Editor's Note: Chapter XXV, Land Development is a complete
compilation and codification of the Land Development Ordinances adopted
by the Township Council of the Township of Aberdeen. Chapter XXV contains
the 1981 Land Development Ordinance as amended by ordinances adopted
through January 1, 2007. Amendments to the 1981 Land Development Ordinance
are noted in the source history following the section or subsection
that was amended.
Attachment 1 - Area and Yard Requirements
Attachment 2 - Zoning Permit ApplicationAttachment 3 - Appendix A, Disclosure Statement for Affordable UnitsAttachment 4 - Appendix B, Option to Buy or SellAttachment 5 - Addendum Table I and First Priority Locations MapAttachment 6 - ChecklistsAttachment 7 - Appendix to Chapter XXV Land Development
Attachment 2 - Zoning Permit ApplicationAttachment 3 - Appendix A, Disclosure Statement for Affordable UnitsAttachment 4 - Appendix B, Option to Buy or SellAttachment 5 - Addendum Table I and First Priority Locations MapAttachment 6 - ChecklistsAttachment 7 - Appendix to Chapter XXV Land DevelopmentA comprehensive ordinance regulating and limiting the uses of
land and the uses and locations of buildings and structures; regulating
and restricting the height and bulk of buildings and structures and
determining the area of yards, courts and other open spaces; regulating
and restricting the density of population; dividing the Township of
Aberdeen into districts for such purposes; adopting a map of said
Township showing boundaries and the classification of such districts;
establishing a Planning Board and Zoning Board of Adjustment; and
prescribing penalties for the violation of its provisions.
The short form by which this chapter may be known shall be the
"Land Development Chapter of the Township of Aberdeen."
This chapter is adopted pursuant to N.J.S.A. 40:55D-1 et seq.,
in order to promote and protect the public health, safety, morals
and general welfare, and in furtherance of the following related and
more specific objectives:
To secure safety from fire, flood, panic and other natural and
man-made disasters;
To provide adequate light, air and open space;
To ensure that the development of the Township of Aberdeen does
not conflict with the development and general welfare of neighboring
municipalities, the County and the State as a whole;
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, and preservation of the environment;
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies;
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational, commercial and industrial
uses and open space, both public and private, according to their respective
environmental requirements;
To encourage the location and design of transportation routes
which will promote the free flow of traffic while discouraging location
of such facilities and routes which result in congestion or blight;
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements;
To promote the conservation of open space and valuable natural
resources and to prevent urban sprawl and degradation of the environment
through improper use of land;
To encourage senior citizen community housing construction;
To encourage coordination of the various public and private
procedures and activities shaping land development with a view of
lessening the cost of such development and to the more efficient use
of land; and
To promote the conservation of energy through the use of planning
practices designed to reduce energy consumption and to provide for
maximum utilization of renewable energy sources.
The provisions of this chapter shall be held to be minimum requirements.
Where this chapter imposes a greater restriction than is imposed or
required by other provisions of law or by other rules or regulations
or resolutions, the provisions of this chapter shall control. Where
other laws, rules, regulations or resolutions require greater restrictions
than are imposed or required by this chapter, the provisions of such
other laws, rules, regulations or resolutions shall control.
All uses not expressly permitted in this chapter are prohibited.
All requirements shall be met at the time of the erection, enlargement,
alteration, moving or change in use of the principal use. The provisions
of this chapter shall apply to the entire structure or structures
whether or not the entire structure or structures were involved in
the erection, enlargement, alteration, moving or change in use.
[Ord. No. 20-1982; Ord. No. 6-1984; Ord. No.
8-1985; Ord. No. 11-1985; Ord. No. 20-1987; Ord. No. 6-1988; Ord. No.
1-1991; Ord. No. 18-1996; Ord. No. 5-2007 §§ 1,2]
For the purpose of this chapter, certain phrases and words are
herein defined as follows: words used in the present tense include
the future; words used in the singular number include the plural number
and vice versa; the word "used" shall include arranged, designed,
constructed, altered, converted, rented, leased or intended to be
used; the word "lot" includes the word "plot" and "premises"; the
word "building" includes the word "structure", "dwelling" or "residence";
the word "shall" is mandatory and not discretionary. Any word or term
not defined herein shall be used with a meaning as defined in Webster's
Third New International Dictionary of the English Language, unabridged
(or latest edition). Moreover, whenever a term is used in this Ordinance
which is defined in N.J.S.A. 40:55D-1, et seq., such term is intended
to have the meaning as defined in N.J.S.A. 40:55D-1, et seq., unless
specifically defined to the contrary in this Ordinance.
shall mean a building, structure or use which is customarily
associated with and is subordinate and incidental to the principal
building, structure or use and which is located on the same lot therewith.
An accessory building attached to the principal building shall comply
in all respects with the requirements applicable to the principal
building.
shall mean the Construction Code Enforcement Official of
the Township of Aberdeen, Monmouth County, New Jersey.
shall mean all shelter costs including utilities shall not
exceed thirty (30%) of gross income.
shall mean mortgage payments, property taxes, insurance and
homeowners' association fees shall not exceed twenty-eight (28%) percent
of gross income.
shall mean any change in or additions to the supporting members
of a building such as walls, columns, beams, girders, posts or piers.
shall mean a building or portion thereof used to house small
rides for children and young adolescents, electronic video games,
pinball and/or virtual reality games, indoor miniature golf and/or
amusement games of skill and chance.
shall mean the application form and all accompanying documents
required by this Ordinance for approval of a subdivision plat, site
plan, planned development, conditional use, zoning variance or direction
of the issuance of a permit pursuant to N.J.S.A. 40:55D-34 or N.J.S.A.
40:55D-36.
shall mean that portion of a building partly below and partly
above grade, where the ceiling averages four (4) feet or more than
four (4) feet above the finished grade where such grade meets the
outside walls of the building.
shall mean a room planned or used primarily for sleeping
accessible to a bathroom without crossing another bedroom or living
room.
shall mean any structure or portion thereof on which lettered
or pictorial matter is displayed for advertising purposes other than
on a building or its grounds, giving the name and occupation of the
user of the premises, the nature of the business conducted therein
or the products primarily sold or manufactured therein.
shall mean the land and buildings designed and used for the
structural and/or cosmetic repair of passenger, farm or commercial
vehicles. Body shops, as independent uses, are prohibited in all districts
of the Township.
shall mean any structure or portion thereof having a roof
supported by such things as columns, posts, piers or walls and intended
for the shelter, business, housing or enclosing of persons, animals
or property.
shall mean the square footage or other area measurement by
which all buildings occupy a lot as measured on a horizontal plane
around the periphery of the foundations and including the area under
the roof of any structure supported by columns but not having walls
(such as porches, etc.), as measured around the outside of the outermost
extremities of the roof above the columns.
shall mean the vertical distance measured to the highest
point from the average elevation of the finished grades at the foundation
along all sides of the building, provided that if the finished grade
is higher than the pre-development grade at any point beneath the
building, then the building height shall be measured from an elevation
no higher than one (1) foot above the highest point of the pre-development
grade beneath the building. In all cases where this chapter provides
for height limitations by reference to a specified height and a specified
number of stories, the intent is to limit height to the specified
maximum footage and the specified number of stories within said footage.
shall mean:
A self-propelled, vehicular structure built as one (1) unit
on a chassis and designed for temporary living for travel, recreation,
vacation or other short-term uses and which contain cooking, sleeping
and sanitary facilities.
An immobile structure containing cooking and sleeping facilities
and used for travel, recreation, vacation or other short-term use
and designed to be attached to the body of another vehicle for transporting
from one (1) location to another.
shall mean that portion of a building partly or wholly below
grade, where the ceiling averages less than four feet above the finished
grade where such grade meets the outside walls of the building.
shall mean a natural or man-made depression or perceptible
extent with a definite bed and banks to confine and conduct flowing
water either continuously or periodically.
shall mean for the purposes of this chapter, any house of
worship associated with a religious organization including but not
limited to a meeting house, synagogue, mosque or temple.
shall mean a development technique based on a gross dwelling
unit density for the entire tract in the zoning district in which
it is located and allowing the lot size for detached dwellings to
be reduced or individual segments to have higher densities so long
as the gross density is not exceeded.
shall mean an open space area within or related to a site
designated as a development and designed and intended for the use
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
shall mean a parcel or parcels of land or an area of water
or a combination of land and water, together with the improvements
thereon, and designed and intended for the ownership, use and enjoyment
shared by the residents and owners of a development. Common property
may contain such complementary structures and improvements as are
necessary and appropriate for the benefit of the residents and owners
of the development.
shall mean a use permitted in a particular zoning district
only upon a showing that such use in a specified location will comply
with the conditions and standards for the location or operation of
such use as contained in this chapter, and upon the issuance of an
authorization therefor by the Planning Board.
shall mean an apartment or townhouse building(s) where each
dwelling unit is individually owned by respective housekeeping units
while common property is collectively owned and maintained by all
residents of the building(s).
shall mean: 1) any land having a topographic slope of fifteen
(15%) percent grade or greater; and/or 2) any land which lies within
a one hundred (100) year flood plan; and/or and wetlands.
shall mean the permitted number of dwelling units per gross
area of lot to be developed.
shall mean the flood having a one (1%) percent chance of
being equaled or exceeded in any given year.
shall mean the division of a parcel of land into two (2)
or more parcels, the construction, reconstruction, conversion, structural
alteration, relocation or enlargement of any building or other structure,
or any mining, excavation or landfill, and any use or change in use
of any building or other structure or land or extension of use of
land, for which permission may be required.
shall mean a structure or portion thereof which is used exclusively
for human habitation.
shall mean a dwelling containing more than two (2) dwelling
units that may be located on top of each other.
shall mean a dwelling which is designed for and occupied
by not more than one (1) family and surrounded by open space or yards
and which is not attached to any other dwelling by any means.
shall mean a one (1) family dwelling in a row of at least
three (3) such units in which each unit has its own front and rear
access to the outside, no unit is located over another unit, and each
unit is separated from any other unit by a fire resistant wall.
shall mean a room or series of connected rooms designed for
permanent residency containing living, cooking, sleeping and sanitary
facilities for one (1) housekeeping unit. The dwelling unit shall
be self-contained and shall not require passing through another dwelling
unit or other indirect route(s) to get to any other portion of the
dwelling unit, nor shall there be shared facilities with another housekeeping
unit.
shall mean a lot of at least five (5) acres, excluding residential
structures and grounds, gainfully used for the growing and harvesting
of crops and/or the raising, breeding and training of livestock, including
truck and fruit farms, nurseries and greenhouses, dairies and livestock
produce, except that poultry farms and commercial piggeries are prohibited
absolutely in all zone districts within the Township, and containing
buildings normally incidental to farming such as: barns, packing,
grading and storage buildings for produce raised on the premises,
except that commercial processing of produce (such as cooking, freezing
or canning) shall not be permitted; buildings for keeping of permitted
livestock; and garages for the keeping of equipment and trucks used
in farm operations.
shall mean the area of the first floor as calculated measuring
the outside dimensions of the building containing only the residential
portion of a dwelling unit and excluding the areas of basements, garages,
carports and breezeways. For a split-level, bi-level or tri-level
dwelling, the area shall be considered to be the sum of the areas
of two (2) adjoining levels, excluding basements and garages, provided
both levels are connected by permanent, built-in stairs in the interior
of the building.
shall mean the area between the floodway and the limits of
the flood plain as delineated by the Federal Emergency Management
Agency.
shall mean the floodway and the portions of the flood fringe
which comprise the flood plain.
shall mean the area of the flood hazard around brooks, creeks,
rivers, streams, and tidal areas which have been delineated by the
Federal Emergency Management Agency.
shall mean the channel and portions of the flood hazard area
adjoining the channel which are reasonably required to carry and discharge
the flood water for based flood.
shall mean the ratio of the gross floor area to the area
of the lot or tract.
shall mean an area of fifty (50) or more contiguous acres
and containing a full-size professional golf course at least nine
(9) holes in length, each hole not less than three (3) par, together
with the necessary accessory uses and structures, such as club houses
and dining and refreshment facilities, provided the operation of such
is incidental and subordinate to the operation of the golf course.
shall mean the slope of a road, path, driveway, swale or
other surface or the average finished ground elevation adjoining a
building at project completion.
shall mean the planned projection of all roofed areas on
a lot multiplied by the number of full stories under each roof section,
provided that the area under any roof overhang of four (4) feet or
less and/or any under roof parking area shall not be included in the
G.F.A. calculation. Basements which satisfy applicable construction
definitions of habitable space are included in the G.F.A. for residential
uses.
shall mean the total area included within the property lines
of the lot(s) or parcel(s).
shall mean an office maintained in a residential district and incidental to and part of the residential detached dwelling on the lot. Such office shall be conducted solely by resident occupants of the detached dwelling, except that no more than one (1) person not a resident of the building may be employed on the premises at the same time, and provided also that no more than four hundred (400) square feet or the equivalent of the first floor area of the building, whichever is smaller, shall be used for such purpose; that the gross floor area for the residence shall remain at least as large as that required in Section 25-4 for a detached dwelling; that the residential character of the lot and building shall not be changed; that no occupational sounds shall be audible outside the building; that no equipment shall be used which will cause interference with radio and television reception in neighboring residences; that the professional office does not reduce the parking and yard requirements of the detached dwelling; and that there is no exterior evidence of the professional office other than one (1) unlighted or white lighted-from-within nameplate sign identifying the home office. The sign shall not exceed two (2) square feet in area and shall be attached flat against the building or free-standing (if free-standing, no higher than six (6) feet and set back from all lot lines ten (10) feet). For purposes of this Ordinance, professional home offices shall be limited to those of a doctor, chiropractor, podiatrist, osteopath, psychologist, dentist, optometrist, optician, engineer, architect, planner, lawyer or accountant. Home professional offices shall be located on arterial or collector roads.
shall mean one (1) or more persons living together in one
(1) dwelling unit on a non-seasonal basis and sharing living, sleeping,
cooking and sanitary facilities on a non-profit basis.
shall mean in the case of a civil proceeding in any court
or in an administrative proceeding before a municipal agency, any
person, whether residing within or without the municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under this law or whose rights to use, acquire or enjoy
property under this law or any other law of this state or of the United
States have been denied, violated or infringed by an action or a failure
to act under N.J.S.A. 40:55D-1 et seq.
shall mean domestic animals and fowl including horses, cows,
ponies, and other farm animals but not including dogs, cats or other
animals customarily confined to the residential dwelling. The raising
and keeping of livestock on other than a farm as defined herein is
prohibited in all districts.
shall mean an off-street space or berth on the same lot with
a building or group of buildings for the temporary parking of a commercial
vehicle while loading or unloading and with fifteen (15) feet of vertical
clearance.
shall mean any parcel of land legally separated from other
parcels or portions as by a subdivision plat or deed of record, survey
map, or by metes and bounds. No portion of a street shall be included
in calculating the lot boundaries or areas.
shall mean the area contained within the lot lines of a lot
but not including any portion of a street right-of-way.
shall mean a lot on the junction of and abutting two (2)
or more intersecting streets, where the interior angle of intersection
does not exceed one hundred thirty-five (135) degrees. All corner
lots are considered to have two (2) front yards, one (1) side yard
and one (1) rear yard. Either street frontage which meets the minimum
frontage requirements for that zone may be considered the lot frontage.
shall mean the square footage or other area measurement by
which all buildings and impervious surfaces cover a lot as measured
in a horizontal plane to the limits of the impervious area(s). All
surfaced parking areas and all required parking areas which are permitted
to remain unsurfaced shall be included in the computation of lot coverage.
shall mean the shortest distance measured on a horizontal
plane between the front lot line and a line drawn parallel to the
front lot line through the midpoint of the rear lot line.
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shall mean the horizontal distance between the side lot lines
measured along the street line. The minimum lot frontage shall be
the same as the lot width, except that on curved alignments with an
outside radius of less than five between the side lot lines measured
at the street line shall not be less than seventy-five (75%) percent
of the required minimum lot width unless a lesser frontage is specified
in this chapter.
shall mean a lot other than a corner lot.
shall mean any line forming a portion of the exterior boundary
of a lot and the same line as the street line for that portion of
a lot abutting a street.
shall mean the straight and horizontal distance between side
lot lines at setback points on each side lot line measured an equal
distance from the street line. The minimum lot width shall be measured
at the minimum required building setback line. When the side lot lines
are not parallel, the minimum lot width at the setback line shall
not be less than seventy-five (75%) percent of the minimum lot frontage
for the zoning district in which the lot is located unless a lesser
width is specified in this Ordinance.
