to assure that approval of a proposed development shall not be given until proof that necessary permits have been granted by federal or state agencies having jurisdiction over such development, including Section 404 of the Clean Water Act.[1] In the event of conflicting permit requirements, the Floodplain Administrator must ensure that the most restrictive floodplain management standards are reflected in permit approvals.

Editor's Note: See 33 U.S.C. § 1344.

Determination of local design flood elevations. If design flood elevations are not specified, the Floodplain Administrator is authorized to require the applicant to:

Obtain, review, and reasonably utilize data available from a federal, state, or other source; or

Determine the design flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques. Such analyses shall be performed and sealed by a licensed professional engineer. Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant.

It shall be the responsibility of the Floodplain Administrator to verify that the applicant's proposed best available flood hazard data area and the local design flood elevation in any development permit accurately applies the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in § 107-46.1B(2) and (3) respectively. This information shall be provided to the Construction Official and documented according to § 107-46.1C(15).

Requirement to submit new technical data. Base flood elevations may increase or decrease resulting from natural changes (e.g., erosion, accretion, channel migration, subsidence, uplift) or man-made physical changes (e.g., dredging, filling, excavation) affecting flooding conditions. As soon as practicable, but not later than six months after the date of a man-made change or when information about a natural change becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with 44 CFR 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.

Activities in riverine flood hazard areas. In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the Floodplain Administrator shall not permit any new construction, substantial improvement or other development, including the placement of fill, unless the applicant submits an engineering analysis prepared by a licensed professional engineer that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachment, will not increase the design flood elevation more than 0.2 foot at any point within the community.

Floodway encroachment. Prior to issuing a permit for any floodway encroachment, including fill, new construction, substantial improvements and other development or land-disturbing activity, the Floodplain Administrator shall require submission of a certification prepared by a licensed professional engineer, along with supporting technical data, that demonstrates that such development will not cause any increase in the base flood level.

Floodway revisions. A floodway encroachment that increases the level of the base flood is authorized if the applicant has applied for a conditional letter of map revision (CLOMR) to the Flood Insurance Rate Map (FIRM) and has received the approval of FEMA.

(11)

Watercourse alteration. Prior to issuing a permit for any alteration or relocation of any watercourse, the Floodplain Administrator shall require the applicant to provide notification of the proposal to the appropriate authorities of all adjacent government jurisdictions, as well as the NJDEP Bureau of Flood Engineering and the Division of Land Resource Protection. A copy of the notification shall be maintained in the permit records and submitted to FEMA.

Engineering analysis. The Floodplain Administrator shall require submission of an engineering analysis prepared by a licensed professional engineer, demonstrating that the flood-carrying capacity of the altered or relocated portion of the watercourse will be maintained, neither increased nor decreased. Such watercourses shall be maintained in a manner that preserves the channel's flood-carrying capacity.

(12)

Alterations in coastal areas. The excavation or alteration of sand dunes is governed by the New Jersey Coastal Zone Management (CZM) rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit for any alteration of sand dunes in coastal high hazard areas and Coastal A Zones, the Floodplain Administrator shall require that a New Jersey CZM permit be obtained and included in the flood damage prevention permit application. The applicant shall also provide documentation of any engineering analysis, prepared by a licensed professional engineer, that demonstrates that the proposed alteration will not increase the potential for flood damage.

(13)

Development in riparian zones. All development in riparian zones as described in N.J.A.C. 7:13 is prohibited by these §§ 107-46.1 through 107-46.12 unless the applicant has received an individual or general permit or has complied with the requirements of a permit by rule or permit by certification from the NJDEP Division of Land Resource Protection prior to application for a floodplain development permit and the project is compliant with all other floodplain development provisions of these §§ 107-46.1 through 107-46.12. The width of the riparian zone can range between 50 feet and 300 feet and is determined by the attributes of the water body and designated in the New Jersey Surface Water Quality Standards, N.J.A.C. 7:9B. The portion of the riparian zone located outside of a regulated water is measured landward from the top of bank. Applicants can request a verification of the riparian zone limits or a permit applicability determination to determine state permit requirements under N.J.A.C. 7:13 from the NJDEP Division of Land Resource Protection.

(14)

Substantial improvement and substantial damage determinations. When buildings and structures are damaged due to any cause, including but not limited to man-made, structural, electrical, mechanical, or natural hazard events, or are determined to be unsafe as described in N.J.A.C. 5:23; and for applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitations, renovations, ordinary maintenance and minor work, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Construction Official, shall:

Estimate the market value, or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser of the market value, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.

Determine and include the costs of all ordinary maintenance and minor work, as discussed in § 107-46.1B(2), performed in the floodplain regulated by these §§ 107-46.1 through 107-46.12 in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.

Compare the cost to perform the improvement, the cost to repair the damaged building to its predamaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the building or structure.

Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.

Notify the applicant, in writing, when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood-resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage. The Floodplain Administrator shall also provide all letters documenting substantial damage and compliance with flood-resistant construction requirements of the building code to the NJDEP Bureau of Flood Engineering.

(15)

Department records. In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the Uniform Construction Code, including Flood Insurance Studies, Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; NJDEP delineations, records of issuance of permits and denial of permits; records of ordinary maintenance and minor work, determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the Uniform Construction Code and these regulations, including as-built elevation certificates; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurance that the flood-carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood-resistant provisions of the Uniform Construction Code. The Floodplain Administrator shall also record the required elevation, determination method, and base flood elevation source used to determine the local design flood elevation in the floodplain development permit.

(16)

Liability. The Floodplain Administrator and any employee charged with the enforcement of these regulations, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by these regulations or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of these regulations shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of these regulations.

Permits.

Permits required. Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit.

Application for permit. The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. Such application shall:

Identify and describe the development to be covered by the permit.

Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitively locate the site.

Indicate the use and occupancy for which the proposed development is intended.

Be accompanied by a site plan and construction documents as specified in § 107-46.1E of these regulations, grading and filling plans and other information deemed appropriate by the Floodplain Administrator.

State the valuation of the proposed work, including the valuation of ordinary maintenance and minor work.

Be signed by the applicant or the applicant's authorized agent.

Validity of permit. The issuance of a permit under these regulations or the Uniform Construction Code shall not be construed to be a permit for, or approval of, any violation of these §§ 107-46.1 through 107-46.12 or any other ordinance of the jurisdiction. The issuance of a permit based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations or other ordinances of this jurisdiction.

Expiration. A permit shall become invalid when the proposed development is not commenced within 180 days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each.

Suspension or revocation. The Floodplain Administrator is authorized to suspend or revoke a permit issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or code of this jurisdiction.

Site plans and construction documents.

Information for development in flood hazard areas.

The site plan or construction documents for any development subject to the requirements of these regulations shall be drawn to scale and shall include, as applicable to the proposed development:

Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations when necessary for review of the proposed development. For buildings that are located in more than one flood hazard area, the elevation and provisions associated with the most restrictive flood hazard area shall apply.

Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with § 107-46.1E(2).

Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with § 107-46.1E(2)(a)[3] of these regulations.

Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas and Coastal A Zones, new buildings shall be located landward of the reach of mean high tide.

Location, extent, amount, and proposed final grades of any filling, grading, or excavation.

Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. The applicant shall provide an engineering certification confirming that the proposal meets the flood storage displacement limitations of N.J.A.C. 7:13.

Extent of any proposed alteration of sand dunes.

Existing and proposed alignment of any proposed alteration of a watercourse.

Floodproofing certifications, V Zone and breakaway wall certifications, operations and maintenance plans, warning and evacuation plans and other documentation required pursuant to FEMA publications.

The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by these regulations but that are not required to be prepared by a registered design professional when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance.

Information in flood hazard areas without base flood elevations (approximate Zone A).

Where flood hazard areas are delineated on the effective or preliminary FIRM and base flood elevation data have not been provided, the applicant shall consult with the Floodplain Administrator to determine whether to:

Use the Approximation Method (Method 5) described in N.J.A.C. 7:13 in conjunction with Appendix 1 of the FHACA to determine the required flood elevation.

Obtain, review, and reasonably utilize data available from a federal, state or other source when those data are deemed acceptable to the Floodplain Administrator to reasonably reflect flooding conditions.

Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques according to Method 6 as described in N.J.A.C. 7:13. Such analyses shall be performed and sealed by a licensed professional engineer.

Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator prior to floodplain development permit issuance. The accuracy of data submitted for such determination shall be the responsibility of the applicant. Where the data are to be used to support a letter of map change (LOMC) from FEMA, the applicant shall be responsible for satisfying the submittal requirements and pay the processing fees.

Analyses and certifications by a licensed professional engineer. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a licensed professional engineer for submission with the site plan and construction documents:

For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in § 107-46.1E(4) of these regulations and shall submit the conditional letter of map revision, if issued by FEMA, with the site plan and construction documents.

For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the FIS or FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than 0.2 foot at any point within the jurisdiction. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.

For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained, neither increasing nor decreasing the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in § 107-46.1E(4) of these regulations. The applicant shall notify the chief executive officer of all affected adjacent jurisdictions, the NJDEP's Bureau of Flood Engineering and the Division of Land Resource Protection; and shall provide documentation of such notifications.

For activities that propose to alter sand dunes in coastal high hazard areas (Zone V) and Coastal A Zones, an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage and documentation of the issuance of a New Jersey Coastal Zone Management permit under N.J.A.C. 7:7.

For analyses performed using Methods 5 and 6 (as described in N.J.A.C. 7:13) in flood hazard zones without base flood elevations (approximate A Zones).

Submission of additional data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a letter of map change (LOMC) from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.

Inspections.

General. Development for which a permit is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.

Inspections of development. The Floodplain Administrator shall inspect all development in flood hazard areas authorized by issuance of permits under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine if development is undertaken without issuance of a permit.

Buildings and structures. The Construction Official shall make, or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit in accordance with the Uniform Construction Code, N.J.A.C. 5:23.

Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in § 107-46.8B shall be submitted to the Construction Official on an elevation certificate.

Lowest horizontal structural member. In V Zones and Coastal A Zones, upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in § 107-46.8B shall be submitted to the Construction Official on an elevation certificate.

Installation of attendant utilities (electrical, heating, ventilating, air-conditioning, and other service equipment) and sanitary facilities elevated as discussed in § 107-46.8B.

Final inspection. Prior to the final inspection, certification of the elevation required in § 107-46.8B shall be submitted to the Construction Official on an elevation certificate.

Manufactured homes. The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of these regulations and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted on an elevation certificate to the Floodplain Administrator prior to the final inspection.

Variances.

General. The Borough of Glassboro Mayor and Council shall hear and decide requests for variances. The Borough of Glassboro Mayor and Council shall base its determination on technical justifications submitted by applicants, the considerations for issuance in § 107-46.1G(5), the conditions of issuance set forth in § 107-46.1G(6), and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Borough of Glassboro Mayor and Council has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.

Historic structures. A variance to the substantial improvement requirements of these §§ 107-46.1 through 107-46.12 is authorized provided that the repair or rehabilitation of an historic structure is completed according to N.J.A.C. 5:23-6.33, Section 1612 of the International Building Code and R322 of the International Residential Code, the repair or rehabilitation will not preclude the structure's continued designation as an historic structure, the structure meets the definition of the historic structure as described by these §§ 107-46.1 through 107-46.12, and the variance is the minimum necessary to preserve the historic character and design of the structure.

Functionally dependent uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damage during the base flood and create no additional threats to public safety.

Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in § 107-46.1E(3)(a) of these regulations.

Considerations. In reviewing requests for variances, all technical evaluations, all relevant factors, all other portions of these regulations, and the following shall be considered:

The danger that materials and debris may be swept onto other lands resulting in further injury or damage.

The danger to life and property due to flooding or erosion damage.

The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.

The importance of the services provided by the proposed development to the community.

The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable.

The compatibility of the proposed development with existing and anticipated development.

The relationship of the proposed development to the comprehensive plan and floodplain management program for that area.

The safety of access to the property in times of flood for ordinary and emergency vehicles.

The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater and the effects of wave action, where applicable, expected at the site.

The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets, and bridges.

Conditions for issuance. Variances shall only be issued upon:

Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site limit compliance with any provision of these regulations or render the elevation standards of the building code inappropriate.

A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable.

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.

A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Notification to the applicant, in writing, over the signature of the Floodplain Administrator that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the base flood level increases risks to life and property.

Violations.

Violations. Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of elevation of the lowest floor, the lowest horizontal structural member if in a V or Coastal A Zone, other required design certifications, or other evidence of compliance required by the building code is presumed to be a violation until such time as that documentation is provided.

Authority. The Floodplain Administrator is authorized to serve notices of violation or stop-work orders to owners of property involved, to the owner's agent, or to the person or persons doing the work for development that is not within the scope of the Uniform Construction Code, but is regulated by these regulations and that is determined to be a violation.

Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop-work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by N.J.S.A. 40:49-5 as appropriate.

ALTERATION OF A WATERCOURSE

Review period to correct violations. A thirty-day period shall be given to the property owner as an opportunity to cure or abate the condition. The property owner shall also be afforded an opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.

§ 107-46.2 Flood damage prevention: definitions.

[Added 4-25-2023 by Ord. No. 23-06]

General. The following words and terms shall, for the purposes of these §§ 107-46.1 through 107-46.12, have the meanings shown herein. Other terms are defined in the Uniform Construction Code, N.J.A.C. 5:23, and terms are defined where used in the International Residential Code and International Building Code (rather than in the definitions section). Where terms are not defined, such terms shall have ordinarily accepted meanings such as the context implies.

Definitions.

100-YEAR FLOOD ELEVATION

Elevation of flooding having a 1% annual chance of being equaled or exceeded in a given year, which is also referred to as the "base flood elevation."

500-YEAR FLOOD ELEVATION

Elevation of flooding having a 0.2% annual chance of being equaled or exceeded in a given year.

A ZONES

Areas of special flood hazard in which the elevation of the surface water resulting from a flood that has a 1% annual chance of equaling or exceeding the base flood elevation (BFE) in any given year shown on the Flood Insurance Rate Map (FIRM) Zones A, AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO. When used in reference to the development of a structure in these §§ 107-46.1 through 107-46.12, A Zones are not inclusive of Coastal A Zones because of the higher building code requirements for Coastal A Zones.

ACCESSORY STRUCTURE

Accessory structures are also referred to as "appurtenant structures." An accessory structure is a structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For example, a residential structure may have a detached garage or storage shed for garden tools as accessory structures. Other examples of accessory structures include gazebos, picnic pavilions, boathouses, small pole barns, storage sheds, and similar buildings.

AGRICULTURAL STRUCTURE

A structure used solely for agricultural purposes in which the use is exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock. Communities must require that new construction or substantial improvements of agricultural structures be elevated or floodproofed to or above the base flood elevation (BFE) as any other nonresidential building. Under some circumstances it may be appropriate to wet-floodproof certain types of agricultural structures when located in wide, expansive floodplains through issuance of a variance. This should only be done for structures used for temporary storage of equipment or crops or temporary shelter for livestock and only in circumstances where it can be demonstrated that agricultural structures can be designed in such a manner that results in minimal damage to the structure and its contents and will create no additional threats to public safety. New construction or substantial improvement of livestock confinement buildings, poultry houses, dairy operations, similar livestock operations and any structure that represents more than a minimal investment must meet the elevation or dry-floodproofing requirements of 44 CFR 60.3(c)(3).

AH ZONES

Areas subject to inundation by 1%-annual-chance shallow flooding (usually areas of ponding) where average depths are between one foot and three feet. Base flood elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.

A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.

AO ZONES

Areas subject to inundation by 1%-annual-chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one foot and three feet.

AREA OF SHALLOW FLOODING

A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average depth of one foot to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

AREA OF SPECIAL FLOOD HAZARD

See "special flood hazard area."

ASCE 7

The standard for the Minimum Design Loads for Buildings and Other Structures, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA, which includes but is not limited to methodology and equations necessary for determining structural and flood-related design requirements and determining the design requirements for structures that may experience a combination of loads, including those from natural hazards. Flood-related equations include those for determining erosion, scour, lateral, vertical, hydrostatic, hydrodynamic, buoyancy, breaking wave, and debris impact.

ASCE 24

The standard for Flood Resistant Design and Construction, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA. References to "ASCE 24" shall mean ASCE 24-14 or the most recent version of ASCE 24 adopted in the UCC Code (N.J.A.C. 5:23).

BASE FLOOD ELEVATION (BFE)

The water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year, as shown on a published Flood Insurance Study (FIS), or preliminary flood elevation guidance from FEMA. May also be referred to as the "100-year flood elevation."

BASEMENT

Any area of the building having its floor subgrade (below ground level) on all sides.

BEST AVAILABLE FLOOD HAZARD DATA

The most recent available preliminary flood risk guidance FEMA has provided. The best available flood hazard data may be depicted on but not limited to Advisory Flood Hazard Area Maps, work maps, or preliminary FIS and FIRM.

BEST AVAILABLE FLOOD HAZARD DATA AREA

The areal mapped extent associated with the most recent available preliminary flood risk guidance FEMA has provided. The best available flood hazard data may be depicted on but not limited to Advisory Flood Hazard Area Maps, work maps, or preliminary FIS and FIRM.

BEST AVAILABLE FLOOD HAZARD DATA ELEVATION

The most recent available preliminary flood elevation guidance FEMA has provided. The best available flood hazard data may be depicted on but not limited to Advisory Flood Hazard Area Maps, work maps, or preliminary FIS and FIRM.

BREAKAWAY WALLS

Any type of wall subject to flooding that is not required to provide structural support to a building or other structure and that is designed and constructed such that, below the local design flood elevation, it will collapse under specific lateral loads such that 1) it allows the free passage of floodwaters, and 2) it does not damage the structure or supporting foundation system. Certification in the V Zone certificate of the design, plans, and specifications by a licensed design professional that these walls are in accordance with accepted standards of practice is required as part of the permit application for new and substantially improved V Zone and Coastal A Zone structures. A completed certification must be submitted at permit application.

BUILDING

Per the FHACA, "building" means a structure enclosed with exterior walls or fire walls, erected and framed of component structural parts, designed for the housing, shelter, enclosure, and support of individuals, animals, or property of any kind. A building may have a temporary or permanent foundation. A building that is intended for regular human occupation and/or residence is considered a habitable building.

CONDITIONAL LETTER OF MAP REVISION

A conditional letter of map revision (CLOMR) is FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The letter does not revise an effective NFIP map; it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the letter of map change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.

CONDITIONAL LETTER OF MAP REVISION- FILL

A conditional letter of map revision - fill (CLOMR-F) is FEMA's comment on a proposed project involving the placement of fill outside of the regulatory floodway that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The letter does not revise an effective NFIP map; it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the letter of map change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.

CRITICAL BUILDING

Per the FHACA, "critical building" means that:

It is essential to maintaining continuity of vital government operations and/or supporting emergency response, sheltering, and medical care functions before, during, and after a flood, such as a hospital, medical clinic, police station, fire station, emergency response center, or public shelter; or

FLOOD HAZARD AREA DESIGN FLOOD ELEVATION

It serves large numbers of people who may be unable to leave the facility through their own efforts, thereby hindering or preventing safe evacuation of the building during a flood event, such as a school, college, dormitory, jail or detention facility, day-care center, assisted living facility, or nursing home.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations and other land-disturbing activities.

DRY FLOODPROOFING

A combination of measures that results in a nonresidential structure, including the attendant utilities and equipment as described in the latest version of ASCE 24, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads.

ELEVATED BUILDING

A building that has no basement and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Solid perimeter foundations walls are not an acceptable means of elevating buildings in V and VE Zones.

ELEVATION CERTIFICATE

An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support an application for a letter of map amendment (LOMA) or letter of map revision based on fill (LOMR-F).

ENCROACHMENT

The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.

FEMA PUBLICATIONS

Any publication authored or referenced by FEMA related to building science, building safety, or floodplain management related to the National Flood Insurance Program. Publications shall include but are not limited to technical bulletins, desk references, and American Society of Civil Engineers Standards documents, including ASCE 24.

