Borough of Seaside Park, NJ Design and Performance Standards

Structures may be in any alignment meeting the yard requirements and the following maximum lengths:

Two hundred feet on one plane;

Three hundred forty feet on any angle; and

Five hundred feet along the center line.

Other lengths may be approved, provided consideration is given to fire access between structures, convenient vehicular parking and access throughout the project, structural breaks, maximizing vistas and views, landscaping, and overall aesthetic appeal. A multiple-dwelling building shall have not less than three nor more than four units along one plane and not more than eight units in one overall structure.

No dwelling unit shall exceed three stories for habitable purposes. In order to assure adequate parking and on-site circulation, parking areas and utility rooms may be located at ground level with two habitable stories located above them, provided the overall building height is not exceeded.

The density shall not exceed the level permitted in the zoning regulations.

§ 200-34 Buffers.

[Amended 9-1-2009 by Ord. No. 1488]

Where in the Mixed Use Zone, except for a one- or two-family dwelling, a structure or building abuts the residential zone, or where off-street parking for six or more vehicles or off-street loading abuts a residential lot, the following requirements shall apply:

A designated buffer area shall be contiguous with residential property lines and be of uniform width of not less than five feet unless a different width is specified elsewhere in this chapter for a specific use. The applicant shall be required to erect and landscape either a six-foot high fence or install plantings sufficient to provide the required buffer.

Buffer areas shall be maintained and kept clean of all debris, rubbish, weeds and tall grass by the owner. Any screen planting shall be maintained permanently and any plant material which does not live shall be replaced within one year or one growing season.

No structure, activity, storage of materials, or parking of vehicles shall be permitted in a buffer area except access drives from public streets, one unlighted directional sign per each direction of traffic per access drive, and permitted signs.

Plantings.

Where parking and loading areas abut a residential lot, a landscaped screen shall be planted and maintained by the owner of the parking/loading area to conceal them from view, and eliminate the glare of vehicle lights throughout the year. The screen shall consist of evergreen trees, such as hemlock, Douglas fir, and Norway spruce. Trees shall be planted not more than eight feet apart except where otherwise authorized by the approving authority. Evergreen trees shall not be less than four feet high when planted. In the event existing evergreens do not provide an adequate buffer, supplemental plantings may be required.

If the buffer area includes existing trees and shrubbery, but not enough to provide a suitable screen as required above, supplemental evergreen plantings, trees and shrubs may be required to provide the landscape screen. If the approving authority finds these supplemental plantings will not grow satisfactorily, a fence six feet high shall be erected in the buffer area.

The approving authority shall have the power to waive any of the buffer requirements if they determine an adequate buffer can be provided in another manner while maintaining the purposes of this section. The approving authority shall review the proposed plat and the standards and purposes for buffers considering the location and setback of buildings and parking areas; outdoor illumination; existing features such as trees and buildings; the efficiency, adequacy and safety of the proposed layout of driveways, streets, sidewalks and parking/loading areas; the adequacy and location of existing buffer areas; the proposed uses; and similar features.

§ 200-35 Curbs and gutters.

Concrete curb shall be installed along all streets in accordance with Chapter 405, Streets and Sidewalks, and, unless waived by the approving authority, along all edges of pavement within a site. The standard curb section shall be 10 feet in length with preformed bituminous expansion joint fillers at ten-foot intervals and shall be set in accordance with approved lines and grades, and radial curbs shall be formed in a smooth curve. The finish shall be a smooth float finish with corners rounded. Concrete curbs shall be six inches by eight inches by 18 inches (six-inch exposed face), using Class B concrete having a twenty-eight-day compressive strength of 3,500 p.s.i. and shall be air entrained. Barrier-free curb ramps shall be constructed in accordance with the "Design Standards for Curb Ramps for the Physically Handicapped" of the N.J. Department of Transportation.

§ 200-36 Drainage.

[Amended 9-1-2009 by Ord. No. 1488]

Any system shall be adequate to handle all water which originates within the development and beyond. Sites shall be planned and designed to minimize the rate and volume of stormwater runoff and so the rate and volume leaving the site after development is no greater than it was before development. No water shall be diverted as to overload existing systems or create flooding or the need for additional drainage structures on other lands without provisions being made to handle these conditions, including off-tract improvements. Piping all stormwater may not be required, but alternate, equivalent methods may be approved considering capacity, erosion, safety, maintenance, aesthetics, and the ability of an alternate system to provide proper drainage.

A twenty-five-year storm curve shall be used in computing stormwater runoff.

Where piping is required, the pipe size shall be determined by acceptable engineering design procedures based upon Ocean County Subdivision Review and Site Plan Review Resolutions, but not less than 15 inches in diameter. Drain pipes shall be laid to the exact lines and grades approved by the Municipal Engineer. Specifications for manholes, inlets, and storm drains shall follow the 1961 State Highway Specifications, as amended.

Where piping is required, drainage inlets shall be not more than 750 feet apart, or such shorter distances as required to prevent surface water from encroaching on the required travel lane, or exceeding four cubic feet per second at the drainage inlet. Access manholes shall be not more than 500 feet apart and at pipe junctions.

Where a new piped system is installed, a drainage right-of-way easement at least 20 feet wide shall be dedicated to the Borough. See § 200-38.

All stormwater designs shall comply with the soil erosion and sediment control provisions in § 200-56. Grading shall direct drainage away from all buildings, prevent the collection of water in pools, and avoid the concentration of stormwater from one lot to another.

A grading and drainage plan is required prior to the issuance of a building . A final as-built plan is required prior to the issuance of a certificate of occupancy.

§ 200-37 Driveways.

See also §§ 200-35, 200-36, 200-48, 200-53 and 200-58.

Permit required. No person shall alter, demolish or construct any part of a curb or sidewalk for the purpose of installing a driveway or an opening across said sidewalk or curb for other purposes without having first applied for and obtained a driveway permit, in writing, to do so. Said permit shall be issued by the Zoning Official. The application shall be signed by the applicant or a duly authorized agent of the applicant and shall show the location of the proposed driveway or opening in the curb or sidewalk, drawn to scale, with clearly indicated dimensions of all work to be done.

The number and dimensions of driveways shall be in accordance with § 200-48.

See Chapter 405, Streets and Sidewalks.

§ 200-38 Easements.

Drainage and utility easements shall be alongside and/or near property lines where possible, shall not be less than 20 feet wide (except walkways shall have widths as specified in § 200-53, shall be dimensioned on the plat, shall provide for maintenance access, shall prohibit plantings or construction, except as provided for in § 405-27, and shall be identified as follows: "Drainage/utility easement granted to the Borough of Seaside Park as provided for in the Development Regulations Ordinance."

[Amended 11-13-2014 by Ord. No. 1658]

Sight triangle easements per § 200-53.

§ 200-39 Environmental impact report.

Prior to submitting a preliminary plat, the applicant shall present an overview of the natural limitations of the site to guide the layout of the proposed development. Maps showing the Federal Flood Administration flood hazard boundaries, riparian rights, existing beaches, and natural dune lines shall be included, where applicable. Little or no text need accompany this data at this stage. It is anticipated that major areas of concern can be identified and agreed upon by use of this generalized data at an early stage in order to avoid development designs that will encroach upon the major environmentally sensitive areas. Where environmentally sensitive areas must be encroached upon in exceptional situations, the environmental impact report submitted at the preliminary plat stage shall analyze the problem in more detail based on on-site evaluations and state and federal regulations, but the analysis can be limited to the smaller areas of impact rather than the whole site.

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.

An inventory of the following on-site conditions and an assessment of the probable impact of the development upon them: water supply; water quality; flood hazard protection; beach and dune erosion; dune beach grass protection; sewage collection system capacity; air quality; historic landmarks; site aesthetics, e.g., views, etc. Air and water quality shall be described with reference to standards of the Department of Environmental Protection. Soil erosion and dune protection shall be described with reference to Soil Conservation Service categories and plans to stabilize, then rebuild, dunes.

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 situation, increase in Borough services or capital needs, and consequences to the Borough's 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 based upon a written request for a waiver accompanied by sufficient evidence to support a conclusion that the development will have a slight or negligible environmental impact, or that the complete report need not be prepared to evaluate the environmental impact of the development.

§ 200-40 Fences and walls.

[Amended 9-1-2009 by Ord. No. 1488; 2-27-2014 by Ord. No. 1646]

No fence shall be erected within the Borough of Seaside Park unless a permit for the erection of such fence shall have been obtained from the Construction Official and/or Zoning Officer in accordance with the requirements of this section. The fence permit application shall further be accompanied by an accurate survey identifying the tax lot and block upon which the proposed fence is to be located, the name and address of the applicant, the height and location of the proposed fence in relation to all property lines of the premises upon which the fence is to be located, and the material and type of construction of the proposed fence. "Fence" or "fencing" is defined as any wood, masonry, plastic, metal, vinyl or aluminum structure(s) or walls constructed to shield, screen or protect a lot or portion of a lot.

No fence constructed under this section, subject to the limitations set forth below, shall exceed six feet in height.

Front yard setback area. No fence constructed under this section within the front yard setback area of any lot developed with a one- or two-family dwelling shall exceed four feet in height. Any portion of the fence that is more than three feet above adjacent grade must remain at least 50% open to light and air. By way of example, a four-foot-high fence may consist of a three-foot solid portion with a one-foot portion above the solid portion that is at least 50% open to light and air.

[Amended 8-28-2014 by Ord. No. 1656]

Waterfront lots. Notwithstanding any provision of this section to the contrary, in cases in which the developer's lot fronts on a body of water and is developed with a one- or two-family dwelling, any fence constructed within 15 feet of the water shall not exceed four feet in height. Any portion of the fence that is more than three feet above adjacent grade must remain at least 50% open to light and air. By way of example, a four-foot-high fence may consist of a three-foot solid portion with a one-foot portion above the solid portion that is at least 50% open to light and air.

[Amended 8-28-2014 by Ord. No. 1656]

Any fence which shall be constructed under this section at the corner of a corner lot shall be no higher than 18 inches when constructed within a sight triangle. In addition, any fence constructed along the street sides of a corner lot shall meet the requirements provided for in Subsection C of this section. No fence shall be erected in the public right-of-way under any circumstances.

Any fence to be constructed under this section shall be erected with the finished side facing the exterior of the lot which is being enclosed and shall be maintained in good and safe condition at all times. In addition, where a wire fence is to be constructed under this section, the unfinished or cut portion of such fence shall be installed toward the ground.

Commercial trash enclosures. Notwithstanding any provision of this section to the contrary, a six-foot-high solid fence shall be required around areas serving a commercial trash collection purpose.

[Amended 8-28-2014 by Ord. No. 1656]

Fences shall be a permitted structure within the minimum setback areas in accordance with this section, unless specifically prohibited by other provisions of this chapter.

Inspection. Upon completion of the erection of a fence under this section requiring a permit, the developer shall notify the Code Enforcement Official of the completion and shall request an inspection of the fence.

§ 200-41 Fire protection.

Where fire hydrants either do not exist or are not of adequate capacity or designed for Borough fire equipment, provision shall be made for new fire hydrants along streets and/or on the walls of major nonresidential structures as approved by the Fire Department or Municipal Engineer and in accordance with the Insurance Services Office of New Jersey. New hydrants shall be required as part of a major site plan or a major subdivision where the midpoint of any lot under review does not lie within 500 feet of a functioning fire hydrant having fire hose threads conforming to the fire company equipment with no less than two-and-one-half-inch hose connections and one four-and-one-half-inch pumper nozzle. Hydrants shall be set plumb with nozzles 18 inches above grade.

Properties adjacent to the bay or along bulkheads shall provide access to the bay so water for fire-fighting purposes may be drafted from the bay. This shall include access suitable for use by fire-fighting equipment. Such facilities shall be constructed to the satisfaction of the Municipal Engineer and Fire Department and in accordance with the Insurance Services Office of New Jersey.

§ 200-42 Flood damage prevention.