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shall mean any security acceptable to the governing body
to assure the maintenance of duly approved improvements installed
by the developer after the final acceptance of the improvement and
in accordance with this Ordinance.
shall mean any subdivision of land not classified as a minor
subdivision.
shall mean a composite of the mapped and written proposals
recommending the physical development of the municipality which shall
have been duly adopted by the Planning Board.
shall mean the average of the ground level measurements computed
at the four (4) extreme corner points of any existing or proposed
building.
shall mean any subdivision of land for the creation of not more than three (3) lots (two (2) new lots and the remaining parcel), each fronting on an existing street or streets, and not involving 1) a planned development, 2) any new street, 3) the extension of any off-tract improvement, the cost of which is to be prorated to subsection 25-9.3 of this chapter, or 4) not being a further division of an original tract of land for which previous subdivision(s) have been approved by the Township within the past two (2) years from the date of the current application for subdivision and where the combination of the proposed and previously approved minor subdivision(s) constitute a major subdivision. The original tract of land shall be considered any tract in existence at the time of adoption of this amendment as shown on the Township tax maps. Any readjustment of lot lines resulting in no new lots shall be classified as a minor subdivision for purposes of the application submission and review requirements specified in subsection 25-8.3 of the Land Development Chapter.
shall the Planning Board, Board of Adjustment or governing
body, or any agency created by or responsible to one (1) or more municipalities,
when acting pursuant to N.J.S.A. 40:55D-1, et seq.
shall mean the finished and heated area fully enclosed by
the inside surfaces of walls, windows, doors and partitions and having
a headroom of at least six and one-half (6 1/2) feet including
working, living, eating, cooking, sleeping, stair, hall, service and
storage areas, but excluding garages, carports, parking spaces, cellars,
half-stories and unfinished attics and basements.
shall mean a building or structure which, in its location
upon a lot or in its size, does not conform to the regulations of
this Ordinance for the zone in which it is located.
shall mean a lot of record which does not have the minimum
width, frontage or depth or contain the minimum area for the zone
in which it is located.
shall mean a use occupying a building, structure or lot which
does not conform with the use regulations for the zone in which it
is located.
shall mean located outside the lot lines of the lot in question
but within the property (of which the lot is a part) which is the
subject of a development application or contiguous portion of a street
or right-of-way.
shall mean not located on the property which is the subject
of a development application or on a contiguous portion of a street
or right-of-way.
shall mean located on the lot in question, even if the lot
contains more than one principal use or structure.
shall mean located on the property which is the subject of
a development application or on a contiguous portion of a street or
right-of-way.
shall mean any parcel or land area or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment, or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space; provided that such
areas may be improved with only those buildings, structures, streets,
off-street parking and other improvements that are designed to be
incidental to the natural openness of the land, and provided further
that no portion of the required open space shall include any street
right-of-way.
shall mean an incorporated, non-profit association operating
in a Cluster Single Family Residential Development, fee simple townhouse
development or other development containing common elements, under
recorded land agreement through which a) each owner is automatically
a member; b) each occupied dwelling unit is automatically subject
to a charge for a proportionate share of the expenses for the association
activities and maintenance, including any maintenance costs levied
against the association by the Township; and c) each owner and tenant
has the right to use the common property.
shall mean an area not less than nine (9) feet wide by twenty
(20) feet in length, either within a structure or in the open, for
the parking of motor vehicles, exclusive of driveways, access drives,
fire lanes and public rights-of-way, except that the length of a parking
space may be reduced to eighteen (18) feet in length, subject to approval
by the Board in those instances where a two (2) foot overhang area
exists beyond a curb or where such overhang does not interfere with
any proposed and/or required landscaping. Moreover, nothing shall
prohibit private driveways for single-family detached dwelling units
from being considered off-street parking areas, provided that no portion
of such driveway is situated within the right-of-way line of the street
intersected by such driveway. The width and length of each space shall
be measured perpendicular to each other regardless of the angle of
the parking space to the access aisle or driveway.
shall mean any security in accordance with the requirements
of this chapter which may be accepted in lieu of a requirement that
certain improvements be made including performance bonds, escrow agreements
and other similar collateral or surety agreements.
shall mean any use of land or buildings as permitted by this
chapter.
shall mean the map of a subdivision or site plan and is used
interchangeably in this chapter with "Plan" and "Site Plan".
SKETCH PLATshall mean the sketch map of a subdivision or site plan submitted at the request of the applicant for the purpose of informal discussion.
PRELIMINARY PLATshall mean the preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Planning Board or Zoning Board of Adjustment for consideration and preliminary approval and which meets all of the requirements of Section 25-8 of this chapter.
FINAL PLATshall mean the final map of all or a portion of the subdivision or site plan which is presented to the Planning Board or Zoning Board of Adjustment for final approval in accordance with this chapter and which meets all of the requirements of Section 25-8 of this chapter.
shall mean the building containing the principal use.
shall mean the main purpose for which a lot or building is
used.
shall mean the use of land or buildings by the governing
body of the Township or any officially created authority or agency
thereof.
shall mean any utility which is privately owned and duly
regulated by the Public Utilities Commission or owned by a public
agency.
shall mean the growing and harvesting of plant life for the
enjoyment of the residents on the property and not primarily for commercial
purposes. Seasonal fruit and vegetable stands are permitted under
this definition provided such stands meet all applicable accessory
building setback (side and rear) and coverage requirements and are
set back from the front street line at least twenty (20) feet. Seasonal
stands may not exceed ten (10) feet in height.
shall mean any establishment, however designated, at which
food is sold for consumption on the premises. However, a snack bar
or refreshment stand at a public or community swimming pool, playground,
golf course, playfield or park, operated solely by the agency or group
operating the recreational facility and for the convenience of patrons
of the facility, shall not be deemed to be a restaurant.
shall mean any restaurant, refreshment stand, snack bar,
dairy bar, hamburger stand or hot dog stand where food is served primarily
for consumption at counters, stools or bars outside the building or
primarily for consumption in automobiles parked on the premises, whether
brought to said automobiles by the customer or by employees of the
restaurant, regardless of whether or not additional seats or other
accommodations are provided for customers inside the building. All
such drive-in restaurants and refreshment stands are specifically
prohibited in all districts.
shall mean the further division of a lot or the adjustment
of a lot line or lines.
shall mean the submission of a plat for which minor subdivision,
preliminary subdivision or final subdivision approval was previously
granted but for which the original approval has expired due to failure
to record or, in the case of a preliminary approval, failure to apply
for final approval or for sufficient extensions of the preliminary
approval. The resubmission of an approved plat in no way binds the
Board to approve the plat as submitted.
shall mean lands and buildings providing for the sale of
fuel, lubricants and automotive accessories and maintenance and minor
repairs for motor vehicles, excluding body repairs or painting or
the storage of permanently inoperable or wrecked vehicles.
shall mean a line drawn parallel with a street line or lot
line and drawn through the point of a building nearest to the street
line or lot line. The term "required setback" means a line that is
established a minimum horizontal distance from the street line or
the lot line and beyond which a building or part of a building is
not permitted to extend toward the street line or lot line.
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shall mean a group of commercial establishments built on
one (1) tract that is planned, developed, owned and managed as an
operating unit. It provides on-site parking in definite relationship
to the type and total size of the stores. The commercial establishments
may be located in one (1) or several buildings, attached or separated.
shall mean a triangular shaped area established in accordance
with the requirements of this chapter in which no grading, planting
or structure shall be erected or maintained, except for street signs,
fire hydrants and light standards.
shall mean any structure or portion thereof on which any
announcement, declaration, demonstration, display, illustration or
insignia is used to advertise or promote the interest of any person
or produce when the same is placed in view of the general public.
shall mean a plan for the specific development of a lot or
lots on which is shown (1) the existing and proposed conditions of
the lot including, but not necessarily limited to topography, vegetation,
drainage, flood plains, marshes and waterways, (2) the location of
all existing and proposed buildings, drives, parking spaces, means
of ingress and egress, drainage facilities, utility services, landscaping,
structures and signs, lighting, screening devices, and (3) any other
information which may be reasonable and necessary to make an informed
determination on the application.
shall mean single family and two (2) family dwellings unless
such dwellings include a home occupation. Building alterations which
do not include a change in use, additional parking at additional building
area shall be exempt. Storage yards for inoperable vehicles, which
are owned or leased by the holder of the Aberdeen Township towing
contract, shall be exempt.
shall mean all site plans for new developments and those
site plans not defined as minor or exempt.
shall mean a development plan of one (1) or more lots which
(1) proposes building alterations of an existing use, and/or less
than five (5) additional parking spaces, and/or less than five hundred
(500) additional square feet of floor area, and/or a total of not
more than ten percent (10%) additional lot coverage; (2) does not
involve any planned development, any new street or extension of any
off-tract improvement which is prorated between the Township and the
developer; and (3) contains the information reasonably required to
make a determination as to whether the requirements established for
approval of a minor site plan had been met.
Whenever the term "site plan approval" is used in this chapter,
it shall be understood to mean a requirement that the site plan be
reviewed and approved by the Board.
shall mean that portion of a building included between the
upper surface of any floor and the upper surface of the next floor
above it or, if there is no floor above it, then the surface between
the floor and the ceiling next above it. For the purposes of this
chapter:
The interior of the roof shall not be considered a ceiling;
rather, the underside of the highest horizontal surface separating
the area above from the remainder of the structure below shall be
considered the ceiling;
A half-story is the area under a pitched roof at the top of
a building, the floor of which is at least four (4) feet, but no more
than six (6) feet below the plate; and such half-story shall not be
used for nonresidential uses;
The area under a pitched roof at the top of a building shall
be considered a full-story for the purpose of this chapter when the
floor area of said area occupies fifty (50%) percent or more of the
total floor area of the story directly beneath it with a head room
of six (6) feet or more and has access via walk-up stairs from the
floor below; and
Cellars and basements shall not be considered stories when considering
the height of a building except, however, that:
A finished basement and/or cellar in nonresidential buildings
shall be considered a story for the purposes of calculating the number
of stories, floor area and parking requirements of this chapter unless
used solely for ancillary storage and/or the housing of mechanical
equipment; and/or
A basement, whether finished or not, shall be considered a "story"
when the distance from grade to the finished surface of the floor
above the basement is more than six (6) feet for more than fifty (50%)
percent of the total perimeter of the building.
shall mean any street, avenue, boulevard, road, lane, parkway,
viaduct, alley or other way which is an existing state, county or
municipal roadway, or a street or way shown upon a plat heretofore
approved pursuant to law or approved by official action pursuant to
the Municipal Land Use Law R.S. 40:55D-1 et seq. or any prior act
authorizing approval or a street or way on a plat duly filed and recorded
in the office of the County Recording Officer prior to the appointment
of a Planning Board and the grant to such Board of the power to review
plats, and includes the land between the street lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, sidewalks,
parking areas and other areas within the street lines.
shall mean the edge of the existing or future street right-of-way,
whichever would result in the widest right-of-way, as shown on the
adopted Master Plan or Official Map, forming the dividing line between
the street and a lot.
shall mean anything constructed, assembled or erected which
requires location on the ground or attachment to something having
such location on the ground. The term structure shall be taken to
include building, fence, tank, tower, sign, advertising device, swimming
pool or tennis court.
shall mean the division of a lot, tract or parcel of land
into two (2) or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this chapter if no new streets are created:
1) divisions of land found by the Planning Board or Subdivision Committee
thereof, appointed by the Chairman, to be of agricultural purposes
where all resulting parcels are five (5) acres or larger in size;
2) divisions of property by testamentary or intestate provisions;
3) divisions of property upon court order including but not limited
to judgments or foreclosure; 4) consolidation of existing lots by
deed or other filed plat; and 5) the conveyance of one (1) or more
adjoining lots, tracts or parcels of land, owned by the same person
or persons and all of which are found and certified by the Administrative
Officer to conform to the requirements of this chapter and are shown
and designated as separate lots, tracts or parcels on the Tax Map
of the Township of Aberdeen. The term "subdivision" shall also include
the term "resubdivision."
shall mean a retail establishment selling groceries and related
household goods and having at least three thousand five hundred (3,500)
square feet of gross floor area.
shall mean those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed eighteen (18) inches in depth; do not exceed a water surface area of one hundred (100) square feet; and do not require braces or supports. Portable pools shall not be subject to the requirements for private residential swimming pools set forth in Section 25-2 of this chapter.
shall mean and include artificially constructed pools, whether
located above or below the ground, having a depth of more than eighteen
(18) inches and/or a water surface of one hundred (100) square feet
or more; designed and maintained for swimming and bathing purposes
for use by members of a household and guests; located on a lot as
an accessory use to a detached dwelling; and shall include all buildings,
structures, equipment and appurtenances thereto.
shall mean any pool, other than that classified as a private
residential or portable swimming pool, designed to be used collectively
by persons for swimming and bathing purposes, including pools designed
as part of any apartment or townhouse development or neighborhood
or community organization.
shall mean one (1) building containing at least three (3)
connected dwelling units, where each dwelling unit is compatibly designed
in relation to all other units, but is distinct by such design features
as width, setback, roof design, color, exterior materials, and other
design features, singularly or in combination.
shall mean Township of Aberdeen, Monmouth County, New Jersey.
shall mean an area of land composed of one (1) or more lots
adjacent to one another and having sufficient dimensions and area
to make one (1) parcel of land meeting the requirements of this chapter
for the use(s) intended.
shall mean a vehicular, portable structure built on a chassis
and designed as a temporary dwelling for travel, recreation, vacation
and other short-term uses and having an outside body width not exceeding
eight (8) feet and a length not exceeding thirty (30) feet and which
may contain cooking, sleeping and sanitary facilities.
shall mean an open space extending across the full width
of the lot and lying between the street line and the closest point
of any building on the lot. The depth of the front yard shall be measured
horizontally and at right angles to either a straight street line
or the tangent line of curved street lines. The minimum required front
yard depth shall be the same as the required setback.
shall mean an open space extending across the full width
of the lot and lying between the rear lot line and the closest point
of the principal building on the lot. The depth of the rear yard shall
be measured horizontally and at right angles to either a straight
rear lot line or the tangent of curved rear lot lines. The minimum
required rear yard depth shall be the same as the required setback.
 |
shall mean an open space extending from the front yard to
the rear yard and lying between each side lot line and the closest
point of the principal building on the lot. The width of the required
side yard shall be measured horizontally and at right angles to either
a straight side line or the tangent lines of curved side lot lines.
[Ord. No. 11-1985; Ord. No. 12-2002 § 1; Ord. No. 8-2003 § 7; Ord. No. 13-2003 § 7; Ord. No. 11-2010 § 1; Ord. No. 14-2010; Ord.
No. 20-2010; Ord. No. 16-2012 § 7; amended 8-16-2017 by Ord. No. 10-2017; amended 6-21-2018 by Ord. No. 18-2018; 6-21-2018 by Ord. No. 17-2018]
For the purpose of this chapter, the Township of Aberdeen is
hereby divided into 21 zoning districts as follows:
|
Symbol
| |
|---|---|
|
CR
|
Conservation/Recreation
|
|
RA
|
Agriculture & Very Low Density Residential Single-Family
Residential
|
|
R-100
|
Single-Family Residential
|
|
R-75
|
Single-Family Residential
|
|
R-70
|
Single-Family Residential
|
|
R-65
|
Single-Family Residential
|
|
R-60
|
Single-Family Residential
|
|
R-50
|
Single-Family Residential
|
|
PC
|
Planned Community Single-Family Residential
|
|
APT/TH
|
Apartment/Townhouse Multiple-Family Residential
|
|
ARAH
|
Age-Restricted Affordable Housing
|
|
IDD-A
|
Inculsionary Development District A
|
|
OR
|
Office Residential
|
|
NC
|
Neighborhood Commercial
|
|
HC
|
Highway Commercial
|
|
RC
|
Regional Commercial
|
|
RO
|
Research/Office
|
|
MFG
|
Manufacturing
|
|
LI
|
Light Industrial
|
|
AHO-1
|
Affordable Housing Overlay District
|
|
AHO-2
|
Affordable Housing Overlay Distric
|
|
In addition to the designated zoning districts, the following
"Redevelopment Zones" are established and are indicated on the Zoning
Map:
|
a.