Per the FHACA, the peak water surface elevation that will occur in a water during the flood hazard area design flood. This elevation is determined via available flood mapping adopted by the state, flood mapping published by FEMA (including effective flood mapping dated on or after January 31, 1980, or any more recent advisory, preliminary, or pending flood mapping; whichever results in higher flood elevations, wider floodway limits, greater flow rates, or indicates a change from an A Zone to a V Zone or Coastal A Zone), approximation, or calculation pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-3.1 through 3.6 and is typically higher than FEMA's base flood elevation. A water that has a drainage area measuring less than 50 acres does not possess, and is not assigned, a flood hazard area design flood elevation.

FLOOD INSURANCE RATE MAP (FIRM)

The official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

FLOOD INSURANCE STUDY (FIS)

The official report in which the Federal Emergency Management Agency has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.

FLOOD or FLOODING

A general and temporary condition of partial or complete inundation of normally dry land areas from:

The overflow of inland or tidal waters.

The unusual and rapid accumulation or runoff of surface waters from any source.

Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in Subsection B(1)(b) of this definition and are akin to a river or liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

FLOODPLAIN MANAGEMENT REGULATIONS

The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection B(1)(a) of this definition.

Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

FLOODPLAIN or FLOOD-PRONE AREA

Any land area susceptible to being inundated by water from any source. See "flood or flooding."

FLOODPROOFING

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.

FLOODPROOFING CERTIFICATE

Certification by a licensed design professional that the design and methods of construction for floodproofing a nonresidential structure are in accordance with accepted standards of practice to a proposed height above the structure's lowest adjacent grade that meets or exceeds the local design flood elevation. A completed floodproofing certificate is required at permit application.

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.

FREEBOARD

A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

FUNCTIONALLY DEPENDENT USE

A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities necessary for the loading or unloading of cargo or passengers, and shipbuilding and ship repair facilities. The term does not include long-term storage or related manufacturing facilities.

HABITABLE BUILDING

Pursuant to the FHACA Rules (N.J.A.C. 7:13), means a building that is intended for regular human occupation and/or residence. Examples of a habitable building include a single-family home, duplex, multiresidence building, or critical building; a commercial building, such as a retail store, restaurant, office building, or gymnasium; an accessory structure that is regularly occupied, such as a garage, barn, or workshop; mobile and manufactured homes, and trailers intended for human residence, which are set on a foundation and/or connected to utilities, such as in a mobile home park (not including campers and recreational vehicles); and any other building that is regularly occupied, such as a house of worship, community center, or meeting hall, or animal shelter that includes regular human access and occupation. Examples of a nonhabitable building include a bus stop shelter, utility building, storage shed, self-storage unit, construction trailer, or an individual shelter for animals, such as a doghouse or outdoor kennel.

HARDSHIP

As related to § 107-46.1G of these §§ 107-46.1 through 107-46.12, meaning the exceptional hardship that would result from a failure to grant the requested variance. The Borough of Glassboro Mayor and Council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Incovenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.

HISTORIC STRUCTURE

Any structure that is:

Listed individually in the National Register of Historic Places (a listing maintained by the Department of 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:

By an approved state program as determined by the Secretary of the Interior; or

Directly by the Secretary of the Interior in states without approved programs.

LAWFULLY EXISTING

Per the FHACA, means an existing fill, structure and/or use, which meets all federal, state, and local laws, and which is not in violation of the FHACA because it was established:

Prior to January 31, 1980; or

On or after January 31, 1980, in accordance with the requirements of the FHACA as it existed at the time the fill, structure and/or use was established.

LETTER OF MAP REVISION -FILL

Note: Substantially damaged properties and substantially improved properties that have not been elevated are not considered "lawfully existing" for the purposes of the NFIP. This definition is included in these §§ 107-46.1 through 107-46.12 to clarify the applicability of any more stringent statewide floodplain management standards required under the FHACA.

LETTER OF MAP AMENDMENT

A letter of map amendment (LOMA) is an official amendment, by letter, to an effective National Flood Insurance Program (NFIP) map that is requested through the letter of map change (LOMC) process. A LOMA establishes a property's location in relation to the special flood hazard area (SFHA). LOMAs are usually issued because a property has been inadvertently mapped as being in the floodplain but is actually on natural high ground above the base flood elevation. Because a LOMA officially amends the effective NFIP map, it is a public record that the community must maintain. Any LOMA should be noted on the community's master flood map and filed by panel number in an accessible location.

LETTER OF MAP CHANGE

The letter of map change (LOMC) process is a service provided by FEMA for a fee that allows the public to request a change in flood zone designation in an area of special flood hazard on a Flood Insurance Rate Map (FIRM). Conditional letters of map revision, conditional letters of map revision - fill, letters of map revision, letters of map revision - fill, and letters of map amendment are requested through the letter of map change (LOMC) process.

LETTER OF MAP REVISION

A letter of map revision (LOMR) is FEMA's modification to an effective Flood Insurance Rate Map (FIRM). Letters of map revision are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The LOMR officially revises the Flood Insurance Rate Map (FIRM) and sometimes the Flood Insurance Study (FIS) report, and, when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM or FIS report. Because a LOMR officially revises the effective NFIP map, it is a public record that the community must maintain. Any LOMR should be noted on the community's master flood map and filed by panel number in an accessible location.

A letter of map revision based on fill (LOMR-F) is FEMA's modification of the special flood hazard area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway and may be initiated through the letter of map change (LOMC) process. Because a LOMR-F officially revises the effective Flood Insurance Rate Map (FIRM) map, it is a public record that the community must maintain. Any LOMR-F should be noted on the community's master flood map and filed by panel number in an accessible location.

LICENSED DESIGN PROFESSIONAL

Shall refer to either a New Jersey licensed professional engineer, licensed by the New Jersey State Board of Professional Engineers and Land Surveyors, or a New Jersey licensed architect, licensed by the New Jersey State Board of Architects.

LICENSED PROFESSIONAL ENGINEER

Shall refer to individuals licensed by the New Jersey State Board of Professional Engineers and Land Surveyors.

LOCAL DESIGN FLOOD ELEVATION (LDFE)

The elevation reflective of the most recent available preliminary flood elevation guidance FEMA has provided as depicted on but not limited to Advisory Flood Hazard Area Maps, work maps, or preliminary FIS and FIRM which is also inclusive of freeboard specified by the New Jersey Flood Hazard Area Control Act and Uniform Construction Codes and any additional freeboard specified in a community's ordinance. In no circumstances shall a project's LDFE be lower than a permit-specified flood hazard area design flood elevation or a valid NJDEP flood hazard area verification letter plus the freeboard as required in ASCE 24 and the effective FEMA base flood elevation.

LOWEST ADJACENT GRADE

The lowest point of ground, patio, or sidewalk slab immediately next to a structure, except in AO Zones where it is the natural grade elevation.

LOWEST FLOOR

In A Zones, the lowest floor is the top surface of the lowest floor of the lowest enclosed area (including basement). In V Zones and Coastal A Zones, the bottom of the lowest horizontal structural member of a building is the lowest floor. An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement, is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of other applicable nonelevation design requirements of these regulations.

MANUFACTURED HOME

A structure that is transportable in one or more sections, eight feet or more in width and greater than 400 square feet, built on a permanent chassis, designed for use with or without a permanent foundation when attached to the required utilities, and constructed to the Federal Manufactured Home Construction and Safety Standards and rules and regulations promulgated by the U.S. Department of Housing and Urban Development. The term also includes mobile homes, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive days or longer.

MANUFACTURED HOME PARK OR SUBDIVISION

A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

MARKET VALUE

The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value shall be determined by one of the following methods:

Actual cash value (replacement cost depreciated for age and quality of construction);

Tax assessment value adjusted to approximate market value by a factor provided by the property appraiser; or

ORDINARY MAINTENANCE AND MINOR WORK

Established by a qualified independent appraiser.

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of the first floodplain regulation adopted by a community; includes any subsequent improvements to such structures. New construction includes work determined to be a substantial improvement.

NONRESIDENTIAL

Pursuant to ASCE 24, any building or structure or portion thereof that is not classified as residential.

This term refers to types of work excluded from construction permitting under N.J.A.C. 5:23 in the March 5, 2018, New Jersey Register. Some of these types of work must be considered in determinations of substantial improvement and substantial damage in regulated floodplains under 44 CFR 59.1. These types of work include but are not limited to replacements of roofing, siding, interior finishes, kitchen cabinets, plumbing fixtures and piping, HVAC and air-conditioning equipment, exhaust fans, built-in appliances, electrical wiring, etc. Improvements necessary to correct existing violations of state or local health, sanitation, or code enforcement officials which are the minimum necessary to assure safe living conditions and improvements of historic structures as discussed in 44 CFR 59.1 shall not be included in the determination of ordinary maintenance and minor work.

RECREATIONAL VEHICLE

A vehicle that is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions.

RESIDENTIAL

Pursuant to the ASCE 24:

Buildings and structures and portions thereof where people live or that are used for sleeping purposes on a transient or nontransient basis;

Structures including but not limited to one- and two-family dwellings, townhouses, condominiums, multifamily dwellings, apartments, congregate residences, boardinghouses, lodging houses, rooming houses, hotels, motels, apartment buildings, convents, monasteries, dormitories, fraternity houses, sorority houses, vacation time-share properties; and

SPECIAL FLOOD HAZARD AREA

Institutional facilities where people are cared for or live on a twenty-four-hour basis in a supervised environment, including but not limited to board-and-care facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug centers, convalescent facilities, hospitals, nursing homes, mental hospitals, detoxification facilities, prisons, jails, reformatories, detention centers, correctional centers, and prerelease centers.

SOLD WASTE DISPOSAL

The storage, treatment, utilization, processing or final disposition of solid waste as described in N.J.A.C. 7:26-1.6 or the storage of unsecured materials as described in N.J.A.C. 7:13-2.3 for a period of greater than six months as specified in N.J.A.C. 7:26 which have been discharged, deposited, injected, dumped, spilled, leaked, or placed into any land or water such that such solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.

The greater of the following:

Land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year, shown on the FIRM as Zone V, VE, V1-3-, A, AO, A1-30, AE, A99, or AH;

Land, and the space above that land, which lies below the peak water surface elevation of the flood hazard area design flood for a particular water, as determined using the methods set forth in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13;

Riparian buffers as determined in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13.

Also referred to as the "area of special flood hazard."

START OF CONSTRUCTION

The start of construction is as follows:

For other than new construction or substantial improvements, under the Coastal Barrier Resources Act (CBRA), this is the date the building permit was issued, provided that the actual start of construction, repair, rehabilitation, addition, placement or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a building on site, such as the pouring of a slab or footing, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured (mobile) home on a foundation. For a substantial improvement, "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

For the purposes of determining whether proposed construction must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and base flood elevations (BFEs) increase or zones change, the "start of construction" includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.

Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Such development must also be permitted and must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and base flood elevations (BFEs) increase or zones change.

For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

For determining if new construction and substantial improvements within the Coastal Barrier Resources System (CBRS) can obtain flood insurance, a different definition applies.

STRUCTURE

A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground.

SUBSTANTIAL DAMAGE

Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure taking place, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:

Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or

UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES

Any alteration of an historic structure, provided that the alteration will not preclude the structure's continued designation as an historic structure.

THIRTY-DAY PERIOD

The period of time prescribed by N.J.S.A. 40:49-5 in which a property owner is afforded the opportunity to correct zoning and solid waste disposal after a notice of violation pertaining to these §§ 107-46.1 through 107-46.12 has been issued.

Buildings and structures of an accessory character and miscellaneous structures not classified in any special occupancy, as described in ASCE 24.

VARIANCE

A grant of relief from the requirements of these §§ 107-46.1 through 107-46.12 which permits construction in a manner otherwise prohibited by these §§ 107-46.1 through 107-46.12 where specific enforcement would result in unnecessary hardship.

VIOLATION

A development that is not fully compliant with these regulations or the flood provisions of the building code. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in these §§ 107-46.1 through 107-46.12 is presumed to be in violation until such time as that documentation is provided.

WATER SURFACE ELEVATION

The height, in relation to the North American Vertical Datum (NAVD) of 1988 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

WATERCOURSE

A river, creek, stream, channel, or other topographic feature in, on, through, or over which water flows at least periodically.

WET FLOODPROOFING

Floodproofing method that relies on the use of flood-damage-resistant materials and construction techniques in areas of a structure that are below the local design flood elevation by intentionally allowing them to flood. The application of wet floodproofing as a flood protection technique under the National Flood Insurance Program (NFIP) is limited to enclosures below elevated residential and nonresidential structures and to accessory and agricultural structures that have been issued variances by the community.

§ 107-46.3 Flood damage prevention: subdivisions and other developments.

[Added 4-25-2023 by Ord. No. 23-06]

General. Any subdivision proposal, including proposals for manufactured home parks and subdivisions, or other proposed new development in a flood hazard area shall be reviewed to assure that:

All such proposals are consistent with the need to minimize flood damage.

All public utilities and facilities, such as sewer, gas, electric and water systems, are located and constructed to minimize or eliminate flood damage.

Adequate drainage is provided to reduce exposure to flood hazards; in Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from structures.

Subdivision requirements. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:

The flood hazard area, including floodways, coastal high hazard areas, and Coastal A Zones, and base flood elevations, as appropriate, shall be delineated on tentative subdivision plats.

Residential building lots shall be provided with adequate buildable area outside the floodway.

The design criteria for utilities and facilities set forth in these regulations and appropriate codes shall be met.

§ 107-46.4 Flood damage prevention: site improvement.

[Added 4-25-2023 by Ord. No. 23-06]

Encroachment in floodways. Development, land-disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated, through hydrologic and hydraulic analyses required in accordance with § 107-46.1E(3)(a) of these regulations, that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flood discharge. If § 107-46.1E(3)(a) is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with § 107-46.8B of these §§ 107-46.1 through 107-46.12 and the floodway requirements of N.J.A.C. 7:13.

Prohibited in floodways. The following are prohibited activities:

The storage of unsecured materials is prohibited within a floodway pursuant to N.J.A.C. 7:13.

Fill and new structures are prohibited in floodways per N.J.A.C. 7:13.

Sewer facilities. All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with the New Jersey septic system regulations contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into floodwaters, or impairment of the facilities and systems.

Water facilities. All new and replacement water facilities shall be designed in accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.

Storm drainage. Storm drainage shall be designed to convey the flow of surface waters to minimize or eliminate damage to persons or property.

Streets and sidewalks. Streets and sidewalks shall be designed to minimize potential for increasing or aggravating flood levels.

Limitations on placement of fill. Subject to the limitations of these regulations, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwater, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the UCC (N.J.A.C. 5:23). Proposed fill and encroachments in flood hazard areas shall comply with the flood storage displacement limitations of N.J.A.C. 7:13.

Hazardous materials. The placement or storage of any containers holding hazardous substances in a flood hazard area is prohibited unless the provisions of N.J.A.C. 7:13 which cover the placement of hazardous substances and solid waste are met.

§ 107-46.5 Flood damage prevention: manufactured homes.

[Added 4-25-2023 by Ord. No. 23-06]

General. All manufactured homes installed in flood hazard areas shall be installed pursuant to the Nationally Preemptive Manufactured Home Construction and Safety Standards Program (24 CFR 3280).

Elevation. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in § 107-46.8B.

Foundations. All new, relocated, and replacement manufactured homes, including substantial improvement of existing manufactured homes, shall be placed on foundations as specified by the manufacturer only if the manufacturer's installation instructions specify that the home has been designed for flood-resistant considerations and provides the conditions of applicability for velocities, depths, or wave action as required by 24 CFR Part 3285-302. The Floodplain Administrator is authorized to determine whether the design meets or exceeds the performance necessary based upon the proposed site location conditions as a precondition of issuing a flood damage prevention permit. If the Floodplain Administrator determines that the home's performance standards will not withstand the flood loads in the proposed location, the applicant must propose a design certified by a New Jersey licensed design professional and in accordance with 24 CFR 3285.301(c) and (d) which conforms with ASCE 24, the accepted standard of engineering practice for flood-resistant design and construction.

Anchoring. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the requirements of § 107-46.8B.

Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in § 107-46.8B of these regulations.

Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by § 107-46.8B, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).

§ 107-46.6 Flood damage prevention: recreational vehicles.

[Added 4-25-2023 by Ord. No. 23-06]

Placement prohibited. The placement of recreational vehicles shall not be authorized in coastal high hazard areas and in floodways.

Temporary placement. Recreational vehicles in flood hazard areas shall be fully licensed and ready for highway use and shall be placed on a site for less than 180 consecutive days.

Permanent placement. Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive days, shall meet the requirements of § 107-46.8B for habitable buildings and § 107-46.5C.

§ 107-46.7 Flood damage prevention: tanks.

[Added 4-25-2023 by Ord. No. 23-06]

Tanks. Underground and aboveground tanks shall be designed, constructed, installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.

§ 107-46.8 Flood damage prevention: other development and building work.

[Added 4-25-2023 by Ord. No. 23-06]

General requirements for other development and building work. All development and building work, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in these regulations or the Uniform Construction Code (N.J.A.C. 5:23), shall:

Be located and constructed to minimize flood damage;

Meet the limitations of § 107-46.1E(3)(a) of these §§ 107-46.1 through 107-46.12 when located in a regulated floodway;

Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the local design flood elevation determined according to § 107-46.1B(3);

Be constructed of flood-damage-resistant materials as described in ASCE 24, Chapter 5;

Have mechanical, plumbing, and electrical systems above the local design flood elevation determined according to § 107-46.1B(3) or meet the requirements of ASCE 24, Chapter 7, which requires that attendant utilities are located above the local design flood elevation unless the attendant utilities and equipment are:

Specifically allowed below the local design flood elevation; and

Designed, constructed, and installed to prevent floodwaters, including any backflow through the system, from entering or accumulating within the components.

Not exceed the flood storage displacement limitations in fluvial flood hazard areas in accordance with N.J.A.C. 7:13; and

Not exceed the impacts to frequency or depth of off-site flooding as required by N.J.A.C. 7:13 in floodways.

Requirements for habitable buildings and structures.

Construction and elevation in A Zones not including Coastal A Zones.

No portion of a building is located within a V Zone.

No portion of a building is located within a Coastal A Zone, unless a licensed design professional certifies that the building's foundation is designed in accordance with ASCE 24, Chapter 4.

All new construction and substantial improvement of any habitable building (as defined in § 107-46.2) located in flood hazard areas shall have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in § 107-46.1B(3), be in conformance with ASCE 24, Chapter 7, and be confirmed by an elevation certificate.

All new construction and substantial improvements of nonresidential structures shall:

Have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in § 107-46.1B(3), be in conformance with ASCE 24, Chapter 7, and be confirmed by an elevation certificate; or

Together with the attendant utility and sanitary facilities, be designed so that below the local design flood elevation, the structure:

Meets the requirements of ASCE 24, Chapters 2 and 7; and

Is constructed according to the design plans and specifications provided at permit application and signed by a licensed design professional, is certified by that individual in a floodproofing certificate, and is confirmed by an elevation certificate.

All new construction and substantial improvements with fully enclosed areas below the lowest floor shall be used solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding.

Enclosures shall:

For habitable structures, be situated at or above the adjoining exterior grade along at least one entire exterior wall, in order to provide positive drainage of the enclosed area in accordance with N.J.A.C. 7:13; enclosures (including crawl spaces and basements) which are below grade on all sides are prohibited;

Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is nonresidential and the requirements of § 107-46.8B(1)(d)[2] are met;

Be constructed to meet the requirements of ASCE 24, Chapter 2;

Have openings documented on an elevation certificate; and

Have documentation that a deed restriction has been obtained for the lot if the enclosure is greater than six feet in height. This deed restriction shall be recorded in the office of the County Clerk or the Registrar of Deeds and Mortgages in which the building is located, shall conform to the requirements in N.J.A.C. 7:13, and shall be recorded within 90 days of receiving a Flood Hazard Area Control Act permit or prior to the start of any site disturbance (including preconstruction earth movement, removal of vegetation and structures, or construction of the project), whichever is sooner. Deed restrictions must explain and disclose that:

The enclosure is likely to be inundated by floodwaters which may result in damage and/or inconvenience.