[Amended 8-2-1990 by Ord. No. 1096; 9-27-2006 by Ord. No. 1396; 2-14-2013 by Ord. No. 1620; 4-11-2013 by Ord. No. 1622; 11-23-2015 by Ord. No. 1690; 3-24-2016 by Ord. No. 1696]

Findings of fact.

The flood hazard areas of the Borough of Seaside Park are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities and, when inadequately anchored, causes damage in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

Statement of purpose. It is the purpose of this section to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:

Protect human life and health;

Minimize expenditure of public money for costly flood-control projects;

Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

Minimize prolonged business interruptions;

Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, bridges located in areas of special flood hazard;

Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;

Ensure that potential buyers are notified that property is in an area of special flood hazard; and

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

Methods of reducing flood losses. In order to accomplish its purposes, this section includes methods and provisions for:

Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities;

Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel floodwaters;

Controlling filling, grading, dredging, and other development which may increase flood damage; and

Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

Definitions.

Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.

ACCUMULATIVE SUBSTANTIAL IMPROVEMENT

As used in this section, the following terms shall have the meanings indicated:

Any reconstruction, rehabilitation, addition, or other improvement of a structure that equals or exceeds 50% of the market value of the structure at the time of the improvement or repair when counted accumulatively for 10 years.

AH ZONE

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

AO ZONE

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

APPEAL

A request for a review of the Floodplain Manager's interpretation of any provision of this section or a request for a variance.

AREA OF SHALLOW FLOODING

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

AREA OF SPECIAL FLOOD HAZARD

The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year. It is shown on the FIRM as Zone V, VE, V1-30, A, AO, A1-A30, AE, A99, or AH.

BASE FLOOD

The flood having a one-percent chance of being equaled or exceeded in any given year.

BASE FLOOD ELEVATION (BFE)

The flood elevation shown on a published Flood Insurance Study (FIS) including the Flood Insurance Rate Map (FIRM). For Zones AE, AH, AO, and A1-30, the elevation represents the water surface elevation resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year. For Zones VE and V1-30 the elevation represents the stillwater elevation (SWEL) plus wave effect (BFE = SWEL + wave effect) resulting from a flood that has a one-percent or greater chance of being equaled or exceeded in any given year.

BASEMENT

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

BREAKAWAY WALL

A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.

COASTAL A OR AE ZONE

The portion of the special flood hazard area (SFHA) starting from a Velocity (V) Zone and extending up to the landward limit of the moderate wave action delineation. Where no V Zone is mapped, the Coastal A or AE Zone is the portion between the shore and the landward limit of the moderate wave action delineation. Coastal A or AE Zones may be subject to wave effects, velocity flows, erosion, scour, or combinations of these forces, and construction/development is to be designed to resist the anticipated combination of flood loads, including hydrostatic, hydrodynamic, wave and debris loads.

COASTAL HIGH-HAZARD AREA

An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard.

DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)

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

ELEVATED BUILDING

A nonbasement building i) built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor or, in the case of a building in a Coastal High-Hazard Area, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and ii) adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In areas of coastal high-hazard, "elevated buildings" also includes a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls.

EROSION

The process of the gradual wearing away of land masses.

EXISTING MANUFACTURED HOME PARK OR SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community.

FLOOD INSURANCE RATE MAP (FIRM)

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

FLOOD INSURANCE STUDY (FIS)

The official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface 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; and/or

FLOODPLAIN MANAGEMENT REGULATIONS

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

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.

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.

HIGHEST ADJACENT GRADE

The highest natural elevation of the ground surface prior to construction next to the proposed 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 the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

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

LIMIT OF MODERATE WAVE ACTION (LiMWA)

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

Inland limit of the area affected by waves greater than 1.5 feet during the base flood. Base flood conditions between the VE Zone and the LiMWA will be similar to, but less severe than, those in the VE Zone.

LOWEST FLOOR

The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement, is not considered a building's lowest floor, provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements of 44 CFR 60.3.

MANUFACTURED HOME

A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."

MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION

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

NEW CONSTRUCTION

Structures for which the start of construction commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.

NEW MANUFACTURED HOME PARK or SUBDIVISION

A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the floodplain management regulations adopted by the municipality.

PRELIMINARY FLOOD INSURANCE RATE MAP (FIRM)

The draft version of the FIRM released for public comment before finalization and adoption.

PRIMARY FRONTAL DUNE

A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves from coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from the relatively steep slope to a relatively mild slope.

RECREATIONAL VEHICLE

A vehicle which is:

Built on a single chassis;

Four hundred square feet or less when measured at the longest horizontal projections;

Designed to be self-propelled or permanently towable by a light-duty truck; and

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

SAND DUNES

Naturally occurring or man-made accumulations of sand in ridges or mounds landward of the beach.

START OF CONSTRUCTION

For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348),[1] includes substantial improvements and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings or piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

STRUCTURE

A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above the 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 damage" also means flood-related damages sustained by a structure on two or more separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value of the structure before the damages occurred.

SUBSTANTIAL IMPROVEMENT

Any reconstruction, rehabilitation, addition, or other improvement of a structure during a ten-year period the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. "Substantial improvement" also means "accumulative substantial improvement." This term includes structures which have incurred substantial damage, regardless of the actual repair work performed, or repetitive loss. The term does not, however, include either:

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

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

VARIANCE

A grant of relief from the requirements of this section that permits construction in a manner that would otherwise be prohibited by this section.

VIOLATION

The failure of a structure or other development to be fully compliant with this section. A new or substantially improved structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in 44 CFR 60.3(b)(5), (c)(4), (c)(10), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided.

Editor's Note: See 16 U.S.C. § 3501 et seq.

General provisions: Lands to which section applies. This section shall apply to all areas of special flood hazards within the jurisdiction of the Borough of Seaside Park, Ocean County, New Jersey.

General provisions: Basis for establishing areas of special flood hazard.

The areas of special flood hazard for the Borough of Seaside Park, Community No. 345319, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:

A scientific and engineering report "Flood Insurance Study, Ocean County, New Jersey (All Jurisdictions)," dated September 29, 2006.

Flood Insurance Rate Map for Ocean County, New Jersey (All Jurisdictions), as shown on index and panel(s) 34029C0337G and 34029C0329G, whose effective date is January 30, 2015.

The above documents are hereby adopted and declared to be a part of this section. The Flood Insurance Study and maps are on file at Borough Hall, 1701 North Ocean Avenue, Seaside Park, New Jersey.

General provisions: Penalties for noncompliance. No structure or land shall hereafter be constructed, relocated, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall, upon conviction thereof, be fined not more than $1,000 or imprisoned for not more than 90 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Borough of Seaside Park from taking such other lawful action as is necessary to prevent or remedy any violation.

General provisions: Abrogation and greater restrictions. This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

General provisions: Interpretation. In the interpretation and application of this section, all provisions shall be:

Considered as minimum requirements;

Liberally construed in favor of the governing body; and

Deemed neither to limit nor repeal any other powers granted under state statutes.

General provisions: Warning and disclaimer of liability.

The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages.

This section shall not create liability on the part of the Borough of Seaside Park, any officer or employee thereof or the Federal Insurance Administration, for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

Administration: Establishment of development permit.

A development permit shall be obtained before construction or development begins, including placement of manufactured homes, within any area of special flood hazard established in § 200-42F. Application for a development permit shall be made on forms furnished by the Floodplain Manager and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing. Specifically, the following information is required:

Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;

Elevation in relation to mean sea level to which any structure has been floodproofed;

Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 200-42P(2); and

Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

Fees to compensate the Borough for the expense of processing applications for development permits shall be paid with the application. The fee for a food hazard development permit for all new construction and substantial improvement shall be $100.

[Amended 5-11-2017 by Ord. No. 1730]

Administration: Designation of local administrator. The Borough Engineer, or other official designated by the governing body of the Borough of Seaside Park to be known as the Floodplain Manager, is hereby appointed to administer and implement this section by granting or denying development permit applications in accordance with its provisions.

Administration: Duties and responsibilities of administrator. Duties of the Floodplain Manager shall include, but not be limited to:

Permit review.

Review all development permits to determine that the permit requirements of this section have been satisfied.

Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.

Review all development permits in the coastal high-hazard area of the area of special flood hazard to determine if the proposed development alters sand dunes so as to increase potential flood damage.

Review plans for walls to be used to enclose space below the base flood level in accordance with § 200-42Q(2)(e).

Use of other base flood and floodway data. When base flood elevation and floodway data has not been provided in accordance with § 200-42F, Basis for establishing areas of special flood hazard, the Floodplain Manager shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer § 200-42P(1), Provisions for flood hazard reduction: Specific standards: Residential construction, and (2), Provisions for flood hazard reduction: Specific standards: Nonresidential construction.

Information to be obtained and maintained.

Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures and whether or not the structure contains a basement.

For all new or substantially improved floodproofed structures:

Verify and record the actual elevation (in relation to mean sea level); and

Maintain the floodproofing certifications required in § 200-42K(1)(c).

In coastal high-hazard areas, certification shall be obtained from a registered professional engineer or architect that the provisions of § 200-42Q(2)(a) and (b)[1] and [2] are met.

Maintain for public inspection all records pertaining to the provisions of this section.

Alteration of watercourses.

Notify adjacent communities and the New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section, and the Land Use Regulation Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.

Require that maintenance is provided within the altered or relocated portion of said watercourse so the flood-carrying capacity is not diminished.

Substantial damage review.

After an event resulting in building damages, assess the damage to structures due to flood and nonflood causes.

Record and maintain the flood and nonflood damage of substantial damage structures and provide a letter of substantial damage determination to the owner and the New Jersey Department of Environmental Protection, Dam Safety and Flood Control Section.

Ensure substantial improvements meet the requirements of § 200-42P(1), Provisions for flood hazard reduction: Specific standards: Residential construction, and (2), Provisions for flood hazard reduction: Specific standards: Nonresidential construction.

Interpretation of FIRM boundaries. Make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Subsection N.

Administration: Variance procedure.

Appeal Board.

The Planning Board, as established by Borough of Seaside Park pursuant to N.J.S.A. 40:55D-25(c) ("Planning Board"), shall hear and decide appeals and requests for variances from the requirements of this section.

The Planning Board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Manager in the enforcement or administration of this section.

Those aggrieved by the decision of the Planning Board, or any taxpayer, may appeal such decision to a court of competent jurisdiction, according to law.

In passing upon such applications, the Planning Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this section, and:

The danger that materials may be swept onto other lands to the injury of others;

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

The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;

The importance of the services provided by the proposed facility to the community;

[5]

The necessity to the facility of a waterfront location, where applicable;

[6]

The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;

[7]

The compatibility of the proposed use with existing and anticipated development;

[8]

The relationship of the proposed use to the comprehensive plan and floodplain management program of that area;

[9]

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

[10]

The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and

[11]

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

Upon consideration of the factors of § 200-42N(1)(d) and the purposes of this section, the Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.

The Floodplain Manager shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.

Conditions for variances.

Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in § 200-42N(1)(d)[1] through [11] have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.

Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

(Reserved)

Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

Variances shall only be issued upon:

A showing of good and sufficient cause;

A determination that failure to grant the variance would result in exceptional hardship to the applicant; and

A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in § 200-42N(1)(d), or conflict with existing local laws or ordinances.

Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

Provisions for flood hazard reduction: General standards. In all areas of special flood hazards, compliance with the applicable requirements of the Uniform Construction Code (N.J.A.C. 5:23) and the following standards, whichever is more restrictive, is required:

Anchoring.

All new construction to be placed or substantially improved and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.

All manufactured homes to be placed or substantially improved shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

Construction materials and methods.

All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.

All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.

Utilities.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system;

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters;

On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and

For all new construction and substantial improvements, the electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

Subdivision proposals.

All subdivision proposals and other proposed new development shall be consistent with the need to minimize flood damage;

All subdivision proposals and other proposed new development shall have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to minimize flood damage;

All subdivision proposals and other proposed new development shall have adequate drainage provided to reduce exposure to flood damage; and

Base flood elevation data shall be provided for subdivision proposals and other proposed new development which contain at least 50 lots or five acres (whichever is less).