The "PACRP" Planned Adult Community Redevelopment Plan redevelopment
is permitted where indicated on the Zoning Map as an overlay zone
on certain lands in the "RA" Agriculture & Very Low Density Residential
Single-Family Residential and the "R-100" Single-Family Residential
zoning districts.
b.
Luxury apartments are permitted where indicated on the Zoning Map
within the "LI" Limited Industrial zoning district in Section I of
the Train Station Redevelopment Area.
c.
"IH" Inclusionary Housing redevelopments are permitted where indicated
on the Zoning Map as overlay zones, one as an overlay zone along County
Road on certain lands in the "LI" Limited Industrial and "CR" Conservation/Recreation
zoning districts, and the other as an overlay zone along Route 35
on certain lands in the "HC" Highway Commercial zoning district.
d.
"The Glassworks" mixed-use inclusionary redevelopment is permitted
where indicated on the Zoning Map along Cliffwood Avenue.
e.
A mixed-use inclusionary redevelopment is permitted where indicated
on the Zoning Map on certain lands in the "LI" Limited Industrial
zoning district along Atlantic Avenue in Section II of the Train Station
Redevelopment Area.
[Ord. No. 23-1983; Ord. No. 11-1985; Ord.
No. 1-1991; Ord. No. 20-1992; Ord. No. 19-1993; Ord. No. 12-2002 § 2; Ord. No. 16-2002 § 2; Ord. No. 8-2003 § 7; Ord. No. 13-2003 § 7; Ord. No. 11-2010 § 2; Ord. No. 14-2010 § 6; Ord. No. 20-2010 § 2; Ord. No. 16-2012 § 7; Ord. No. 17-2012; Ord.
No. 8-2014; Ord. No. 12-2015]
The boundaries of the zoning districts within Aberdeen Township
and the outbound areas of the "Redevelopment Zones" are established
on the "Zoning Map," dated August 1, 2012. (The Zoning Map may be
found on file in the Township offices.)
a.
Zoning Map Amendments. (Beginning with Supplement No. 5, Zoning Map
amendments will be listed as follows.)
1.
Ordinance No. 8-2014. Approves the Freneau Redevelopment Plan and
amends the Zoning Map to include Block 151-Lots 1, 2, 3 and 4 and
Block 149-Lot 1.
[Ord. No. 8-2014]
2.
Ordinance No. 12-2015. The Commerce and Transportation Center in
the Aberdeen/Matawan Train Station is amended to remove Block 263,
Lot 1 (Aberdeen Township) and Block 3, Lot 1 (Aberdeen Township) from
the Redevelopment Area due to the Recreation and Open Space restrictions
which shall be open to all residents of Aberdeen Township.
[Ord. No. 12-2015]
3.
Ordinance No. 10-2017. The Zoning Map of the Township of Aberdeen
is hereby amended to establish the boundaries of the R-65 Residential
zone district such that the following properties shall be in and permitted
to be developed in accordance with the R-65 Single-Family Residential
zone requirements and standards set forth herein: Block 198, Lots
1 through and including 12; Block 199, Lots 1 through and including
12; and Block 200, Lots 1,2 and 3. The zoning of the properties that
was in place at the time of adoption of the ordinance shall be replaced
by the R-65 Residential Zone.
[Added 8-16-2017 by Ord.
No. 10-2017]
4.
Ordinance No. 17-2018.
[Added 6-21-2018 by Ord.
No. 17-2018]
(a)
There is hereby established the AHO-1 Affordable Housing Overlay
District. The AHO-1 Affordable Housing Overlay District shall consist
of:
(1)
The entire NC (Neighborhood Commercial) zone located along Lower
Main Street identified as Site A on the Affordable Housing Sites Plan
of the Housing Element and Fair Share Plan prepared by T&M Associates,
dated May 23, 2018.
(2)
Block 155 Lots 2, 3, 4 and 5 - Residential Properties adjacent
to Glassworks identified as Site C on the Affordable Housing Sites
Plan of the Housing Element and Fair Share Plan prepared by T&M
Associates, dated May 23, 2018.
(3)
Block 231 Lots 2, 3 and 4 - Commercial site along Route 35 identified
as Site D on the Affordable Housing Sites Plan of the Housing Element
and Fair Share Plan prepared by T&M Associates dated May 23, 2018.
(b)
There is hereby established the AHO-2 Affordable Housing Overlay
District, which shall consist of the area as shown on the Township
of Aberdeen's Tax Map as:
(1)
Block 11 Lots 1 and 2 - Industrial site along Lloyd Road and
the Garden State Parkway identified as Site B on the Affordable Housing
Sites Plan of the Housing Element and Fair Share Plan prepared by
T&M Associates dated May 23, 2018.
(2)
Block 12 Lot 7.01 - Office property along Line Road identified
as Site E on the Affordable Housing Sites Plan of the Housing Element
and Fair Share Plan prepared by T&M Associates dated May 23, 2018.
5.
Ordinance No. 18-2018. Creates the "IDD-A" Inclusionary Development
District A and amends the Zoning Map to include Block 197, Lot 3.01
in same.
[Added 6-21-2018 by Ord.
No. 18-2018]
Zoning district boundary lines are intended to follow centerlines,
railroad rights-of-way, streams and lot or property lines as they
exist on lots of record at the time of enactment of this chapter unless
otherwise indicated by dimensions on the Zoning Map. Any dimensions
shown shall be in feet and measured horizontally, and when measured
from a street, shall be measured from the street right-of-way line
even if the centerline of that street is used for the location of
a zoning district line. The exact location of any disputed zoning
district boundary line shall be determined by the Zoning Board of
Adjustment. The zoning standards, controls and designations apply
to every structure, lot and use within each district, and the district
lines extend vertically in both directions from ground level.
Where a zoning district boundary line divides a lot other than
by following a stream or street, any use permitted in either district
may be extended not more than twenty (20) feet into the adjacent district.
A use permitted in the zoning district so extended shall thereafter
be a permitted use in the extended area. A zoning district line, however,
shall be altered only once by utilizing this section of the chapter,
after which the lot use shall be governed by the regulations of the
zoning district in which it is located after the zoning district boundary
line adjustment.
[Ord. No. 20-1990; Ord. No. 11-2002 § 1; Ord. No. 5-2007 §§ 3—6; Ord. No. 9-2014]
No building shall hereafter be used, erected, altered, converted,
enlarged, added to, moved or reduced, wholly or in part, nor shall
any land be designed, used or physically altered for any purpose or
in any manner except in conformity with this chapter. Where a lot
is formed from part of a lot already occupied by a building, such
subdivision shall be effected in such a manner as not to impair any
of the requirements of this chapter with respect to the existing building
and all yards and other open space in connection therewith, and so
that all resulting lots have adequate dimensions consistent with the
requirements of the zoning district in which they are located, and
so that all lots have frontage on a street.
a.
Principal Structures and Uses. Unless otherwise specified for a particular
zoning district, no more than one (1) principal structure or principal
use shall be permitted on one (1) lot.
b.
Yards Cannot Be Used by Another Building. No open space provided
around any principal building for the purposes of complying with the
front, side, rear or other yard provisions of this chapter shall be
considered as providing the yard provisions for another principal
building.
c.
Accessory Buildings.
1.
Accessory Buildings as Part of Principal Building. Any accessory
building attached to a principal building shall be considered part
of the principal building, and the total structure shall adhere to
the yard requirements for the principal building regardless of the
technique of connecting the principal and accessory buildings.
2.
Accessory Buildings Not to Be Constructed Prior to Principal Building.
No construction permit shall be issued for the construction of an
accessory building prior to the issuance of a construction permit
for the construction of the main building upon the same premises.
If construction of the main building does not precede or coincide
with the construction of the accessory building, the Construction
Official shall revoke the construction permit for the accessory building
until construction of the main building has proceeded substantially
toward completion.
3.
Setback. Each accessory building shall be set back from property
lines the minimum distance established in the applicable zoning district.
Where no minimum is established, the setback shall be a minimum of
five (5) feet or a distance equal to one-half (1/2) foot for each
one (1) foot of building height up to the minimum setback required
for a principal building.
4.
Height. The maximum height of any accessory building shall be fifteen
(15) feet, unless a lesser height is established in the applicable
zoning district.
5.
Location. An accessory building may be erected in side and rear yard
areas only and shall be set back from side and rear lot lines as prescribed
herein, except that if erected on a corner lot, the accessory building
shall be set back from the side street to comply with the setback
line applying to the principal building for that side street and except
further that no livestock shelter shall be erected nearer than fifty
(50) feet to any lot lines.
d.
Nonconforming Uses, Structures and Lots.
1.
The lawful use of land or structures existing at the date of adoption
of this chapter, as amended, may be continued although such use or
structure is nonconforming to the provisions specified in this subsection,
as amended, for the zoning district in which such use or structure
is located, except as provided by law.
2.
Any nonconforming use or structure which has been changed to a conforming
use or structure shall not be changed back again into a nonconforming
use or structure.
3.
Any nonconforming use, structure or lot may change ownership and
continue to function as the same nonconforming use, structure or lot,
provided all other provisions of this chapter and other applicable
laws are met.
4.
Repairs and maintenance work required to keep a structure in sound
condition may be made to a nonconforming structure or a structure
containing a nonconforming use.
(a)
However, no structure containing a nonconforming use shall be
enlarged, extended, constructed, reconstructed or structurally altered
in any manner without an appeal for variance relief.
(b)
A nonconforming structure may be enlarged, extended, constructed,
or structurally altered if such alteration or enlargement does not
increase the existing nonconformity, or create a new violation.
(c)
A nonconforming structure shall not be reconstructed if destroyed
without an appeal to the Zoning Board of Adjustment.
5.
Any lot upon which a nonconforming use or structure is located shall
not be reduced in size nor shall any lot already nonconforming be
made more non-conforming in any manner.
6.
Any vacant lot existing at the effective date of adoption or amendment
of this chapter, whose area or dimensions do not meet the requirements
of the district in which the lot is located, may have a building permit
issued for a use permitted for that zoning district without an appeal
to the Board of Adjustment, provided that:
(a)
The lot area shall not be less than ninety-five (95%) percent
of the lot area required for the zoning district;
(b)
The lot dimensions (frontage, width and depth) shall not be
less than ninety-five (95%) percent of the required dimensions for
the zoning district;
(c)
The building coverage limit is not exceeded; and
(d)
The parking requirements are met.
All other applicable provisions of this chapter shall hold.
7.
Any existing lot on which a building or structure is located and
which lot does not meet the applicable minimum lot size requirement,
or an existing structure which violates any yard requirements, shall
be permitted to construct additions to the principal building and/or
construct accessory buildings without an appeal for variance relief
provided:
(a)
The existing use(s) on the lot are conforming to the permitted
use(s) stipulated in the Chapter for the lot in question;
(b)
The total permitted building coverage, impervious surface coverage,
and floor area ratio stipulated in the Chapter for the permitted use(s)
are not exceeded;
(c)
The accessory building and/or addition to the principal building
does not further violate any deficient yard setback(s) currently existing
on the subject lot;
(d)
No additional yard setback requirement of the Chapter is violated
and all other applicable requirements of the Chapter are met.
e.
Recyclable Materials Storage.
1.
Each application for residential development of fifty or more (50+)
units of single-family housing must include provisions for the collection,
disposition, and recycling of recyclable materials. A single-family
unit shall provide at least twelve (12) feet of floor area conveniently
arranged and located as a holding area for a four (4) week accumulation
of mandated recyclable materials. Such an area may be within a hidden
laundry room, basement, kitchen or garage.
2.
Each application for residential development of twenty-five or more
(25+) units of multi-family housing must include provisions for the
collection, disposition, and recycling of recyclable materials. Each
individual unit should provide at least three (3) square feet of floor
area conveniently arranged and located within the dwelling unit as
a holding area for a one (1) week accumulation of mandated recyclable
materials. Such an area may be within a hidden laundry room, basement,
kitchen or garage.
At least one (1) central location shall be provided so that
residents can drop off their source separated recyclables for storage
until collection occurs. A suggested location for these sites would
be near the refuse receptacle units. These could be outdoor recycling
bins located near the refuse units or in a common area of the condominium
units, e.g., near the laundry room. These storage areas should be
easily accessible for the residents of the building to drop off their
materials. They should also be planned with truck access in mind in
order to facilitate loading of materials for delivery to markets.
In a multi-story building, a space provided on each floor will produce
the highest participation rates. The bins shall be clearly labeled
so it is obvious they are for recyclables and not trash.
3.
Each application for a nonresidential use which utilizes one thousand
(1,000) square feet or more of land must include provisions for the
collection, disposition and recycling of recyclable materials. Each
application shall quantify the amount of recyclable material it will
generate as part of its weekly generation, including newspapers, leaves,
white high-grade paper, glass bottles and jars, aluminum, corrugated
cardboard, and tin and bimetal cans. The application shall provide
at least one (1) separated storage area to contain a week's accumulation
of recyclable material. The size and number of the storage areas will
be dependent on the quantity of recyclable materials generated and
frequency of collection of recyclable materials. The storage area
shall be designed for truck access for a pick-up of materials and
will be suitably screened from view if located outside a building.
f.
Critical Areas. All development within the Township of Aberdeen shall be in accordance with the provisions of subsection 25-6.8, entitled "Critical Areas."
g.
Residential Setbacks. In addition to the specific requirements of
the respective zoning districts, the following requirements shall
apply to any single-family or two-family dwelling unit or multi-family
residential building in any zoning district in the Township of Aberdeen:
1.
All residential dwelling units and buildings shall be located a minimum
of one hundred (100) feet from any existing or proposed detention
or retention basin, pond, lake or other water body or course, as measured
from the edge of the highest topographic grade associated with or
required for said structure or water body or course.
2.
All residential dwelling units and buildings shall be located a minimum
of one hundred (100) feet from any existing or proposed sanitary sewage
pumping station or treatment plant.
a.
Purpose. The purpose of the "RA" district is to restrict residential
development to relatively large lots in recognition of the rural characteristics
still prevailing in the Freneau area of the Township. Due to the absence
of public sanitary sewerage facilities in this area, septic systems
are required. Relatively large residential lots are required for this
district in response to the inherently restrictive limitations that
the soil and geologic conditions present for adequate drainage and
filtering of septic effluent.
Cluster Single-Family Residential Developments are permitted in the "RA" district when connected to public water and sewerage facilities. The purpose of the Cluster Single-Family provision is to accommodate pressures for growth while fostering properly coordinated open spaces and recreational areas, the preservation of flood plain and wooded areas and an optimum street network within the overall development design. (See subsections 25-4.3e and 25-6.2.)
f.
Floor Area Minimum. The minimum gross floor area for one-story detached
dwelling shall be one thousand four hundred (1,400) square feet and
one and one-half (1 1/2) stories (including split-level and two-story
detached dwellings) shall be one thousand six hundred (1,600) square
feet.
a.
Purpose. The purpose of the above cited districts is to provide for
the continuance of the residential pattern of Aberdeen Township which
has developed with single-family detached dwellings at the various
prevailing densities. In addition, the districts are designed with
reasonable predictability regarding the overall population growth
and the attendant demand for community facilities to accommodate new
residential development expected in the Township.
c.
Accessory Uses Permitted.
2.
Private residential tool sheds not to exceed ten (10) feet in height.
3.
Travel trailers and campers may be parked or stored on the premises,
and their dimensions shall not be counted in determining the total
building coverage. They shall not be used as temporary or permanent
living quarters or used for storage while situated on a lot.
6.
Home professional offices.
7.
Residential agriculture.
d.
Maximum Building Height. No principal building shall exceed thirty-five (35) feet, and two and one-half (2 1/2) stories in height, except that churches and schools shall not exceed fifty-five (55) feet and except further as allowed in subsection 25-6.5.
e.
Area and Yard Requirements. The Area and Yard Requirements Table
can be found as an attachment to this chapter.
[Added 8-16-2017 by Ord.
No. 10-2017]
b.
Accessory Use Permitted:
2.
Private residential tool sheds not to exceed 10 feet in height.
3.