The depth of flooding that the enclosure would experience to the flood hazard area design flood elevation.

The deed restriction prohibits habitation of the enclosure and explains that converting the enclosure into a habitable area may subject the property owner to enforcement.

Garages and accessory storage structures. Garages and accessory storage structures shall be designed and constructed in accordance with the Uniform Construction Code.

Fences. Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of § 107-46.1E(3)(a) of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain-link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in § 107-46.1G of these §§ 107-46.1 through 107-46.12.

Retaining walls, sidewalks, and driveways. Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of § 107-46.1E(3)(a) of these regulations and N.J.A.C. 7:13.

Swimming pools. Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Aboveground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of § 107-46.1E(3)(a) of these regulations. Aboveground swimming pools are prohibited in floodways by N.J.A.C. 7:13.

Roads and watercourse crossings.

For any railroad, roadway, or parking area proposed in a flood hazard area, the travel surface shall be constructed at least one foot above the flood hazard area design flood elevation in accordance with N.J.A.C. 7:13.

Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of § 107-46.1E(3)(a) of these regulations.

§ 107-46.9 Flood damage prevention: temporary structures and temporary storage.

[Added 4-25-2023 by Ord. No. 23-06]

Temporary structures. Temporary structures shall be erected for a period of less than 180 days. Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the base flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of floodwaters.

Temporary storage. Temporary storage includes storage of goods and materials for a period of less than 180 days. Stored materials shall not include hazardous materials.

Floodway encroachment. Temporary structures and temporary storage in floodways shall meet the requirements of § 107-46.1E(3)(a) of these regulations.

§ 107-46.10 Flood damage prevention: Utility and Miscellaneous Group U.

[Added 4-25-2023 by Ord. No. 23-06]

Utility and Miscellaneous Group U. In accordance with Section 312 of the International Building Code, Utility and Miscellaneous Group U includes buildings and structures that are accessory in character and miscellaneous structures not classified in any specific occupancy in the Building Code, including, but not limited to, agricultural buildings, aircraft hangars (accessory to a one- or two-family residence), barns, carports, communication equipment structures (gross floor area less than 1,500 square feet), fences more than six feet (1,829 mm) high, grain silos (accessory to a residential occupancy), livestock shelters, private garages, retaining walls, sheds, stables, tanks and towers.

Flood loads. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the local design flood elevation as determined in § 107-46.1B(3).

Elevation. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the local design flood elevation as determined in § 107-46.1B(3) and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.

Enclosures below base flood elevation. Fully enclosed areas below the design flood elevation shall be constructed in accordance with § 107-46.8B and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawl space having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.

Flood-damage-resistant materials. Flood-damage-resistant materials shall be used below the local design flood elevation determined in § 107-46.1B(3).

Protection of mechanical, plumbing, and electrical systems. Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to or above the local design flood elevation determined in § 107-46.1B(3).

Exception: Electrical systems, equipment and components, and heating, ventilating, air-conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment, shall be permitted to be located below the local design flood elevation provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the local design flood elevation in compliance with the flood-resistant construction requirements of ASCE 24. Electrical wiring systems shall be permitted to be located below the local design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).

§ 107-46.11 Flood damage prevention: severability.

[Added 4-25-2023 by Ord. No. 23-06]

Where any section, subsection, sentence, clause, or phrase of these §§ 107-46.1 through 107-46.12 is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the regulations as a whole, or any part thereof, other than the part so declared.

§ 107-46.12 Flood damage prevention: effective date.

[Added 4-25-2023 by Ord. No. 23-06]

These §§ 107-46.1 through 107-46.12 shall take effect on April 25, 2023.

§ 107-47 Grading and filling.

A grading plan is required for all major subdivisions and site plan and/or all site plans greater than one acre. The plan shall show all existing and proposed contours at one-foot contour intervals. Either the footing and top-of-foundation elevations shall be shown consistent with the grading plan for the site and for each building, or the plan shall include a general note that all footing, top-of-foundation, and other required elevations shall be provided as part of the request for a construction permit as required in §§ 107-65 and 107-129 with the elevations being consistent with the approved development plan and other design requirements such as, but not limited to, driveway slopes.

[Amended 9-9-1997 by Ord. No. 97-8]

All lots where fill material is deposited shall have clean fill and/or topsoil deposited, which shall be graded to allow positive drainage away from all buildings and complete surface draining of the lot into local storm sewer systems or natural drainagecourses. No grading of a lot shall be permitted which would create or aggravate water stagnation or a drainage problem on the site or on adjacent properties; or which will result in any topsoil or subsoil removal from the site or from the Borough; or which will violate the provisions of the soil erosion and sediment control, soil removal and redistribution, and floodplain provisions of this chapter.[1] Grading shall be limited to areas shown on an approved site plan or subdivision. Any topsoil disturbed during approved excavation and grading operations shall be redistributed throughout the site.

[Amended 9-9-1997 by Ord. No. 97-8]

Editor's Note: See §§ 107-64, 107-65 and 107-46, respectively.

The grading plan shall show spot elevations throughout the site at all major corners of buildings, property corners, high points, low points, changes in grade, and at other locations as may be required to clarify design.

[Added 11-14-1995 by Ord. No. 95-20]

The developer/builder shall provide individual lot grading plan for all lots. Said plan shall show existing topographic conditions, structures, the methods of soil stabilization, and the final grading design.

[Added 11-14-1995 by Ord. No. 95-20]

§ 107-47.1 Home occupations.

[Amended 8-14-1979 by Ord. No. 79-13; 9-9-1997 by Ord. No. 97-8]

A home occupation is the use of part of a detached single-family dwelling for an occupation permitted under the zoning regulations. The use may be conducted wholly or in part from the residential building, but shall be limited to an accessory use which is incidental to the principal residential use. Such occupations shall be conducted solely by resident occupants of the residential building except that no more than one person not a resident of the building may be employed, and provided also that no more than 900 square feet, or the equivalent of half the first-floor area of the building, whichever is smaller, shall be used for such purposes; that the minimum area for the residence shall remain at least as large as that required for residences; that no display of products shall be visible from the street; that no employees are dispatched to work assignments from the home; that no employee vehicles are parked on or around the residential lot while the employees work elsewhere; that there shall be no more than one motor vehicle used in the home occupation and that vehicle shall be parked on site; no motor vehicle used in the home occupation shall be parked elsewhere in the residential zone; that the residential character of the building shall not be changed; that no signs shall be displayed other than the name of the occupation as permitted under the sign regulations; that the occupation shall be conducted entirely within a detached single-family dwelling, but shall not be conducted either in the yard or in an accessory building ; that no occupational sound shall be audible outside the building ; that no machinery or equipment shall be used which will cause interference with radio and television reception in the neighboring residences; and that the use does not reduce the parking or yard requirements of the principal residential use. A person who resides in a home and has an area devoted to a study, office, or library shall be permitted as a customary and incidental accessory use, and shall not be considered a home occupation, provided that there are no employees, no clients visiting the site, no signs, no lighting and no deliveries.

§ 107-48 Homeowners' association.

Where open space or other common property is generated and the Borough will not take title to such land, a homeowners' association shall be established which shall be an incorporated nonprofit organization operating in the development under a recorded land agreement. The documents creating the organization shall incorporate the following provisions and the documents shall be submitted and approved prior to or as part of final plat approval.

Membership in the homeowners' association by all property owners shall be mandatory. Required membership and the responsibilities upon the members shall be in writing between the association and each member in the form of a covenant with each agreeing to liability for his prorated share of the association's costs. Each dwelling unit shall be subject to a charge for a proportionate share of the expenses for the organization activities and maintenance, including any maintenance costs levied against the association by the Borough. Each owner and tenant shall have a right to use the open space and common property.

The association shall be responsible for liability insurance, with the Borough carried as the named insured, taxes, maintenance and any other obligations assumed by the association and shall hold the municipality harmless from any liability. The association shall not be dissolved and shall not dispose of any open space or other common property, by sale or otherwise, except to an organization conceived and established to own and maintain the open space or other common property for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space or other common property without first offering to dedicate the same to the municipality or municipalities wherein the land is located.

The assessment levied by the association upon each member may become a lien on each member's property. The association shall be allowed to adjust the assessment to meet changing needs.

The association shall clearly describe in its bylaws all the rights and obligations of each tenant and property owner, including a copy of the covenant, model deeds and articles of incorporation of the association and the fact that every tenant and property owner shall have the right to use all open space and common properties. These shall be set forth as a condition of approval and shall be submitted prior to the granting of final approval.

The Articles of Incorporation, covenants, bylaw, model deeds and other legal instruments shall ensure that control of the homeowners' association shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied and shall clearly indicate that, in the event such organization shall fail to maintain the open space or other common property in reasonable order and condition, the municipality may serve written notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain the open space or other common property in reasonable conditions, and said notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof, and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice. At such hearing, the designated municipal body or officer, as the case may be, may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof shall not be cured within said 35 days or any permitted extension thereof, the municipality, in order to preserve the open space or other common property and maintain the same for a period of one year may enter upon and maintain such land. Said entry and maintenance shall not vest in the public any rights to use the open space or other common property except where the same is voluntarily dedicated to the public by the owners. Before the expiration of said year, the municipality shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space or other common property, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the municipality, at which hearing such organization and owners of the development shall show cause why such maintenance by the municipality shall not, at the election of the municipality, continue for a succeeding year. If the municipality shall determine that such organization is ready and able to maintain said open space or other common property in reasonable condition, the municipality shall cease to maintain said open space or other common property at the end of said year. If the municipality shall determine such organization is not ready and able to maintain said open space or other common property in a reasonable condition, the municipality may, in its discretion, continue to maintain said open space or other common property during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the municipality in any such case shall constitute a final administrative decision subject to judicial review.

The cost of such maintenance by the municipality shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space or other common property in accordance with assessed value at the time of imposition of the lien, and such cost shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon and enforced and collected with interest by the same officers and in the same manner as other taxes.

§ 107-48.1 Landscape plan.

[Amended 4-22-2003 by Ord. No. 03-12]

General.

Any part or portion of a site which is not used for buildings or other structures, loading and parking spaces and aisles, other paving, sidewalks, and designated storage areas shall be landscaped with an all-season ground cover, trees and shrubs, or shall be left in its natural state, all as set forth in the Landscape Plan and approved by the appropriate authority.

The landscape plan shall be prepared by a registered landscape architect or other qualified professional, and shall be reviewed by the Borough's consultants and approved by the appropriate authority.

Design standards for landscape plans shall include the following principles:

Where possible, landscape materials should provide climate control. For example, shade trees on the south side will shield structures from the summer sun and evergreens on the north will provide wind breaks.

Landscaping will be used to accent and complement buildings. For example, groupings of tall trees will break up long, low buildings while lower plants provide a visual base for taller buildings.

Plants should be appropriate to the space to be landscaped, with mature sizes that will fill the area without excess maintenance.

Vines and climbing plants, with or without supporting lattice, should be considered for large expanses of wall.

Smaller trees may be used on narrow streets.

Landscape plantings should provide a variety of plant types and species. The varieties used should take into consideration susceptibility to disease, color, seasonal interest, texture, shape, blossoms, and foliage.

Plants should be evaluated for suitability at various time intervals. For example, shrubs that will grow to block sight lines, or that will overhang curbs or walkways at maturity, and foundation plants that will overtake the windows should be avoided.

Local soil conditions and water availability must be evaluated in choosing plant material.

Entrances to developments and businesses deserve special landscape treatments.

Use of lawn in the landscape will be minimized, with primary lawn areas restricted to key areas. Ground covers suitable to the site and the design will be substituted for lawn as required to complete the open space.

Street trees, buffer areas, and other required planting shall be in accordance with this and other referenced sections of this chapter.

Street trees and other required plant material shall not be planted until the finished grading of the subdivision of land development has been completed.

All planting beds and lawn areas, including buffers and other areas directed by the reviewing Board, shall have an automatic irrigation system. The irrigation system shall be designed by a qualified professional and should reflect practices consistent with good irrigation design and water conservation, including but not limited to the use of automatic rain gauges and moisture sensors as required. The installed system shall permit no overspray of paving or roadways.

All required plantings shall be guaranteed from the date of planting until the Borough accepts all improvements in the development and the plantings shall be certified to be alive and healthy by the Borough's agent prior to the expiration of the guaranty period. These and other landscape improvements shall be assured as required in § 107-16. Such guarantee shall be released no sooner than the end of the second growing season following planting.

All mechanical and electrical equipment not enclosed within a building shall be fully and completely screened from view from any public street in a manner compatible with the architectural and landscaping style approved on the remainder of the lot. Such screening shall be part of the landscape plan.

Landscape plans should show care in selection of plant material. Native species are encouraged wherever possible. Plants must be hardy for this area and for the proposed growing conditions, and must be true to species and variety. Plant material must meet or exceed American Association of Nurserymen standards for size, habit, and general health.

Existing vegetation.

In an effort to mitigate the degradation of the Borough's natural resources, to promote surface water retention, proper drainage and stormwater quality, and to protect exposed soil surfaces, the Borough encourages the protection and preservation of existing mature trees. All developments shall be laid out, where possible, in such manner as to preserve the healthy trees and shrubs, tree rows, and hedges on the site. The following criteria will be used in the review process to evaluate the value of tree removal in specific instances.

Whether the cutting or removal of a tree would change existing drainage patterns.

Whether the cutting or removal of a tree would allow soil erosion or create dust.

Whether the cutting or removal of a tree would constitute a significant change in the screening between existing or proposed buildings on the site.

Whether the cutting or removal of a tree would constitute a horticulturally advantageous thinning of an existing hedgerow area, taking into consideration the tree species, size, and health.

Whether the cutting or removal of a tree would impair the growth and development of the remaining trees on the property.

Whether the area where the tree is located is likely to cause hardship or endanger the public or the owner of the property or adjacent property if not removed.

Whether any planned tree replacement or other landscape plan for revegetating cleared areas is offered.

In cases where existing features on the site essentially duplicate the requirements for street trees, buffering, or other landscaping provisions as set forth in this chapter, the existing natural features shall be shown on the landscape plan to be reviewed and acted upon by the appropriate authority. These must be clearly marked on the plans as existing material to remain.

During the construction on any site, trees and shrubs shall be protected to ensure that there is not encroachment within the area of their dripline by changing grade, trenching, stockpiling of building materials or topsoil, or the compaction of the soil and roots by any motor vehicle.

All diseased or dead trees shall be promptly removed from the site. All removal of plant material shall be done in accordance with the specifications set forth by the American Association of Nurserymen.

Parking facilities.

Screen planting shall be provided along each perimeter of a parking area. In addition, no less than 10% of the interior of a proposed parking area must consist of buffer areas and islands and must be landscaped and continually maintained.

Any area for off-street parking or for display, storage, sale, or movement of three or more motor vehicles shall be enclosed, except at entrances or exits and the required sight triangles, by an ornamental fence or wall consistent with the architectural character of the surrounding uses, or by a compact evergreen hedge, not less than four feet in height.

Where a planted screen is proposed, it shall incorporate the planting of staggered and overlapping evergreen and deciduous shrubs of such species and size as will produce a screen at least four feet higher than the elevation of the adjacent parking area, and of such density as will obscure 75% of the light emitted from automobile headlights on the premises throughout the full course of the year within two growing seasons after planting. Where the adjacent land elevation is higher than the parking area elevation, trees and shrubs shall be at least two feet in height, satisfaction of the four-foot requirement notwithstanding. These provisions shall not, however, interfere with the requirement for clear sight triangles.

Within a parking lot, parking areas of a twenty-vehicle width shall be separated from one another by planting strips not less than 10 feet in width.

All parking areas shall have at least one tree of 3 1/2 inches caliper minimum for every five parking spaces in single bays and for every 10 parking spaces in double bays.

All areas between the parking area and the building shall be planted according to the approved landscape plan with trees, shrubbery, ground cover and grassed lawn.

In parking areas it is recommended that trees, shrubs, and ground covers be selected for appropriate growth habit and suitability to carbon monoxide and other noxious gases, and road salt.

A planting island, sized the same as the allotted parking spaces, shall be provided for every 10 parking spaces to break up the rows of parked vehicles. If a connecting path or sidewalk is required, connecting the various rows of parking, through any planting island, the islands shall be increased accordingly in width to maintain full planting size.

Multiple-family developments. For all multifamily developments, the following minimum landscaping shall be shown on the landscape plan in addition to all other required street tree, parking and buffer requirements:

Any combination of the following shall be required for each dwelling unit. Either:

One two-inch to three-inch caliper shade tree; or

One six-foot evergreen tree; or

Two eight-foot-high ornamental trees; or

Eight two-and-one-half-foot to three-foot shrubs.

Street trees.

General requirements.

Street trees and associated planting shall be required for any development as part of the design and construction of:

New streets;

New sidewalks or pedestrian- or bicycle ways;

Existing streets, sidewalks, pedestrianways, highways, bicycle or other trails or pathways when they abut or lie within the development; and

Access driveways to residential developments serving more than four dwelling units.

Trees shall not, at maturity, obstruct existing overhead utilities nor visibility of traffic control signs or signals, or visibility at street intersections or driveway entrances.

Plant material shall be selected to minimize future maintenance costs, including but not limited to considerations of pruning, tree removal and sidewalk repair.

Plant material shall not interfere with underground utilities, stormwater management facilities, or restrictions within easements.

Plant material shall be adaptable to the specific planting site and achieve the specified design objectives of the plan. Tree species shall be selected from the current nursery stock suitable for urban growing conditions, using native species whenever possible, that are hardy for the area, not susceptible to disease or environmental stress, and will exhibit full, symmetrical form at maturity. Trees with invasive root systems shall not be selected.

Plant material shall be spaced to permit the healthy growth of each plant. As a general rule, trees with a narrow growth habit shall be placed closer together than those with a spreading growth habit.

Plant material shall mitigate adverse microclimate conditions.

Quantity.

Street trees generally shall be at intervals not to exceed 20 feet along the street right-of-way as part of a residential or nonresidential development. Trees shall alternate from one side of the street to the other with forty-foot maximum spacing between trees on the same side, or as otherwise specified by the approving authority. The mature tree size and planting intervals shall be as follows:

Large tree (mature height 40 feet or greater): planting interval of 40 feet.

Medium tree (mature height 30 feet to 40 feet): planting interval of 30 feet.

Small tree (less than 30 feet mature height): planting interval of 20 feet.

Street trees shall be provided at maximum intervals of 40 feet along a median divider or within a landscaped island in a cul-de-sac.

An equivalent number of trees may be planted in an informal arrangement as approved on the landscape plan.

Location.

Street trees shall not be planted opposite each other, but shall alternate as described in Subsection E(2)(a) above.

At intersections, trees shall be located no closer than 30 feet to the intersection of the curblines.

Trees shall be so located so as to not interfere with the installation and maintenance of sidewalks and utilities. Street trees shall be provided by the applicant and planted on lots a minimum distance of five feet inside the lot lines paralleling the right-of-way line rather than within the right-of-way.

Size. Tree caliper at the time of planting shall be between three and 3 1/2 inches measured six inches above the top of the root ball or ground level.

Invasive species as defined by NJDEP shall not be included as part of any planting plans.

Buffers.

Buffer areas shall require site plan approval and are required along all lot lines and street lines which separate a nonresidential zoning district from a residential zoning district; in residential areas between single-family and multifamily developments; in commercial areas between light commercial and heavy industrial uses; and in all zones where there is reverse frontage design along public streets. Buffer areas shall be developed in an aesthetic manner for the primary purposes of screening views and reducing noise perception beyond the lot. Buffer areas shall be designed by a landscape architect. The Board may require a more or less significant landscape buffer than normal if appropriate to the site.

The standards for location and design of buffer areas are intended to provide flexibility in order to provide effective buffers. The location and design of buffers shall give consideration to the use of the portion of the property being screened; the distance between the use and the adjoining property line; differences in elevations; the type of buffer (such as dense planting, existing woods, a wall or fence); buffer height; buffer width; and other combinations of man-made and natural features. The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line, or the more intense the use, the more effective the buffer area must be in obscuring light and vision and reducing noise beyond the lot.