Enclosure openings. All new construction and substantial improvements having fully enclosed areas below the lowest floor that are usable solely for the parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other covering or devices, provided that they permit the automatic entry and exit of floodwaters.

Provisions for flood hazard reduction: Specific standards. In all areas of special flood hazards where base flood elevation data have been provided as set forth in § 200-42F, Basis for establishing areas of special flood hazard, or in § 200-42M(2), Use of other base flood and floodway data, the following standards are required:

Residential construction.

New construction and substantial improvement of any residential structure located in an A or AE Zone shall have the lowest floor, including basement, together with the attendant utilities and sanitary facilities, elevated to or above the base flood elevation (FIS/FIRM), plus two feet, or as required by the Uniform Construction Code (N.J.A.C. 5:23), whichever is more restrictive, with the following exceptions: electrical wiring and conduit, electrical meter, and HVAC duct work shall be elevated to or above the base flood elevation (FIS/FIRM) plus one foot or as required by the Uniform Construction Code (N.J.A.C. 5:23), whichever is more restrictive.

Require within any AO Zone on the municipality's FIRM that all new construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated above the highest adjacent grade two feet above the depth number specified in feet (at least three feet if no depth number is specified), and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

Nonresidential construction. In an area of special flood hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure located in an A or AE Zone shall have the lowest floor, including basement, together with the attendant utilities and sanitary facilities, either a) elevated to or above the base flood elevation (published FIS/FIRM), plus two feet or as required by the Uniform Construction Code (N.J.A.C. 5:23), whichever is more restrictive, with the following exceptions: electrical wiring and conduit, electrical meter, and HVAC duct work shall be elevated to or above the base flood elevation (FIS/FIRM) plus one foot or as required by the Uniform Construction Code (N.J.A.C. 5:23), whichever is more restrictive; and b) require within any AO Zone on the municipality's DFIRM that all new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall have the lowest floor, including basement, elevated above the highest adjacent grade two feet above the depth number specified in feet (at least three feet if no depth number is specified), and require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures; or

Be floodproofed so that below the base flood level plus two feet, the structure is watertight with walls substantially impermeable to the passage of water;

Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in § 200-42M(3)(b)[2].

Manufactured homes.

Manufactured homes shall be anchored in accordance with § 200-42O(1)(b).

All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation (published FIS/FIRM) plus two feet.

Provisions for flood hazard reduction: Coastal high-hazard area and Coastal A Zones. Coastal high-hazard areas (V or VE Zones) and Coastal A Zones (or AE Zones) are located within the areas of special flood hazard established in § 200-42F. These areas have special flood hazards associated with high-velocity waters from tidal surges and hurricane wave wash; therefore, the following provisions shall apply:

Location of structures.

All buildings or structures shall be located landward of the reach of the mean high tide.

The placement of manufactured homes shall be prohibited, except in an existing manufactured home park or subdivision.

Construction methods.

Elevation. All new construction and substantial improvements in the coastal high-hazard areas shall be elevated on piling or columns so that:

The bottom of the lowest horizontal structural member of the lowest floor (excluding the piling or columns) is elevated to or above the base flood elevation (published FIS/FIRM) plus two feet or as required by the Uniform Construction Code (N.J.A.C. 5:23), whichever is more restrictive, with the following exceptions: Electrical wiring and conduit, electrical meter, and HVAC duct work shall be elevated to or above the base flood elevation (FIS/FIRM) plus one foot or as required by the Uniform Construction Code (N.J.A.C. 5:23), whichever is more restrictive.

With all space below the lowest floor's supporting member open so as not to impede the flow of water, except for breakaway walls as provided for in § 200-42Q(2)(e).

Elevation. All new construction and substantial improvements in the Coastal A Zones shall be elevated on piling, columns or in accordance with ASCE so that:

The first-floor elevation is elevated to or above the base flood elevation (published FIS/FIRM) plus two feet or as required by the Uniform Construction Code (N.J.A.C. 5:23), whichever is more restrictive, with the following exceptions: Electrical wiring and conduit, electrical meter, and HVAC duct work shall be elevated to or above the base flood elevation (FIS/FIRM) plus one foot or as required by the Uniform Construction Code (N.J.A.C. 5:23), whichever is more restrictive.

With all space below the lowest floor's supporting member open so as not to impede the flow of water, except for breakaway walls as provided for in § 200-42Q(2)(e).

Structural support.

All new construction and substantial improvements shall be securely anchored on piling or columns.

The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse or lateral movement due to the effects of wind and water loading values, each of which shall have a one-percent chance of being equaled or exceeded in any given year (one-hundred-year mean recurrence interval).

There shall be no fill used for structural support.

Certification. A registered professional engineer or architect shall develop or review the structural design specifications and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for compliance with the provisions of § 200-42Q(2)(a), (b) and (c)[1] and [2].

Space below the lowest floor.

Any alteration, repair, reconstruction or improvement to a structure started after the enactment of this section shall not enclose the space below the lowest floor unless breakaway walls, open wood lattice-work or insect screening are used as provided for in this section.

Breakaway walls, open wood lattice-work or insect screening shall be allowed below the base flood elevation, provided that they are intended to collapse under wind and water loads without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system. Breakaway walls shall be designed for a safe loading resistance of not less than 10 pounds per square inch and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading of 20 pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions:

[a]

Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and

[b]

The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement or other structural damage due to the effects of wind and water load acting simultaneously on all building components (structural and nonstructural). Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards.

If breakaway walls are utilized, such enclosed space shall be used solely for the parking of vehicles, building access, or storage and not for human habitation.

Prior to construction, plans for any breakaway wall must be submitted to the Construction Official or Building Subcode Official for approval.

Sand dunes. There shall be no man-made alteration of sand dunes within Zones VE and V on the community's DFIRM which would increase potential flood damage.

§ 200-43 Lighting.

The objective is to minimize undesirable off-site effects. All area lighting, such as parking lots or for security, shall provide translucent fixtures with shields around the light source. The light intensity at ground level shall be a maximum of one footcandle. The total quantity of light radiated above a horizontal plane passing through the light source shall not exceed 7 1/2%. For recreation purposes, more intense lighting may be permitted, provided the shielding and possible required planting buffer are approved as part of the plat. No lights shall shine or reflect into windows or onto streets and driveways. No lights shall be rotating, pulsating, or other intermittent frequency.

§ 200-44 Lots.

[Amended 9-1-2009 by Ord. No. 1488]

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

Each lot must front upon an approved, paved street. See § 200-57, Streets.

Corner lots. Corner lots shall be of sufficient dimensions to allow building setbacks to meet the front yard requirements along each street.

Where there is a question as to the suitability of a lot(s) due to flood conditions, high water table, or similar circumstances, the approving authority may withhold approval of such lots or require deletion of said lot(s) with the area merged into adjacent lot(s).

Where two or more contiguous lots exist under the same ownership and one or more of said lots do not conform with the area and/or dimension requirements of this chapter, said contiguous lots shall be considered merged into the greatest number of conforming lots.

Whenever land has been dedicated to the Borough to meet the minimum street width requirements or to implement the Official Map or Master Plan, the Zoning or Code Enforcement Officer shall not withhold a zoning and/or occupancy permit when the lot depth and/or area was rendered substandard due to such dedication and where the owner has no adjacent lands to meet the minimum requirements.

[Amended 5-2-2013 by Ord. No. 1615]

§ 200-45 Monuments.

[Amended 5-2-2013 by Ord. No. 1615]

Monuments shall be the size and shape required by N.J.S.A. 46:23-9.9 et seq., the Map Filing Law, as amended, be placed in accordance with said statute, and indicated on the final plat.

§ 200-46 Nonconforming uses, structures or lots.

[Amended 11-5-1987 by Ord. No. 1027; 11-4-1993 by Ord. No. 1152; 11-29-2006 by Ord. No. 1407; 9-1-2009 by Ord. No. 1488; 10-28-2011 by Ord. No. 1544; 4-12-2012 by Ord. No. 1588; 2-14-2013 by Ord. No. 1619; 12-12-2013 by Ord. No. 1642]

The once lawful use of the land or a structure existing at the date of the adoption of this chapter may be continued although such use or structure does not now conform to the regulations specified by the chapter for the zoning district in which such use, lot or building is located.

Lots. Any lot legally existing at the time of the enactment of this chapter that is less than 5,000 square feet but not less than 2,500 square feet can be issued a building permit to construct a structure without an application for a variance to the appropriate land use board, provided that on the date of permit issuance, the structure shall conform to all of the regulations within the applicable zone set forth in this chapter.

Abandonment. Any nonconforming use, established pursuant to N.J.S.A. 40:55D-68, shall be considered abandoned where the totality of facts establish by a qualitative preponderance of the evidence:

An overt act or failure to act which carries a reasonable implication that the owner neither claims nor retains a sufficient interest in the subject matter of the abandonment; and

An intent to abandon.

The subsequent use of the structure and/or site shall be in conformity with the requirements of Article VII, Zoning.

Application for abandonment of a nonconforming use.

[Added 11-13-2014 by Ord. No. 1659[1]]

The Zoning Officer may issue a development permit to change the use of a lot or structure from a preexisting nonconforming two- or multifamily dwelling to a conforming single-family dwelling for a lot in the Residential Zone upon application which shall include the following:

A deed restriction in recordable form which shall contain the following language:

In consideration of the grant of a development permit to change the use of the above-referenced lot or structure(s) contained thereupon from a preexisting, nonconforming two- or multifamily dwelling to a conforming single-family dwelling for a lot in the Residential Zone issued by the Zoning Officer of the Borough of Seaside Park pursuant to application of the title holder referenced hereinabove to said real property, the undersigned title holder does hereby establish and agree to be bound by this restrictive covenant to confirm that the above-referenced real property is used as a single-family residential dwelling and any preexisting, nonconforming use is hereby legally abandoned. This covenant shall run with the land and be binding upon the heirs, successors and assigns and upon any other person(s) and/or entity to which the title holder transfers title.

The proposed deed shall be reviewed and approved by the Borough Attorney or Planning Board Attorney.

Proposed floor plans and elevations as applicable and as may be required by the Zoning Officer of the structure(s) subject to the abandonment if any construction or alteration is proposed to effect the change of use.

A written statement of all construction proposed to effect the change of use.

Copies of all construction permit applications required to effect the proposed construction.

Any other documentation requested by the Zoning Officer that he determines is reasonably required to make a decision on the application.

An application fee of $100 (if no permits are needed to be issued), made payable to the Borough of Seaside Park.

The effective date for the conversion of a preexisting, nonconforming two- or multifamily dwelling to a conforming single-family dwelling for a lot in the Residential Zone shall be upon the issuance of a certificate of occupancy for a single-family residential dwelling. The official records of the Borough of Seaside Park shall be adjusted accordingly.

Copies of the application and attachments shall be filed with the Construction Official, the Code Enforcement Official, the Water Superintendent (§ 94-2), Water and Sewer Utility Collector (§ 50-2) and Tax Assessor.

The Zoning Officer shall make inspections of the premises as necessary to determine and document existing conditions at the premises.

If the Zoning Officer determines the application constitutes an abandonment of a nonconforming two- or multifamily use and change of use to a conforming single-family dwelling use, he shall approve the application and issue a permit for same upon appropriate conditions, which shall include filing and recording of the deed restriction (as approved by counsel) with the Ocean County Clerk's office. A copy of the permit, recorded deed restriction, and certificate of occupancy shall be forwarded to the Planning Board, the Borough Clerk, the Code Enforcement Official, the Water Superintendent, and the Water, Sewer Utility Collector for filing and the Tax Assessor.

If the Zoning Officer is unable to determine whether abandonment is effected by the application, the application shall be denied. The developer may appeal the decision to the Planning Board pursuant to N.J.S.A. 40:55D-70(a). Nothing herein shall bar a developer from making an appropriate application for relief directly to the Planning Board.