Travel trailers and campers may be parked or store on the premises,
and their dimensions shall be counted in determining the total building
coverage. They shall not be used as temporary or permanent living
quarters or used for storage while situated on a lot.
6.
Home professional offices.
7.
Residential agriculture.
c.
Maximum Building Height. No principal building shall exceed 35 feet and 2 1/2 stories in height, except that churches and schools shall not exceed 55 feet and except further as allowed in § 25-6.5.
a.
Purpose. The purpose of the "APT/TH" district is twofold: 1) The
districts are established in recognition of existing multiple-family
developments in Aberdeen Township; and 2) The "APT/TH" district is
established to provide areas where additional multi-family residential
development can take place.
b.
Principal Permitted Uses on the Land and in Buildings.
d.
Density.
1.
The total number of dwelling units permitted shall be eight (8) townhouse
units or ten (10) garden apartment units per gross acre/a combination
of townhouses and apartments shall be permitted on one (1) site. The
density shall be calculated on the average of the number of units
allowed for each building type. When a mixture is used, a minimum
of forty (40%) percent of either apartments or townhouses shall be
provided. The density shall be reduced in sloping areas. Further,
land in wetlands and floodways shall be excluded in calculating the
permitted density.
2.
The maximum number of dwelling units shall be computed by adding
the following calculations:
Density allowed X Land acreage in 0 — 14% slopes
X 1.0 = Number of units.
Density allowed X Land acreage in 15 — 19% slopes
X 0.5 - Number of units.
e.
Maximum Building Height. No building shall exceed thirty-five (35)
feet in height and two and one-half (2.5) stories except where walk-out
basements are provided, the building height at the frontage shall
not exceed thirty-five (35) feet in height and three and one-half
(3.5) stories.
f.
Area and Yard Requirements.
1.
The minimum tract size shall be five (5) acres including the areas
of existing streets and water areas within the tract boundary lines
provided they total no more than two (2%) percent of the tract area.
All plans shall delineate the boundaries of the portion(s) of the
tract devoted to each use.
2.
No building shall be located within fifty (50) feet of the future
right-of-way of any existing or proposed public street, and no building
shall be located within one hundred (100) feet of a railroad right-of-way.
A minimum building setback of twenty-five (25) feet shall be maintained
from any and all other tract boundaries. At least the first fifteen
(15) feet adjacent to any street line and the first ten (10) feet
adjacent to any lot line shall not be used for parking and shall be
planted and maintained in lawn area, ground cover or landscaped with
evergreen shrubbery and separated from the parking area by curbing.
3.
The minimum spacing between buildings shall be as follows: window
wall to window wall: sixty (60) feet; end wall to end wall: fifty
(50) feet; any building face to street curb: forty (40) feet; any
building face to parking area: fifteen (15) feet. No building corner
shall be closer to another building corner than fifty (50) feet.
4.
Land area equal to at least two hundred (200) square feet for each
dwelling unit shall be specified on the site plan and improved by
the developer as active recreation areas for use by the residents
of the development. Such areas shall be an integral part of the development,
and at least one (1) area shall be a minimum of ten thousand (10,000)
square feet in size, at least seventy-five (75) feet wide and have
a grade less than five (5%) percent.
a.
Purpose. The purpose of the "NC" district is to allow for small areas
throughout the Township where small retail and service businesses
may be located primarily for the convenience of the residents in the
immediate neighborhood. Each designated zone is large enough to permit
an expansion of these convenience centers in anticipation of continued
population growth and increased demand for the goods and services.
It is intended that the addition of more buildings in these areas
be designed to enhance and improve the centers by insuring that an
adequate traffic circulation plan evolves so that each building does
not have its own access point(s) to the highway(s); that building
appearances and signs are compatible; and that parking facilities
are interrelated and capable of common usage where advisable.
b.
Principal Permitted Uses on the Land and in Buildings.
1.
Local retail activities including grocery stores having less than
three thousand five hundred (3,500) square feet of gross floor area,
meat markets, seafood markets, delicatessens, bakeries, drug stores,
furniture stores, sporting goods shops, gift shops, hobby shops, book
stores, clothing stores, shoe stores, hardware stores, package liquor
stores, pet shops, stationery stores, fabric stores and florists.
2.
Local service activities including barber and beauty shops, tailors,
dry cleaning and laundering operations, appliance repair shops, shoe
repair shops and upholsterers.
3.
Restaurants, bars and taverns.
4.
Banks, including drive-in facilities.
5.
Professional offices limited to doctors, dentists, architects, engineers,
lawyers, real estate agents, insurance brokers or similar professional
uses.
7.
Public purpose uses.
c.
Accessory Uses Permitted.
3.
Garages to house delivery trucks or other commercial vehicles.
4.
Temporary construction trailers and one (1) sign not exceeding fifty
(50) square feet, advertising the prime contractor, subcontractor(s),
architect, financing institution and similar data for the period of
construction beginning with the issuance of a building permit and
concluding with the issuance of a Certificate of Occupancy or one
(1) year, whichever is less, provided said trailer and sign are on
the site where construction is taking place and set back at least
fifteen (15) feet from street and lot lines.
d.
Maximum Building Height. No building shall exceed thirty-five (35) feet in height except as allowed in subsection 25-6.5.
e.
Area and Yard Requirements.
|
Principal Building
| |
|
Minimum
| |
|
Lot area
|
5,000 sq. ft.
|
|
Lot frontage
|
50 ft.
|
|
Lot width
|
50 ft.
|
|
Lot depth
|
80 ft.
|
|
Side yard
|
In order to encourage an end product which provides parking,
access and architectural continuity, even where development occurs
piecemeal and with diverse ownership, buildings may be attached and
may be built to the interior side line(s) in order to be attached.
Attached buildings may include two (2) walls which must be keyed to
each other. Where buildings are built to both side lot lines, the
site plan shall be accompanied by appropriate legal material and plans
showing properly located loading spaces and trash receptacles with
permitted access across adjacent properties. If structures are not
attached, the side yard(s) shall be ten (10) feet.
|
|
Front yard
|
10 ft.
|
|
Rear yard
|
20 ft.
|
|
Accessory Building
| |
|
Minimum
| |
|
Distance to side line
|
10 ft.
|
|
Distance to rear line
|
10 ft.
|
|
Distance to other building
|
15 ft.
|
|
Maximum
| |
|
Building coverage of principal building
|
30%
|
|
Building coverage of accessory building(s)
|
10%
|
f.
Gross Floor Area Minimum. Each principal building shall have a minimum
gross floor area of one thousand (1,000) square feet.
g.
General Requirements.
1.
One (1) building may contain more than one (1) use, provided that
the total building coverage of the combined uses does not exceed the
maximum building coverage specified for this district and, further,
that each use occupies a minimum gross floor area of five hundred
(500) square feet.
2.
At least the first ten (10) feet adjacent to any street line shall
not be used for parking and shall be planted and maintained in lawn
area, ground cover, or landscaped with evergreen shrubbery and separated
from the parking area by curbing.
3.
No merchandise or similar material shall be displayed outside beyond
five (5) feet of any building. No waste or equipment shall be stored
outside.
4.
All buildings shall be compatibly designed whether constructed all
at one time or in stages over a period of time. Where a side or front
exterior wall in excess of fifty (50) feet is proposed, variations
in design shall be used to provide attractiveness to the building
which shall include changing roof lines and roof designs, altering
building heights, varying facade treatment or staggering the building
setback. Wherever practicable and feasible, buildings shall be oriented
so as to promote the conservation of energy and the use of renewable
energy resources. All building walls visible from any street or residential
district shall be suitably finished for aesthetic purposes which shall
not include unpainted or painted cinder block or concrete block walls.
5.
All areas not utilized for buildings, parking, loading, access aisles
and driveways or pedestrian walkways shall be suitably landscaped
with shrubs, ground cover, seeding or similar plantings and maintained
in good condition, as outlined in the Aberdeen Township Maintenance
Code.
[Ord. No. 20-1982; Ord. No. 18-1996; Ord.
No. 22-1998 §§ 1,2; Ord. No. 3-2006 § 2]
a.
Purpose. The purpose of the "HC" district is to provide those uses
serving a regional as well as a local function. The areas are located
along Routes 34 and 35 for regional accessibility and for rendering
services to the traveling public. In all circumstances, the site planning
and building designs are intended to be completed in a compatible
manner with an overall plan for the development of all lands so zoned
in order to coordinate traffic flow, parking needs, building orientation,
landscaping, drainage and similar factors which have a relationship
to development, whether implemented cumulatively over a period of
years or in one (1) major development program.
b.
Principal Permitted Uses on the Land and in Buildings.
1.
Retail sales of goods and services.
2.
Restaurants, bars, taverns and nightclubs.
3.
Banks, including drive-in facilities.
4.
Offices and office buildings.
5.
Theaters.
6.
Department stores.
7.
Shopping centers which shall include only those uses enumerated above
and which shall be developed as a single architectural scheme, whether
constructed all at one time or in stages over a period of time.
8.
Garden centers engaging in the retail sale of plant material. Outside
storage, sale or display areas shall not exceed four (4) times the
building coverage and shall be used only for storage, sale and display
of living plant material.
9.
Bowling alleys.
10.
Automobile sales whose principal use is the sale of new automobiles
through franchised dealers. The sale of used automobiles shall be
accessory to and incidental to the principal permitted use.
14.
Public purpose uses.
15.
Storage yards for towed inoperable vehicles as Conditional Uses under N.J.S.A. 40:55D-67. (See subsection 25-6.6i for standards.)
17.
Wireless communication antennas on new wireless communication towers in accordance with the conditions, standards and limitations specified in subsection 25-6.10 of this chapter.
18.
Medical walk-in facilities and medical services as licensed by the
State of New Jersey to include physician's offices that provide:
[Added 6-6-2019 by Ord.
No. 11-2019]
(a)
Urgent, ambulatory and outpatient surgical facilities;
(b)
Well-care visits and/or emergency visits for illness or accidents;
(c)
Accept Medicare, Medicaid, private insurance and/or personal
billing in associated reception/office/filing areas;
(d)
Outpatient physical, occupational and speech therapy, cardiac
rehabilitation by licensed professionals, including CV profile and
nuclear imaging by licensed professionals;
(e)
Sleep center testing by licensed professionals, to include autonomic
nervous system testing and urodynamics;
(f)
Pain management by licensed professionals;
(g)
Diagnostic ultrasound, x-rays, lab work by licensed professionals,
including by not limited to ultrasound, allergy testing, CV profile,
neurodiagnostics, pharmacogenetics testing, blood work, nerve conduction
studies, dizziness and balance testing;
(h)
Outpatient surgical by licensed professionals as licensed by
the State of New Jersey;
(i)
For treatment of a variety of ailments or medical needs such
as, but not limited to, podiatry, orthopedics, allergy, oncology,
dialysis, colds, pneumonia, well visits, etc.
19.
Dental clinics with dental services as listed:
[Added 6-6-2019 by Ord.
No. 11-2019]
(a)
All dental work required to be done by a licensed dentist or
his staff, including but not limited to x-rays, drilling, cleaning,
extractions, implants, dentures, lab on premises, and any specialty
associated with dental care, e.g., orthodontics, periodontal;
(b)
Accepts Medicare, Medicaid, private insurance or personal billing
in associated reception/office/filing areas.
20.
Adult medical day care as licensed by the State of New Jersey:
[Added 6-6-2019 by Ord.
No. 11-2019]
(a)
Part-time/full-time (no overnight) residents (i.e. part-time
can be either morning or afternoon; full-time is the entire day);
(b)
Services to include active and passive recreation, personal
needs (hair dresser, nail trimming), meals and snacks; all recreation
to be indoors. Patients may not leave the building unsupervised;
(c)
No meals prepared on site; meals provided by outside service
to adult day care patrons;
(d)
Residents may be driven to facility or transportation to be
provided by facility;
(e)
At least one licensed professional and one aide to be on site
during hours of operation;
(f)
Accepts Medicare, Medicaid, private insurance or personal billing
in associated offices/reception/filing areas.
21.
Outpatient, individual or group counseling and rehabilitation.
[Added 6-6-2019 by Ord.
No. 11-2019]
c.
Accessory Uses Permitted.
3.
Garages to house delivery trucks or other commercial vehicles.
5.
Storage yards for towed inoperable vehicles as Conditional Uses under N.J.S.A. 40:55D-67. (See subsection 25-6.6i for standards.)
6.
Temporary Construction. Temporary construction trailers and one (1)
sign not exceeding one hundred (100) square feet, advertising the
prime contractor, subcontractor(s), architect, financing institution
and similar data for the period of construction beginning with the
issuance of a Certificate of Occupancy or one (1) year, whichever
is less, provided said trailer and sign are on the site where construction
is taking place.
d.
Maximum Building Height. No building shall exceed thirty-five (35) feet in height except as allowed in subsection 25-6.5.
e.
Area and Yard Requirements.
|
Individual Commercial Uses
|
Shopping Center
| |
|---|---|---|
|
Principal Building
| ||
|
Minimum
| ||
|
Lot area
|
40,000 sq. ft.
|
120,000 sq. ft.
|
|
Lot frontage
|
150 ft.
|
250 ft.
|
|
Lot width
|
150 ft.
|
250 ft.
|
|
Lot depth
|
150 ft.
|
200 ft.
|
|
Side yard (each)
|
20 ft.
|
50 ft.
|
|
Front yard
|
50 ft.
|
75 ft.
|
|
Rear yard
|
30 ft.
|
50 ft.
|
|
Accessory Building
| ||
|
Minimum
| ||
|
Distance to side line
|
20 ft.
|
50 ft.
|
|
Distance to rear line
|
30 ft.
|
50 ft.
|
|
Distance to other building
|
15 ft.
|
15 ft.
|
|
Maximum
| ||
|
Building Coverage of principal building
|
25%
|
20%
|
|
Building Coverage of accessory building(s)
|
5%
|
5%
|
f.
Gross Floor Area Minimums. The minimum gross floor area shall be
three thousand (3,000) square feet.
g.
General Requirements.
1.
One (1) building may contain more than one (1) use provided that
the total building coverage of the combined uses does not exceed the
maximum building coverage specified for the district.
2.
A shopping center may contain more than one (1) principal building,
provided that the total building coverage specified for the district
is not exceeded and the following building separation requirements
are met:
(a)
All principal buildings shall be separated* by a minimum of
twenty-five (25) feet, provided such separation is to be used solely
for pedestrian circulation.
(b)
All principal buildings shall be separated* by a minimum of
fifty (50) feet when such separation is to be used for parking or
vehicular circulation.
*Note: The separation requirements should not be construed to
prohibit covered pedestrian walkways when the roof or covering of
such walkway extends between the principal buildings.
3.
At least the first twenty (20) feet adjacent to any street line and
ten (10) feet adjacent to any lot line shall not be used for parking
and shall be planted and maintained in lawn area, ground cover, or
landscaped with evergreen shrubbery, and separated from the parking
area by poured concrete curbing.
4.
Except for garden centers as allowed under subsection 25-4.7b8, no
merchandise or similar material shall be displayed outside beyond
five (5) feet of any building. No waste or equipment shall be stored
outside.
5.
All buildings shall be compatibly designed whether constructed all
at one time or in stages over a period of time. Where a side or front
exterior wall in excess of fifty (50) feet is proposed, variations
in design shall be used to provide attractiveness to the building
which shall include changing roof lines and roof designs, altering
building heights, varying facade treatment or staggering the building
setback. Wherever practicable and feasible, buildings shall be oriented
so as to promote the conservation of energy and the use of renewable
energy resources. All building walls visible from any street or residential
district shall be suitably finished for aesthetic purposes which shall
not include unpainted or painted cinder block or concrete block walls.
6.
All portions of the property not utilized by buildings or paved surfaces
shall be landscaped utilizing combinations such as landscaped fencing,
shrubbery, lawn area, ground cover, rock formations, contours, existing
foliage and the planting of conifers and/or deciduous trees native
to the area, in order to either maintain or re-establish the tone
of the vegetation in the area and lessen the visual impact of the
structures and paved areas. The established grades on any site shall
be planned for both aesthetic and drainage purposes. The grading plan,
drainage facilities and landscaping shall be coordinated to prevent
erosion and silting as well as assuring that the capacity of any natural
or man-made drainage system is sufficient to handle the water generated
and anticipated, both from the site and contributing upstream areas.
[Ord. No. 18-1996]
a.