Buffers may be designed to meet one of the following circumstances:

Nuisance buffer. This type of landscape buffer is appropriate in areas between commercial or residential uses and adjacent commercial or different residential uses, or zones where a continuous visual screen is appropriate. These buffers will ideally provide a visual screen of mixed evergreen trees, evergreen shrubs and deciduous shrubs.

Filtered buffer. This buffer can soften the impact of a land use while still allowing views beyond the buffer area. For example, this is the type of buffer that shall be provided around the perimeter of parking areas, internal site access roads or lanes, and the perimeter of a site which abuts a lane, street, road or highway, or an adjacent site where a complete visual screen is not appropriate. Ideally this type of buffer shall provide screening of safety distractions such as the glare from automobiles and light standards; it will provide a visually pleasing environment; and it will provide spatial definition. It will likely include low to medium-sized (four feet) evergreen shrubs and perennials.

Windbreak/heavy screening. This type of buffer is appropriate in areas where the addition of a windbreak to stop windborne debris from leaving a site is necessary, or where objectionable facilities or utility structures require a complete visual screen. This would include buffer areas around outdoor storage facilities, loading areas, or solid waste disposal facilities (dumpsters).

Reverse frontage buffer. This type of buffer will be required where the rear yards of residential units and/or lots face or front on a roadway, and when any yard or residential unit or lot faces or fronts on an expressway or arterial highway. These buffers shall be planted in such a way as to provide a living screen between the roadway and the development within a reasonable time. The buffer shall be planted within the twenty-five-foot buffer strip along the right-of-way for the full length of the development and shall include a row of canopy and/or flowering trees that is nursery-grown stock. Evergreen trees shall be staggered behind these trees, spaced no more than 15 feet apart and shall be at least five feet in height at planting.

Alternatively, where topography permits, earthen berms shall be encouraged at a sufficient height to establish a buffer between the development and the highway. Berms shall be asymmetrical, undulating mounds of varying heights. They shall be planted with evergreens and deciduous trees according to a landscape plan, and they shall be designed to have no adverse effect on nearby properties.

Any fencing located along an arterial or collector road shall be on the house or developed side of the buffer area. Said fence shall meet the requirements of § 107-93H.

Minimum sizes of plant material at the time of installation shall be as follows:

Shade tree: 2.5 inches to 3.0 inches caliper.

Ornamental tree: eight feet in height.

Evergreen trees: six feet in height.

Tall evergreen and deciduous trees: 2 1/2 feet to three feet in height.

Low evergreen and deciduous trees: 18 inches to 24 inches in height.

Plant quantity shall be determined adequate if it will provide the required screening from the adjacent property within two growing seasons.

Buffer width; obscuring of activities within buffer.

Buffer widths shall be measured horizontally and perpendicularly to lot and street lines. No structure, activity, storage of materials or parking of vehicles shall be permitted in a buffer area.

At least 1/2 of any periphery that requires a buffer shall have an area at least 15 feet wide which shall be designed, planted, graded, landscaped and developed to obscure the activities of the site from view. Not more than 1/2 of the periphery that requires a buffer can consist of at least two of the following:

Decorative fencing or walls in a landscaped area not less than 10 feet wide.

A landscaped berm at least six feet high that shall be planted with trees, evergreens and/or shrubbery to increase its effective height.

A building with a setback of at least 200 feet with a grade of less than 20% where groups of plantings and trees are located within this area to enhance some architectural feature(s) of the structure and break up large open areas. (There will be no other use permitted in this yard area.)

A parking area with a setback of at least 100 feet that is screened as required under the off-street parking provisions of this chapter.

All buffer areas shall be planted and maintained with either grass or ground cover, together with a screen of live shrubs or scattered planting of live trees, shrubs or other plant material meeting the following requirements in Subsection F(1) above, with the following stipulations:

The preservation of all natural wooded tracts shall be an integral part of all site plans and may be calculated as part of the required buffer area, provided that the growth is of an approximate density and the area has sufficient width to serve the purpose of a buffer. Where additional plantings will establish an effective buffer, said plantings may be proposed as part of the landscape plan.

The applicant may not be required to provide a buffer where existing plantings, topography, or man-made structures are deemed acceptable by the approving authority. All desirable existing vegetation in a buffer area shall be preserved through sensitive development and grading.

All trees and shrubs used shall meet the height requirements at the time of planting and shall be planted in a staggered arrangement in order to provide an immediate screening effect.

Deciduous and semideciduous plants are recommended for use in conjunction with evergreens to provide color and a softer, more interesting natural effect.

The screen planting shall be so placed that at maturity it will not be closer than three feet from any street or property line.

§ 107-49 Lighting.

All outdoor lighting shall be shown on site plans and be subject to approval. The lighting details shall include the height of the fixture, design of the fixture, shielding as appropriate, and the intensity of light. The plan shall show the pattern of light intensity for each fixture in order to allow a determination of the effects at the property line, on nearby streets, driveways, residences and overhead sky glow. In areas of high activity, the approving authority may require a reduction in lighting after certain hours.

The light intensity provided at ground level shall be dependent upon the use and nighttime activity level, as follows:

[Amended 11-14-1995 by Ord. No. 95-20]

Use		Average Footcandles
High activity:
	Parking lots/walkways in business and similar areas	2
	Commercial loading areas	10
	Basketball and tennis courts	10
	Playgrounds (general)	5
Medium activity:
	Streetlighting at intersections	1.2
	Streetlighting at mid-block and similar locations	0.6
Low activity:
	Lighting along rural roads and similar locations	0.8

On-site lights shall not exceed a height of 25 feet on nonresidential lots nor exceed a height of 12 feet on residential lots. The light fixture shall be a design with a recessed bulb such as a shoebox-type fixture or other design that has a sharp cutoff of the light to limit sideways glare.

[Amended 11-14-1995 by Ord. No. 95-20]

Uniform illumination is desirable, that is, the lowest footcandle value should not be less than 1/4 the recommended average. No lighting shall shine directly or reflect into the window of residences, nor shall lighting shine or reflect onto streets and driveways in such a manner as to interfere with driver vision. No lighting shall be of a yellow, red, green or blue beam or be of a rotating, pulsating beam or other intermittent frequency. The intensity of such light sources, light shielding, the direction and reflection of the lighting and similar characteristics shall be subject to the site plan approval by the Planning Board.

See also § 107-67.

§ 107-50 Lots.

Lot dimensions and area shall not be less than the requirements of the zoning provisions, including the provision for an additional 25 feet of lot depth along arterial and collector roads as called for in § 107-68D.

[Amended 12-27-1988 by Ord. No. 88-24]

Insofar as is practical, side lot lines shall be either at right angles or radial to street lines.

Each lot must front upon an approved, paved street with a right-of-way of at least 50 feet.

Through lots with frontage on two streets are permitted, provided that access shall be to the street with the lower traffic function.

Where extra width has either been dedicated or anticipated for widening of existing streets, zoning considerations shall begin at such new street line and all setbacks shall be measured from such line.

Two or more contiguous lots under the same ownership, regardless of whether or not each may have been approved as portions of a subdivision, acquired by separate conveyance, or by other cooperation of law, and one or more of said lots does not conform with the minimum area and/or dimension requirements for the zone in which it is located, the contiguous lots shall be considered as a single lot, and the provisions of this chapter shall hold.

Any nonconforming lot existing at the time of adoption of this chapter which does not meet the definition of the previous Subsection F may have a construction permit issued for a permitted use without an appeal for a variance, provided that the building coverage is not exceeded and parking requirements are met, and provided further that the nonconforming lot abuts lots on either side that are developed and the nonconforming lot is the largest possible assemblage of contiguous land under the preceding subsection; but where the nonconforming lot abuts either a vacant lot or an oversized developed lot, the issuance of a construction permit may be delayed until the approving authority determines the reasonableness of requiring the applicant to acquire additional land to reduce or eliminate the nonconformity. Where the resulting lot is still nonconforming, the yard and height provisions may be reduced to the same percentage the area of the undersized lot bears to the zone district requirements, except that no side yard shall be less than half that required by this chapter, or five feet, whichever is greater, and no building shall be required to have a height less than 12 feet.

Whenever land has been dedicated or conveyed to the municipality by the owner of a lot in order to meet the minimum street width requirements or to implement the Official Map or Master Plan and such lot existed at the effective date of this chapter, the Construction Official shall not withhold a building and/or occupancy permit when the lot depth and/or area was rendered substandard due to such dedication and where the owner has no adjacent lands to meet the minimum requirements.

Lots shall be required to have such additional area or dimensions as necessary to assure adequate lot area and lot dimensions as well as front, side and rear yards located outside of floodways, wetlands and wetland buffer areas as set forth in the various definitions for lots and yards. The area of residential lots shall not include areas for detention basins and similar stormwater management functions as set forth in § 107-42D.[1]

Editor's Note: Former § 107-50.1, Low- and moderate-income housing, added 7-26-1988 by Ord. No. 88-20, as amended 7-6-2006 by Ord. No. 06-34; and 12-12-2006 by Ord. No. 06-45, was repealed 12-14-2021 by Ord. No. 21-23.

§ 107-51 Monuments.

Monuments shall be the size and shape required by N.J.S.A. 46:23-9.12 of the Map Filing Law, as amended, and shall be placed in accordance with said statute and indicated on the final plat. All lot corners shall be marked with a metal alloy pin of permanent character.

§ 107-52 Natural features.

Natural features such as trees, brooks, swamps and views shall be preserved whenever possible. On individual lots, care shall be taken to preserve selected trees having a caliper of six inches or greater in order to enhance soil stability and the landscape treatment of the area.

Removal of natural resources shall be prohibited except as follows, and topsoil moved during construction shall remain on site and be redistributed on site.

As a part of the construction or alteration of a building or the grading incidental to a building or such other grading necessary for a development as approved on a subdivision or site plan.

In connection with normal lawn preparation and maintenance.

In connection with the construction or alteration of a street or utility improvement.

In farming operations in those zoning districts where farming is permitted, provided that sound soil conservation practices are observed.

§ 107-53 Off-site and off-tract improvements.

Before final approval, the approving authority may require, in accordance with the standards of this chapter, the installation, or the furnishing of a performance guaranty in lieu thereof, of any or all of the following off-site and off-tract improvement which are necessary or appropriate for the protection of the public interest by reason of the development's effect on lands other than the development's property: street improvements, surveyor's monuments, water system, storm sewers, sanitary sewers or other means of sewage disposal, drainage structures, erosion control and other improvements of similar physical character type, including easements or rights-of-way therefor.

Where such off-site and off-tract improvements are required, the approving authority shall refer the requirements to the governing body for confirmation. The governing body shall confirm or reject the requirements referred by the approving authority within 65 days of the date of referral, unless the applicant agrees in writing to an extension of time. If the governing body does not confirm the off-site and off-tract improvements or if the time period or an extension expires, the approving authority shall proceed to act on the application without consideration of the off-site and off-tract improvements.

As part of its confirmation, the governing body shall determine as to each required improvement whether the off-site and off-tract improvement is to be constructed by the municipality as a general improvement, or as a local improvement, or by the applicant with a formula for providing partial reimbursement if the improvement specially benefits properties other than the subdivision.

If the governing body confirms any or all of the off-site and off-tract improvements required, the applicant shall provide an estimate of said improvements. The approving authority, with the aid of the Municipal Engineer and such other persons having pertinent information or expertise, shall review the cost of the improvement and the amount by which all properties to be serviced thereby, including the development property, will be specially benefited therefrom.

Any performance guaranty required in connection with a development application shall include an amount sufficient to ensure payment to the municipality of one of the following amounts:

If the improvement is to be constructed by the municipality as a general improvement, an amount equal to the difference between the estimated cost of the improvement and the estimated total amount by which all properties to be serviced thereby, including the development property, will be specially benefited by the improvement.

If the improvement is to be constructed by the municipality as a local improvement, then, in addition to the amount referred to in Subsection E(1) above, the estimated amount by which the development property will be specially benefited by the improvements.

If the improvement is not to be constructed by the applicant, an amount equal to the estimated cost of the improvement.

Upon full completion of any required off-site or off-tract improvement for which the applicant has posted a performance guaranty, the estimated amounts used to calculate the amount of the guaranty shall be redetermined to the end that the applicant shall be required to pay his appropriate share of the actual cost of the improvement.

All financial considerations concerning off-site and off-tract improvements shall be resolved prior to final plat approval.

§ 107-54 Off-street parking and loading.

Access to and from lots serving more than six spaces. All driveways shall comply with § 107-42.1, Driveways.

Access to parking and loading spaces. Individual parking and loading spaces shall be served by on-site aisles designed to permit each motor vehicle to proceed to and from each parking and loading space without requiring the moving of any other motor vehicle. Where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail.

Buffers and setbacks. Parking and loading areas for commercial and industrial uses shall be buffered from adjoining streets, existing residential use or any residential zoning district in a manner meeting the objectives of the buffer section of this chapter.[1] The edge of a parking space shall be at least 15 feet from the street right-of-way with this area being landscaped as set forth on an approved landscape plan. (See § 107-48.1.) Loading spaces and on-site aisles running parallel to public streets shall be at least 25 feet from the street right-of-way. No parking space, loading space, driveway, aisle, or similar facility serving a nonresidential use shall be closer than 25 feet to a residential zoning line.

[Amended 11-14-1995 by Ord. No. 95-20]

Editor's Note: See § 107-37.

Curbing. All off-street parking areas serving more than six spaces and all off-street loading areas shall have concrete or blue stone curbing around the perimeter of the parking and loading areas and to separate major interior driveways from the parking and loading spaces. All curbing shall be located in conjunction with an overall drainage plan. Curbing installed at locations requiring pedestrian access over the curbing shall be designed to have ramps from the street grade to the sidewalk. The breaks shall be either opposite each aisle or no less frequent than one every 65 feet along the curb.

Dimensions.

Off-street parking spaces shall be a minimum of 20 feet in length. Where a curbline provides a wheel stop for vehicles, the parking space may be paved 18 feet in length, provided that the additional two feet needed for the parking space is available in an area overhanging the curb area. This overhang area shall not result in reducing any abutting sidewalk area. Parking spaces shall be at least 10 feet wide. The spaces shall be delineated by painted lines using Long Life Epoxy Resin with glass beads per NJDOT Standard Specifications for Road and Bridge Construction, 1996, Sections 618 and 912, as amended. The striping shall be a hairpin design for parking space widths less than 10 feet. Access aisle widths shall be in accordance with the following schedule. The number of spaces and their dimensions designed and located to serve the handicapped shall comply with state regulations. Said spaces shall be designated as parking for the handicapped and shall be located so that access does not require wheeling or walking behind parked cars.

[Amended 11-14-1995 by Ord. No. 95-20; 9-9-1997 by Ord. No. 97-8]

Angle of Parking Space	One-Way Aisle (feet)	Two-Way Aisle (feet)
90	24	24
60	18	24
45	15	24
30	12	24
Parallel	12	24

Off-street loading spaces shall have 15 feet of vertical clearance and be designed in accordance with the following schedule:

Loading Space		Apron/Aisle Length
Length (feet)	Width (feet)	90 (feet)	60 (feet)
60	10	72	66
60	12	63	57
60	14	60	54

Drainage. All parking and loading areas shall have catch basins and drainage facilities installed in accordance with good engineering practices as approved by the Municipal Engineer and in accordance with the drainage provisions of Article IV of this chapter.[2] The surface of parking and loading areas shall have a minimum slopes of 0.75% and a maximum slope of 8%. Where subbase conditions are wet, springy or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to provide a stable condition and backfilled with a suitable subbase material as approved by the Municipal Engineer. Where required by the Engineer, a system of underdrain shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material shall be applied.

Editor's Note: See § 107-42.

Surfacing, as follows, shall be approved as part of the plan approval:

Areas of ingress and egress, loading and unloading areas, major interior driveways, aisles and other areas likely to experience similar heavy traffic shall be constructed with a) four inches of compacted dense graded aggregate constructed in accordance with Section 301, Soil Aggregate Base Coarse and Dense Graded Aggregate Base Coarse, of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction (1989) and amendments thereto; and b) not less than five inches of compacted base course of plant-mixed bituminous stabilized base course, NJDOT Mix I-1, constructed in layers not more than three inches compacted thickness, or an equivalent, and prepared and constructed in accordance with Section 304, Bituminous Stabilized Base Coarse, Mix I-1 of the New Jersey Department of Transportation Standard Specifications for Roads and Bridge Construction (1989) and amendments thereto; and c) a minimum two-inch thick compacted wearing surface of bituminous concrete surface coarse, NJDOT Mix I-5 or equivalent shall be constructed thereon in accordance with Section 404, Bituminous Concrete Surface Coarse, Mix I-5, of the New Jersey Department of Transportation Standard Specifications for Roads and Bridge Construction (1989) and amendments thereto.

Parking space areas and other areas likely to experience light traffic shall be constructed with a) four inches of compacted dense graded aggregate constructed in accordance with Section 301, Soil Aggregate Base Coarse and Dense Graded Aggregate Base Coarse, of the New Jersey Department of Transportation Standard Specifications for Road and Bridge Construction (1989) and amendments thereto; and b) paved with not less than three inches of compact base course of plant-mixed bituminous stabilized base course, NJDOT Mix I-1, or an equivalent, prepared and constructed in accordance with Section 304, Bituminous Stabilized Base Coarse of the New Jersey Department of Transportation Standard Specifications for Roads and Bridge Construction (1989) and amendments thereto. At least 1.5 inches NJDOT Mix I-5 surface of bituminous concrete surface coarse or equivalent shall be constructed thereon in accordance with Section 404, Bituminous Concrete Surface Coarse, of the New Jersey Department of Transportation Specifications and amendments thereto.

Landscaping in parking and loading areas shall be shown on the landscaping plan as required in § 107-48.1.

Incidental uses. Unless otherwise approved on the site plan, no part of a parking lot or loading area, including parking spaces, loading spaces, driveways and/or aisles may be used for incidental uses and activities such as, but not limited to, booths, clothing or similar dropoff areas, flea markets, or collection bins.

Minimum loading and trash recycling requirements. Adequate off-street loading and maneuvering space shall be provided for every use. The minimum number of spaces shall be based on the following schedule. The dimensions shall comply with § 107-54E above. Those uses not listed shall provide sufficient spaces as determined under site plan review.

[Amended 9-13-1977 by Ord. No. 77-16]

All locations shall be designed to accommodate both side- and rear-loading vehicles.

A minimum of one loading space per use, except that where more than one use shall be located in one building or where multiple uses are designed as part of a shopping center or similar self-contained complex, the number of loading spaces shall be based on the cumulative number of square feet within the building or complex, shall be dispersed throughout the site to best serve the individual uses and shall have site plan approval.

There shall be a minimum of one location for recycling containers separate from the parking and loading areas and located either within or outside a building in steel-like, totally enclosed container(s) located and screened to be obscured from view from parking areas, streets and adjacent residential uses or zoning districts. Stockade fencing for screening shall not be acceptable. If located within the building, the doorway(s) may serve both the loading and trash/garbage collection functions. If containers are used for trash/garbage collection functions as well as the recycling requirements and these facilities are located outside the building, they may be located adjacent to or within the general loading area(s), provided that the containers in no way interfere with or restrict the loading and unloading functions.