Editor's Note: This ordinance also provided for the renumbering of former Subsections C through G as Subsections D through H.

Maintenance may be made to a nonconforming use, structure or lot, provided the maintenance work does not change the use, expand the building or the functional use of the building, increase the area of a lot used for a nonconforming purpose, or increase the nonconformity in any manner.

Building additions. Any structure legally existing at the time of the enactment of this chapter but which structure violates any setback or height requirement, or if the lot on which a structure is situated is undersized or has one or more dimensions that do not comply with this subsection, the owner may apply for and be issued a building permit to construct an addition to the structure without an appeal to the appropriate land use board, provided that all of the following provisions are met:

[Amended 1-26-2017 by Ord. No. 1722]

All the requirements for a proper building permit, other than those exempted in this section, are met.

The addition does not violate the required setbacks or height requirements.

The addition itself does not violate any use, the requirements of which are within this chapter.

The addition does not eliminate any existing off-street parking on the lot nor does it create the need for more off-street parking that cannot still be met on site.

The addition does not cause or enlarge a violation of the building coverage or lot coverage requirements of this chapter, and any new foundation area created by the addition does not exceed 50% of the foundation area of the existing principal building.

Existing front steps which are in violation of the front and/or side yard setbacks and in need of repair may be removed and reconstructed, provided that:

The steps are reconstructed in either the same configuration or a different configuration in order to meet current building code requirements and do not project any farther into the front or side yard setbacks or exceed existing height at any point other than within a distance measured horizontally from the subject doorway equal to the minimum required by current building code plus one foot.

In no event shall the steps or associated railings be permitted to extend beyond the property lines.

Restoration and repairs.

Total destruction.

N.J.S.A. 40:55D-68 does not allow for the rebuilding of a nonconforming use or structure that is completely destroyed. Total destruction terminates the grandfathered nonconforming use or structure regardless of the cause of the total destruction.

Total destruction shall be determined by both the Borough's Zoning Officer and Construction Official. If they agree that there has been total destruction, the nonconforming use or structure cannot be restored or repaired to its previous nonconforming status.

If the Zoning Officer and the Construction Official do not agree, the decision must be sent to the Board of Adjustment for resolution.

If the Zoning Officer and the Construction Official is the same person or if both functions are performed by one service provider or contractor on behalf of the Borough, then the matter must be referred to the Board of Adjustment for a decision.

The property owner retains the right to appeal the decision of the Zoning Officer and/or the Construction Official to the Board of Adjustment.

Partial destruction.

Any nonconforming use or structure existing prior to the adoption of new zoning ordinances may be continued upon the lot or in the structure so occupied, and any such structure may be restored or repaired to the previous level of nonconformity in the event of partial destruction, provided:

Such destruction was not the result of arson or some other illegal action by the owner or agent directed at destroying the nonconforming structure or use; and

(Reserved)

Subsection F(1)(c), (d) and (e) of this section also apply to partial destruction.

Any nonconforming structure or use partially destroyed at the convenience of the owner, such as demolition, major remodeling or similar action, or if partial destruction is the result of arson or some other illegal action by the owner or agent directed at destroying the nonconforming structure or use, shall not be rebuilt except in conformity with the provisions of this chapter.

Repairs and maintenance. Repairs and maintenance work as required to keep a structure in sound and safe condition, or to rebuild after damages to said premises, may be made to a nonconforming structure, providing the repairs and maintenance do not change the use, expand the building or functional use or increase the nonconformity in any manner. If any repair or maintenance undertaken pursuant to this subsection results in the total destruction of the structure or exceeds the limits of this section, then such structure shall not be rebuilt except in conformity with the provisions of this chapter.

Elevation.

Findings of fact.

These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities, and when inadequately anchored, cause damage in other areas. Uses that are inadequately floodproofed, elevated or otherwise protected from flood damage also contribute to the flood loss.

Statement of purpose. It is the purpose of this subsection to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by encouraging residents to elevate certain structures in the Borough which shall therefore:

Protect human life and health;

Minimize expenditure of public money for costly flood control projects;

Minimize the need for rescue-and-relief efforts associated with flooding and generally undertaken at the expense of the general public;

Minimize prolonged business interruptions;

Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;

Help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;

Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

Elevation of nonconforming structure.

[Amended 5-25-2023 by Ord. No. 2023-03]

Any principal structure legally existing at the time of the enactment of this subsection but which structure violates any setback requirement, or if the lot on which a structure is situated is undersized or has one or more dimensions that do not comply with this chapter, the owner may apply for and be issued a building permit to elevate the structure to comply with either the effective Flood Insurance Rate Map (FIRM) base flood elevations (BFEs), dated September 29, 2006, set forth in § 200-42F or the base flood elevations set forth on the Preliminary Flood Insurance Rate Map for the Borough of Seaside Park, prepared by the Federal Emergency Management Agency, dated January 30, 2015, set forth in § 200-42F, plus two feet of freeboard, provided all the following provisions are met:

All requirements for a proper building permit, other than those exempted in this section, are met;

The structure shall not be elevated any more than the minimum amount required to meet Subsection G(3) above;

The total square footage of habitable space provided by the elevated structure is not increased;

The elevated structure shall conform to the minimum construction standards for the lot's FIRM zone as set forth in § 200-42, Flood damage prevention. Alternatively, the structure may conform to the minimum construction standards recommended for the lot's preliminary FIRM zone as set forth in § 200-42.

In the event a lot is subject to prior land use board approvals, a permit may be granted pursuant to this subsection notwithstanding any condition of approval that requires further board review prior to additional development upon the lot.

Certificate of nonconformity.

The prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existed before adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application pursuant hereto may be made to the administrative officer, defined as the Borough Zoning Officer, within one year of the adoption of the ordinance which rendered the use or structure nonconforming or any time to the Planning Board.

The administrative officer shall be entitled to demand and receive for such certification issued by him a reasonable fee not in excess of those provided in N.J.S.A. 54:5-14 and N.J.S.A. 54:5-15. The fees collected by the official shall be paid by him to the municipality. Denial by the administrative officer shall be appealable to the Planning Board. Sections 59 through of 62 of P.L. 1979, c. 291 (N.J.S.A. 40:55D-72 to N.J.S.A. 40:55D-075) shall apply to applications or appeals to the Planning Board.

§ 200-47 Off-site and off-tract improvements.

Before final approval, payment of the developer's pro rata share of the following off-site and off-tract improvements may be required: street improvements, water system, sewerage, drainage facilities and easements therefor.

Essential off-site and off-tract improvements shall be installed or a performance guarantee furnished in lieu thereof, with the total cost borne by the developer.

Direct access to an improved street and connection to the water supply and sanitary sewer collection system shall be required.

Where demand for water and/or sewer service is beyond the capacity of present facilities, the approving authority may grant final plat approval, provided the developer acquires land, constructs improvements, and dedicates such water and sewer facilities to the Borough to overcome the present capacity limitations. Where the expanded facilities have a capacity beyond the needs of the development, the cost to the developer shall be in accordance with Subsection B below.

Where off-site and off-tract drainage facilities are not adequate to accommodate stormwater from the development, the approving authority may grant final approval if the developer shall acquire, improve and dedicate to the Borough such enlarged, additional or new drainage facilities.

In lieu of the developer's performing such off-site and off-tract work, the developer may enter into an agreement for such work to be performed by the Borough or its contractors at the cost of the developer.

Where off-site and off-tract improvements are essential to the development and the developer does not consent to the improvements, the application shall be denied, without prejudice, to such time when the conditions no longer apply.

Advisable off-site and off-tract improvements are those which, although not essential, would promote the objectives of this chapter and can be most appropriately accomplished in connection with the development. Where such improvements are required as a local improvement by the Borough and the costs are to be assessed against all properties specially benefited thereby (including the property of the developer), the following provisions shall apply:

The approving authority shall refer its recommendations to the governing body.

If the governing body concurs, the Municipal Engineer or other professional shall determine the nature of the improvements, including the needs created by the development and the existing needs in the area, notwithstanding the proposed development.

An estimate of the costs of such work shall be prepared, including all costs to be in any local improvement ordinance and those to be assessed to the developer. Costs shall include construction, engineering, any easement or right-of-way acquisition, legal work, advertising, contingencies, bonding, and assessments.

If the governing body will not adopt a local improvement ordinance, the development shall be designed accordingly.

If a local improvement ordinance is adopted, the governing body shall proceed in the following manner:

If sufficient funds are available for the initial appropriation, the governing body may appropriate such funds and adopt such ordinance.

If sufficient funds are not available for the initial appropriation, the governing body may determine the anticipated amount that the lands of the applicant would be expected to be assessed.

This amount shall be deposited by the applicant with the Borough Treasurer prior to final approval and prior to introduction of the local improvement ordinance.

The deposit shall be made concurrent with an agreement between the applicant and the Borough outlining the purposes for which the money may be spent; that such deposit may be appropriated by the Borough and commingled with other appropriated funds and expended for the designated purposes; that if not spent within an agreed upon time, said deposit shall be returned to the applicant; that the properties specially benefited by such improvement shall be assessed as provided by law, including the property of applicant; that the applicant's deposit shall be credited against the assessment and any difference shall be paid to the Borough or, if the deposit exceeded the amount assessed, the excess shall be refunded to the applicant, without interest.

Where said off-site and off-tract improvements are found by the approving authority to be advisable and important to the sound development of the site, but the developer is unwilling to make such deposit as specified above, then there shall be no final approval until funds become available for the initial appropriation required to adopt the local improvement ordinance.

The governing body shall determine whether or not to adopt a local improvement ordinance within 30 days after the referral by the approving authority unless the time is extended with the consent of the applicant. If the determination is not made within the designated period, the approving authority shall proceed as if the local improvement ordinance is not to be adopted.

§ 200-48 Off-street parking and loading.

[Amended 9-1-2009 by Ord. No. 1488]

Access to and from lots; driveways. See also § 200-37, Driveways.

[Amended 2-13-2021 by Ord. No. 2020-02]

Access drives shall be limited to one to any lot unless more are specifically authorized in this chapter.

Each drive to a single-family or two-family dwelling shall have a width of at least 10 feet, but not more than 12 feet at their opening, but may transition beginning at the rear face of the sidewalk to a wider drive subject to the provisions of this chapter. See also, Chapter 405, Schedule A, entitled "Driveway Apron/Depressed Curb Detail."[1]

Editor's Note: Said schedule is included as an attachment to this chapter.

Each driveway to a parking lot for other uses having a parking capacity for six or more vehicles shall be 12 feet wide for one-way traffic and 25 feet wide for two-way traffic. A driveway 25 feet wide shall handle no more than two lanes of traffic. A driveway to a parking lot for six or more vehicles shall be at least 20 feet from the street line of any intersecting street, except if the lot is greater than 25 feet wide, the driveway shall be located along the side of the property farthest from the street intersection but need not be farther than 75 feet from the intersection and be at least two feet from any property line, except that an access drive may be shared by abutting properties in which case the access drive may overlap the property line. Curbing shall be either depressed at the driveway or have the curbing rounded at the corners with the access drive connected to the street in the same manner as another street.

Access to off-street parking and loading spaces shall be by on-site aisles or driveways to permit each vehicle to proceed to and from each space without moving another vehicle, except that with residential units the second space required for each unit may block the first space for that unit, but no parking space from one unit may block the parking space of another unit nor block the access aisle or driveway. Parking spaces shall not be an extension of any street right-of-way.

Buffers. Parking areas for six or more vehicles and loading areas for nonresidential uses shall be buffered from adjoining streets and residential uses meeting the objectives of § 200-34, Buffers.

Curbing. Parking and loading areas for commercial uses, and parking lots for residential uses having six or more spaces, shall have concrete curbing around the perimeter in conjunction with a drainage plan. In lieu of concrete curbing, the approving authority may accept equivalent methods of defining the edge of paving, preventing vehicles from encroaching upon nonpaved areas, controlling drainage and guiding traffic circulation. Curbing, or any alternative, shall be ramped in accordance with the "Design Standards for Curb Ramps for the Physically Handicapped" of the N.J. Department of Transportation.