Purpose. The purpose of the "RC" district is to concentrate regional
commercial uses on a significantly large parcel of land adjacent to
excellent highway access offered by Routes 34 and 35. A major section
of the zone is intended to serve as a regional shopping center, although
certain other limited commercial and industrial uses are also allowed.
It is intended that the area be developed in accordance with an overall
plan coordinating architectural features, landscaping, drainage, shared
parking, types of uses, controlled access points and similar standards
and aesthetic features so that the final product will be a self-contained,
regional center, whether constructed all at one time or in stages
over a period of time.
b.
Principal Permitted Uses on the Land and in Buildings.
1.
Retail sales of goods and services.
2.
Restaurants, bars, taverns, and nightclubs.
3.
Banks, including drive-in facilities.
4.
Offices and office buildings.
5.
Theaters.
6.
Shopping centers comprised of the preceding uses.
7.
Laboratories of an experimental, research or testing nature which
carry on processes within completely enclosed buildings and which
do not produce noticeable noise, vibration, smoke, dust, odors, heat
or glare outside the building(s).
10.
Public purpose uses.
c.
Accessory Uses Permitted.
3.
Garages, storage buildings and other customary accessory uses incidental
to the principal use.
6.
Medical walk-in facilities and medical services as licensed by the
State of New Jersey to include physician's offices that provide:
[Added 6-6-2019 by Ord.
No. 11-2019]
(a)
Urgent, ambulatory and outpatient surgical facilities;
(b)
Well-care visits and/or emergency visits for illness or accidents;
(c)
Accept Medicare, Medicaid, private insurance and/or personal
billing in associated reception/office/filing areas;
(d)
Outpatient physical, occupational and speech therapy, cardiac
rehabilitation by licensed professionals, including CV profile and
nuclear imaging by licensed professionals;
(e)
Sleep center testing by licensed professionals, to include autonomic
nervous system testing and urodynamics;
(f)
Pain management by licensed professionals;
(g)
Diagnostic ultrasound, x-rays, lab work by licensed professionals,
including by not limited to ultrasound, allergy testing, CV profile,
neurodiagnostics, pharmacogenetics testing, blood work, nerve conduction
studies, dizziness and balance testing;
(h)
Outpatient surgical by licensed professionals as licensed by
the State of New Jersey;
(i)
For treatment of a variety of ailments or medical needs such
as, but not limited to, podiatry, orthopedics, allergy, oncology,
dialysis, colds, pneumonia, well visits, etc.
7.
Dental clinics with dental services as listed:
[Added 6-6-2019 by Ord.
No. 11-2019]
(a)
All dental work required to be done by a licensed dentist or
his staff, including but not limited to x-rays, drilling, cleaning,
extractions, implants, dentures, lab on premises, and any specialty
associated with dental care, e.g., orthodontics, periodontal;
(b)
Accepts Medicare, Medicaid, private insurance or personal billing
in associated reception/office/filing areas.
8.
Adult medical day care as licensed by the State of New Jersey:
[Added 6-6-2019 by Ord.
No. 11-2019]
(a)
Part-time/full-time (no overnight) residents (i.e., part-time
can be either morning or afternoon; full-time is the entire day);
(b)
Services to include active and passive recreation, personal
needs (hair dresser, nail trimming), meals and snacks; all recreation
to be indoors. Patients may not leave the building unsupervised;
(c)
No meals prepared on site; meals provided by outside service
to adult day care patrons;
(d)
Residents may be driven to facility or transportation to be
provided by facility;
(e)
At least one licensed professional and one aide to be on site
during hours of operation;
(f)
Accepts Medicare, Medicaid, private insurance or personal billing
in associated offices/reception/filing areas.
9.
Outpatient, individual or group counseling and rehabilitation.
[Added 6-6-2019 by Ord.
No. 11-2019]
10.
Temporary construction trailers and two (2) signs not exceeding two
hundred (200) square feet each, advertising the prime contractor,
subcontractor(s), architect, financing institution and similar data
for the period of construction beginning with the issuance of a construction
permit and concluding with the issuance of a Certificate of Occupancy
or one (1) year, whichever is less, provided said trailer(s) and sign(s)
are on the site where construction is taking place.
d.
Maximum Building Height. No building shall exceed thirty-five (35) feet in height except as allowed in subsection 25-6.5, and except further that a building not exceeding fifty (50) feet in height may be constructed provided that for every one (1) foot in height in excess of thirty-five (35) feet, the buffer area (as described in subsection 25-5.5) shall be enlarged two (2) feet in width.
e.
Area and Yard Requirements.
|
Principal Building
| |
|
Mimimum
| |
|
Lot area
|
120,000 sq. ft.
|
|
Lot frontage
|
250 ft.
|
|
Lot width
|
250 ft.
|
|
Lot depth
|
200 ft.
|
|
Side yard (each)
|
50 ft.
|
|
Front yard
|
75 ft.
|
|
Rear yard
|
50 ft.
|
|
Accessory Building
| |
|
Minimum
| |
|
Distance to side line
|
50 ft.
|
|
Distance to rear line
|
50 ft.
|
|
Distance to other building
|
15 ft.
|
|
Maximum
| |
|
Building coverage of principal building
|
20%
|
|
Building coverage of accessory building(s)
|
5%
|
f.
Gross Floor Area Minimums. The minimum gross floor area shall be
five thousand (5,000) square feet.
g.
General Requirements.
1.
One (1) building may contain more than one (1) use, provided that
the total building coverage of the combined uses does not exceed the
maximum building coverage specified for the district.
2.
A shopping center may contain more than one (1) principal building,
provided that the total building coverage specified for the district
is not exceeded and the following building separation requirements
are met:
(a)
All principal buildings shall be separated* by a minimum of
twenty-five (25) feet, provided such separation is to be used solely
for pedestrian circulation.
(b)
All principal buildings shall be separated* by a minimum of
fifty (50) feet when such separation is to be used for parking or
vehicular circulation.
*Note: The separation requirements should not be construed to
prohibit covered pedestrian walkways when the roof or covering of
such walkway extends between the principal buildings.
3.
At least the first fifty (50) feet adjacent to any street line and
twenty (20) feet adjacent to any lot line shall not be used for parking,
shall be planted and maintained in lawn area or ground cover, or landscaped
with evergreen shrubbery.
4.
No merchandise or similar material shall be displayed outside beyond
five (5) feet of any building. No waste or equipment shall be stored
outside.
5.
All buildings shall be compatibly designed whether constructed all
at one time or in stages over a period of time. Where a side or front
exterior wall in excess of fifty (50) feet is proposed, variations
in design shall be used to provide attractiveness to the building
which shall include changing roof lines and roof designs, altering
building heights, varying facade treatment or staggering the building
setback. Wherever practicable and feasible, buildings shall be oriented
so as to promote the conservation of energy and the use of renewable
energy resources. All building walls visible from any street or residential
district shall be suitably finished for aesthetic purposes which shall
not include unpainted or painted cinder block or concrete block walls.
6.
All portions of the property not utilized by buildings or paved surfaces
shall be landscaped utilizing combinations such as landscaped fencing,
shrubbery, lawn area, ground cover, rock formations, contours, existing
foliage and the planting of conifers and/or deciduous trees native
to the area, in order to lessen the visual impact of the structures
and paved areas. The established grades on any site shall be planned
for both aesthetic and drainage purposes. The grading plan, drainage
facilities and landscaping shall be coordinated to prevent erosion
and silting as well as assure that the capacity of any natural or
man-made drainage system is sufficient to handle the water generated
and anticipated both from the site and contributing upstream areas.
[Ord. No. 16-2002 § 2]
a.
Purpose. The "CR" district was created in recognition of Aberdeen
Township's estuarine areas and the New Jersey Wetlands Act (N.J.S.A.
13:19A-1 et seq.). Regulations apply to all lands having any one (1)
of the following three (3) specific attributes:
1.
Land subject to tidal action.
2.
Land now or formerly connected to tidal waters whose surface is at
or below one (1) foot above local extreme high water.
3.
Land upon which may grow some, but not necessarily all, of nineteen
(19) species of vegetation.
Land affected by the Wetlands Act lies adjacent to Whale, Long
Neck and Matawan Creeks and includes land south as well as north of
State Route 35.
Land uses that may take place on the Wetlands should have a
definite relationship to the estuarial zone, e.g., marinas, boat moorings
slips, etc. All proposed uses of the Wetlands require New Jersey Department
of Environmental Protection approval.
b.
Principal Permitted Uses on the Land and in Buildings.
1.
Farms.
2.
Detached dwelling units in accordance with the applicable requirements of subsection 25-4.2 of this chapter for detached dwellings without public sewerage in the "RA" Agriculture and Very Low Density Single-Family Residential zoning district.
3.
Boat yards, marinas, yacht basins and boat mooring slips.
4.
Restaurants, bars, taverns and night clubs, provided they are part
of, or associated with, a marina.
5.
Public playgrounds, conservation areas, parks and public purpose
uses.
d.
Maximum Building Height. No building shall exceed thirty-five (35) feet in height and two and one-half (2 1/2) stories except as allowed in subsection 25-6.5.
e.
Area and Yard Requirements.
|
Principal Building
| |
|
Minimum
| |
|
Lot area
|
40,000 sq. ft.
|
|
Lot frontage
|
150 ft.
|
|
Lot width
|
150 ft.
|
|
Lot depth
|
150 ft.
|
|
Side yard (each)
|
20 ft.
|
|
Front yard
|
50 ft.
|
|
Rear yard
|
30 ft.
|
|
Accessory Building
Minimum
| |
|
Distance to side line
|
20 ft.
|
|
Distance to rear line
|
30 ft.
|
|
Distance to other building
|
15 ft.
|
|
Maximum
| |
|
Building coverage of principal building
|
25%
|
|
Building coverage of accessory building(s)
|
5%
|
f.
Gross Floor Area Minimum. The minimum gross floor area shall be two
thousand five hundred (2,500) square feet.
g.
General Requirements.
1.
One (1) building may contain more than one (1) use, provided that
the total building coverage of the combined uses does not exceed the
maximum building coverage specified for this district.
2.
At least the first twenty (20) feet adjacent to any street line and
ten (10) feet adjacent to any lot line shall not be used for parking
and shall be planted and maintained in lawn area or ground cover or
landscaped with evergreen shrubbery and separated from the parking
area by poured concrete curbing.
3.
No merchandise or similar material shall be displayed outside beyond
five (5) feet of any building. No waste or equipment shall be stored
outside.
4.
All buildings shall be compatibly designed whether constructed all
at one time or in stages over a period of time. Where a side or front
exterior wall in excess of fifty (50) feet is proposed, variations
in design shall be used to provide attractiveness to the building
which shall include changing roof lines and roof designs, altering
building heights, varying facade treatment or staggering the building
setback. Wherever practicable and feasible, buildings shall be oriented
so as to promote the conservation of energy and the use of renewable
energy resources. All building walls visible from any street or residential
district shall be suitably finished for aesthetic purposes which shall
not include unpainted or painted cinder block or concrete block walls.
5.
All portions of the property not utilized by buildings or paved surfaces
shall be landscaped utilizing combinations such as landscaped fencing,
shrubbery, lawn area, ground cover, rock formations, contours, existing
foliage and the planting of conifers and/or deciduous trees native
to the area in order to either maintain or reestablish the tone of
the vegetation in the area and lessen the visual impact of the structures
and paved areas. The established grades on any site shall be planned
for both aesthetic and drainage purposes. The grading plan, drainage
facilities and landscaping shall be coordinated to prevent erosion
and silting as well as assuring that the capacity of any natural or
man-made drainage system is sufficient to handle the water generated
and anticipated both from the site and contributing upstream areas.
[Ord. No. 13-1989]
a.
Purpose. The "RO" District is located to take advantage of the highway
access afforded by the Garden State Parkway. The standards are intended
to require maximum attention to proper site designing including the
location of structures and parking areas, proper ingress and egress,
development of an interior street system, architectural design, landscaping
and the compatibility of any proposal with the natural foliage, soils,
contours, drainage patterns, and the need to avoid visual intrusions
and performance nuisances upon adjacent residences and residential
zones. It is intended that existing foliage and natural features be
retained and enhanced in relation to the site as well as the surrounding
area. The primary uses are intended to be oriented toward office and
research operations with only incidental shipping and receiving related
to the non-production oriented uses.
b.
Principal Permitted Uses on the Land and in Buildings.
1.
Offices and office buildings, including research and laboratory uses
directly associated with the office uses, provided that they occupy
no more than twenty-five (25%) percent of the total gross square footage
devoted to the principal use and are processed within completely enclosed
buildings which do not produce noticeable noise, vibration, smoke,
dust, odors, heat or glare outside the buildings.
2.
Public playgrounds, conservation areas, park and public purpose uses.
3.
Farms.
c.
Accessory Uses Permitted.
3.
Garages, storage buildings and other customary accessory uses incidental
to the principal use.
5.
Temporary construction trailers and one (1) sign not exceeding one
hundred (100) square feet advertising the prime contractor, subcontractor(s),
architect, financing institution and similar data for the period of
construction beginning with the issuance of a construction permit
and concluding with the issuance of a Certificate of Occupancy, or
one (1) year, whichever is less, provided said trailer(s) and sign
are on the site where construction is taking place.
6.
Employee cafeterias as part of a principal building or as the entire
use of a principal building, provided the cafeteria is limited in
service to the employees of the principal use designated on the site
plan as approved by the Board.
7.
Snack bar or retail professional shop as part of a principal building
in the commercial recreation facility.
d.
Maximum Building Height. No building shall exceed thirty-five (35) feet in height except as allowed in subsection 25-6.5, and except further that a building not exceeding fifty (50) feet in height may be constructed provided that for every one (1) foot in height in excess of thirty-five (35) feet, the buffer area (as described in subsection 25-5.5b) shall be enlarged two (2) feet in width.
e.
Area and Yard Requirements.
|
Principal Building
| |
|
Minimum
| |
|
Lot area
|
120,000 sq. ft.
|
|
Lot frontage
|
250 ft.
|
|
Lot width
|
250 ft.
|
|
Lot depth
|
200 ft.
|
|
Side yard (each)
|
50 ft.
|
|
Front yard
|
75 ft.
|
|
Rear yard
|
50 ft.
|
|
Accessory Building
| |
|
Minimum
| |
|
Distance to side line
|
50 ft.
|
|
Distance to rear line
|
50 ft.
|
|
Distance to other building
|
15 ft.
|
|
Maximum
| |
|
Building coverage of principal building*
|
30%
|
|
Building coverage of accessory building(s)
|
5%
|
|
*The maximum building coverage for the principal building(s)
may increase by a square footage amount equal to that square footage
of the building(s) used for inside parking and/or loading, provided
that in no case shall the maximum building coverage for the principal
building(s) exceed forty (40%) percent.
|
f.
Gross Floor Area Minimum. Each principal building shall have a minimum
gross floor area of five thousand (5,000) square feet.
g.
General Requirements.
1.
Any principal building may contain more than one (1) use or organization.
2.
A lot may contain more than one (1) principal building provided that
the total building coverage specified for the district is not exceeded
and the following building separation requirements are met:
(a)
All principal buildings shall be separated* by a minimum of
twenty-five (25) feet provided such separation is to be used solely
for pedestrian circulation.
(b)
All principal buildings shall be separated* by a minimum of
fifty (50) feet when such separation is to be used for parking or
vehicular circulation.
*Note: The separation requirements should not be construed to
prohibit covered pedestrian walkways when the roof or covering of
such walkway extends between the principal buildings.
3.
At least the first fifty (50) feet adjacent to any street line and
twenty (20) feet adjacent to any lot line shall not be used for parking,
shall be planted and maintained in lawn area or ground cover or landscaped
with evergreen shrubbery, and shall be separated from the parking
area by poured concrete curbing.
4.
Merchandise, products, waste, equipment or similar material or objects
shall not be displayed or stored outside.
5.
All buildings shall be compatibly designed whether constructed all
at one time or in stages over a period of time. Where a side or front
exterior wall in excess of fifty (50) feet is proposed, variations
in design shall be used to provide attractiveness to the building
which shall include changing roof lines and roof designs, altering
building heights, varying facade treatment or staggering the building
setback. Wherever practicable and feasible, buildings shall be oriented
so as to promote the conservation of energy and the use of renewable
energy resources. All building walls visible from any street or residential
district shall be suitably finished for aesthetic purposes which shall
not include unpainted or painted cinder block or concrete block walls.