Minimum Loading Requirements
	Gross Floor Area
Uses	Minimum Number of Loading Spaces*	At Which First Berth is Required	At Which Second Berth is Required	Number of Additional Square Feet For Each Additional Berth
Residential, church, school, pool, firehouse, golf course, day-care center, service station, movie theater, car wash	—— No spaces required ——
Auto/truck sales	1	10,000	40,000	40,000
Bowling alley	1	10,000	100,000	100,000
College administration facilities	1	10,000	100,000	100,000
Contractor's yard	1	10,000	25,000	20,000
Dormitories	1	25,000	100,000	100,000
Financial institution	0	10,000	100,000	100,000
Hospital	1	10,000	100,000	100,000
Library	0	10,000	100,000	100,000
Lumberyard	1	10,000	25,000	20,000
Manufacturing, assembly, fabricating	1	5,000	40,000	30,000
Mortuary	1	10,000	100,000	100,000
Motel	1	10,000	100,000	100,000
Municipal building	0	10,000	100,000	100,000
Nightclub	1	10,000	25,000	20,000
Offices	1	10,000	100,000	100,000
Personal service	0	10,000	20,000	20,000
Research	1	5,000	40,000	40,000
Restaurant	1	10,000	25,000	20,000
Retail store	1	10,000	20,000	20,000
Shopping center	1	10,000	40,000	40,000
Veterinary hospital	1	10,000	100,000	100,000
Warehouse, shipping and receiving	1	5,000	40,000	30,000
Wholesale fuel distribution	1	10,000	40,000	30,000

*NOTE: The minimum number of spaces shall prevail for uses that have not attained the gross floor area where the first space is required.

Where any use is located on a tract of at least 50 acres and no portion of a loading area, including maneuvering areas, is closer than 200 feet to any property line and where the length of the driveway connecting the loading area to the street is at least 300 feet, the number of off-street loading spaces may be less than the number required by the above schedule, provided that the applicant, as part of the site plan application, shall indicate on his site plan and shall document to the Planning Board how the number of spaces to be provided will be adequate to meet the needs of the specific use proposed.

The Borough of Glassboro requires all residential property owners and commercial operators to provide facilities for recycling of paper, glass, metals, motor oil, lawn clips and similar material as per Borough Ordinance 74-3 and all amendments thereto.[3] All commercial operators shall provide facilities for the storage of recyclable materials. All trash enclosures shall be provided with separate areas for the storage of recyclable materials in a safe manner to prevent these materials from being blown airborne, washed away, or otherwise removed from the enclosure area. The trash enclosure and recycling areas shall be enclosed in a concrete block containment area with automatic closing gates. The architectural design of the enclosure shall be compatible with the architecture of the main structure, facility, or surroundings.

Editor's Note: See now Ch. 408, Solid Waste, Art. II, Recycling.

Minimum parking requirements.

The number of parking spaces for each use shall be determined by the number of dwelling units, the amount of gross floor area as defined in this chapter or such other measure as noted below. Where a particular function contains more than one use, the total parking requirements shall be the sum of the component parts. Where a use operates its own vehicle(s), which vehicle(s) will be parked or stored at the business, the parking or storing spaces required for the vehicle(s) shall be in addition to the minimum off-street parking and loading requirements of this chapter.

[Amended 9-13-1977 by Ord. No. 77-16; 12-26-2000 by Ord. No. 00-42]

	Minimum Parking Requirements
	Use	Minimum Number of Spaces [Gross Floor Area (GFA)]
	Auto/truck sales	1 per 50 square feet of showroom area and sales office
	Banquet hall	1 per 3 seats
	Bowling alley	4 per alley
	Boardinghouse (which shall include but is not limited to a residential dwelling wherein one or more rooms within said residential building are rented or sublet to 1 or more persons)	1 per boarder
	Car wash	8 per washing lane
	Catering hall	1 per 3 seats
	Church	1 per 5 seats
	College administration facilities	1 per 200 square feet of GFA
	Community swimming pool	1 per 15 square feet of water surface area
	Day-care center	1 per 600 square feet
	Dormitories	1 per occupant
	Drive-up window services	8 vehicles per lane with each lane designed to be separate from other on-site circulation and parking areas. There shall be one bypass lane.
	Financial institution	1 per 250 square feet of GFA
	Firehouse	1 per 400 square feet of GFA
	Fraternity house	1 per occupant
	Golf course	4 per hole
	Library	1 per 300 square feet of GFA
	Lumber and contractor's yard	1 per 5,000 square feet of GFA
	Manufacture, assembly, fabrication	1 per 800 square feet of GFA
	Medical facility	1 per 200 square feet of GFA, but not less than 3 spaces per examination/treatment room
	Meeting halls	1 per 3 seats
	Mortuaries	15 per viewing room and chapel
	Motel	1.1 per unit
	Movie theater	1 per 4 seats
	Municipal building	1 per 600 square feet of GFA
	Nightclub	1 per 3 seats
	Offices	1 per 200 square feet of GFA
	Personal service	1 per 150 square feet of GFA
	Research	1 per 1,000 square feet of GFA
	Residential units:
	Detached dwelling	2 (See Note 1.)
	Structure with 2 dwelling units	4 (See Note 1.)
	Townhouse	2 per unit (See Note 2.)
	Garden apartments	2 per unit (See Note 2.)
	Per rented room	1
	Restaurant
	Sit Down	1 per 3 seats
	Take-out, no Seats	1 per 40 square feet GFA
	For window service, see "Drive-up Window Services"
	Combination	1 per 3 seats plus 1 per 40 square feet of floor are devoted customer waiting in front of the counter, the counter itself, and the area for employee cooking and serving behind the counter
	Retail Store (see also shopping center)	1 per 200 square feet of gross floor area
	Schools:
	Elementary school	1.2 per classroom; minimum 1 teacher and staff
	Intermediate school	1.5 per classroom; minimum 1 teacher and staff
	Secondary school	2.5 per classroom; minimum 2 teachers and staff
	Senior citizen developments (age 62+)
	Detached dwelling	2 (See Note 1.)
	Structure with 2 dwelling units	4 (See Note 1.)
	Townhouse	1.5 per unit (See Note 2.)
	Garden apartments	1.25 per unit (See Note 2.)
	Service station	4 per bay and work area plus one space per 300 square feet of gross floor area devoted to a convenience stores, said spaces being separate from the service station lanes and service areas
	Shopping center³	4.0 per 1,000 with GFA less than 400,000 square feet
		4.5 per 1,000 with GFA 400,000 to 600,000 square feet
		5.0 per 1,000 with GFA 600,000 plus 2 per bedroom
	Sorority house	2 per bedroom
	Veterinary hospital	4 per examination room or doctor, whichever is greater
	Warehouse, shipping and receiving	1 per 5,000 square feet of gross floor area
	Wholesale fuel distribution	1 per 10,000 square feet of gross yard area required for the use.

	NOTE 1: The last 25 feet of the driveway closest to the building shall be at least 20 feet wide to allow side-by-side parking.
	NOTE 2: At least 0.5 space per unit shall be provided for guest parking in scattered parking areas reasonably distributed throughout the development. Where the parking is in assigned spaces (such as garages and driveways) and where one space blocks another (such as driveway space blocking the space in the garage), each assigned and/or blocked space shall require an additional 0.25 space above the minimum of two spaces per dwelling unit.
	NOTE 3: Maximum 20% of gross floor area can be office use without additional parking for the office use. Office use above 20% shall require parking at the appropriate rate.

Location of parking and loading areas.

No off-street loading and maneuvering areas shall be located in any front yard.

Loading spaces shall be located on the same lot as the use being served, may abut the building being served rather than requiring a setback from the building and shall be located to directly service the building for which the space is being provided.

[Amended 9-13-1977 by Ord. No. 77-16]

No loading and parking spaces shall be located in any required buffer area.

Off-street parking spaces shall be located on the same lot as the use being served. Parking for office buildings (other than offices in shopping centers) may have parking located in the front yards limited to not more than 20% of the total number of spaces required.

[Amended 11-14-1995 by Ord. No. 95-20]

Parking spaces located to service apartment units shall be on the same site and within 150 feet of the entrance of the building being served. For commercial/industrial uses, the parking shall be within 300 feet of the entrance of the building being served.

No parking shall be permitted in fire lanes, aisles, sidewalks or turning areas in parking lots for more than six vehicles and in all loading areas.

Parking spaces for shopping centers may be located in any yard. Parking spaces for residential uses may be located in any yard as designated for individual structures within a complex.

No area located within any street line shall be computed in determining off street parking requirements. Driveway area may be used to compute the required spaces for the single-family and two-family units only when individual driveways are provided as access to each dwelling. All parking compounds serving more than two dwelling units shall have marked parking spaces. No parking for single-family and two-family units shall be allowed between the street line and the setback line, except in a driveway.

[Amended 6-27-2017 by Ord. No. 17-21]

Shopping cart storage. If any use permits shopping carts to be taken from the confines of the store building, storage areas for such carts shall be provided at convenient locations in the parking area.

[Added 9-13-1977 by Ord. No. 77-16]

§ 107-55 Performance standards.

Electricity. Electronic equipment shall be shielded so there is no interference with any radio or television reception beyond the operator's property as the result of the operation of such equipment.

Glare. No use shall direct or reflect a steady or flashing light beyond its lot lines. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered and directed as approved on the site plan so that any glare, direct light, flashes or reflection will not interfere with the normal use of nearby properties, dwelling units and streets.

Air, water and environmental pollution. No use shall emit heat, odor, vibrations, noise or any other pollutant into the ground, water or air that exceeds the most stringent applicable state and federal regulation. No construction permit, zoning permit or certificate of occupancy shall be issued for any use until a state permit has been issued, where a state permit is required to ascertain and approve the level of emission, quality of emission, type and quality of emission control and such other state regulations governing the emission of pollutants into the ground, water or air.

Storage and waste disposal. No materials or wastes shall be deposited upon a lot in such form or manner that they can be transferred off the lot, directly or indirectly, by natural forces such as precipitation, surface water, evaporation or wind. All materials or wastes which might create a pollutant, be a safety hazard or be a health hazard shall be stored indoors and/or be enclosed in appropriate containers to eliminate such pollutant or hazard. No flammable or explosive substance shall be stored on a property except under conditions approved by the Fire Department.

[Amended 9-13-1977 by Ord. No. 77-16]

Location of flammable liquids. No flammable liquids stored in quantity of one 100 gallons or more for ultimate resale shall be located within 1,000 feet of another comparable storage, as measured from building to building.

Any use which handles chemical, corrosive, toxic and/or hazardous materials shall be permitted only where such materials are incidental supplies and not the primary use. High hazard uses described as use Group H in Section 306 of the BOCA National Building Code, as amended, shall not be located to be contiguous to (share a wall, floor, or ceiling with) other rooms in the building used either by other tenants of the building, or other rooms of the same tenant where the other rooms are occupied by concentrations of people. After review of the environmental impact report on the type, quantity and disposal of the materials, including how the materials will be stored and/or shipped, and such other data as required as part of the environmental impact report, the approving authority may either approve the plan, require such modifications necessary to overcome the problems, or disapprove the plan. If the plan is approved, methods for monitoring the agreed upon methods of handling, storing, shipping and disposal of the chemical, corrosive, toxic and/or hazardous materials may be a condition of approval. In the event of violation(s) of the condition(s) of approval related to chemical, corrosive, toxic and/or hazardous materials, the approving authority may stipulate in its approving resolution that the approval shall be void until corrective action is taken.

[Amended 11-14-1995 by Ord. No. 95-20]

§ 107-55.1 Permits, site plan approvals and zoning variances outstanding.

Nothing in this chapter shall require any change in a zoning permit, construction permit, site plan approval or variance approval which was approved before the enactment of this chapter, or any amendment, but is in violation of this chapter or amendment, provided that construction based on such a construction permit shall have been started within 90 days following the effective date of this chapter or amendment and, in the case of an approved site plan or variance, a zoning permit and a construction permit shall have been issued within 90 days following the effective date of this chapter or amendment, and in all instances the project shall be continuously pursued to completion, otherwise said approvals shall be void.

§ 107-56 Planned developments.

Any project proposed under a permitted form of planned development shall follow the appropriate zoning criteria of the Zoning Ordinance and the applicable subdivision and site plan criteria of this chapter. Prior to approval of any planned development, the approving authority shall find the following facts and conclusions:

All planned developments shall be designed to the provisions of the Zoning Ordinance. Any planned development provisions shall supersede any conflicting portions of this chapter to the extent of such inconsistencies.

Proposals for maintenance and conservation of the common open space shall be reliable and, if proposed to be handled by a private agency, shall be established in accordance with the homeowners' association provisions of § 107-48 of this chapter. Also, the amount, location and purpose of the common open space shall be adequate for the use intended.

The physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment shall be adequate and comply with appropriate portions of the Master Plan.

The proposed development will not have an unreasonable adverse impact upon the area in which it is proposed to be established.

In the case of a proposed development which contemplates construction over a period of years, the terms and conditions intended to protect the interests of the public and of the residents, occupants and owners of the proposed development in the total completion of the development shall be adequate.

Before final approval of a development, the applicant shall submit a schedule for completion of the development in one or more phases as contained in § 107-31 and including the location and mix of housing types in each phase. The housing mix at the end of any phase (except for the final phase) shall not deviate more than 20% for the approved final mix of unit types. Failure to meet the schedule of development shall mean that no other sections of the development or new development by the same principals shall be considered by the approving authority until the section in default is completed.

§ 107-57 Principal use.

[Amended 9-13-1977 by Ord. No. 77-16; 11-14-1995 by Ord. No. 95-20]

No lot shall have erected upon it more than one principal permitted use. No more than one principal building shall be permitted on one lot, except that public uses, schools, churches, shopping centers, apartments, townhouses and industrial and office complexes receiving site plan approval may be permitted to have more than one building on a lot in accordance with the zoning district in which it is located. An accessory use shall not be permitted without a principal use.

§ 107-58 Public utilities.

All public services shall be connected to an approved public utilities system where one exists.

The applicant shall arrange with the servicing utility for the underground installation of the utility's distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners.

The applicant shall submit to the approving authority prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance or intended full compliance with the provisions of this section; provided, however, that lots which abut existing streets where overhead electric or telephone distribution supply lines and service connections have heretofore been installed may be supplied with electric and telephone service from those overhead lines, but the service connections from the utility's overhead lines shall be installed underground. In the case of existing overhead utilities, should a road widening, or an extension of service, or other such condition occur as a result of the development and necessitate the replacement, relocation or extension of such utilities, such replacements, relocation or extension shall be underground.

Where natural foliage is not sufficient to provide year-round screening of any utility apparatus appearing above the surface of the ground, other than utility poles, the applicant shall provide sufficient live screening to conceal such apparatus year-round.

On any lot where by reason of soil conditions, wooded areas or other special conditions of land the applicant deems it a hardship to comply with the provisions of this section, the applicant may apply to the approving authority for an exception from the terms of this section, in accordance with the procedure and provisions of § 107-13, Exceptions. Where overhead lines are permitted as the exception, the alignments and pole locations shall be carefully routed to avoid locations along horizons, avoid the clearing of swaths through treed areas by selective cutting and a staggered alignment, by planting trees in open areas at key locations to minimize the views of the poles and alignments, by following rear lot lines and other interior locations, and similar design and location considerations to lessen the visual impact of overhead lines.

Any installation under this section to be performed by a servicing utility shall be exempt from requiring performance guaranties, but shall be subject to inspection and certification by the Municipal Engineer.

The location of utility installations and uses as permitted in each zoning district shall be subject to the public utility filing a site plan and/or subdivision indicating the location and use of all existing and proposed structures and indicating the facility will not create a danger to the public safety. The plan shall be reviewed and considered for approval in accordance with the applicable subdivision and site plan provisions of this chapter.

The distance between electric transmission lines and residences, schools and places of employment shall be at least 200 feet. For purposes of this section "electric transmission lines" shall be distribution lines making up the power companies' grid system that connects generating stations, substations and similar facilities with each other, but does not include the small local service lines into neighborhoods and the service connections to individual customers. In the event the power company or applicant can provide expert testimony that clearly establishes an absence of any threat to the public health or safety from electric and magnetic fields, then a lesser setback can be approved, otherwise the minimum setback of 200 feet shall be used as a means of minimizing any effect of the electric and magnet fields generated by these lines.

§ 107-58.1 Recreation improvements.

[Amended 11-14-1995 by Ord. No. 95-20]

In order to provide for the general welfare, as part of any residential development where five or more new lots or new dwelling units are proposed, the applicant shall provide improved recreation facilities on site. In projects where it is determined by the approving authority that adequate area for recreation facilities exists within a reasonable distance of the development, or where the site being developed may be too small or have other locational, environmental or physical limitations so that on-site recreation facility(ies) would not be appropriate, the applicant shall make a payment to the Borough for recreation purposes in lieu of providing the on-site facilities, all as set out below.

Recreational improvements.

The location and type of improvements shall be a determination of the approving authority based on recommendations by the applicant, the Recreation Commission, and the approving authority's consideration of the site's location and size, nearby recreation facilities, and the physical features of the land. The location for recreation improvements shall be suitable for the intended purpose(s) considering road access, slope, drainage, proximity to residences, lighting, the size of the total tract and the size of the recreation site.

No active recreation use such as a playground, field, court game, pool, or similar facility shall be planned in a designated wetland or wetland buffer, or on slopes greater than 10% or such lesser slopes that would preclude the installation of the intended facility, or in stormwater detention basins, or in power line easements or rights-of-way.

The applicant shall be responsible for grading the site so it has positive drainage, landscaping the area, and installing the appropriate facilities as required by this chapter and as shown on an approved site plan. Improvements shall be designated to meet regulation sizes for the designated fields, courts, and other activities, and shall be improved with the appropriate grading, seed or sod, blacktop, fencing, lighting, and related facilities such as, but not limited to, standards and baskets for basketball, nets and fencing for tennis, infield dirt and outfield grass for baseball, turf and goal posts for soccer and football, paved walkways, bicycle racks and play benches.

The size of a property for recreation shall be as set forth in Subsection A(5) below, but shall be a larger area if necessary to meet regulation dimensions for the activity proposed, plus an appropriate area around the facility to safely accommodate spectators, plus setbacks to adequately accommodate foul balls and minimize nuisances to adjoining property owners or drivers along public streets, and to provide off-street parking, if parking is needed.

Minimum area requirements:

The minimum area required for recreational purposes shall be as follows:

Single family housing: 5% of the gross tract area.

Other housing types: 7.5% of the gross tract area.

For tracts with a mix of housing types, the minimum percentage of the tract area shall be a combination of the above percentages based on the proportion of housing types in the development.

The minimum tract size for recreation shall be two acres or two times the minimum area required for the footprint of the specific facility(ies) being located on the tract, whichever is larger, or such larger area needed to meet setback, spectator and parking needs.

For purposes of this chapter, a tot-lot shall not be permitted as a stand-alone facility, but may be one of several improvements within, and as part of, a larger facility.

The minimum recreational facilities shall be as follows:

Up to 75 units: an active recreation area with one basketball court, and/or one pool, and/or similar facility(ies), either as a complex of active recreation facilities or in conjunction with a passive park developed with walkways, benches, and trees within a lawn area.

Seventy-five to 200 units: at least one multipurpose field with dimensions able to provide baseball (or softball), football, and soccer with overlapping playing areas. Other activities may be provided as outlined in Subsection A(7)(a) above.

More than 200 units: either two separate multipurpose fields, or a single larger area to accommodate two such fields on one site, together with improvements for at least two court games. The multipurpose field(s) shall locate a baseball or softball field separate from a football or soccer field.

For tracts larger than 400 units: at least three multipurpose fields (either three separate parcels or one or two larger fields providing the equivalent area). Baseball or softball field(s) shall be separate from football or soccer field(s). There shall also be at least two basketball courts and two tennis courts. One or two pools are optional in lieu of one multipurpose field.

The method of preserving the recreation land shall be in perpetuity and shall be a determination of the approving authority, whether by easement, deed restriction, dedication to the Borough, a homeowners' association, or other means.

The requirement for on-site recreation facilities may be waived or modified by the approving authority, with the consent of the applicant, upon the approving authority's determination, or at the applicant's request, that the recreational needs can be better met by a cash contribution in lieu of some, or all, of the required land dedication and recreation improvements.

Payments in lieu of improvements.

Payments in lieu of the required improvements are an option that allows the applicant to substitute cash contributions in lieu of the cost of constructing some or all of the improvements, while allowing the land that would have been used for recreation to now be used for housing.