Dimensions.

Off-street parking spaces shall be nine feet by 18 feet. Parking spaces shall be at least 20 feet in length except that the last two feet may either be paved or be a grassed overhang area, and except further that parallel spaces shall be 25 feet in length. In parking lots containing less than 20 spaces a minimum of one space shall be at least 12 feet wide and for parking lots with more than 20 spaces, 1% of all spaces but not less than one space nor more than 10 spaces shall be 12 feet wide. These wider spaces shall be located in one area not more than 100 feet from the entrance to the building being served and designated as parking for the handicapped.

	Parking Spaces 10 Feet Wide		Parking Spaces 9 Feet Wide
	1-Way	2-Way	1-Way	2-Way
Angle of Parking Space (degrees)	Aisle (feet)	Aisle (feet)	Aisle (feet)	Aisle (feet)
90°	25	25	26	26
60°	18	20	20	22
Parallel	12	18	12	18

Off-street loading spaces shall have 15 feet of vertical clearance and be designed as follows:

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

Drainage facilities shall be installed in accordance with good engineering practice as approved by the Municipal Engineer and in accordance with the drainage provisions of § 200-36. Where subbase conditions are of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to a depth of at least 12 inches below the subgrade and filled with a suitable subbase material as determined by the Municipal Engineer. Parking spaces shall have a minimum grade of 0.5%.

Surfacing for commercial uses, multifamily housing projects, as well as residential lots requiring more than six parking spaces shall be approved as part of the plan approval. Areas to experience heavy traffic, e.g., driveways and loading areas, shall be paved over a stable subbase with not less than four inches of compacted, plant-mixed bituminous stabilized base course in layers of not more than two inches compacted thickness, or equivalent, plus a minimum two-inch thick compacted wearing surface of bituminous concrete (FABC), or equivalent. Areas to experience lighter traffic, e.g., parking spaces, shall have paving of three inches of compacted base course and 1.5 inches compacted wearing surface of the same material. All shall be constructed in accordance with the Standard Specifications of the New Jersey Department of Transportation. Parking to serve single-family and two-family homes may be approved with compacted stone rather than concrete or blacktop in order to minimize stormwater runoff, provided a concrete driveway apron extends from the curbline a distance at least three feet beyond the street right-of-way.

Landscaping within and around parking and loading areas shall be shown on the site plan, including the buffer requirements in § 200-34. Any plantings which do not live shall be replaced within one year or one season.

Minimum parking and loading requirements shall be based on the schedule for each zoning district. Uses not listed shall provide sufficient spaces as determined during site plan review.

Location.

Parking and loading spaces shall be located on the same lot as, or an adjacent lot to, the use being served. Off-street parking or loading spaces shall be designed in off-street parking and loading areas and shall not require part of a street for maneuvering or parking. The edge of any parking space, aisle, or driveway shall be at least five feet from any building and street right-of-way.

No parking and loading space shall be located in any required buffer area and all spaces shall be set back sufficient distance to prevent any part of a vehicle from overhanging the street right-of-way or property line.

Parking spaces located to serve residential uses shall be convenient to the intended use, but generally be within 75 feet of the entrance of the building and within 150 feet of commercial uses.

No parking shall be permitted in fire lanes, driveways, aisles, sidewalks, or turning areas.

AWNING, CANOPY OR MARQUEE SIGN

Handicapped spaces shall be identified by a capital "H" painted in the space with a sign facing the end of each space displaying the international symbol.

§ 200-49 Performance standards.

Air, water and environmental pollution. No use shall emit heat, odor, vibrations, noise, or any other pollutant into the ground, water, or air that exceeds the most stringent applicable state and federal regulation. No permit shall be issued for any use where a state permit is required until the state has ascertained and approved the level and quality of emission, type and quality of emission control, and level of monitoring to be conducted.

Storage and waste disposal. No site shall be used for the storage of waste or garbage from any other site. No materials shall be deposited so they can be transferred off the lot, directly or indirectly, by natural forces such as precipitation, surface water, evaporation or wind. All materials which might create a pollutant or be a safety and health hazard shall be stored indoors and/or be enclosed in appropriate containers to eliminate such pollutant or hazard. No flammable or explosive substance shall be stored on a property except under conditions approved by the Fire Department. No bulk storage of materials or equipment shall be in any front yard, nor closer to any street line than 100 feet, nor closer to any side or rear lot line than the minimum setback for principal buildings. Each site shall provide appropriate area(s), properly screened from adjacent property, for the orderly deposit and pickup of trash and garbage.

§ 200-50 Principal use.

[Amended 9-1-2009 by Ord. No. 1488; 7-28-2022 by Ord. No. 2022-12]

No lot in the Residential Zone shall have erected upon it more than one principal permitted use. No more than one principal building shall be permitted on one lot except that office complexes and businesses on the boardwalk may be permitted more than one building on a lot in accordance with an approved site plan where all buildings are spaced to provide the same distance between buildings that would have resulted had the adjacent buildings been placed on separate lots.

§ 200-51 Public utilities.

Public utilities shall be connected to approved public utility systems. Electric, telephone and cable TV distribution supply lines and service connections shall be installed underground, except lots which abut streets with existing overhead lines may be supplied from those overhead lines, but the service connections shall be installed underground. Should an extension of service occur as a result of a development, any replacement, relocation or extension of existing overhead lines shall be underground.

§ 200-52 Sidewalks.

Sidewalks shall be installed according to Chapter 405, Streets and Sidewalks, along all public streets located so the edge of the sidewalk closest to the street is 30 inches from the back side of the curb. Sidewalks shall be at least four feet wide and constructed of Class B concrete, 3,500 p.s.i., air-entrained and shall be four inches thick except at points of vehicular crossing where they shall be at least six inches thick. Sidewalks crossing driveways shall be reinforced with welded steel wire fabric having a six-inch-by-six-inch configuration of ten-gauge wire. Where sidewalks cross curbs, curb ramps shall be provided as outlined in § 200-35. Expansion joints shall be 1/2 inch wide, placed at intervals of approximately 20 feet and where sidewalks abut curbing, utility pole, manholes or any other structure, and shall be filled with preformed expansion joint filler for the full depth of the concrete.

§ 200-53 Sight triangles.

The sight triangle is the triangular area outside the street right-of-way. Its triangular shape is formed by the two intersecting street right-of-way lines and a third line running diagonally across the corner. Where streets and driveways intersect a state or county road, the sight triangle shall conform to state or county requirements. At all other street and driveway locations, the length of the side of the triangle along the curbline of the intersecting street, or along the edge of a driveway, shall be 20 feet. The length along the curbline of the through street shall be 60 feet. The classifications of existing and proposed streets shall be those shown on the adopted Master Plan or as designated by the approving authority where a new street is proposed that is not on the Master Plan. A sight triangle easement shall be expressed on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided in the Borough of Seaside Park Development Regulations Ordinance." Portions of a lot set aside for the sight triangle may be calculated in determining the lot area and minimum setbacks required by the zoning provisions.

Sight triangles shall be required at each corner of street intersections and at intersections of streets and driveways serving commercial and multifamily housing developments. The area within sight triangles shall be either dedicated as part of the street right-of-way or kept as part of the lot and identified as a sight triangle easement. No planting or structure shall be erected or maintained more than 18 inches above the center-line grade of the intersecting street or driveway or lower than 10 feet above their center lines, excluding street name signs and official traffic regulations signs. Where any intersection involves vegetation, including trees, the developer shall trim or selectively thin trees to provide the sight triangle.

§ 200-54 Signs.

[Amended 7-23-2009 by Ord. No. 1480; 9-1-2009 by Ord. No. 1488]

Definitions. The following words, terms and phrases used in this section shall have the indicated meanings:

ATTACHED SIGN

Any sign erected, constructed or maintained on a building with the principal support of said sign being the building, including specifically the painting of signs or displays on the exterior surface of the building.

A sign that is mounted or painted on or attached to an awning, canopy or marquee. Such sign shall not project above, below or beyond the awning, canopy or marquee.

FREESTANDING SIGN

A sign supported by one or more upright poles, columns, or braces placed in or on the ground and not attached to any building or structures.

PORTABLE SIGN

Any sign displayed only during business hours and located within the business property lines. Portable signs are temporary and/or seasonal by definition.

ROOF SIGN

A sign which is erected, constructed or maintained on, above or as part of the roof of any building.

SEASONAL SIGN

A temporary sign intended for seasonal use or a special event.

SIGN

Any announcement, display, advertisement or illustration placed to be seen from any street or public way.

TEMPORARY SIGN

Any seasonal sign, exterior poster, handbill, advertisement, banner, or other material which is not intended to remain more than 120 days at a particular location, with the exception of political signs and real estate signs.

General sign provisions.

No signs or any other advertising structure shall be erected, altered or replaced which is not in accordance with the standards established in this section and the Uniform Construction Code of the State of New Jersey. No signs or any other advertising structures or devices shall be permitted in the Borough except as specified in this section. The Code Enforcement Officer or a duly designated representative shall deem the type, location, use and/or purpose of each sign appropriate.

All signs shall be maintained in good condition and state of repair. If the Code Enforcement Officer or a duly designated representative shall find that any sign is unsafe, insecure or in need of repair, or is not maintained in proper condition, the Code Enforcement Officer shall give written notice to the permittee thereof. If the permittee fails to repair or remove it within 10 days after such notice, such sign may be removed by the Code Enforcement Officer at the expense of the permittee or owner of property on which it is located. The Code Enforcement Officer or a duly designated representative may cause any sign or other advertising structure which is an immediate peril to persons or property to be removed summarily at the expense of the permit holder or owner of the premises upon which the sign is located and without notice to said persons.

The area of a sign shall be measured around the outside edges of a framed or enclosed sign or by the area utilized by isolated words and/or symbols, including the background. The area shall not include any supporting framework and incidental bracing. A sign with two sides shall be measured for area by using the surface of one side of the sign only.

Attached signs shall be firmly attached to the exterior wall of a building and shall not project more than 15 inches from the building or extend above the height of the building.

Where permitted, all freestanding lighted signs shall be supplied with electric power from underground service.

No sign may be placed on or attached to a building or erected on a property for any purpose other than to advertise an approved activity or use conducted on the same premises.

No sign of any type shall be permitted to obstruct driving vision, traffic signal, traffic directional and identification signs, other signs, or windows of the building on which they are located. No sign shall be attached to trees, stumps, utility poles or other signs, but shall be freestanding or attached to the building exterior or fence in an approved manner.

No sign shall use mechanical, electrical, or computerized devices to rotate, flash, display movement or the illusion of movement, project moving images, or use auditory devices to emit sound within any zone. Computerized signs, such as LED message boards, which may exchange messages at timed intervals, are permitted in nonresidential zones, provided each message does not contain text or graphics that rotate, flash, display movement or the illusion of movement, project moving images, or use auditory devices to emit sound, and are further subject to the applicable subsections of this section.

(9)

All illuminated signs shall be arranged to reflect the light and glare away from adjoining premises and away from adjoining highways. No sign with red, green, or blue illumination in a beam shall be erected in any location in order to avoid resembling an emergency light. Neon tubing or bare bulb illumination is prohibited on all signs.

(10)

Informational and direction signs. Signs identifying street number designations, postal boxes, on-site directional and parking signs, and security warning signs shall be permitted, subject to a maximum area of one square foot which shall not be considered in calculating other sign limitations. Such signs shall be attached to the building or located within the property lines and shall not block any sidewalk or public right-of-way. Traffic control signs shall conform to the latest Manual on Uniform Traffic Control Devices for Streets and Highways, United States Department of Transportation, Federal Highway Administration.

(11)

Signs shall not be permitted on any canopy, awning or marquee, other than signs built into and forming a part of the structure of the canopy, awning or marquee.

Real estate for sale, rent, or lease and open house signs.