6.
All portions of the property not utilized by buildings or paved surfaces
shall be landscaped utilizing combinations such as landscaped fencing,
shrubbery, lawn area, ground cover, rock formations, contours, existing
foliage and the planting of conifers and/or deciduous trees native
to the area in order to either maintain or re-establish the tone of
the vegetation in the area and lessen the visual impact of the structures
and paved areas. The established grades on any site shall be planned
for both aesthetic and drainage purposes. The grading plan, drainage
facilities and landscaping shall be coordinated to prevent erosion
and silting as well as assure that the capacity of any natural or
man-made drainage system is sufficient to handle the water generated
and anticipated both from the site and contributing upstream areas.
[Ord. No. 20-1982; Ord. No. 22-1998, §§ 3,4;
repealed in entirety by Ord. No. 14-2010; reinstated by Ord. No. 16-2012]
a.
Purpose. This district has been created to allow industrial plants
to process or manufacture goods from unprepared or untreated materials
such as heavy metal work, manufacture of brick, terra-cotta, plastics,
glass etc. All manufacturing processes must take place within fully
enclosed buildings. Storage facilities may be in separate buildings.
Operations, whose principal use is the storage of solvents or other
inflammable materials, are prohibited uses. No explosives shall be
stored or used.
b.
c.
Accessory Uses Permitted.
3.
Garages, storage buildings and other customary accessory uses incidental
to the principal use.
5.
Temporary construction trailers and one (1) sign not exceeding one
hundred (100) square feet, each advertising the prime contractor,
subcontractor(s), architect, financing institution and similar data
for the period of construction beginning with the issuance of a construction
permit and concluding with the issuance of a Certificate of Occupancy,
or one (1) year, whichever is less, provided said trailer(s) and sign
are on the site where construction is taking place.
6.
Employee cafeterias as part of a principal building or as the entire
use of a principal building, provided the cafeteria is limited in
service to the employees of the principal use designated on the site
plan as approved by the Board.
7.
Storage yards for towed inoperable vehicles as Conditional Uses under
N.J.S.A. 40:55D-67. (See subsection 25-6.61 for standards.)
d.
Maximum Building Height. No building shall exceed thirty-five (35) feet in height except as allowed in subsection 25-6.5, and except further that a building not exceeding fifty (50) feet in height may be constructed provided that for every one (1) foot in height in excess of thirty-five (35) feet, the buffer area (as described in subsection 25-5.5) be enlarged two (2) feet in width.
e.
Area and Yard Requirements.(1)
|
Individual Use
|
Industrial Park Use
| |
|---|---|---|
|
Principal Building
| ||
|
Minimum
| ||
|
Lot area
|
120,000 sq. ft.
|
80,000 sq. ft.
|
|
Lot frontage
|
250 ft.
|
200 ft.
|
|
Lot width
|
250 ft.
|
200 ft.
|
|
Lot depth
|
200 ft.
|
200 ft.
|
|
Side yard (each)
|
75 ft.
|
50 ft.
|
|
Front yard
|
50 ft.
|
25 ft.
|
|
Rear yard
|
50 ft.
|
25 ft.
|
|
Accessory Building
Minimum
| ||
|
Distance to side line
|
50 ft.
|
25 ft.
|
|
Distance to rear line
|
50 ft.
|
25 ft.
|
|
Distance to other building
|
15 ft.
|
15 ft.
|
|
Minimum
| ||
|
Building coverage of principal building(2)
|
40%
|
40%
|
|
Building coverage of accessory building(s)
|
5%
|
5%
|
|
(1) No provision stipulated
herein shall prohibit a permitted use from being situated adjacent
to a railroad right-of-way for purposes of loading and unloading materials.
|
|
(2) The maximum building
coverage for the principal building(s) may increase by a square footage
amount equal to the square footage of the building(s) used for inside
parking and/or loading, provided that in no case shall the maximum
building coverage for the principal building(s) exceed fifty (50%)
percent.
|
f.
Gross Floor Area Minimum. Each principal building shall have a minimum
gross floor area of five thousand (5,000) square feet.
g.
General Requirements.
1.
Any principal building may contain more than one (1) use or organization.
2.
A lot may contain more than one (1) principal building provided that
the total building coverage specified for the district is not exceeded
and the following building separation requirements are met:
(a)
All principal buildings shall be separated* by a minimum of
twenty-five (25) feet provided such separation is to be used solely
for pedestrian circulation.
(b)
All principal buildings shall be separated* by a minimum of
fifty (50) feet when such separation is to be used for parking or
vehicular circulation.
*Note: The separation requirements should not be construed to
prohibit covered pedestrian walkways when the roof or covering of
such walkway extends between the principal buildings.
3.
At least the first fifty (50) feet (twenty-five (25) feet for industrial
park lots) adjacent to any street line and twenty (20) feet adjacent
to any lot line shall not be used for parking, shall be planted and
maintained in lawn area or ground cover or landscaped with evergreen
shrubbery and shall be separated from the parking area by poured concrete
curbing.
4.
Any use resulting in the outdoor storage of merchandise, products,
equipment or similar material shall be screened by a fence, wall,
plant material or combination thereof in order to provide a visual
barrier between the storage areas and any street or residential zoning
district.
5.
All buildings shall be compatibly designed whether constructed all
at one time or in stages over a period of time. Where a side or front
exterior wall in excess of fifty (50) feet is proposed, variations
in design shall be used to provide attractiveness to the building
which shall include changing roof lines and roof designs, altering
building heights, varying facade treatment or staggering the building
setback. Wherever practicable and feasible, buildings shall be oriented
so as to promote the conservation of energy and the use of renewable
energy resources. All building walls visible from any street or residential
district shall be suitably finished for aesthetic purposes which shall
not include unpainted or painted cinder block or concrete block walls.
6.
All portions of the property not utilized by buildings or paved surfaces
shall be landscaped utilizing combinations such as landscaped fencing,
shrubbery, lawn area, ground cover, rock formations, contours, existing
foliage and the planting of conifers and/or deciduous trees native
to the area, in order to either maintain or re-establish the tone
of the vegetation in the area and lessen the visual impact of the
structures and paved areas. The established grades on any site shall
be planned for both aesthetic and drainage purposes. The grading plan,
drainage facilities and landscaping shall be coordinated to prevent
erosion and silting as well as assure that the capacity of any natural
or man-made drainage system is sufficient to handle the water generated
and anticipated both from the site and contributing upstream areas.
[Ord. No. 20-1982; Ord. No. 23-1990; Ord.
No. 18-1996; Ord. No. 22-1998, § 5; Ord. No. 1-2000, § 2; Ord. No. 3-2006, § 3]
a.
Purpose. These districts are intended to accommodate light industrial
plants, office buildings, research labs, wholesale distribution centers
and warehouses and similar uses. Industrial plants must be of the
type which process previously prepared or refined materials. No building
shall be used in a manner which will create nuisance problems or noxious
conditions. All industrial processes must take place within fully
enclosed structures. Operations whose principal use is the storage
of solvents or other inflammable materials are prohibited. No explosives
shall be stored or used.
Within these districts, industrial parks may be developed on
tracts of ten (10) acres or more. Parks must be planned as single
entities intended to accommodate any one (1) or more of the uses permitted
in the industrial area.
b.
Principal Permitted Uses on the Land and in Buildings.
1.
Offices and office buildings.
2.
Light Industrial plants.
3.
Wholesale distribution centers and warehouses.
4.
Farms.
6.
Storage yards for towed inoperable vehicles as Conditional Uses under N.J.S.A. 40:55D-67. (See subsection 25-6.6i for standards.)
7.
Retail sales of goods and services only on properties with at least
two hundred (200) feet of frontage on State Route 35 and provided
that the lands utilized for the retail uses do not extend further
than seven hundred fifty (750) feet from the right-of-way of State
Route 35 and provided further that the land shall be utilized solely
for retail sales uses. It is the intent of this Ordinance that no
retail uses will be located on the same property with other principal
uses permitted in the "LI" District as specified hereinabove.
h.
Requirements Governing the Development of Luxury Apartments. Notwithstanding
any provisions of this "Land Development Ordinance" to the contrary,
the following requirements shall govern the development of luxury
apartments only within that particular "LI" Light Industrial zoning
district in Aberdeen Township which contains the Aberdeen/Matawan
train station.
1.
Luxury apartments may be developed on tracts of land at least thirteen
(13) acres in size which have direct vehicular access to an existing
public street.
2.
The maximum density shall be twenty (20) apartment units per gross
acre of land, provided that no more than two hundred ninety-one (291)
apartment units may be developed within any single luxury apartment
development.
3.
At least forty (40%) percent of the apartment units shall contain
one (1) bedroom, and no apartment shall contain more than two (2)
bedrooms. Dens shall be permitted if the room is designed with no
closet and no door.
4.
More than one (1) apartment building shall be permitted, provided
that no more than sixty (60) apartment dwelling units shall be permitted
within any one (1) building, and provided further that all buildings
are separated by a distance of at least twenty (20) feet.
5.
Each apartment building shall not exceed four and one-half (4 1/2)
stories and sixty (60) feet in height, and shall be constructed with
elevators.
6.
The height of an apartment building shall be measured from the elevation
of the ground floor subfloor, and it is recognized that the height
above grade will vary due to the topography of a given property.
7.
All buildings within a luxury apartment development shall be totally
covered by a true and complete gable, hip, gambrel or mansard roof,
provided, however, that where roof mounted equipment is proposed for
the operation of the building, a facade roof treatment exhibiting
the appearance of such pitched roofs may be permitted and approved
by the Planning Board during site plan review. However, regardless
of the style of the roof treatment, the elevation of the building
shall have a roof height extending above the building wall equivalent
to at least one-quarter (i.e., twenty-five (25%) percent) of the total
height of the building, and this measurement of roof height shall
not include any eave projecting below the building wall.
8.
Only the following structures may be erected above the actual height
of a building, and such structure shall not exceed more than ten (10)
feet above the actual height of the building:
9.
All portions of all buildings shall be provided both heat alarms
and smoke alarms and, except for outside balconies and attics, all
interior areas of all buildings shall have a wet fire suppression
sprinkler system.
10.
All principal and accessory buildings shall be set back at least
twenty-five (25) feet from all property lines, except that the building
setback distance may be reduced to five (5) feet from a property line
abutting existing open space lands, the Garden State Parkway and/or
a railroad right-of-way.
11.
All parking areas and driveways shall be set back at least ten (10)
feet from all property lines, except that the parking area and driveway
setback distance may be reduced to five (5) feet from a property line
abutting existing open space lands, the Garden State Parkway and/or
a railroad right-of-way.
12.
Off-street parking shall be provided at the minimum ratio of 1.8
spaces per apartment unit, in accordance with the requirements of
the mandated Residential Site Improvement Standards. Parking spaces
shall be nine feet by eighteen (9 x 18) feet in size, provided that
the Planning Board may approve up to forty (40%) percent of the required
spaces to be eight feet by sixteen (8 x 16) feet in size if provided
for compact cars only.
13.
A luxury apartment development shall provide on-site recreational
amenities including, but not limited to a club house area at least
five thousand (5,000) square feet in size and a swimming pool.
14.
Total lot coverage shall not exceed seventy-five (75%) percent.
15.
As luxury apartment development shall be a gated community, with
an entry and security system provided by the operators of the development,
which entry and security system shall be described to the Planning
Board and approved by the Planning Board as part of final site plan
approval.
16.
All streets, driveways, parking areas, lighting and landscaping within
a luxury apartment development shall be maintained by the operators
of the development, at no expense to Aberdeen Township.
17.
In addition to the apartment units provided at the maximum density
of twenty (20) units per gross acre of land area, an on-site model
unit, not intended for occupancy, and a sales office shall be permitted
within the building containing the club house area. All toilet facilities
within the model unit shall not be functional, and shall be labeled
"Display Only: Do Not Use."
18.
A luxury apartment development shall be permitted one (1) ground
mounted monument-type sign identifying the name of the development
at each public street access to the development. Each such sign shall
not exceed ten (10) feet in height, shall be set back at least fifteen
(15) feet from all street and property lines, and shall not exceed
an area of fifty (50) square feet. Additionally, information and directional
signs, each not more than three (3) feet in height and ten (10) square
feet in area, shall be permitted where appropriate and as approved
by the Planning Board, in order to guide traffic to its intended destination
in a safe and convenient manner.
19.
There shall be a maintenance staff on site every day, and all residents
shall be provided with a telephone number to receive emergency services
during the evening and overnight hours; the telephone number also
shall be provided the Aberdeen Township Police Department and the
Township Manager.
20.
Lighting shall be minimal for security and safety purposes, and a
lighting plan shall be submitted indicating the location of the lighting
fixtures, the direction of illumination, the wattage and isolux curves
for each fixture, and the details of the lighting poles and the luminaries,
in accordance with the following:
(a)
The lighting is to be provided by fixtures with a mounting height
not higher than twenty-five (25) feet, measured from the ground level
to the centerline of the light source;
(b)
The lighting fixtures are to include non-glare lights with recessed
lenses focused downward and with cut-off shields as appropriate in
order to mitigate against adverse impacts upon adjacent and nearby
properties, the safety of traffic along adjacent roadways and overhead
skyglow; and
(c)
The light intensity provided at ground level shall be indicated
in footcandles on the submitted plans and shall average not less than
five-tenths (0.5) footcandles at inter-sections and three-tenths (0.3)
footcandles elsewhere in the area to be illuminated, and shall average
not more than one (1.0) footcandle throughout the area to be illuminated.
21.
The landscaping within a luxury apartment development shall be conceived
as a total pattern throughout the tract, integrating the various elements
of the architectural design of the buildings and creating an aesthetically
pleasing environment in accordance with the following:
(a)
The landscaping shall include shade trees, decorative flowering
trees, evergreen trees, shrubs and hedges, ground cover, perennials
and annuals, and may include other materials such as rocks, sculpture,
art, walls, fences and decorative brick or paving materials.
(b)
The dollar amount expenditure for the landscaping shall not
be less than the equivalent expenditure for the planting of at least
twelve (12) shade trees per gross acre of the tract not covered by
buildings and other impervious surfaces, and sufficient information
shall be provided to the Planning Board to confirm this requirement.
(c)
The minimum size of new plants at the time of planting shall
be as follows:
(1)
Shade trees shall have a minimum caliper of two and one-half
(2-1/2) inches measured six (6) inches from ground level, shall have
a standing height of at least ten (10) feet and shall be balled and
burlapped;
(2)
Decorative flowering trees shall have a minimum caliper of one
and one-quarter (1-1/4) inches measured six (6) inches from ground
level, shall have a standing height of at least six (6) feet and shall
be balled and burlapped. Decorative flowering trees shall be well
branched, with the branches starting not less than three (3) feet
above the crown of the root system;
(3)
Evergreen trees shall be at least six (6) feet in height at
time of planting and shall be balled and burlapped; and
(4)
Shrubs and hedges shall be at least eighteen to twenty-four
(18-24) inches at time of planting, depending upon and appropriate
to the species of plant.
(d)
All plants shall be installed in accordance with the American
Nurserymen Guide, latest edition.
(e)
All plant material shall be guaranteed for at least two (2)
years and a written copy of the guarantee executed between the developer
and the nursery or landscape architect installing the plantings shall
be reviewed by the attorney for the Planning Board or the Zoning Board
of Adjustment, as the case may be, prior to the Board granting any
final approval.
22.
An indoor or outdoor recycling area for the collection and storage
of residentially-generated recyclable materials shall be provided
as follows:
(a)
The dimension of the recycling area shall be sufficient to accommodate
recycling bins or containers which are of adequate size and number,
and which are consistent with anticipated usage and with current methods
of collection in the area in which the project is located. The dimensions
of the recycling area and the bins or containers shall be consistent
with the district recycling plan adopted pursuant to Section 3 of
P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13), as amended.
(b)
The recycling area shall be conveniently located for the residential
disposition of source separated recyclable materials preferably near,
but clearly separated from a refuse dumpster.
(c)
The recycling area shall be well lit and shall be safely and
easily accessible by recycling personnel and vehicles. Collection
vehicles shall be able to access the recycling area without interference
from parked cars or other obstacles. Reasonable measures shall be
taken to protect the recycling area, and the bins or containers placed
therein, against theft of recyclable materials, bins or containers.