Payments in lieu of improvements shall be deposited in a dedicated trust fund and may be commingled with other deposits and/or municipal appropriations. The proceeds of the trust fund shall be used for the sole purpose of capital improvements projects for park and/or recreation purposes.

Where an in-lieu payment is made to meet these requirements, it shall be a condition of preliminary plat approval, and the funds shall be deposited with the Borough after final approval, but prior to issuing the first zoning permit.

The payment shall be $3,000 per dwelling unit.

[Amended 2-27-2007 by Ord. No. 07-07]

Where an applicant constructs some of the recreation improvements, but not all, the difference shall be made up by cash contributions.

§ 107-58.2 Recycling area and solid waste collection sites. [1]

In any development of nonresidential uses and in any development containing multifamily dwellings, there shall be either an indoor or an outdoor area for the collection and storage of recyclable materials and other solid wastes. The dimensions of this area shall be sufficient to accommodate recycling bins or containers of such adequate size and number as to be consistent with the anticipated usage and the methods of collection in the Borough.

The recycling area shall be conveniently located for the employees and/or residents of the development to separate and deposit recyclable materials. Each site should be near, but clearly identified and separated from, the area intended for the collection of solid waste in an effort to allow employees and/or residents to deposit all materials in a single trip.

The collection areas shall be well lit for the convenience and safety of employees and residents. The areas shall be designed so they are sized to accommodate collection vehicles and be located to be easily accessible by personnel and vehicles. Collection vehicles shall be able to access collection areas without interference from parked vehicles or other obstacles. Reasonable measures shall be taken to protect against theft of the recycling materials or theft of the bins and containers.

The recycling bins and containers shall be designed so as to provide protection from the weather, to avoid having material blow around the site and to protect collected materials from saturation or other damage that might render recyclable materials unmarketable. Bins or containers used for the collection of recyclable paper or cardboard located in an outdoor recycling area shall be equipped with a lid, or otherwise covered, to keep the paper and cardboard dry.

Signs identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed in them. The area designated for the collection of all other solid waste shall have a separate sign.

Landscaping and/or fencing shall be provided around any outdoor recycling and solid waste collection areas.

Editor's Note: See also Ch. 408, Solid Waste, of the Borough Code.

§ 107-59 Sanitary sewers and septic systems.

All new development shall connect to the sanitary sewer system. All proposed sanitary sewer system improvements shall be constructed in accordance with the Glassboro Water and Sewer Department's Rules and Regulations.

Any sanitary sewer collection system shall be adequate to handle all present and probable future development. Alignments outside streets shall require easements or rights-of-way in accordance with § 107-43, Easements.

Notwithstanding the densities and lot sizes allowed in residential districts, any existing lot used for residential purposes which for any reason cannot connect the existing dwelling into the sanitary sewer system and a septic system is continued on that lot, the property shall not be resubdivided so as to have a minimum lot size of less than one acre for each such existing dwelling unit.

§ 107-59.1 Service stations.

All fuel pumps, appliances and air pumps shall be located at least 35 feet from the street lines and 25 feet away from the side and rear property lines or edge of any required buffer area, so as to permit all services to be performed within the lot lines. All other services shall be performed within an enclosed building.

All fuel tanks shall be installed underground.

Driveways.

Driveways shall not be more than 25 feet wide at any point thereof.

There shall be a minimum distance of 30 feet between driveways as measured from the edges of the paved portions. Driveways shall be at least 10 feet from the adjoining property line and at least 20 feet from the street line of any intersecting street.

There shall be a maximum of two driveways on any street.

The entire area traversed by motor vehicles shall be macadam or concrete.

No gasoline selling or service stations, or area so utilized, shall have an access drive within 500 feet of any property used for a public or parochial school, said distance measured from the edge of the driveway to the property line of the school along the street(s) giving the shortest route between the two points, but without crossing to the opposite side of the street(s).

Buffer yards, roof overhangs, building area.

A landscaped buffer of not less than 50 feet in width shall be provided within 50 feet of any residential zone. This buffer shall be used only as a planting strip in which a hedge, evergreens, shrubbery or other suitable planting shall be provided and maintained as a visual screen year round.

Canopies or roof overhangs attached to or extended from the building shall not extend more than five feet from said building unless extended as one roof structure to encompass a canopy over the service pumps.

Stand-alone canopy over service pumps shall not project closer than 10 feet to a street right-of-way and shall be no closer to any other lot line than the minimum setback required for the principal building.

All lubrication, repair, maintenance or similar activities shall be performed within a completely enclosed building. In addition thereto, all displays and sale of merchandise shall be made or sold within a completely enclosed building, except as specifically provided or allowed under the terms of this chapter.

Sufficient parking space for all vehicles of employees and patrons shall be provided, with a minimum of five spaces in any event, with the total number of spaces computed on the basis of four spaces for each lift, wheel-alignment pit, bay or similar work area, which spaces shall be separate from the driveway and general apron areas giving access to the air pumps, gasoline pumps and garage doors. In addition, any convenience store associated with a gasoline selling facility (a convenience store is not permitted as part of a facility where repairs are performed) shall have a separate off-street parking area for at least five vehicles, but not less than one space per 400 square feet of gross floor area devoted to the convenience store.

[Amended 6-22-1999 by Ord. No. 99-6]

No automobile, truck, trailer or boat shall be allowed to stand on any gasoline selling or service station property publicly advertising such vehicle for sale or lease.

No part of any gasoline selling or service station may be used for residence or sleeping purposes.

Signs. See § 107-63.

All electric, gas, telephone and other utility lines and uses shall be installed underground.

The approving authority, among other things, shall review the application and require site plan approval consistent with the requirements of this chapter.

§ 107-60 Shade trees.

[Amended 4-11-1989 by Ord. No. 89-9]

(See § 107-48.1.)

All shade trees shall have a minimum diameter of 2.5 inches measured three feet above the ground and be of a species approved by the approving authority. Trees shall be planted 40 to 60 feet apart, parallel to the curb and directly outside any utility easements which border the property. Trees shall not be placed in the grass strip between the curb and sidewalk. Trees shall be balled and burlapped, nursery grown, free from insects and disease and true to species and variety.

Stripping trees from a lot or filling around trees on a lot shall not be permitted unless it can be shown that grading requirements necessitate removal of trees, in which case, those lots shall be replanted with trees to reestablish the tone of the area and to conform with adjacent lots. Dead or dying trees shall be replaced by the applicant during the next recommended planting season.

Parking lots shall be planted as required in § 107-54, Off-street parking and loading.

§ 107-61 Sidewalks.

[Amended 11-14-1995 by Ord. No. 95-20]

Sidewalks shall be required in all developments. Sidewalks shall be at least four feet wide and located as approved by the approving authority, except that sidewalks shall be at least either six feet wide or eight feet wide when located either along or within the right-of-way of an arterial or collector road as defined in the adopted Master Plan, or within 1,000 feet of the lot line of a school, park, or shopping center. The determination of the six- or eight-foot width shall be made by the approving authority considering the pedestrian activity likely to be generated, the safety of pedestrians, and the number of alternative sidewalk routes in the area which are likely to disperse pedestrian traffic. Sidewalks shall be at least four inches thick, except at points of vehicular crossing where they shall be at least six inches thick. The concrete shall have a twenty-eight-day compressive strength of 4,000 pounds per square inch, except at ramps and driveway crossings it shall be 4,500 pounds per square inch. All concrete shall be air-entrained. Where sidewalks cross curbs, curb ramps shall be provided as set forth in § 107-41.

§ 107-62 Sight triangles.

Sight triangles shall be required at each quadrant of an intersection of streets, and streets and driveways. The area within sight triangles shall be either dedicated as part of the street right-of-way or maintained as part of the lot adjoining the street and set aside on any subdivision or site plan as a sight triangle easement. Within a sight triangle, no grading, planting, fence or structure shall be erected or maintained more than 24 inches above the street center line or lower than eight feet above the street center line, except for street name signs and official traffic regulation signs. Where any street or driveway intersection involves earth banks or vegetation, including trees, the applicant shall trim such vegetation and trees as well as establish proper excavation and grading to provide the sight triangle. Any proposed development requiring site plan approval shall provide sight triangle easements at each driveway. A sight triangle easement dedication shall be expressed on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided for in the Borough of Glassboro's Land Use Regulations Ordinance." Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and may be included in establishing the minimum setbacks required by the zoning provisions.

The sight triangle shall be the area bounded by the right-of-way lines (or the edge of pavement in the case of driveways) and a straight line connecting sight points on street center lines as follows:

From a point on the center line of the minor (stop control) road/driveway at least 10 feet back from the right-of-way line of the major (through) roadway, but not less than 20 feet from the curbline or edge of pavement of the major (through) roadway.

From the intersection of the center lines measured along the major (through) roadway center line the following distances:

	Maximum Operating Speed (mph)	Minimum Sight Distance (feet)
	20	165
	30	253
	40	407
	50	572
	60	720

§ 107-63 Sign and advertising general guidelines.

[Amended 8-24-2004 by Ord. No. 04-28]

Policy statement and general sign guidelines.

Height. The uppermost part of an attached sign shall not exceed the base of the second-floor windowsill in a two-or-more-story structure, or the base of the roof or 25 feet, whichever is lower, in either a one-story structure or a structure without windows. The uppermost part of a freestanding sign shall not exceed 25 feet unless specified otherwise for specific types of uses in following subsections of this section.[1] The lowest portion of any sign which projects above an area traversed either by motor vehicles or pedestrians shall be at least 15 feet and 10 feet respectively.

Editor's Note: See also § 107-63.1 of this chapter.

Sign area and dimensions. Sign area shall include lettering, wording, coloring and accompanying designs and symbols, together with the background, whether open or enclosed. The sign area shall be measured to the outside edges of the frame or background but not including any supporting framework and bracing incidental to the display itself. A freestanding sign with two exposures shall have a total sign area consisting of the area of one side of the sign, but both sides may be used. Street number designations, postal boxes, family names on residences, on-site traffic directional and parking signs, signs posting property as "private property" or "no hunting," or similar purposes, and danger signs around utility and other danger areas are permitted, but are not to be considered in calculating the sign area.

Size.

The sign shall be designed to take into account the relative scale and proportions of the building or surface to which it is related or on which it is mounted as referenced in Table A or Table B, as appropriate.[2]

Editor's Note: Tables A and B are in § 107-63.1.

The sign shall have a logical relationship to the building to which it is related and shall be integrated into the existing architecture of the building.

The construction materials of the sign shall be chosen to complement the architecture and building materials of the building on which it is located, or to which it is related, as well as the surrounding buildings.

If more than one sign is permitted on a site or building, the signs shall be compatible with each other and with the character of the site and should not obscure other signs or architectural features.

Location. Attached signs shall be located so as not to conflict with any height, obstruction to driver vision and similar regulations of this chapter. Freestanding signs shall be located only in the front yard and shall be no closer to a side lot line than the minimum side yard for the principal building, and not located in any sight triangle. These signs shall also comply with the requirements for specific types of uses in the following subsections of this section.[3]

Editor's Note: See also § 107-63.1.

Permanency, maintenance and abandonment.

Signs shall be constructed of durable materials, maintained in good condition and not allowed to become dilapidated. Signs shall consist of permanent materials. Clip-on letters, attached banners or similar temporary or changeable components shall be prohibited.

No person or other legal entity shall maintain or permit to be maintained on any premises owned or controlled by that person or entity a sign that has been abandoned. An abandoned sign shall be one of the following: a sign whose supporting structure and/or message board has been vacant and unoccupied for a period of more than one year; or a sign which was constructed and had a message board for a use that was once on the lot or building, but where the use is no longer on the lot or building; or a sign related to a time, event, or purpose which has past. Any abandoned sign shall be either removed or brought into conformity by the person or other legal entity controlling the sign or the property on which it is located within 30 days of the date of abandonment set forth above. An abandoned sign shall have lost any preexisting legal status it may have once enjoyed and shall not be entitled to any special provisions which might otherwise be available in this chapter for legally existing nonconforming signs.

§ 107-63.1 Sign and advertising specific requirements.

[Amended11-14-1995 by Ord. No. 95-20; 9-9-1997 by Ord. No. 97-8; 8-24-2004 by Ord. No. 04-28]

Permits.

It is unlawful for any person to erect or construct, within the Borough, a sign or any other advertising structure as defined in this chapter, without first obtaining the required zoning/building permits from the Zoning Official/Code Official and making the required fee payment.

Applications for signs located in the downtown business district must first be submitted to the Economic Development office for Facade Committee approval of the size, location, color materials, style, illumination and design prior to submission to the Zoning Official/Code Official.

No billboards shall be erected.

No sign of any type shall be permitted to be located in a sight triangle as specified in Ord. No. 107-06 or to obstruct driving vision, traffic signals, and traffic direction and identification signs, nor to obscure light or air in an area where there is a legal preexisting use.

All signs requiring a zoning permit as specified in § 107-130 shall be constructed and anchored in accordance with applicable construction codes.[1]

Editor's Note: See Ch. 203, Construction Codes, Uniform, of the Borough Code.

Fees.

Sign permits shall not be issued until all required fees are paid.

At its discretion, the governing body, by resolution, may waive the permit fee for a temporary sign or a temporary sign for a charitable nonprofit organization which is tax exempt pursuant to both state and federal law. In such instance, the organization must provide proof of tax status as a nonprofit profit.

The following are prohibited signs.

Signs that are stapled, pasted or otherwise permanently attached to trees or utility poles.

Animated, flashing, trace, sequential and illusionary signs. Signs using mechanical and/or electrical devices to revolve, flash or display movement or the illusion of movement are prohibited, including the outlining of windows, doors, wall panels or similar sections of a facade with lights. Exception. A sign alternately showing the time and temperature is permitted where each sequence remains fixed for at least 10 seconds.

Billboards.

Tethered balloons, banners, kites, inflatable objects and similar tethered objects.

Pennants; nongovernment flags; strings of lights; exposed neon, fluorescent, laser, fiber optic or similar forms of light tubes (other than where the light tubes are an integral part of a sign included in the sign area); or other materials strung on or around the lot.

Freestanding signs not permanently anchored into the ground such as tripods, A-frames, signs on trailers or similar portable structures used as signs.

Searchlights.

Signs such as, but not limited to, various professional services, piano tuning, lawn care, house painting, and home repairs located on residential properties where the sign advertises the occupation of the resident, but the business and/or service is conducted at another location.

Types of signs and definitions.

Attached signs.

Any sign erected, constructed or maintained on a building with the principal support of said sign being the building, including, but not limited to, the painting of signs or displays on the exterior surface of a building.

Attached signs shall be not more than 15 inches off the building to which they are attached. All attached signs shall be of sound construction and shall be permanently affixed to a building in a manner conforming to the applicable Construction Codes.

Signs attached to a building shall be affixed parallel to the wall to which they are attached.

Illuminated signs.

Sign illumination shall be arranged to light the sign and only featured landscaping surrounding the sign area. The illumination of featured landscaping around the sign will be permitted at the discretion of the Borough.

No sign shall be permitted to have beacon, flashing or trace illumination.

No sign shall be lighted using unshielded incandescent bulbs, neon tubes or mirrors reflecting a direct light source or similar devices.

All lights shall be either shielded or have translucent fixtures to eliminate having the light shine directly into driver's eyes and to reduce off-site effects.

Downward facing gooseneck style lights will be the preferred method for sign illumination.

The sign shall be designed in a manner that does not draw attention to the lighting fixture.

Consideration must be given to varying intensities of lighting and how the material and coloring of the proposed sign will react to the proposed lighting intensity. The sign must remain legible.

Area enhancement illumination that utilizes focused lighting techniques will be encouraged. Light pollution will be strictly controlled.

Cabling to signs must be concealed.

External ground lighting of signs shall be landscaped with evergreen plantings. The preferred method of illumination is from a burial-type lighting source.

All illuminated signs on properties adjacent to residential zoning districts shall provide automatic shutoff devices that discontinue or dim sign lighting no later than one hour after business closing.

Nonconforming signs. A legal, preexisting, freestanding, ground level or attached sign may be maintained at its present location and at its present size. The content of the message may be changed. A legal, preexisting sign may be razed and a new sign constructed in its place, provided that the area of the sign is not larger than the existing sign being razed and provided that the location and height of the new sign does not interfere with required sight distances for drivers along public streets or drivers maneuvering on the subject property or an adjacent driveway.

Temporary signs.

Real estate signs. Real estate signs do not require a zoning permit. Real estate signs temporarily advertising the sale, rental or lease of the premises or portion thereof shall be, if not attached to the building, set back at least 1/2 the building setback but need not exceed 15 feet from any street and property line. Signs shall not exceed six square feet for residential uses and shall not exceed 16 square feet for nonresidential uses except nonresidential lots larger than one acre may have real estate signs not exceeding 32 square feet. Signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter being advertised. Real estate signs do not require a zoning permit. No more than one sign shall be permitted along each street on which the building has frontage. Real estate signs shall be permitted only on the lot which the sign is advertising.

Construction signs. No more than one sign advertising the name of the building under construction, general contractor, subcontractor, financing institution, any public agencies or officials and the professional personnel who worked on the project are permitted on a construction site beginning with the issuance of a zoning permit and terminating with the issuance of a certificate of zoning compliance, or the expiration of the zoning permit, or the cessation of the work, or the completion of the job, whichever comes first. Such signs shall not exceed an area of 32 square feet and require a zoning permit. Exception: Permits may be waived in the Redevelopment Zone at the discretion of Council.

Home repair businesses. One temporary sign indicating the name the business, phone number and type of service (painting, roofing, etc.) is permitted on the lot where the work is being performed. The sign shall not exceed 12 square feet, be placed in the front yard at least 10 feet from the curb, and removed when the work is completed.

Special event or promotional signs. An applicant shall be required to obtain a promotional permit from the Zoning Officer in order to display not more than one special event sign per use announcing or advertising an educational, civic or religious special event, or the opening of a new business, or an unusual event for a business. A maximum of four special promotional permits may be issued within any one calendar year. Said permit is limited to 14 days in length for each approval. The maximum sign size shall be 24 square feet. An applicant may group no more than two permits at any time. Notwithstanding the prohibitions set forth in § 107-63.1A(3) and (4), the use of the prohibited items noted therein may be permitted to be displayed in conjunction with a special event or promotional sign. The application shall show the location and extent of the proposed items, the typical details of the items, such as size and height, the period of time they will be in place and the payment of a nonrefundable fee of $40. The number, location, design and related aspects of the items that may be approved shall be shown as part of the application and be in sufficient detail to allow the Zoning Officer to understand the magnitude of the request. The details of any approval shall be a decision of the Zoning Officer.

[Amended 10-14-2008 by Ord. No. 08-66; 10-22-2013 by Ord. No. 13-17]

Election signs. Election signs do not require a zoning permit.

All election signs shall be located outside a sight triangle and be at least 15 feet from the curbline or edge of pavement. No election sign shall be attached to a utility pole, street name sign, or other traffic sign. The sign shall not exceed eight square feet. No sign shall be erected sooner than 25 days prior to the election, and no sign shall remain more than five days after the polls close election evening.

Political signs associated with an election, referendum, or plebiscite, provided that such signs are on private property and are located and sized consistent with Subsection (5)[2] above and meet the other conditions of that subsection. All political signs must be removed within five days after the related political event.

Editor's Note: So in original. Appropriate reference might be Subsection D(4)(e)[1].

Development name. New residential developments may have one temporary sign displaying the name of the development. Said sign shall be permitted only when approved as part of the subdivision or site plan application. The sign is permitted to exist only during the period of construction starting with the rough grading of the roads and ending with the issuance of the construction permit for the last dwelling unit. The removal of the sign shall be bonded to assure its removal within 60 days after the issuance of the last construction permit. The sign shall be located on the site of the development, be not more than 32 square feet in area, be placed in an area which is landscaped as approved on the plat, have a height not exceeding five feet, be unlighted, and be set back at least 25 feet from the street right-of-way and from adjacent lots.