Only one unlighted freestanding, attached, or window sign advertising the sale, rental, or lease of property, or portion of the property, shall be permitted on a lot or building.

If there is more than one dwelling unit on a property, then one real estate sign may be displayed for each unit on the property which has a separate address and a separate owner. If the same owner owns two or more units on a property, then only one sign shall be permitted on the property for all units owned by that owner.

The dimensions of a freestanding, attached, or window sign shall be a maximum of 24.5 inches by 30 inches measured around the outside edges of the frame or enclosure or by the area utilized by isolated words and/or symbols, including the background. A sign with two sides shall be measured for area by using the surface of one side of the sign only. The area shall not include any supporting framework and incidental bracing. For the purposes of this section, an informational container (e.g., brochure box) intended to complement the information on the sign shall not be included in the sign area, provided that the container is attached to the one permitted sale, rent, or lease sign and that the dimensions of the container are no larger than is necessary to hold eight-and-one-half-inch-by-eleven-inch brochures.

Freestanding signs shall be located on the subject property in plain view, shall not block any sidewalk or public right-of-way, and shall be removed when the property is no longer available for sale, rent, or lease. The top of each sign shall not be higher than 42 inches above the ground, measured from the average grade at the supporting structure line to the top of the sign.

Open house signs. The following restrictions shall apply to open house real estate signs:

Only one sign may be placed on each lot or building being sold. A maximum of three directional signs may be placed off site, but shall not be placed on private property owned by another person without that owner's written permission.

The person(s), real estate firm, or entity that conducts any open house and places signs as described herein shall notify the Borough Code Enforcement Office via electronic mail to seasideparkcode@seasideparknj.org. Said notice shall be delivered upon placement of the open house sign on the lot or building being sold, and shall contain the name and telephone number of the individual responsible for said open house; certification that signs have been placed in accordance with all provisions of this chapter; and the time at which said open house shall conclude. The individual responsible for said open house shall, by noon (12:00 p.m.) of the day immediately following any open house notify the Borough Code Enforcement Office via electronic mail as described above that all related signs have been removed in accordance with the provisions of this section.

The single open house sign placed on the lot or building being sold shall include, at minimum, the name and telephone number of the person(s), real estate firm, or entity conducting said open house. Said sign shall not be larger than 24.5 inches by 30 inches, and the top of said sign shall not be higher than 42 inches above the ground. Said sign shall be located on the subject property in plain view, but shall not block any sidewalk or public right-of-way.

Directional open house signs shall, at minimum, identify the person(s), real estate firm, or entity that owns said signs. Directional signs for said open house shall be placed not more than seven hours in advance of the time at which said open house is to conclude. Directional signs shall not block any sidewalk or public right-of-way.

The open house sign on the lot or building being sold shall be placed not more than 72 hours in advance of the time at which said open house is to conclude. The open house signs, placed on the subject property, and all directional signs, shall be removed immediately, that day, upon the conclusion of said open house.

No open house sign shall be illuminated. Attachments to open house signs shall be attached firmly thereto and must be constructed of material that is certified as biodegradable or otherwise environmentally sensitive.

Residential signs.

For the purposes of this section, residential signs are defined as follows:

SIGN, RESIDENTIAL

Any sign depicting the name, location, or occupants of a home, multiple-dwelling apartment, townhouse, and/or condominium facility on properties used for approved residential activities.

Permitted residential signs:

One residential sign attached to each building which identifies the premises name, location, or occupants, and subject to a maximum height of six inches and width of 18 inches.

One freestanding or attached sign which identifies the premises name, location, or occupants or indicating the private nature of a driveway or premises, subject to a maximum area of nine square feet and maximum height of four feet measured to the highest point of the sign which is located within the property lines and shall not block any sidewalk or public right-of-way.

Multiple-dwelling apartment, townhouse, and condominium facilities shall only be permitted one sign on the lot or building subject to a maximum area of nine square feet and maximum height of four feet measured to the highest point of the sign. Such signs shall be attached to the building or located within the property lines and shall not block any sidewalk or public right-of-way.

Commercial and nonresidential signs. Signs on properties used for approved commercial and nonresidential activities shall be subject to zoning approval and permitted as follows:

Upon the termination of any business, all signs connected with that business must be removed within 10 days of the tenant vacating the space.

Civic, religious, philanthropic, or political organizations may erect temporary signs prior to a special event, provided that permission is granted by the governing body.

Temporary and/or seasonal signs. Temporary special event or seasonal-type signs may be permitted under the following conditions:

The Code Enforcement Officer or a duly designated representative deems the type, location, use and/or purpose of such sign appropriate.

A temporary or seasonal sign permit is obtained.

One portable sign, one-sided or two-sided, shall be permitted on the lot or building subject to a maximum height of four feet measured to the highest point of the sign, width of three feet, and depth of three feet, including frame and support features. Portable signs shall not block any sidewalk or public right-of-way. All other signs may not exceed 12 square feet.

The sign is not illuminated.

The sign is displayed for no more than 120 days in any one year.

No more than one temporary sign per enterprise or establishment may be displayed and not more than one permit shall be issued in any one year.

Signs advertising contractors, architects, builders, artisans, or other trades.

One temporary, unlighted sign advertising the contractor, architect, builder, artisan, or other trade may be permitted on a vacant lot, in addition to one sign temporarily advertising the sale, rental, or lease of property, or portion of the property, subject to the terms of this section.

Unlighted signs advertising contractors, architects, builders, artisans, or other trades shall be permitted on a lot actively under construction. Such signs shall be removed immediately upon the issuance of a certificate of occupancy.

In a case where limited construction is being performed on a developed property (e.g., building addition, driveway replacement, painting, etc.), one temporary sign advertising the contractor, architect, builder, artisan, or other trade may be permitted on a residential lot, in addition to one sign temporarily advertising the sale, rental, or lease of property, or portion of the property, during the actual performance of the service being provided by the specific contractor, architect, builder, artisan, or other trade as specified on the advertising sign. Such temporary sign shall be removed immediately upon the completion of the described service.

The dimensions of a freestanding sign advertising contractors, architects, builders, artisans, or other trades shall be a maximum of 24 inches by 24 inches measured around the outside edges of the frame or enclosure or by the area utilized by isolated words and/or symbols, including the background. The area shall not include any supporting framework and incidental bracing. A sign with two sides shall be measured for area by using the surface of one side of the sign only. Such signs shall be located at least two feet from the property line or 1/2 of the distance to the building line if the setback is less than two feet and shall not block any sidewalk or public right-of-way. The top of each sign shall not be higher than 30 inches above the ground, measured from the average grade at the supporting structure line to the top of the sign.

Attached signs. One or more signs attached to the building subject to an aggregate maximum area of 20 square feet. Such signs shall be permitted for one street on which the building has frontage. In buildings with more than one commercial or nonresidential unit, the maximum sign area shall be calculated for the building frontage of each unit separately. Any building having a frontage of more than 50 feet shall be permitted an additional four square feet of sign area for each additional 50 feet of building frontage.

Interior window signs. Interior signs on windows shall not be considered in computing the number or area of permitted signs. Interior window signs shall not exceed 25% of the individual window where the sign is displayed.

Boardwalk signs. Attached and freestanding signs shall be permitted for approved commercial activities located in the Boardwalk Zoning District subject only to the following limitations:

Signs which are visible from Ocean Avenue shall be subject to the requirements of Subsection E(5), Attached signs, above.

All other signs shall not be subject to these limitations or subject to the prohibition on mechanical or electrical devices to revolve, flash, or display movement or the illusion of movement; the prohibition on the use of red, green, or blue illumination in a beam in order to avoid resembling an emergency light; or the prohibition on the use of neo tubing or bare bulk illumination.

No sign attached to a building shall extend above the building height.

No freestanding sign shall exceed the maximum permitted building height.

No sign shall extend from one building to another above any walkway or public right-of-way.

Church and school signs. Churches and schools shall be permitted one attached sign subject to a maximum area of 20 square feet. Churches and schools shall also be permitted one freestanding sign subject to a maximum area of 20 square feet, height of 10 feet measured to the highest point of the sign, and set back a minimum of eight feet from all property lines.

Signs on public property and street rights-of-way. The placement of any sign on public property or within any public right-of-way is prohibited without approval by resolution of the governing body.

Public access signs.

[Added 10-24-2019 by Ord. No. 1916[1]]

"Public access signage" shall mean signs provided at public areas to clearly direct the public to points of access.

The municipality shall provide public access signage at all public access areas to clearly identify where public access is permitted and where public access is prohibited.

The Borough's Public Works Department will be responsible for maintenance of all public access signage.

Editor's Note: This ordinance also provided for the redesignation of former Subsection G, Enforcement, and former Subsection H, Violations and penalties, as Subsections H and I, respectively.

Enforcement. The Code Enforcement Officer of the Borough of Seaside Park or a duly designated representative is hereby designated as the enforcement officer of the provisions of this section.

Violations and penalties. Any person who violates this section or fails to comply with any of its requirements shall, upon conviction thereof, be subject to the penalty in § 200-19A of this chapter.

[Amended 5-2-2013 by Ord. No. 1615]

§ 200-55 Soil erosion and topsoil.

[Amended 5-2-1991 by Ord. No. 1104; 1-25-2006 by Ord. No. 1380]

All major site plans and major subdivisions shall incorporate consideration on preventing soil erosion, including dune restoration along the ocean beachfront. The purpose is to control beach erosion and strengthen the dune barriers while also preventing soil erosion in all areas of the Borough in order to minimize the damage and public costs associated with sand covering sidewalks, clogging storm drains, and, along the ocean, the loss of dune protection from storms.

Data required.

A plan showing the areas of a lot to be planted (seed, sod or shrubs) and those portions along the dune line of the beachfront that will be planted with beach grass.

Any proposed changes in contours such as berming and how the berm will be landscaped to avoid future erosion.

General design principles.

Grading, foundation preparation and other soil disturbance shall be done in a manner to minimize soil erosion. The duration of its exposure shall be kept within practical limits and either temporary seeding, mulching or other suitable stabilization measures shall be used to protect exposed areas during construction or other land disturbances. Drainage provisions shall accommodate runoff and water runoff shall be minimized through the retention of lawn and landscaped areas rather than excess paving.

Grading and filling. All berming and filling shall be with clean fill and/or topsoil.

Soil removal and redistribution. Excavation in excess of that required to construct approved structures and facilities shall be prohibited. Any application proposing the disturbance of more than 5,000 square feet of surface area of land shall comply with the Soil Erosion and Sediment Control Act (Ch 251, P.L. 1975),[1] except that the following are exempt:

Land disturbance associated with the construction of a single-family dwelling unit unless such unit is a part of a proposed subdivision, site plan, zoning variance, or building permit application involving two or more such single-family dwelling units.

Land disturbance of 5,000 square feet or less of the surface area of land for the accommodation of construction for which the Uniform Construction Code would require a building permit.[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Use of land for gardening primarily for home consumption.

Percolation tests and/or soil borings.

Editor's Note: See N.J.S.A. 4:24-39 et seq.

§ 200-56 Stormwater control.

[Added 5-24-2006 by Ord. No. 1387; amended 12-27-2012 by Ord. No. 1613; 3-11-2021 by Ord. No. 2021-03]

Scope and purpose.

Policy statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure best management practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low-impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.

Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection B.

Applicability.

This section shall be applicable to the following major developments:

Nonresidential major developments; and

Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21.

This section shall also be applicable to all major developments undertaken by the Borough of Seaside Park. If there are conflicting law, rules or regulations, the stricter law, rule or regulation shall apply. Applicants are entitled to apply to any legal relief that is permitted.

Compatibility with other permit and ordinance requirements.

Development approvals issued pursuant to this section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.

CAFRA CENTERS, CORES OR NODES

This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.

Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the stormwater management rules at N.J.A.C. 7:8-1.2.

Those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.

CAFRA PLANNING MAP

The map used by the Department to identify the location of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes. The CAFRA Planning Map is available on the Department's Geographic Information System (GIS).