(d)
The recycling area, and the bins or containers placed therein
shall be designed so as to provided protection against adverse environmental
conditions which might render the collected materials unmarketable.
Any bins or containers which are used for the collection of recyclable
paper or cardboard, and which are located in an outdoor recycling
area, shall be equipped with a lid, or otherwise covered so as to
keep the paper or cardboard dry.
(e)
Signs clearly identifying the recycling area and the materials
accepted therein shall be posted adjacent to all points of access
to the recycling area. Individual bins or containers shall be equipped
with signs indicating the materials to be placed therein.
(f)
Landscaping and/or fencing, at least six (6) feet in height,
shall be provided around any outdoor recycling area and shall be provided
in an aesthetically pleasing manner.
23.
All provision within Section 25-5 of this "Land Development Ordinance" regulating "Improvements and Design Standards," which are not inconsistent with the provisions specified hereinabove, shall govern the design and construction of a luxury apartment development.
24.
A luxury apartment development shall be served by both public water
and public sewerage facilities.
25.
Any approval of a luxury apartment development by the Planning Board
shall be conditioned upon the applicant entering into a Developer's
Agreement with the Aberdeen Township Council regarding monetary contributions
to the Township's Affordable Housing Trust Fund and regarding any
other matters as may be applicable.
27.
In addition to the Environmental Impact Statement required at subsection 25-8.4e of this Land Development Ordinance and the "Traffic Impact Statement" required at subsection 25-8.4d, an applicant for preliminary major site plan approval for a luxury apartment development shall submit a Community Impact Statement containing the following information:
(b)
An analysis of the anticipated number of public school students
projected to be added to the public school system, and the ability
of the existing school facilities to absorb the additional students
projected ten (10) years into the future.
(c)
An analysis of the impact of the development upon existing public
water facilities, existing public sewerage facilities, police protection,
fire protection and recreational facilities.
(d)
An analysis of the revenues expected to be generated from the
development compared to the anticipated costs which the proposed development
is expected to generate.
a.
Purpose. The purpose of the Office-Residential zone is to provide
a transition from the general commercial nature of State Route 34
to the residential character of Oxford Lane. Land uses that are not
adversely affected by the heavily traveled and commercially oriented
highway should be located in this area. However, such development
should not, in turn, include the same range of general commercial
uses found along Route 34. Uses prescribed for this district are intended
to minimize the intrusion of commercial qualities on Oxford Lane.
c.
Accessory Uses Permitted.
2.
Private residential tool sheds not to exceed ten (10) feet in height.
3.
Travel trailers and campers may be parked or stored on the premises,
and their dimensions shall not be counted in determining the total
building coverage. They shall not be used as temporary or permanent
living quarters or used for storage while situated on a lot.
6.
Home professional offices.
d.
(Reserved)
e.
(Reserved)
f.
Gross Floor Area Minimum. The minimum gross floor area for non-residential uses shall be two thousand (2,000) square feet. For residential uses, see subsection 25-4.3, PC zone requirements.
g.
General Requirements for Non-Residential Principal Uses. (Residential
and accessory uses thereto shall comply with applicable requirements
specified elsewhere in this Ordinance.)
1.
One (1) building may contain more than one (1) use, provided that
the total building coverage of the combined uses does not exceed the
maximum building coverage specified for the district.
2.
At least the first ten (10) feet adjacent to any street line shall
not be used for parking and shall be planted and maintained in lawn
area, ground cover, or landscaped with evergreen shrubbery and separated
from the parking area by curbing.
3.
No merchandise or similar material, waste or equipment shall be stored
outside.
4.
All buildings shall be compatibly designed whether constructed all
at one time or in stages over a period of time. Where a side or front
exterior wall in excess of fifty (50) feet is proposed, variations
in design shall be used to provide attractiveness to the building
which shall include changing roof lines and roof designs, altering
building heights, varying facade treatment or staggering the building
setback. Wherever practicable and feasible, buildings shall be oriented
so as to promote the conservation of energy and the use of renewable
energy resources. All building walls visible from any street or residence
shall not include unpainted or painted cinder block or concrete block
walls.
5.
All portions of the property not utilized by buildings or paved surfaces
shall be landscaped utilizing combinations such as landscaped fencing,
shrubbery, lawn area, ground cover, rock formations, contours, existing
foliage and the planting of conifers and/or deciduous trees native
to the area, in order to lessen the visual impact of the structures
and paved areas. The established grades on any site shall be planned
for both aesthetic and drainage purposes. The grading plan, drainage
facilities and landscaping shall be coordinated to prevent erosion
and silting as well as assure that the capacity of any natural or
man-made drainage system is sufficient to handle the water generated
and anticipated both from the site and contributing upstream areas.
6.
Ingress and egress for nonresidential uses shall be from State Route
34 only.
Editor's Note: Former subsection 25-4.13, "FP" Flood Plain,
previously codified herein and containing portions of Ordinance No.
8-1985 was repealed in its entirety by Section 2 of Ordinance No.
11-2002.
Editor's Note: Former subsection 25-4.14, RA-PRD Planned Residential
Development, previously codified herein and containing portions of
Ordinance Nos. 11-1985, 6-1988, 1-1989 and 22-1990 was repealed in
its entirety by Ordinance Nos. 8-2003 and 12-2003.
[Ord. No. 12-2002 § 3; Ord. No. 13-2010]
Editor's Note: Former subsection 25-4.15, TH Townhouse, previously
codified herein and containing portions of Ordinance Nos. 6-1988 and
20-1992 was repealed in its entirety by Ordinance No. 19-1993.
a.
Purpose. The purpose of the "ARAH" Age-Restricted Affordable Housing
zoning district is to provide affordable housing for senior citizen
households in accordance with the "Housing Plan Element & Fair
Share Plan" portion of the Aberdeen Township Master Plan and the "Substantive
Rules" of the New Jersey Council On Affordable Housing (COAH).
b.
Principal Permitted Uses on the Land and in Buildings.
1.
Apartment dwelling units, age-restricted in accordance with the following
requirements and limitations:
(a)
All dwelling units within an ARAH development shall be deed
restricted for occupancy by households with at least one (1) person
fifty-five (55) years of age or older and with no person less than
nineteen (19) years of age, provided that visitors less than nineteen
(19) years of age are permitted for no more than eight (8) weeks during
any twelve (12) month time period.
(b)
The wording of the required deed restriction shall be submitted
by the applicant to the Planning Board for review as part of the application
for final subdivision approval, and the wording shall be reviewed,
modified as necessary, and finally approved by the Township Council
and incorporated within a developer's agreement between the developer
and the Township Council as a condition of any final approval granted
by the Planning Board for an age-restricted housing development.
(c)
The wording of the required deed restriction as finally approved
by the Township Council shall be recited in the Master Deed and the
Homeowners' Association bylaws, which also shall be reviewed and approved
by the Township Council and Planning Board as a condition of any final
approval granted by the Planning Board for an age-restricted housing
development.
2.
Conservation areas, open spaces and common property.
3.
Recreational facilities.
4.
A Senior Citizen Center for Aberdeen Township, which shall contain
at least six thousand (6,000) square feet of gross floor area unless
a lesser size is approved for good cause shown by the applicant.
c.
Size of Tract. The minimum tract size shall be thirteen and one-half
(13.5 ac) acres.
d.
Density and Number of Dwelling Units. The tract of land shall be
developed at an overall tract density not exceeding fifteen (15) dwelling
units per acre, rounded to the nearest whole number, provided that
no less than one hundred ten (110) units shall be constructed as part
of an ARAH development.
e.
COAH Affordable Housing Requirements. All of the dwelling units in
an ARAH development shall be "very low," "low" and "moderate" income
affordable units in accordance with all applicable requirements of
the "Third Round Substantive Rules" of the New Jersey Council Of Affordable
Housing (COAH) (N.J.A.C. 5:97, et seq.) and COAH's "Uniform Housing
Affordability Controls" (N.J.A.C. 5:80, et seq.) shall apply. Regarding
the minimum required one hundred ten (110) units, fifty-five (55)
units shall be provided for "moderate" income households, thirty-seven
(37) for "low" income households, and eighteen (18) for "very low"
income households.
f.
Building Design Requirements.
1.
Each apartment building shall not exceed four and one-half (4 1/2)
stories and seventy-one (71) feet in height measured from grade to
the highest building ridge.
2.
Each building shall be constructed with elevators.
3.
All buildings within an ARAH development shall be totally covered
by a true and complete gable, hip, gambrel or mansard roof, provided,
however, that where roof mounted equipment is proposed for the operation
of the building, a facade roof treatment exhibiting the appearance
of such pitched roofs may be permitted and approved by the Planning
Board during site plan review.
4.
All portions of all buildings shall be provided both heat alarms
and smoke alarms and, except for any outside balconies and attics,
all interior areas of all buildings shall have a "wet" fire suppression
sprinkler system.
5.
Only the following structures may be erected above the actual height
of a building, and such structures shall not exceed more than ten
(10) feet above the actual height of the building:
6.
More than one (1) apartment building shall be permitted, provided
that all buildings are separated by a distance of at least twenty
(20) feet.
7.
All buildings shall be set back at least fifty (50) feet from all
street right-of-way lines and fifteen (15) feet from all other property
lines.
g.
Parking Requirements.
1.
Off-street parking shall be provided at the minimum ratio of one
(1.0) space per apartment unit, in accordance with the allowances
of the "Residential Site Improvement Standards."
2.
Parking spaces shall be nine feet by eighteen (9 x 18) feet in size.
3.
All parking areas and driveways shall be set back at least ten (10)
feet from all property lines.
h.
Permitted Signs.
1.
An ARAH development shall be permitted one (1) ground-mounted monument-type
sign identifying the name of the development at each public street
access to the development. Each such sign shall not exceed ten (10)
feet in height, shall be set back at least fifteen (15) feet from
all street and property lines, and shall not exceed an area of fifty
(50) square feet.
2.
Additionally, information and directional signs, each not more than
three (3) feet in height and ten (10) square feet in area, shall be
permitted, where appropriate and as approved by the Planning Board,
in order to guide traffic to its intended destination in a safe and
convenient manner.
i.
Lighting Requirements.
1.
Lighting shall be minimal for security and safety purposes, and a
point-by-point lighting plan shall be submitted indicating the location
of the lighting fixtures, the direction of illumination, the wattage
and footcandle levels of illumination for each fixture, and the details
of the lighting poles and the luminaries.
2.
The lighting is to be provided by fixtures with a mounting height
not higher than twenty-five (25) feet, measured from the ground level
to the centerline of the light source.
3.
The lighting fixtures are to include non-glare lights with recessed
lenses focused downward and with "cut-off" shields as appropriate
in order to mitigate against adverse impacts upon adjacent and nearby
properties, the safety of traffic along adjacent roadways and overhead
skyglow.
4.
The light intensity provided at ground level shall be indicated in
footcandles on the submitted plans and shall average not less than
five-tenths (0.5) footcandles at intersections and three-tenths (0.3)
footcandles elsewhere in the area to be illuminated, and shall average
not more than one (1.0) footcandle throughout the area to be illuminated.
j.
Landscaping Requirements.
1.
The landscaping within an ARAH development shall be conceived as
a total pattern throughout the tract, integrating the various elements
of the architectural design of the buildings and creating an aesthetically
pleasing environment.
2.
The landscaping shall include shade trees, decorative flowering trees,
evergreen trees, shrubs and hedges, ground cover, perennials and annuals,
and may include other materials such as rocks, sculpture, art, walls,
fences and decorative brick or paving materials.
3.
The dollar amount expenditure for the landscaping shall not be less
than the equivalent expenditure for the planting of at least twelve
(12) shade trees per gross acre of the tract not covered by buildings
and other impervious surfaces, and sufficient information shall be
provided to the Planning Board to confirm this requirement.
4.
The minimum size of new plants at the time of planting shall be as
follows:
(a)
Shade trees shall have a minimum caliper of two and one-half
(2 1/2) inches measured six (6) inches from ground level, shall
have a standing height of at least ten (10) feet and shall be balled
and burlapped;
(b)
Decorative flowering trees shall have a minimum caliper of one
and one-quarter (1 1/4) inches measure six (6) inches from ground
level, shall have a standing height of at least six (6) feet and shall
be balled and burlapped. Decorative flowering trees shall be well
branched, with the branches starting not less than three (3) feet
above the crown of the root system;
(c)
Evergreen trees shall be at least six (6) feet in height at
time of planting and shall be balled and burlapped; and
(d)
Shrubs and hedges shall be at least eighteen to twenty-four
(18—24) inches at time of planting, depending upon and appropriate
to the species of plant.
5.
All plants shall be installed in accordance with the American Nurserymen
Guide, latest edition.
6.
All plant material shall be guaranteed for at least two (2) years
and a written copy of the guarantee executed between the developer
and the nursery or landscape architect installing the plantings shall
be reviewed by the attorney for the Planning Board prior to the Board
granting any final approval.
k.
Recycling Requirements. An indoor or outdoor recycling area for the
collection and storage of residentially-generated recyclable materials
shall be provided as follows:
1.
The dimension of the recycling area shall be sufficient to accommodate
recycling bins or containers which are of adequate size and number,
and which are consistent with anticipated usage and with current methods
of collection in the area in which the project is located. The dimensions
of the recycling area and the bins or containers shall be consistent
with the district recycling plan adopted pursuant to Section 3 of
P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13), as amended.
2.
The recycling area shall be conveniently located for the residential
disposition of source separated recyclable materials preferably near,
but clearly separated from, a refuse dumpster.
3.
The recycling area shall be well lit and shall be safely and easily
accessible by recycling personnel and vehicles. Collection vehicles
shall be able to access the recycling area without interference from
parked cars or other obstacles. Reasonable measures shall be taken
to protect the recycling area, and the bins or containers placed therein,
against theft of recyclable materials, bins or containers.
4.
The recycling area, and the bins or containers placed therein, shall
be designed so as to provide protection against adverse environmental
conditions which might render the collected materials unmarketable.
Any bins or containers which are used for the collection of recyclable
paper or cardboard, and which are located in an outdoor recycling
area, shall be equipped with a lid, or otherwise covered so as to
keep the paper or cardboard dry.
5.
Signs clearly identifying the recycling area and the materials accepted
therein shall be posted adjacent to all points of access to the recycling
area. Individual bins or containers shall be equipped with signs indicating
the materials to be placed therein.
6.
Landscaping and/or fencing, at least six (6) feet in height, shall
be provided around any outdoor recycling area and shall be provided
in an aesthetically pleasing manner.
l.
Additional Requirements.
1.
An ARAH development shall be served by both public water and public
sewerage facilities.
2.
An ARAH development shall provide on-site recreational amenities
for the residents of the development.
3.
An ARAH development shall provide, at no cost to Aberdeen Township,
a Senior Citizen Center for use by the residents of the Township.
4.
There shall be a maintenance staff on site every day, and all residents
shall be provided with a telephone number to receive emergency services
during the evening and overnight hours; the telephone number also
shall be provided the Aberdeen Township Police Department and the
Township Manager.
[Ord. No. 6-1988; Ord. No. 20-1992; Ord.
No. 19-1993]
a.
Purpose. The purpose of the "R-70" District is to provide specific
and separate zoning provisions controlling the development of two
(2) tracts of land in the Township, commonly known as "Heather Glen
At Aberdeen" (Block 12; Lots 1—5 and 8: approximately 17.6 acres)
and "The Orchards At Aberdeen" (Block 10; Lots 1—6 and Block
4; Lots 1—2: approximately 28.92 acres), by Order of the Superior
Court of New Jersey in resolution of the "Mt. Laurel II" related litigation
known as V & G Builders, Inc. vs. The Township of Aberdeen, docket
number L-074780-84PW, and BHJ Associates vs. The Township of Aberdeen,
docket number L-221143-85PW.
c.
Accessory Uses Permitted.
2.
Private residential tool sheds not to exceed ten (10) feet in height.
3.
Travel trailers and campers may be parked or stored on the premises,
and their dimensions shall not be counted in determining the total
building coverage. They shall not be used as temporary or permanent
living quarters or used for storage while situated on a lot.
6.
Home professional offices.
d.