Informational and direction signs exempt from the need for a permit. In addition to specific signs which might be exempt from requiring a sign permit as set forth in other sections of this chapter, the following signs do not require a sign permit in order to be located on a lot or building, provided that no such sign shall be located in a sight triangle, or on utility poles, or on any part of a sign erected by the Borough, county or state government.

Signs containing street number designations, household nameplates, postal boxes; historical markers, directional signs and advisory signs, such as but not limited to "private property," "no soliciting," "no trespassing," "warning - dog," shall be permitted, provided that they do not exceed two square feet in size.

Pavement markings designed and utilized to control the flow of traffic on property are permitted.

Signs to regulate vehicular and pedestrian traffic are permitted, provided that they meet the standards of the Manual on Uniform Traffic Control Devices for Streets and Highways, United States Department of Transportation Federal Highway Administration, as amended.

Official signs by the Borough, county of state.

A change in the copy of a sign or marquee once a permit for that sign has been issued.

Temporary real estate signs, provided that they are located and sized consistent with Subsection D(4)(a) above and meet the other conditions of that subsection.

Yard and garage sale signs. Such signs shall not exceed four square feet; shall be for one-day events only; shall not be permitted for more than two such events in one calendar year for the same property; shall not be erected more than seven days prior to the date of such sale; and shall be removed within 48 hours after the day of the sale.

Residential zoning district design standards.

Name plate/street number: one attached sign, maximum two square feet.

Home occupation: one attached sign, maximum two square feet.

Apartment or townhouse complex: one freestanding sign at the main entrance to the development. The sign shall not exceed 20 square feet, be no higher than five feet above street level, be located outside of all sight triangles, be set back from any street pavement at least 10 feet, and be located within a planted/landscaped area. Parking and other directional signs shall be permitted as approved on the site plan.

Churches, community pools, schools, child-care/day-care centers and nursery schools shall be permitted one sign, either attached or freestanding, not to exceed 32 square feet, or two signs consisting of one freestanding sign and one wall sign with an aggregate area of 32 square feet. The maximum height of a freestanding sign shall be five feet (except the height of the sign shall be less than 24 inches if located within a sight triangle) and be set back from any street pavement at least 10 feet.

Lodges, fraternity and sorority houses: one attached sign, maximum two square feet.

Other nonresidential uses not listed above, and including other public and quasi-public uses, shall be permitted in accordance with Subsection F(7) below.

Commercial/industrial uses in nonresidential zoning districts.

Attached signs. Attached signs shall be signs attached to the wall of a building and comply with the following:

The sign shall only advertise the name of the business conducted on the premises and/or the services and products produced, made or sold on the premises.

The sign shall be internally illuminated, if illuminated.

The sign shall not exceed 20 feet or the highest point of the facade of the building to which the sign is attached, whichever is lower.

The number and size of attached signs shall be regulated as follows:

Commercial uses, including shopping centers, retail sales and personal services:

Maximum of one sign per wall for each storefront facing a public street.

The size of the attached wall or facade sign shall not exceed the following percent or area, whichever is less. The percentages are the percentages of the wall area on which the sign is to be located, said wall area to include doors and glass area, if glass areas exist and facade projecting no more then two feet from the wall. Where the wall of a building has a facade extending out from the wall more than two feet, the sign shall be attached to the facade and the area of the sign shall be limited to either the following percent of either the facade or wall area, whichever is smaller, but in any event not larger than the maximum number of square feet permitted for the sign area. In the event the business uses window space or the glass in its doors for signage, whether painted on or attached to the window(s), the aggregate square footage of these signs shall be the smaller of either 50% of the glass area, or 1/2 the area allowed under the ordinance for the attached wall signs. All window/door signage shall be on the interior of the glass. The content of this signage may change, but the location and area shall remain the same.

[Amended 8-26-2014 by Ord. No. 14-27]

Table A
Setback of the Building from the Sign	Percent of Extended Facade Area¹ (percent)	Percent of Wall Area² (percent)	Vertical Height of Sign Structure (feet)	Maximum Area (square feet)
Within 50 feet of street right-of-way	10%	5%	4	60
51 feet to 100 feet	14%	7%	5	80
101 feet to 200 feet	18%	9%	6	100
201 feet to 300 feet	22%	11%	7	120
More than 300 feet	24%	12%	8	140

NOTE 1. Where facade extends more than two feet from the wall.

NOTE 2. Wall with no facade or where the facade extends no more than two feet from the wall.

For all permitted and conditional uses, other than commercial or industrial uses, one attached sign per business shall be permitted. This sign shall not exceed the requirements for signs on buildings located between 51 feet and 100 feet of the street right-of-way as noted in Subsection F(1)(d)[1] above.

Freestanding signs. In addition to any attached sign(s), one freestanding sign shall be permitted to be located on site on lots greater than 20,000 square feet in size (off-site signs are not permitted), provided that the freestanding sign is constructed so that the sign is either supported by a single pole, stanchion, beam or similar item (tripod, A-frame, or double pole supports are not permitted in order to reduce visual clutter), or the sign is constructed at ground level as set forth in Subsection F(2)(f) below.

The freestanding sign shall be set back at least 25 feet from the street right-of-way and shall be set back a distance equal to the minimum setback for the principal building in side and rear yards. Where an existing lot is greater than 20,000 square feet so that a freestanding sign is permitted, but the building is closer to the street line than 25 feet, the freestanding sign may either:

Be located to one side of the building in order to maintain the minimum twenty-five-foot setback; or

Be eliminated and increase by 25% the size of a permitted attached sign attached to the front wall of the building.

The maximum size of the freestanding sign shall be 40 square feet at the minimum setback, increasing in size by one square foot for each additional two feet of setback up to a maximum size of 100 square feet.

Freestanding signs may be illuminated.

Freestanding signs shall only display the name of the business, the company's logo, the street number or similar information, but tenant directories shall be prohibited, except that a freestanding sign for a shopping center may list the names of each major tenant having a gross floor area of at least 50,000 square feet, said tenant signs being no larger than 20 square feet each.

No part of a freestanding sign shall be higher than 25 feet and the lowest part of the sign shall be at least 15 feet above grade.

One ground level sign may be erected in lieu of a freestanding sign, provided that the ground sign does not exceed 32 square feet, is located on the lot, is no higher than five feet, is located outside of all sight triangles, is set back from any street right-of-way or driveway pavement at least 10 feet, is located within a planted, landscaped area, has no void between the sign and the ground, states only the name of the business and/or the services and products made or sold on the premises, and does not contain a directory of uses.

Sales signs.

Businesses having signs advertising or announcing sales or similar special events, products or merchandise shall be permitted, without limitation to the number of signs, provided that the signs, in aggregate, do not exceed 20% of the gross glass area of any one wall, and said signs are mounted inside the building.

Sales signs attached to windows shall be affixed to the inside glass surface of any window area.

Display windows.

Businesses are permitted display windows, provided that the same window has no attached signs to the glass such as permitted in Subsection F(3) above;

The display consists of products sold by the business;

No more than four signs indicating price, percent off, or similar signs are permitted, and those signs shall be attached to the product on display and be no larger than one square foot each; and

All products are set back from the glass at least two feet.

Tenant signs (directory or ladder signs).

Not more than two tenant name signs per business may be erected and maintained on the property as set forth below. Said sign(s) shall only identify the occupants of the building and their profession or business. These two signs may be either a freestanding sign (where the lot size permits) and an attached sign, or two attached signs.

Individual tenant signs attached to the entrance of a building shall not exceed 1.5 square feet in size per tenant, maximum 12 square feet aggregate with each tenant name having letters no taller than four inches.

Lots having more than one building may have tenant signs aggregated into a directory sign located at or near the main entrance into the building and be either attached to the building or be freestanding not more than 10 feet from the entrance to the building, provided that the resulting directory sign does not exceed one square foot per business or 16 square feet in aggregate, whichever is less, with each tenant name having letters no taller than two inches, and provided further that said directory sign is located at least 50 feet from the curbline of any adjacent street to avoid the sign being read by drivers traveling the adjacent street.

Tenant signs attached to freestanding signs are not allowed except as set forth in Subsection F(2)(d) above.

Construction signs.

One temporary sign per premises shall be permitted on a lot on which construction is taking place pursuant to site plan approval, provided that said sign shall not exceed 24 square feet in area and is designed as a "ground sign" consistent with the requirements set forth in Subsection F(2)(f) above. Said sign shall not be installed until construction is actually started on site, and said sign shall be removed prior to the issuance of a certificate of zoning compliance.

Construction signs may only advertise the project to be built, the applicant, the financial institution funding the development, and/or the broker and/or agent responsible for the sale, rental or lease of the same.

Public and quasi-public uses.

Churches, lodges, fraternity and sorority houses, child-care/day-care centers and nursery schools, community pools, and similar uses located in a nonresidential zone may have the following signage. Where a zoning district has conflicting regulations, the more restrictive regulations shall prevail.

One sign not to exceed 32 square feet; or

A double-sided sign with an aggregate area adding the area of both sides of 32 square feet.

The maximum height or a freestanding sign shall be five feet (except the height of the sign shall be less than 2.5 feet if located within a sight triangle) and be set back from any street pavement at least 10 feet.

Transient merchants and mobile food vendors. No identification signage beyond vehicular signage shall be permitted. No transient vendor shall display more than two exterior informational signs, not to exceed two square feet each.

[Added 8-28-2018 by Ord. No. 18-34]

Any display or offer of sale within the public right-of-way or no more than two feet from the vending vehicle is prohibited;

All signage must be in accordance with Code provisions that regulate signage within the Borough and not be placed in the right-of-way;

All vehicular signs shall be in accordance with state motor vehicle standards.

Downtown Business District Redevelopment Area Zone.

[Amended 12-29-2009 by Ord. No. 09-61]

The Downtown Business District Redevelopment Area Zone includes High Street from Delsea Drive westward to Ellis Street; Main Street from Mullica Hill (Route 322) southward to Church Street; Mullica Hill Road (Route 322) from Rowan Boulevard eastward to Main Street; Rowan Boulevard in its entirety, Center Street from College Avenue southward to High Street; and College Avenue in its entirety. A complete list of the properties within the district identified by block and lot is attached hereto as Attachment A.[3]

Editor's Note: Attachment A is on file in the Borough offices.

Design standards.

Design goal. The object of all facade design, signage, windows, and display standards is to create effective visual appeal to pedestrian shoppers throughout the district in an atmosphere of comfort and security, while preserving the urban character of the original architecture.

New construction or renovation. The facade of newly constructed buildings or renovations of existing facades shall maintain the architectural harmony of the zone, which shall reflect the architectural styles of American buildings of the Northeast built between 1870 and 1930.

Individuality is a desired characteristic of each facade, to add visual interest, and suggest that each building was built at a different time.

All building facades should be harmonious with the existing neighboring building facades in terms of material, height, scale, facade proportions, window patterns, decorative features and architectural styles, provided that the existing buildings conform with the requirements of this chapter.

Minor one foot to two feet facade setbacks, bay windows, decorative cornice lines, columns, capitols, arches, and other design features that vary the surface of the facade are visually interesting, add character and dimension to the building, and are preferred design features in the CBDRA.

Functional balconies are preferred features as they provide opportunities for occupants to view the street below, which enhances district security.

All new building construction and facade renovation designs must be reviewed and approved by the Borough of Glassboro CBDRA Committee for consistency with this chapter, and will require a zoning permit, as well as any other applicable permits/approvals.

Building materials. Masonry work shall be limited to stone or brick, or to materials that reasonably simulate, in both durability and quality of appearance, the finish of stone or brick.

Matching of cornice lines. At the top of the base, and as recommended where neighboring buildings provide cornices or belt lines, a visual cue or indicator such as cornice, belt coursing, a change in glass-to-solid ratio, or any other indicator consistent with the design, proportions, and materials of the base shall be provided.

Massing. There is a preference to preserve the original layout of the interior spaces at grade of commercial buildings. No subdivision of an interior space into separate commercial spaces shall be permitted without prior review and approval of the Borough's Code Enforcement officers.

Facade renovation. Unless otherwise permitted by the CBDRA Committee, the applicant will:

Retain and maintain all building cornices, features and details; and not remove a building cornice without providing a compatible new cornice of similar scale and detailing.

Maintain the size and shape of upper floors, windows and associated trim and moldings.

Reopen previously covered or enclosed windows, and not fill or alter window openings.

Not enclose or remove elements, such as transom windows, or display windows.

Not locate air conditioners in street elevation windows or create new openings for through-wall air conditioners that are visible from the street. Central air-conditioning systems with mechanical elements hidden from public view are preferred over window units.

Incongruous features. Incongruous features including but not limited to air conditioners, radio or telephone antenna, ductwork, loose wiring, or other fixtures not otherwise identified herein as permitted facade features, are not permitted in any facade treatment or other area visible from the street, unless specifically recommended or approved by the CBDRA Committee.

Grandfathering. Any change in occupancy or ownership of a business premises shall void the use of any non-legally "grandfathered" nonconforming feature, whether that feature be a sign, a security gate, an awning, a door or window, or other feature regulated by these standards, and the new building owner or commercial tenant must correct nonconforming features to adhere to these standards, or be subject to enforcement and penalty.

Rooftop fixtures. Heating, ventilation and air conditioning ("HVAC") fixtures, mechanical units, elevator shafts, skylights, solar panels, and other fixtures on rooftops shall not be visible to pedestrians on the street. They must be set back far enough to be out of view of a pedestrian on the opposite block below, or screened by appropriate architecturally harmonious screening.

Ductwork. Restaurant ventilation ductwork shall not be visible to pedestrians on the street; where possible it should be installed within the wall, or to the rear or side of the building in a position that is out of the public view, or screened from view.

Preservation of architectural features. No fixture of any type should be affixed to any building in a way that damages or obscures architectural design features of the building. In any building renovation, traditional design features of the commercial building should be preserved, unless otherwise permitted by the CBDRA Committee. Traditional features include the kick plate (the area below the display window), display windows, clerestory windows (above the display window), transoms (window above the entry door), the sign band, angled entry doors on building corners, recessed central-entry doors, building belt lines, lintels, cornices, and parapets.

Building materials. Acceptable building materials for renovation or redevelopment include, but are not limited to:

Brick and stone masonry, or cast concrete to simulate these.

Wood or simulated wood details, such as window frames or shutters.

Finished painted metal and sheet metal, such as alpolic panels.

Clear or lightly tinted glass.

Stone or ceramic tile.

Concrete or stone lintels.

Wood, simulated wood, concrete, or stone columns.

Unacceptable exterior building materials. Unacceptable building materials include, but are not limited to:

Rustic materials, such as wood shakes, shingles, barn board, Texture 111 siding or other plywood siding, or rustic finishing techniques.

Vinyl or aluminum siding.

Glass block.

Indoor outdoor carpeting or astro-turf.

Corrugated metal or fiberglass.

Maintenance. Building facades, signage, windows, and all display elements visible to the public must be maintained in good structural and visual condition, and conform to applicable building codes and Glassboro's property maintenance codes.[4] Fading, frayed, disconnected, unseasonal, untimely, or otherwise neglected elements are not permitted to be on display in the district.

Editor's Note: See Ch. 366, Property Maintenance.

(o)

Graffiti. Refer to Chapter 275, §§ 275-1 through 275-7, of this Code.

(p)

Blank walls. Blank walls facing the commercial corridor.

The Central Business District environment caters to pedestrian shoppers, and must maintain visual interest at grade (street) level in order to promote browsing activity along the entire corridor. Dull, blank walls discourage browsing, and impede shopping.

Display windows are recommended at grade.

Where display windows cannot occur, decorative architectural treatments, plantings, murals, or other visual element in keeping with the architectural style of Glassboro are required to eliminate blank walls with no visual interest. Any treatment proposed under this subsection must be approved by the CBDRA Committee.

(q)

Facade illumination. Decorative illumination of facades with up- or downlighting, solid-state light-emitting-diode (LED) lighting, or similar treatments is permitted, provided that the design for illumination enhances the appearance of the facade, conveys an appealing aspect to shoppers and downtown visitors, and does not create glare. The facade illumination design must be approved by the CBDRA Committee.

Color management.

Colors for facades, signs and awnings shall adhere to these guidelines:

In using color for facade, storefront, sign, or awning, applicants must balance the need to make signs legible, convey the business identity or logo with the need to complement the character of the building and the Central Business District architectural environment.

Bright colors tend to be incompatible with the architectural character of the buildings and the Central Business District environment as well as overwhelm the viewer, resulting in an unappealing environment for shopping or dining, and unless expressly permitted by the CBDRA Committee, bright, clashing colors are prohibited.

Any new construction or change in existing facade, storefront, sign, or awning color requires the review and approval of the CBDRA Committee.

Windows and doors.

Display windows. All retail uses shall have display windows constituting a minimum of 70% surface area of facade at grade, and the bottom edge of the display window(s) shall be no more than four feet in height above grade. The glass is to be clear and not tinted, except that film to block ultraviolet sunlight is permitted. All window frames shall be of a color that is complementary to the facade color scheme.

Interior visibility. Product displays and/or store signage is permitted to occupy no more than 30% of the glazed area of the storefront. The interior of the store should be visible from the sidewalk through the display window.

Display window signs. Display windows may have the name of the store, store description, and/or logo of the store inscribed on the glass by any of these means:

Gilt lettering.

Painted lettering.

Professionally created decal.

Stained or sandblasted glass.

Upper windows. Upper windows of commercial spaces may have signs subject to the same limitations imposed on display windows above.

Main entry doors. Business entry doors shall be composed chiefly of clear glass, and the interior of the store shall be visible from the sidewalk through the door.

Door signage. The only signage that is permitted on the glass of the entry door is the name of the store, store description, and/or logo of the store inscribed on the glass by any of the means described above for display window signs, and a listing of business hours, not to exceed 20% of the glazed area and has to have an open design that does not impede the visual line of site into a facility.

In addition, all entry doors to a retail, service or residential unit in the Downtown Commercial District must display the building address number on the door in compliance with Glassboro's Code Chapter 183, §§ 183-1 through 183-8.

Temporary signs on glass. Temporary signs may not be affixed to the outside glass of the display window or of the door, and may not be affixed to the inside of those surfaces unless permitted by the CBDRA Committee, and in no event may a temporary sign be displayed for more than 30 days.

Cleanliness. The glass of the display windows and doors shall be kept clean at all times.

Signage.

Types of sign. Band, blade, window, freestanding, and temporary signs are all permitted, provided that they are harmonious with the styles of the district, and subject to the restrictions imposed herein.

Band signs (signs in the sign band of the facade). Band signs shall be permitted in the sign band area above the display window(s). Band signs shall display the name and/or logotype of the store only, and the content of the band sign shall occupy no more than 2/3 of the total width of the sign band. Signs may not protrude more than 12 inches from the facade unless placed on an awning. Only one business band sign is permitted for each facade; businesses located on the corner of a building at an intersection are permitted two band signs, one for each side facing a street.

Projecting ("blade") signs. Blade signs shall be permitted, provided that they allow for a minimum of eight feet clearance from the lowest point of the sign to the ground and extend horizontally from the vertical surface of the building no more than five feet. Blade signs may display the name and/or logotype of the business, and/or may display a graphic representation of the nature of the business (for example, a bunch of fruit could represent a produce market, or a hammer could represent a hardware store). The blade sign must be harmonious with the other signage created for the building, and with the overall appearance of the facade.

Window or door signs. The name and/or logotype of the establishment are permitted to be applied to the window. The address number of the building may be applied to the door. No more than 30% of the display window shall be covered and 20% of the door window.

Freestanding signs. Freestanding "sandwich board" or easel-style signs are not permitted, unless it can be demonstrated to the CBDRA Committee that the placement of the sign will not interfere with the flow of pedestrian traffic, and that the sign is necessary to advertise frequently changed product offerings (for example, a sign advertising daily lunch specials for a restaurant). All such signs shall be reviewed by the CBDRA Committee for approval. Approved freestanding signs shall only be allowed to be in place on the sidewalk during the business hours of the store displaying the sign.

Temporary signs. Temporary signs affixed to the exterior facade or to the inside of the display window(s) or entry door(s) of the building must be approved by the CBDRA Committee, and shall be displayed for no more than 30 days unless otherwise authorized by that Committee. Temporary signs are not permitted to be handwritten, and are not permitted to be affixed to the outside of the display window(s) or entry door(s).