COMMUNITY BASIN

An infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater best management practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this chapter.

COMPACTION

The increase in soil bulk density.

CONTRIBUTORY DRAINAGE AREA

The area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.

CORE

A pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.

COUNTY REVIEW AGENCY

An agency designated by the Ocean County Board of County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:

A county planning agency; or

EMPOWERMENT NEIGHBORHOODS

A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.

DEPARTMENT

The Department of Environmental Protection.

DESIGN ENGINEER

A person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.

DESIGNATED CENTER

A State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlarge-enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. In the case of development of agricultural land, development means: any activity that requires a State permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.

DISTURBANCE

The placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.

DRAINAGE AREA

A geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving water body.

Neighborhoods designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A. 55:19-69.

ENVIRONMENTALLY CONSTRAINED AREA

The following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership such as wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

ENVIRONMENTALLY CRITICAL AREA

An area or feature which is of significant environmental value, including but not limited to stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

GREEN INFRASTRUCTURE

A stormwater management measure that manages stormwater close to its source by:

Treating stormwater runoff through infiltration into subsoil;

Treating stormwater runoff through filtration by vegetation or soil; or

HUC 14 or HYDROLOGIC UNIT CODE 14

Storing stormwater runoff for reuse.

An area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a fourteen-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.

IMPERVIOUS SURFACE

A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

INFILTRATION

The process by which water seeps into the soil from precipitation.

LEAD PLANNING AGENCY

One or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.

MAJOR DEVELOPMENT

An individual "development," as well as multiple developments that individually or collectively result in:

The disturbance of one or more acres of land since February 2, 2004;

The creation of 1/4 acre or more of "regulated impervious surface" since February 2, 2004;

The creation of 1/4 acre or more of "regulated motor vehicle surface" since March 2, 2021; or

A combination of Subsection (1)(b) and (c) above that totals an area of 1/4 acre or more. The same surface shall not be counted twice when determining if the combination area equals 1/4 acre or more.

NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL

Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of Subsection (1)(a), (b), (c) or (d) above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., are also considered "major development."

MOTOR VEHICLE

Land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low-speed vehicles. For the purposes of this definition, motor vehicle does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.

MOTOR VEHICLE SURFACE

Any pervious or impervious surface that is intended to be used by "motor vehicles" and/or aircraft, and is directly exposed to precipitation including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.

MUNICIPALITY

Any city, borough, town, township, or village.

The manual maintained by the Department, providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this chapter. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this chapter. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this chapter, provided the design engineer demonstrates to the municipality, in accordance with Subsection D(6) of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this chapter.

NODE

An area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.

NUTRIENT

A chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.

PERSON

Any individual, corporation, company, partnership, firm, association, political subdivision of this state and any state, interstate or federal agency.

POLLUTANT

Any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance [except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. §§ 2011 et seq.)], thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the state, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.

RECHARGE

The amount of water from precipitation that infiltrates into the ground and is not evapotranspired.

REGULATED IMPERVIOUS SURFACE

Any of the following, alone or in combination:

A net increase of impervious surface;

The total area of impervious surface collected by a new stormwater conveyance system (for the purpose of this definition, a "new stormwater conveyance system" is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created);

The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or

REGULATED MOTOR VEHICLE SURFACE

The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.

Any of the following, alone or in combination:

The total area of motor vehicle surface that is currently receiving water;

A net increase in motor vehicle surface; and/or

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)

Quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.

SEDIMENT

Solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.

SITE

The lot or lots upon which a major development is to occur or has occurred.

SOIL

All unconsolidated mineral and organic material of any origin.

An area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the state's future redevelopment and revitalization efforts.

STATE PLAN POLICY MAP

The geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.

STORMWATER

Water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

STORMWATER MANAGEMENT BASIN

An excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).

STORMWATER MANAGEMENT MEASURE

Any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.

STORMWATER MANAGEMENT PLANNING AGENCY

A public body authorized by legislation to prepare stormwater management plans.

STORMWATER MANAGEMENT PLANNING AREA

The geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.

STORMWATER RUNOFF

Water flow on the surface of the ground or in storm sewers, resulting from precipitation.

TIDAL FLOOD HAZARD AREA

A flood hazard area in which the flood elevation resulting from the two-, ten-, or 100-year storm, as applicable, is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent of the storm surge from a particular storm event, a flood hazard area may be tidal in the 100-year storm, but fluvial in more frequent storm events.

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD

A neighborhood given priority access to state resources through the New Jersey Redevelopment Authority.

URBAN ENTERPRISE ZONES

A zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60 et. seq.

URBAN REDEVELOPMENT AREA

Previously developed portions of areas:

Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;

Designated as CAFRA Centers, Cores or Nodes;

Designated as Urban Enterprise Zones; and

Designated as Urban Coordinating Council Empowerment Neighborhoods.

WATER CONTROL STRUCTURE

A structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, ten-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.

WATERS OF THE STATE

The ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.

WETLANDS or WETLAND

An area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.

Design and performance standards for stormwater management measures.

Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:

The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing rules at N.J.A.C. 2:90.

The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.

The standards in this section apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or Water Quality Management Plan adopted in accordance with Department rules.

Stormwater management requirements for major development.

The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection J.

Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B- 15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).

The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(16), (17) and (18):

The construction of an underground utility line, provided that the disturbed areas are revegetated upon completion;

The construction of an aboveground utility line, provided that the existing conditions are maintained to the maximum extent practicable; and

The construction of a public pedestrian access, such as a sidewalk, boardwalk, or trail with a maximum width of 14 feet, provided that the access is made of permeable material.

A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection D(15), (16), (17) and (18) may be obtained for the enlargement of an existing public roadway or railroad; boardwalk, or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:

The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;

The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of Subsection D(15), (16), (17), and (18) to the maximum extent practicable;

The applicant demonstrates that, in order to meet the requirements of Subsection D(15), (16), (17), and (18), existing structures currently in use, such as homes and buildings, would need to be condemned; and

The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection D(4)(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection D(15), (16), (17), and (18) that were not achievable onsite.

Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater best management practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection D(15), (16), (17), and (18). When designed in accordance with the most current version of the New Jersey Stormwater best management practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater best management practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.

Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this section the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.

Table 1 Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Cistern	0%	Yes	No	—
Dry well^(a)	0%	No	Yes	2
Grass swale	50% or less	No	No	2^(e) 1^(f)
Green roof	0%	Yes	No	—
Manufactured treatment device^{(a) (g)}	50% or 80%	No	No	Dependent upon the device
Pervious paving system^(a)	80%	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Small-scale bioretention basin^(a)	80% or 90%	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Small-scale infiltration basin^(a)	80%	Yes	Yes	2
Small-scale sand filter	80%	Yes	Yes	2
Vegetative filter strip	60% to 80%	No	No	—

Table 2 Green Infrastructure BMPs for Stormwater Runoff Quantity (or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Bioretention system	80% or 90%	Yes	Yes^(b) No^(c)	2^(b) 1^(c)
Infiltration basin	80%	Yes	Yes	2
Sand filter^(b)	80%	Yes	Yes	2
Standard constructed wetland	90%	Yes	No	N/A
Wet pond^(d)	50% to 90%	Yes	No	N/A

Table 3 BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Best Management Practice	Stormwater Runoff Quality TSS Removal Rate	Stormwater Runoff Quantity	Groundwater Recharge	Minimum Separation from Seasonal High Water Table (feet)
Blue roof	0%	Yes	No	N/A
Extended detention basin	40% to 60%	Yes	No	1
Manufactured treatment device^(h)	50% or 80%	No	No	Dependent upon the device
Sand filter^(c)	80%	Yes	No	1
Subsurface gravel wetland	90%	No	No	1
Wet pond	50% to 90%	Yes	No	N/A

Notes to Tables 1, 2, and 3:
(a)	Subject to the applicable contributory drainage area limitation specified at Subsection D(15)(b);
(b)	Designed to infiltrate into the subsoil;
(c)	Designed with underdrains;
(d)	Designed to maintain at least a ten-foot-wide area of native vegetation along at least 50% of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation;
(e)	Designed with a slope of less than 2%;
(f)	Designed with a slope of equal to or greater than 2%;
(g)	Manufactured treatment devices that meet the definition of green infrastructure at Subsection B;
(h)	Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection B.

An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection F(2). Alternative stormwater management measures may be used to satisfy the requirements at Subsection D(15) only if the measures meet the definition of green infrastructure at Subsection B. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection D(15)(b) are subject to the contributory drainage area limitation specified at Subsection D(15)(b) for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection D(15)(b) shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from Subsection D(15).

Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall assess the hydraulic impact on the groundwater table and design the site, so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high-water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.

(9)

Design standards for stormwater management measures are as follows:

Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high-water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);

Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection H(3).

Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall be deemed to meet this requirement;

Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection H; and

The size of the orifice at the intake to the outlet from the stormwater management basin shall be a minimum of 2 1/2 inches in diameter.

(10)

Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection B may be used only under the circumstances described at Subsection D(15)(d).

(11)

Any application for a new agricultural development that meets the definition of major development at Subsection B shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection D(15), (16), (17), and (18) and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.

(12)

If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17), and (18) shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.

(13)

Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the appropriate Ocean County offices. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(15), (16), (17), and (18) and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection J(2)(e). Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.

(14)

A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection D of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the design and performance standards pursuant to Subsection D of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the County Clerk or the registrar of deeds and mortgages and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection M above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection M above.

(15)

Green infrastructure standards.

This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.

To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection D(16) and (17) the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection D(6) and/or an alternative stormwater management measure approved in accordance with Subsection D(7). The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:

Best Management Practice	Maximum Contributory Drainage Area
Dry well	1 acre
Manufactured treatment device	2.5 acres
Pervious pavement systems	Area of additional inflow cannot exceed three times the area occupied by the BMP
Small-scale bioretention systems	2.5 acres
Small-scale infiltration basin	2.5 acres
Small-scale sand filter	2.5 acres

To satisfy the stormwater runoff quantity standards at Subsection D(18), the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Subsection D(7).

If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection D(4) is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection D(7) may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection D(16), (17), and (18).

For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection D(16), (17), and (18), unless the project is granted a waiver from strict compliance in accordance with Subsection D(4).

(16)

Groundwater recharge standards.

This subsection contains the minimum design and performance standards for groundwater recharge as follows.

The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection E, either:

Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual preconstruction groundwater recharge volume for the site; or

Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from preconstruction to post-construction for the two-year storm is infiltrated.

This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection D(16)(d) below.

The following types of stormwater shall not be recharged:

Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with Department approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and

Industrial stormwater exposed to "source material." "Source material" means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.

(17)

Stormwater runoff quality standards.

This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of 1/4 acre or more of regulated motor vehicle surface.

Stormwater management measures shall be designed to reduce the postconstruction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:

Eighty percent TSS removal of the anticipated load, expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.

If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.

The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection D(17)(b) above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.

The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 4, below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.

Table 4 - Water Quality Design Storm Distribution
Time (minutes)	Cumulative Rainfall (inches)	Time (minutes)	Cumulative Rainfall (inches)	Time (minutes)	Cumulative Rainfall (inches)
1	0.00166	41	0.1728	81	1.0906
2	0.00332	42	0.1796	82	1.0972
3	0.00498	43	0.1864	83	1.1038
4	0.00664	44	0.1932	84	1.1104
5	0.00830	45	0.2000	85	1.1170
6	0.00996	46	0.2117	86	1.1236
7	0.01162	47	0.2233	87	1.1302
8	0.01328	48	0.2350	88	1.1368
9	0.01494	49	0.2466	89	1.1434
10	0.01660	50	0.2583	90	1.1500
11	0.01828	51	0.2783	91	1.1550
12	0.01996	52	0.2983	92	1.1600
13	0.02164	53	0.3183	93	1.1650
14	0.02332	54	0.3383	94	1.1700
15	0.02500	55	0.3583	95	1.1750
16	0.03000	56	0.4116	96	1.1800
17	0.03500	57	0.4650	97	1.1850
18	0.04000	58	0.5183	98	1.1900
19	0.04500	59	0.5717	99	1.1950
20	0.05000	60	0.6250	100	1.2000
21	0.05500	61	0.6783	101	1.2050
22	0.06000	62	0.7317	102	1.2100
23	0.06500	63	0.7850	103	1.2150
24	0.07000	64	0.8384	104	1.2200
25	0.07500	65	0.8917	105	1.2250
26	0.08000	66	0.9117	106	1.2267
27	0.08500	67	0.9317	107	1.2284
28	0.09000	68	0.9517	108	1.2300
29	0.09500	69	0.9717	109	1.2317
30	0.10000	70	0.9917	110	1.2334
31	0.10660	71	1.0034	111	1.2351
32	0.11320	72	1.0150	112	1.2367
33	0.11980	73	1.0267	113	1.2384
34	0.12640	74	1.0383	114	1.2400
35	0.13300	75	1.0500	115	1.2417
36	0.13960	76	1.0568	116	1.2434
37	0.14620	77	1.0636	117	1.2450
38	0.15280	78	1.0704	118	1.2467
39	0.15940	79	1.0772	119	1.2483
40	0.16600	80	1.0840	120	1.2500

If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:

R = A + B - (A x B)/100

Where:
R	=	total TSS percent load removal from application of both BMPs
A	=	the TSS percent removal rate applicable to the first BMP
B	=	the TSS percent removal rate applicable to the second BMP

Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection D(16), (17), and (18).

In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.

(h)

The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.

(i)

Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.

(j)

This stormwater runoff quality standards do not apply to the construction of one individual single-family dwelling, provided that it is not part of a larger development or subdivision that has received preliminary or final site plan approval prior to December 3, 2018, and that the motor vehicle surfaces are made of permeable material(s) such as gravel, dirt, and/or shells.

(18)

Stormwater runoff quantity standards.

This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.

In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection E, complete one of the following:

Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two-, ten-, and 100-year storm events do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events;

Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for the two-, ten- and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;

Design stormwater management measures so that the post-construction peak runoff rates for the two-, ten- and 100-year storm events are 50%, 75% and 80%, respectively, of the pre-construction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or

In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection D(18)(b)[1], [2] and [3] above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.

The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.

Calculation of stormwater runoff and groundwater recharge.

Stormwater runoff shall be calculated in accordance with the following:

The design engineer shall calculate runoff using one of the following methods:

The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf, or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or

The rational method for peak flow and the modified rational method for hydrograph computations. The rational and modified rational methods are described in "Appendix A-9 Modified Rational Method" in the Standards for Soil Erosion and Sediment Control in New Jersey, January 2014. This document is available from the State Soil Conservation Committee or any of the Soil Conservation Districts listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number for each Soil Conservation District is available from the State Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625. The document is also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.

For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at Subsection E(1)(a)[1] and the rational and modified rational methods at Subsection E(1)(a)[2]. A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

In computing preconstruction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce preconstruction stormwater runoff rates and volumes.

In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 - Urban Hydrology for Small Watersheds or other methods may be employed.

If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.

Groundwater recharge may be calculated in accordance with the following: The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater best management practices Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf, or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.

Sources for technical guidance.

Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.

Guidelines for stormwater management measures are contained in the New Jersey Stormwater best management practices Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3.

Additional maintenance guidance is available on the Department's website at: https://www.njstormwater.org/maintenance_guidance.htm.

Submissions required for review by the Department should be mailed to: The Division of Water Quality, New Jersey Department of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.

Solids and floatable materials control standards.

Site design features identified under Subsection D(6) above, or alternative designs in accordance with Subsection D(7) above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection G(1)(b) below.

Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:

The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or

A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inch across the smallest dimension.

[a]

Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.

For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.

The standard in Subsection G(1)(a) above does not apply:

Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than nine square inches;

Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;

Where flows from the water quality design storm as specified in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:

[a]

A rectangular space 4.625 inches long and 1.5 inches wide (this option does not apply for outfall netting facilities); or

[b]

A bar screen having a bar spacing of 0.5 inch.

Note that these exemptions do not authorize any infringement of requirements in the residential site improvement standards for bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1].

Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars, to the elevation of the water quality design storm as specified in N.J.A.C. 7:8; or

[5]

Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.

Safety standards for stormwater management basins.

This subsection sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This subsection applies to any new stormwater management basin.

The provisions of this subsection are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management basins. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management basins to be retrofitted to meet one or more of the safety standards in Subsection H(3)(a), (b) and (c) for trash racks, overflow grates, and escape provisions at outlet structures.

Requirements for trash racks, overflow grates and escape provisions.

A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the stormwater management basin to ensure proper functioning of the basin outlets in accordance with the following:

The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;

The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;

The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack; and

The trash rack shall be constructed of rigid, durable, and corrosion resistant material and designed to withstand a perpendicular live loading of 300 pounds per square foot.

An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:

The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.

The overflow grate spacing shall be no less than two inches across the smallest dimension.

The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.

Stormwater management basins shall include escape provisions as follows:

If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection H(3), a freestanding outlet structure may be exempted from this requirement;

Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See Subsection H(5) for an illustration of safety ledges in a stormwater management basin; and

In new stormwater management basins, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.

Variance or exemption from safety standard. A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.

Safety ledge illustration.

Requirements for a site development stormwater plan.

Submission of site development stormwater plan.

Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the checklist for the site development stormwater plan at Subsection I(3) below as part of the submission of the application for approval.

The applicant shall demonstrate that the project meets the standards set forth in this section.

The applicant shall submit 15 copies of the materials listed in the checklist for site development stormwater plans in accordance with Subsection I(3) of this section.

Site development stormwater plan approval. The applicant's site development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.

Submission of site development stormwater plan. The following information shall be required:

Topographic base map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of one inch equals 200 feet or greater, showing two-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown.

Environmental site analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.

Project description and site plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.

Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections C through E are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.

Stormwater management facilities map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:

Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.

Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.

Calculations.

Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection D of this section.

When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high-water table, then a soils report shall be submitted. The soils report shall be based on onsite boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.

Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection J.

(h)

Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection I(3)(a) through (f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.

Maintenance and repair.

Applicability. Projects subject to review as in Subsection A(3) of this section shall comply with the requirements of Subsection J(2) and (3).

General maintenance.

The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.

The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.

If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.

Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.

If the party responsible for maintenance identified under Subsection J(2)(c) above is not a public agency, the maintenance plan and any future revisions based on Subsection J(2)(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.) of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.

The party responsible for maintenance identified under Subsection J(2)(c) above shall perform all of the following requirements:

Maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders;

Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and

Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection J(2)(f) and (g) above.

(h)

The requirements of Subsection J(2)(c) and (d) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.

(i)

In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have 14 days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or county may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.

Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.

Penalties. Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the penalties as per Chapter 1, Article II, General Penalty, of the Borough Code of Seaside Park.

Severability. Each section, subsection, sentence, clause and phrase of this section is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.

When effective. This section shall be in full force and effect from and after its adoption and any publication as required by law.

§ 200-57 Streets.

All developments shall be served by paved streets. All utilities, drains, and other facilities located under the road paving shall be installed prior to the placing of any road surfacing material where new or reconstructed roads are part of the development. Streets not shown on the Master Plan or Official Map shall provide for the appropriate extension of existing streets.

Development bounded by any arterial or collector street shall minimize access to said streets by either having driveways intersect minor streets, or consolidating driveways with abutting properties. Where circumstance(s) may dictate that a driveway enter an arterial or collector street, the lot shall provide on-site turnaround facilities and abutting lots may be required to share one curb cut.

Street rights-of-way shall be measured from lot line to lot line. The continuation of an existing street shall have the same right-of-way and paving width as the existing street, but in no case less than 50 feet of right-of-way with 30 feet of paving between curbs.

No street shall have a grade less than 0.5%.

Intersecting street center lines shall not be less than 75°. Approaches to all intersections shall follow a straight line for at least 100 feet measured along the curb. No more than two street center lines shall meet or intersect at any one point. Intersections shall be rounded at the curbline with a curbline radius based on the street with the largest radius:

Arterial: 40 feet.

Collector: 30 feet.

Local streets: 20 feet.

Sight triangles shall be provided as required in § 200-53.

Dead-end (cul-de-sac) streets shall be prohibited. All streets shall have two points of ingress/egress.

No street shall have a name which duplicates or nearly duplicates in spelling or phonetic sound the name of existing streets so as to be confused therewith. The continuation of an existing street shall have the same name. The names of new streets shall be approved by the approving authority.

Streets shall be constructed in accordance with the following standards and specifications. Roadways, including subgrade, subbase, base courses and pavements shall be constructed in accordance with NJDOT standard specifications, as modified herein. All subsurface utilities, including service connections to each lot (terminating at least two feet behind any sidewalk), and all storm drains shall be installed prior to the construction of final pavement surfaces.

The pavement shall be the responsibility of the developer and shall be based upon traffic loading projections and field sampling and laboratory analysis of the subgrade soils along the proposed streets. The design shall follow current recommendations of the Asphalt Institute, the Portland Cement Concrete Association or such other generally recognized standards as may be acceptable to the Municipal Engineer. Pavement shall be of one type throughout the development and be either bituminous concrete flexible pavement or portland cement concrete rigid pavement.

Rigid portland cement paving shall be expansion joint type paving utilizing Type A expansion joints (any alternate type joints shall be approved by the Municipal Engineer), shall be reinforced, constructed with Class B air-entrained concrete and shall have a minimum thickness of 6.5 inches for local and collector streets and eight inches for arterial streets.

Flexible bituminous concrete pavements shall have an equivalent structural depth of at least 10 inches for local and collector streets with a minimum wearing surface of not less than 1.5 inches of compacted pavement, Type FABC-1; a minimum compacted bituminous stabilized base course of not less than 2.5 inches; and a dense graded aggregate base course to provide the remaining depth. Arterial streets shall have an equivalent structural depth of at least 13 inches with a minimum wearing surface of not less than two inches of compacted pavement, Type FABC-1; a minimum compacted bituminous stabilized base course of not less than three inches; and a dense graded aggregate base to provide the remaining depth. Bituminous stabilized base may be substituted for aggregate base on a ratio of one part stabilized base to three parts aggregate base.

Where subbase conditions are of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be suitably excavated and filled with a suitable subbase material as determined by the Municipal Engineer. Where required by the Engineer, a system of Type F underdrains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the surfacing material shall be applied.

Subbase and/or aggregate base courses.

Bituminous concrete pavements (and stabilized bases) may be constructed on subgrade without subbase or aggregate base courses, provided the subgrade can be satisfactorily prepared as described above. If used, graded aggregate base courses shall be at least four inches thick and be soil aggregate, Type 5, Class A; or Type 2, Class A or B.

Portland cement concrete pavements must be constructed with a minimum of six inches of a granular type subbase Type 4, Class E. Any subbase course of aggregate base course shall have a minimum thickness of four inches.

Bituminous base courses.

Bituminous base courses for use with bituminous concrete pavements shall consist of plant-mixed bituminous stabilized base course (stone mix or gravel mix) except that NJDOT requirements for the construction of the base course shall be amended to allow the laying of the base course with a single-lift maximum thickness not exceeding four inches.

Prior to placement of any bituminous stabilized base course, the finished surface of any underlying subbase or aggregate base shall receive a prime coat.

Bituminous pavements. Bituminous pavements shall consist of a bituminous concrete surface course Type FABC-1. The bituminous pavement wearing surface should generally not be installed until just prior to the time the streets are prepared for final acceptance. Prior to the installation of a bituminous concrete surface, the bituminous base course shall be inspected by the Municipal Engineer. Any areas of the base course in need of repair shall be removed and replaced at the direction of the Municipal Engineer. If the Municipal Engineer directs, a leveling course of FABC material shall be placed on any uneven or below grade base courses prior to the placement of finished pavement. Pavement surfaces shall be placed only with permission of the Municipal Engineer.