Forms of signage. The following forms of signage are permitted:

Channel-letter (standard, reverse/halo, or open neon).

Carved.

Neon, provided that it does not clash with the building, or the Central Business District environment.

Two-dimensional board.

Three dimensionality is preferred over two-dimensional design.

All other sign types not listed above are prohibited; interior backlit box signs, signs with motorized moving parts, and signs with mounted flashing lights are expressly prohibited.

Permitted sign materials.

Painted or carved wood.

Carved wooden letters.

Epoxy letters.

Galvanized sheet metal.

Slate, marble or sandstone.

Gold leaf.

Clear and colored acrylic.

Neon, but restricted to 10% of area inside window; also, the use of neon is limited to the arts and entertainment district of the CBDRA.

Stained glass.

Sign graphics. Signs may not be hand-lettered, unless created by a professional sign artist. Lettering styles should be proportioned, and easy to read. There should be no more than two font styles per sign (i.e., the name of the store in one font style, and a description of the store in a second font style). Sign content should be limited to the name of the store, a description of the store (i.e., "butcher," "gift shop," "florist," "seafood," etc.), the logo of the store, and/or a graphic design representing the type of store (i.e., flowers for a florist).

Sign quality. All signs created under this section must be made of high-quality materials that are durable against the effects of weather and sunlight, and that are designed applying styles and colors that will be harmonious with the decorative features and architectural styles of the Central Business District commercial corridor. Creativity and individuality of design are encouraged, insofar as the sign design does not clash with the harmonious appearance of the zone. Faded or neglected signs are not permitted to be left in public view.

Approval. The CBDRA Committee shall approve all sign designs for appropriateness and harmony with the styles of the district and must be reviewed and approved by the Borough of Glassboro CBDRA Committee for consistency with this chapter, and will require a zoning permit, as well as any other applicable permits/approvals.

Nonconforming signs. Nonconforming signs shall not be rebuilt, enlarged, or altered unless made to conform to regulations. (See Subsection G(2)(h), Grandfathering.)

Nonpertinent/abandoned signs. Any sign, now or hereafter erected or maintained, which no longer advertises a bona fide business conducted or product sold, or notice of an event that has passed, shall be taken down and removed by the permittee or by the owner of the premises. Upon failure to comply, the Building Inspector is authorized to cause the removal of the sign, and any expense incident thereto shall be paid by the permittee or the owner of the premises.

Sign illumination.

Exterior illumination. The lighting program for all sites shall be designed to prevent glare and uplighting onto and towards the street, adjacent properties, and the sky. The CBDRA Committee must approve proposed sign and area lighting.

Interior illumination. Lighting-box-type signs are not permitted in the Downtown Business District. Any preexisting interior illuminated sign will have to be repermitted and brought up to code if the property changes ownership, the business changes, the existing sign is damaged and has to be replaced, or if there is a change to the type or the size of the sign.

Acceptable fixtures. Decorative light fixtures, such as gooseneck, hooded, historic reproduction, and alcove fixtures may be used for sign illumination provided that their use is harmonious with the design of the building.

(o)

Murals and public art.

A "mural" is a painting or enlarged photograph, applied directly to an exterior wall.

In addition to the approval of the CBDRA Committee, a mural must be approved by the Mayor and Borough Council prior to application to an exterior wall in the CBDRA.

The applicant seeking approval for a mural must provide a scale drawing or reproduction of the image to be applied as a mural, together with an architectural sketch of its position and placement on the exterior wall.

The applicant must also show evidence of the written approval of the building owner for the mural.

The mural must not create a hazard to public safety.

The mural must be created and installed by a trained artist, and the mural must be made with high-quality, low-maintenance materials.

Awnings and canopies; covered walkways.

Fabric. The material used to cover the awning or canopy shall be fabric only, but may include fabric woven of acrylic material.

Style permitted. Retractable awnings and nonretractable canopies are permitted above display windows and doors at grade, and above upper-story windows. At grade, awnings and canopies should be designed to fit the storefront window and/or door openings, to emphasize the building's proportions.

Obstruction. Awnings and canopies shall not obscure or damage important architectural details.

Clearance. A minimum eight-foot clearance from the sidewalk to the awning or canopy is required. Awnings or canopies may not project out from the facade of the building more than 10 feet; canopies may not project more than three feet from the facade. Maximum height of awning or canopy is 15 feet from the ground and five feet from the bottom of the awning or canopy.

Alignment. The bottom horizontal line of the awning or canopy should align as closely as possible with the bottom horizontal lines of neighboring awnings.

Signage. Any signage to be placed on the awning is limited to the awning or canopy valance, the portion of the awning or canopy that forms the bottom line, and is parallel to the building facade. Signage on the valance is limited to the store name, the store logo, and/or the address number of the building. Sign/lettering may not exceed 12 inches in height and 50% of the awning or canopy width. All lettering must be removable.

Bird deterrence. The framing of a canopy must not provide any opportunity for birds to perch beneath the canopy.

Cleanliness. Awnings and canopies must be kept clean and well maintained at all times; awnings or canopies that are stained, torn, faded, frayed, or otherwise poorly maintained are not permitted.

Illumination. Signage on awnings or canopies may not be illuminated from within.

Nonconforming awnings or canopies. Nonconforming awnings or canopies shall not be rebuilt, replaced, enlarged, or altered unless made to conform to regulations.

Covered walkways.

A covered walkway shall be permitted only where it is a continuous structure extending at least half the length of the block in the block where it is proposed to be constructed, and provided it extends across the full width of the facade of each building to which it is attached.

A covered walkway may extend out from the facade of the building and over the sidewalk, provided that it maintains at least a one-foot setback from the curbline, and no support column is constructed other than within one foot of the building facade and outside the street pavement but no farther than two feet from the curb.

No part of the covered walkway shall be lower than eight feet above the sidewalk.

The name of each store or business may be attached to the outside edge of the covered walkway structure so as to be visible from the street.

No sign may be mounted on top of the covered walkway.

The sign for each store or business attached to the outside edge of the covered walkway may be the same size permitted for an attached wall sign for that building, provided that there is no other wall sign located on the building facade higher than the covered walkway.

In addition, a sign with the name of the store or business may be suspended from the roof of the covered walkway, over the sidewalk, and be oriented perpendicular to the building facade, provided that it is no lower than eight feet above the sidewalk, and no larger than eight square feet.

All other permitted signage shall be allowed in addition to the signage permitted as a result of the covered walkway, provided that signage is on the walls and windows under the covered walkway.

The signage proposed to be attached to the street side of the covered walkway and the signage suspended under the walkway shall have uniform design features such as, but not limited to, height, color, letter styles, type and intensity of lighting, sign material, and border designs.

Security gates.

Restricted use. Security gates discourage pedestrian browse-shopping, and convey a sense of lack of security, and their use is restricted in the zone.

Permitted security gates. Security gates that are manually or power operated, that utilize an open-linkage design, and that are mounted only on the interior of the window glass and/or entry door(s) are permitted.

Prohibited security gates. The following security gate systems are prohibited:

Solid, metal security gates that obscure the view into the store.

Gates covering the exterior of the facade at grade.

Preferred alternative to security gates. "Hurricane" high-impact glass is a recommended alternative to security gates in the zone.

Nonconforming gates. Nonconforming gates, shall not be rebuilt, replaced, enlarged, or altered unless made to conform to regulations.

Window displays.

Window displays should be seasonally relevant, and should change at least four times per year.

Displays must adhere to effective visual merchandising techniques; clutter is prohibited.

Storage of merchandise is not permitted in display windows; the window display area must orient to the pedestrian shopper on the sidewalk, and must stimulate visual interest and appeal to that shopper.

Display windows shall remain lighted after business hours, until 10:00 p.m., as a means to encourage more browse-shopping in evening hours; to stimulate greater visual appeal; and to provide more sidewalk lighting to facilitate walking.

Design review process.

Responsibility. Scheduling a design review process with the CBDRA Committee is the responsibility of the building owner, developer, commercial tenant or his or her professional representative (architect or planner) seeking the improvement that requires review.

Timing. The design review should be obtained before formal application is made to the Borough for a building permit, sign permit, or development review.

Process. The applicant shall submit his or her plan to the Borough Code Enforcement Officer for design review. The Code Enforcement Officer shall either return the plan to the applicant with proposed revisions consistent with this chapter, or shall forward the plan to the CBDRA Committee for its approval.

There is no charge for the design review, and an applicant may bring a design back to the CBDRA Committee for review as often as he or she likes to consider design changes.

Regarding work performed on a business located within the CBDRA, the Borough may perform an inspection to validate that the work approved by the CBDRA Committee was the work performed.

Any applicant, person or entity seeking an appeal of any decision made by the Committee made under this section may do so by written notice of appeal served not later than 45 days following publication of the decision of the Committee to the Mayor and Council of the Borough of Glassboro.

How to file an appeal with Mayor and Council. All appeals shall be in writing, filed with the Borough Clerk within the time period set forth in this section. The written notice of appeal shall set forth in numbered paragraphs the basis for the appeal. The appellant shall also attach to the appeal any and all documents which the appellant wishes Mayor and Council to consider regarding the appeal.

Hearing of appeal by Mayor and Council; time. Mayor and Council shall conduct a public hearing on any appeal within 60 days following the receipt of said written appeal. Mayor and Council may, in its discretion, consider oral testimony of the appellant and any witnesses; consider any documents submitted with the written notice of appeal; any documents supplied by the Committee; and any and all other materials or documents which Mayor and Council, in its sole discretion, shall deem relevant.

Notice of decision on Appeal. Mayor and Council shall make a decision on the appeal at the time of the hearing. A determination of the appeal shall be based upon majority vote. The determination of Mayor and Council shall state its decision and reasons therefor in written resolution form within 10 days from such decision. A summary of the determination of the appeal shall be published in the official newspaper within 10 days of such decision.

Right of judicial review. Nothing herein shall be deemed to limit the right of judicial review of Borough action after an appeal is concluded by Borough Council of the Borough of Glassboro.

Outdoor design issues.

Outdoor merchandising on the sidewalk.

Area permitted. The sidewalk space adjacent to the storefront may be used for outdoor merchandise display, provided that pedestrian traffic flow on the public sidewalk or doorway entrance to the store are not impeded. At a minimum, there must be a four-foot clearance for pedestrian walkway from the curbline to the display outside the storefront.

The outdoor display must adhere to effective visual merchandising techniques requiring displays to be visually appealing to shoppers.

Merchants may not:

Include hanging objects that hang less than eight feet above the sidewalk.

Include hand-lettered signs.

Obstruct the public sidewalk leading to the entrance to a storefront or entryway into the store. There must be a clear access to the entry door corresponding to the width of a storefront door.

Actually sell merchandise outdoors; you may only display it (except during authorized sidewalk sales conducted by CBDRA Committee).

Outdoor dining.

Outdoor dining is a positive indication of business activity, and is permitted and encouraged in the zone where practicable.

Restaurants, coffee shops, or other eateries that propose to facilitate outdoor dining may do so if the creation of the outdoor space does not impede pedestrian traffic flow. At a minimum, there must be a four-foot clearance for pedestrian walkway from the curbline to the outdoor dining space near the storefront.

The outdoor dining area must be defined by a form of enclosure, whether that be a temporary enclosure of posts/ropes, planters, or other permissible removable enclosure; or a permanent enclosure approved by the Zoning Board.

Permissible streetscape elements:

Decorative banners or flags provided they are offered by a special improvement district in the CBDRA, or approved by the CBDRA Committee.

Benches and/or other seating must receive approval from the CBDRA in addition to final approval by Mayor and Borough Council. Benches and/or seating must be in conformity with CPTED standards.

Planters in the form of window boxes, hanging baskets, or raised planting beds, provided that they do not obstruct the view of the commercial display window.

Pedestrian access may not be impeded by the placement of streetscape elements. There must be no less than a four-foot width of walkway clearance between the curbline and the build-to line of every property, and the clear walkway of each property must be contiguous with the walkway of adjacent properties. In no way can any streetscape element obstruct the access or egress to a facility.

Refuse, alleys.

The CBDRA is open and available to pedestrians for browse-shopping between the hours of 10:00 a.m. and 6:00 p.m. every day.

Trash removal that must be done from the front of a commercial property should begin at 6:00 a.m., and be completed no later than 9:00 a.m., so that the sidewalk is cleared and ready to receive shoppers prior to the 10:00 a.m. business hour.

To the extent that trash may not be removed from the rear or side of any commercial property and must instead be removed from the front, it is not permitted to be left on the curb to await removal during those hours.

Trash that is stored in outdoor receptacles must be screened from the view of shoppers, behind fences or enclosures that are at least six feet in height.

Private alleys in the CBDRA must be enclosed and locked with a fence at least, six feet high that is compatible with CBDRA architectural styling described herein, and obscures the view of the alley.

The commercial property owners are responsible for the cleanliness of their storefronts, and the sidewalks adjacent to their storefronts, and may be fined for a failure to keep them clean.

No person shall sweep into or deposit in any gutter, street, or other public place (other than a public waste bin) the accumulation of litter from any building or lot or from any public or private sidewalk or driveway.

Deliveries.

Deliveries made through the rear entrance of a business in the Central Business District commercial district may be made at any time of day.

Deliveries made through the front entrance of a business in the Central Business District commercial district (other than deliveries of three packages or less) must be made during nonbusiness hours; generally, prior to 10:00 a.m. or after 7:00 p.m.

Deliveries made to a business may not be left standing in front of the store, in the front entryway of a store, or in the aisles of the store during business hours.

Exterior lighting.

Exterior lighting fixtures must effectively promote pedestrian safety and security, and therefore must be compliant with the standards of a national program known as "Crime Prevention Through Environmental Design" or "CPTED." CPTED is a multidisciplinary approach to deterring criminal behavior, and a set of CPTED lighting guidelines is appended hereto as "Appendix A."[5]

Exterior lighting fixtures may be used to illuminate facades, entrances, walkways, and signage; they may also be used to decoratively illuminate facade architecture.

Lighting must enhance, not obstruct, visibility of street for residents/offices above grade, and therefore must avoid casting glare into upper-story windows. Display window lighting should contribute to exterior lighting of the pedestrian area, and should remain lit even after the close of business hours, until 10:00 p.m.

The use of fluorescent, flashing or blinking lights is prohibited, as is the use of multicolored lights, except for temporary seasonal displays.

Lighting shall not be used to illuminate the exterior of an awning or canopy, unless it is used to illuminate a sign on the awning or canopy.

Editor's Note: Appendix A is included at the end of this chapter.

(11)

Use standards.

Permitted business uses:

Uses permitted at grade level (By NAICS Codes) as per the following design guideline ordinances:[6]

Central Business District Third Amendment, Ordinance 07-67, adopted December 27, 2007.

Central Business District Fourth Amendment, Ordinance 08-14, adopted July 22, 2008, amended June 23, 2009.

Central Business District Fifth Amendment, Ordinance 08-24, adopted March 11, 2009, amended June 23, 2009.

Central Business District Sixth Amendment, Ordinance 08-25, adopted March 11, 2009, amended June 23, 2009.

Editor's Note: Copies of said guidelines are available in the Planning/Zoning office or through the online version of the Borough's Code (eCode360^®).

§ 107-64 Soil erosion and sediment control.

All developments shall incorporate soil erosion and sediment control programs phased according to the scheduled progress of the development, including anticipated starting and completion.

Data required. The applicant shall submit a natural resources plan as outlined under the development review provisions of this chapter, which plan shall clearly establish the means for controlling soil erosion and sedimentation for each site, or portion of a site when developed in phases. The soil erosion and sediment control measures shall have the approval of the Soil Conservation Service pursuant to the Soil Erosion and Sediment Control Act (c. 251, P.L. 1975, N.J.S.A. 4:24-39 et seq.).

General design principles. Control measures shall apply to all aspects of the proposed land disturbance and shall be in operation during all phases of the disturbance activity. The following principles shall apply to the soil erosion and sediment control plan:

Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion. The removal of topsoil from the site shall be prohibited. (See § 107-65.)

Whenever feasible, natural vegetation shall be retained and protected.

The extent of the disturbed area and the duration of its exposure shall be kept within practical limits.

Either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed critical areas during construction or other land disturbances.

Drainage provision shall accommodate increased runoff resulting from modified soil and surface conditions during and after development or land disturbance.

Water runoff shall be minimized and retained on site wherever possible to facilitate groundwater recharge.

Sediment shall be retained on site.

Diversions, sediment basins and similar required structures shall be installed prior to any on-site grading or land disturbance.

All stormwater runoff discharged from the project site shall conform to the water quality requirements set forth by NJDEP and U.S. Soil Conservation Service.

Prior to construction, the applicant shall present copies of all permits pertaining to soil erosion control and stormwater discharge.

Maintenance. All necessary erosion and sediment control measures installed under these provisions shall be adequately maintained for one year after completion of the approved plan or until such measures are permanently stabilized as approved by the Municipal Engineer. The Engineer shall give the applicant, upon the applicant's request to the governing body (which request shall then be referred by the governing body to the Engineer), certification of this approval.

Soil erosion prevention plan. Each tract shall have a soil erosion prevention plan to accompany the preliminary plat which shall show temporary sedimentation basin(s) through which stormwater will be directed during periods of construction. The plan shall show existing contours, temporary contours, temporary ditching and final contours. In addition, the plan shall outline general construction phases to illustrate what portion(s) of the site will be unprotected at various phases, the maximum amount of land to be exposed at various phases, the availability and use of water trucks to prevent dust and erosion by wind, areas where topsoil will be stockpiled during construction period(s), the area where it will be redistributed after completion of the applicable phase of construction, the methods of seeding the topsoil while it is stockpiled and again after its redistribution, and a plan of progressing toward completion of the entire project that shall outline how and at what phases and approximate times the previously exposed areas will be final graded and seeded or paved, or by some other means have the soil stabilized prior to completion of the entire project so that permanent soil erosion prevention methods will be employed at the earliest possible time.

§ 107-65 Soil removal and redistribution.

Soil removal and/or redistribution of any quantity of soil. The excavation and grading for the completion of construction or other site improvements shall be done in accordance with an approved plat which contains a grading plan in accordance with §§ 107-47 and 107-129, and soil erosion and sediment control provisions. Excavation of topsoil, subsoil, or other material such as sand and gravel, other than required for the construction of approved structures and supporting facilities, such as but not limited to on-site grading, streets, driveways and parking areas, shall be prohibited. No topsoil shall be removed from the site or used as spoil. Topsoil disturbed during the course of construction shall be redistributed so as to provide at least six inches of cover to all areas of the subdivision and shall be stabilized by seeding and planting. No subsoil or other material shall be sold or otherwise removed from the site unless pursuant to a soil removal permit. The fee for a soil removal permit shall be an application fee of $100 plus $0.25 per cubic yard of material which shall be measured after the material has been loaded on a vehicle for removal from the site. Every plan shall be designed to reasonably assure that all types of soil existing on site are retained on site after construction or other on-site improvements.

[Amended 9-9-1997 by Ord. No. 97-8]

Soil removal and/or redistribution involving more than 5,000 square feet of disturbance. In addition to complying with Subsection A above, any application which proposes the disturbance of more than 5,000 square feet of surface area of land as defined in the Soil Erosion and Sediment Control Act (c. 251, P.L. 1975) shall include on its plan the following:

[Amended 9-9-1997 by Ord. No. 97-8]

The means to control or prevent erosion, provide sedimentation basin(s) for soil that does erode due to water, and control drainage, dust and mud on the premises as well as abutting lands.

The preservation of soil fertility and the resulting ability of the area affected to support plant and tree growth by maintenance of adequate topsoil consisting of at least six inches of the original layer.

Maintenance of necessary lateral support and grades of abutting lands, structures and other improvements.

Prevention of pits and declivities which are hazardous or which provide insect-breeding locations.

The physical limitations and characteristics of the soil which shall not be altered to prevent the use to which the land may lawfully be put.