Density. The tract of land shall be developed at an overall tract density of two and two-tenths (2.2) dwelling units per gross acre of land, rounded to the nearest whole unit number, except that the density may be increased to up to two and six-tenths (2.6) dwelling units per gross acre of land, also rounded to the nearest whole unit number, in accordance with the "'Mt. Laurel' Housing Requirements" specified in subsection 25-4.16g of this Ordinance hereinbelow.
e.
Maximum Building Height. No building shall exceed thirty-five (35)
feet and two and one-half (2 1/2) stories and height.
f.
Area and Yard Requirements.
|
"R-70" District Single-Family Detached Dwellings
| |
|---|---|
|
Principal Building
| |
|
Minimum
| |
|
Lot area(1)
|
7,500 sq. ft.
|
|
Lot frontage(2)(3)
|
70 ft.
|
|
Lot width(2)
|
70 ft.
|
|
Lot depth
|
100 ft.
|
|
Side yard (each)(4)
|
9 ft.
|
|
Front yard(4)
|
25 ft.
|
|
Rear yard(4)
|
25 ft.
|
|
Accessory Building
| |
|
Minimum
| |
|
Distance to side line
|
3 ft.
|
|
Distance to rear line
|
3 ft.
|
|
Distance to other building
|
10 ft.
|
|
Maximum
| |
|
Combined building coverage of principal and accessory
buildings
|
25%
|
|
Footnotes:
|
|
(1) Except that up to ten (10%) percent of the lots
may have a lot area not less than seven thousand (7,000) square feet,
provided such lots are located in the interior portion of the tract
and do not abut any tract boundary line.
|
|
(2) Except that those permitted lots with a lot
area between seven thousand (7,000) square feet and seven thousand
five hundred (7,500) square feet may have a lot frontage and a lot
width of no less than sixty (60) feet.
|
|
(3) Except that the lot frontage may be reduced
to not less than forty (40) feet on curved alignments with an outside
radius of less than five hundred (500) feet measured from the centerline
of the street.
|
|
(4) Except that a first floor entry deck may be
attached to the principal building, but shall not be less than seven
(7) feet to any property line.
|
g.
"Mt. Laurel" Housing Requirements.
1.
By order of the Superior Court of New Jersey, in resolution of "Mt.
Laurel II" related litigation known as V & G Builders Inc. vs.
The Township of Aberdeen, docket number L-074780-84PW, and BHJ Associates
vs. The Township of Aberdeen, docket L-221143-85PW, developers within
the "R-70" Single-Family Residential District shall be responsible
for monetary contributions in lieu of the actual construction of low
and moderate income housing units on-site in accordance with the following:
(a)
A developer shall contribute twenty thousand ($20,000) dollars
per unit for twenty (20%) percent of the units, rounded upward to
the nearest whole number, to be developed at a density up to two and
two-tenths (2.2) dwelling units per acre, to be utilized as follows:
(1)
Forty and one-half (40.5%) percent of the contribution shall
be deposited in a fund entitled "Reserved For Woodfield Sewer Lateral
Connections" established by the Township of Aberdeen for providing
subsidies for sewer lateral connections to existing low and moderate
income dwelling units in the Woodfield area of the Township; and
(2)
Fifty-nine and one-half (59.5%) percent of the contribution
shall be deposited in a fund entitled "Reserve for Freneau Area Infrastructural
Improvements" established by the Township of Aberdeen for the construction
of sewer, water and roadway infrastructural construction improvements
in the Freneau area of the Township.
(b)
A developer shall contribute an additional ten thousand ($10,000)
dollars for eighty (80%) percent of any additional units, rounded
upward to the nearest whole number, to be developed at a density between
two and two-tenths (2.2) and two and six-tenths (2.6) dwelling units
per acre, to be utilized as follows:
(1)
Five and one-half (5.5%) percent of the contribution shall be
deposited in the fund entitled "Reserve For Woodfield Sewer Lateral
Connections;" and
(2)
Ninety-four and one-half (94.5%) percent of the contribution
shall be deposited in the fund entitled "Reserve For Freneau Area
Infrastructural Improvements."
(c)
The maximum number of units permitted by this Ordinance and
the total required monetary contributions are calculated as follows
for the "Lloyd Road" tract (Block 10; Lots 1—6 and Block 4;
Lots 1—2, commonly referred to as "The Orchards At Aberdeen")
and for the "Line Road" tract (Block 12; Lots 1—5 and 8, commonly
referred to as "Heather Glen"):
|
Tract
|
Acreage
|
Total Unit @ Density
|
Units Contributing
|
$ Amount Per Unit
|
Total Contribution
|
|---|---|---|---|---|---|
|
Lloyd Road
|
28.92 ac
|
64du @ 2.2du/ac
plus
|
13 (20%)
|
$20,000
|
$260,000
|
|
11du @ to 2.6du/ac
75 units
|
9 (80%)
|
$10,000
|
$90,000
$350,000
| ||
|
Line Road
|
17.6 ac
|
38du @ 2.2du/ac
38 units
|
8 (20%)
|
$20,000
|
$160,000
$160,000
|
(d)
The three hundred fifty thousand ($350,000) dollars total monetary contribution resulting from the development of the "Lloyd Road" tract shall be apportioned to the "Reserve For Woodfield Sewer Lateral Connections" fund and the "Reserve For Freneau Area Infrastructural Improvements" fund in accordance with subsections 25-4.16g1(a) and 25-4.16g1(b) hereinabove and shall be contributed by the developer in the following manner:
(1)
Ninety-five thousand two hundred ($95,200) dollars within seventy-five
(75) days after a resolution of final major subdivision approval is
adopted by the Aberdeen Township Planning Board;
(2)
One hundred forty-one thousand fifty ($141,050) dollars upon
application for a building permit for the first dwelling unit to be
constructed or upon the sale of any lot, whichever first occurs; and
(3)
Two thousand eight hundred forty-three dollars and seventy-five
($2,843.75) cents per dwelling unit payable within fifteen (15) days
after the issuance of a Certificate of Occupancy for each of the first
forty (40) dwelling units.
(e)
The one hundred sixty thousand ($160,000) dollars total monetary contribution resulting from the development of the "Line Road" tract shall be apportioned to the "Reserve For Woodfield Sewer Lateral Connections" fund and the "Reserve For Freneau Area Infrastructural Improvements" fund in accordance with subsection 25-4.16g1(a) hereinabove and shall be contributed by the developer in the following manner:
(1)
Forty-three thousand five hundred ($43,500) dollars within seventy-five
(75) days after a resolution of final major subdivision approval is
adopted by the Aberdeen Township Planning Board;
(2)
Sixty-four thousand five hundred ($64,500) dollars upon application
for a building permit for the first dwelling unit to be constructed
or upon the sale of any lot, whichever first occurs; and
(3)
Two thousand six hundred ($2,600) dollars per dwelling unit
payable within fifteen (15) days after the issuance of a Certificate
of Occupancy for each of the first twenty (20) dwelling units.
h.
General Requirements.
1.
No lot shall be located closer than one hundred (100) feet along
any common property line with an active railroad right-of-way; said
land area shall be part of the common open space lands within the
development and shall be heavily landscaped and otherwise improved
for recreational purposes as specifically approved by the Planning
Board.
2.
Regarding the "R-70" District along Lloyd Road, a minimum three (3) acre parcel of land with frontage along Lloyd Road shall be subdivided from the overall tract and dedicated to the Township of Aberdeen for "public purpose use." Said land area may be included in the calculation of the required "common open space" pursuant to subsection 25-4.16i of this chapter hereinbelow.
3.
All other applicable requirements of this chapter shall apply.
i.
Common Open Space Requirements.
1.
Land area equal to a minimum of twenty-five (25%) percent of the
tract of land proposed for residential development shall be left undeveloped
and set aside for conservation, open space, recreation and/or other
common open space. Of the twenty-five (25%) percent common open space
land, an area equivalent to at least two hundred (200) square feet
per dwelling unit shall be specified on the site plan and approved
by the developer as active recreational areas for use by the residents
of the development.
2.
The Township shall review the submitted common open space plan in
the context of the particular development proposal and the particular
characteristics of the subject land area. In any case, the lands shall
be improved as may be necessary to best suit the purpose(s) for which
they are intended.
3.
Common open space lands shall be owned and maintained by an open
space organization or trust as provided in N.J.S.A. 40:55D-43 and
stipulated therein.
4.
In the event that the organization created for common open space
management shall fail to maintain any open space or recreation area
in a reasonable order and condition in accordance with the approved
site plan, the Township may serve notice upon such organization or
upon the owners of the development, setting forth the manner in which
the organization has failed to maintain such areas in reasonable conditions,
and said notice shall include a demand that such deficiencies of maintenance
be cured within thirty (30) days thereof and shall set the date and
place of a hearing thereon which shall be held within fifteen (15)
days of the notice. At such hearing the Township may modify the terms
of the original notice as to the deficiencies and may give an extension
of time not to exceed sixty-five (65) days, within which time the
deficiencies shall be cured.
(a)
If the deficiencies set forth in the original notice or in modifications
thereof shall not be cured within said thirty (30) days or any extension
thereof, the Township, in order to preserve the common open space
and maintain the same for a period of one (1) year, may enter upon
and maintain such land. Said entry and said maintenance shall not
vest in the public any rights to use the open space and recreation
areas except when the same is voluntarily dedicated to the public
by the owners.
(b)
Before the expiration of said year, the Township shall, upon
its initiative or upon the request of the organization theretofore
responsible for the maintenance of said areas, call a public hearing
upon fifteen (15) days written notice to such organization and to
the owners of the development to be held by the Township, at which
hearing such organization and owners of the development shall show
cause why such maintenance by the municipality shall not, at the election
of the Township, continue for a succeeding year. If the Township shall
determine that such organization is ready and able to maintain such
open space and recreation areas in reasonable condition, the Township
shall cease to maintain such open space and recreation areas at the
end of said year. If the Township shall determine such organization
is not ready and able to maintain said open space and recreation areas
in a reasonable condition, the Township may, in its discretion, continue
to maintain said open space and recreation areas during the next succeeding
year and, subject to a similar hearing, a determination in each year
thereafter. The decision of the Township in any case shall constitute
a final administrative decision subject to judicial review.
(c)
The cost of such maintenance by the Township shall be assessed
pro rata against the properties within the development that have a
right of enjoyment of the open space in accordance with the assessed
value at the time of imposition of the lien, and shall become a lien
and tax on said properties and be added to and be a part of the taxes
to be levied and assessed thereon, and enforced and collected with
interest by the Township in the same manner as other taxes.
[Amended 6-21-2018 by Ord. No. 17-2018[1]]
a.
Purpose. The purpose of the AHO-1 Affordable Housing Overlay District
is to provide development that contributes to the Township of Aberdeen's
municipal affordable housing obligation. There is hereby established
the AHO-1 Affordable Housing Overlay District. The AHO-1 Affordable
Housing Overlay District shall consist of:
1.
The entire NC (Neighborhood Commercial) zone located along Lower
Main Street identified as Site A on the Affordable Housing Sites Plan
of the Housing Element and Fair Share Plan prepared by T&M Associates,
dated May 23, 2018.
2.
Block 155, Lots 2, 3, 4 and 5 - Residential Properties adjacent to
Glassworks identified as Site C on the Affordable Housing Sites Plan
of the Housing Element and Fair Share Plan prepared by T&M Associates,
dated May 23, 2018.
3.
Block 231, Lots 2, 3 and 4 - Commercial site along Route 35 identified
as Site D on the Affordable Housing Sites Plan of the Housing Element
and Fair Share Plan prepared by T&M Associates dated May 23, 2018.
b.
Permitted Uses. Mixed-use buildings, subject to the following conditions
and requirements:
1.
A "mixed-use building" shall be defined as: a building of two or
more stories with a minimum of the ground floor consisting of exclusively
nonresidential uses, with the exception of residential entrances and/or
lobby areas, and a minimum of one floor of residential uses over one
or more floors of permitted nonresidential uses. For purposes of this
definition, nonresidential uses shall include: retail and personal
sales, service uses, office, storage and equipment facilities, community
rooms and off-street parking.
2.
Residential apartments above nonresidential uses may be permitted in any structure containing a nonresidential use that is permitted pursuant to § 25-4.5, NC Neighborhood Commercial Zone, except that restaurants, bars, and taverns, and drive-in facilities shall not be permitted.
3.
The residential use shall be located on the second floor and higher.
4.
The entrance for the residential use shall be separate from that
of the nonresidential use.
c.
Development Standards for Site A (NC Zone Along Lower Main Street).
1.
Maximum permitted building height: Three stories or 45 feet.
2.
Maximum residential density: 16 dwelling units per acre.
3.
Maximum impervious surface coverage: 80%.
4.
Minimum principal building front yard setback: 10 feet.
5.
Minimum principal building side yard setback: 10 feet.
6.
Minimum principal building rear yard setback: 20 feet.
7.
Off-street parking requirements.
(a)
For mixed-use development, the number of off-street parking
spaces required shall be the sum of the requirements for the various
individual uses.
(b)
The required number of off-street parking spaces may be reduced
as established below:
(1)
The required number of spaces may be reduced by one space for
each on-street parking space immediately adjacent to the lot line
of the property with a mixed-use building.
(2)
The required number of spaces for a commercial or personal service
establishment portion of a mixed-use development may be reduced to
three spaces for each 1,000 square feet of floor area.
(c)
All other parking requirements shall comply with the "Residential
Site Improvement Standards" (RSIS) and:
d.
Development Standards for Site C (Block 155 Lots 2, 3, 4 and 5).
1.
Maximum permitted building height: Three stories or 45 feet.
2.
Maximum residential density: 16 dwelling units per acre.
3.
Maximum impervious surface coverage: 80%.
5.
Minimum tract size: two acres.
6.
Off-street parking requirements.
(a)
For mixed-use development, the number of off-street parking
spaces required shall be the sum of the requirements for the various
individual uses.
(b)
All other parking requirements shall comply with the Residential
Site Improvement Standards (RSIS)[2] and:
(1)
Off-street parking shall be provided at the minimum ratio of
1.0 space per apartment unit.
(2)
Parking spaces shall be nine feet by 18 feet in size.
(3)
All parking areas and driveways shall be set back at least 10
feet from all property lines.
[2]
Editor's Note: See N.J.A.C. 5:21-1.1 et seq.
e.
Development Standards for Site D (Block 231 Lots 2,3 and 4).
1.
Maximum permitted building height: Four stories or 60 feet.
2.
Maximum residential density: 16 dwelling units per acre.
3.
Maximum impervious surface coverage: 80%.
5.
Minimum tract size: five acres total tract area.
6.
Off-street parking requirements.
(a)
For mixed-use development, the number of off-street parking
spaces required shall be the sum of the requirements for the various
individual uses.
(b)
All other parking requirements shall comply with the Residential
Site improvement Standards (RSIS)[3] and:
(1)
Off-street parking shall be provided at the minimum ratio of
1.0 space per apartment unit.
(2)
Parking spaces shall be nine feet by 18 feet in size.
(3)
All parking areas and driveways shall be set back at least 10
feet from all property lines.
[3]
Editor's Note: See N.J.A.C. 5:21-1.1 et seq.
f.
Affordable Housing Requirements.
1.
A minimum of 15% of rental units and 20% of for-sale units shall
be affordable to very-low-, low-, and moderate-income households.
2.
At least 50% of the affordable units shall be affordable to very-low-
and low-income households. If only one affordable unit is created
in a project, the unit shall be a very-low- or low-income unit.
3.
The units designated as very-low-, low-, or moderate-income units
may be rented or sold only to very-low-, low-, or moderate-income
households.
4.
The affordable units shall be affirmatively marketed to the housing
region in accordance with the Township's Affirmative Marketing Plan.
5.
Affordability controls shall be maintained for a minimum of 30 years
and thereafter until the Township of Aberdeen takes action to release
the affordability controls.
[Added 6-21-2018 by Ord.
No. 17-2018]
a.
Purpose. The purpose of the AHO-2 Affordable Housing Overlay District
is to provide development that contributes to the Township of Aberdeen's
municipal affordable housing obligation. There is hereby established
the AHO-2 Affordable Housing Overlay District, which shall consist
of the area as shown on the Township of Aberdeen's Tax Map as:
1.
Block 11 Lots 1 and 2 - Industrial site along Lloyd Road and the
Garden State Parkway identified as Site B on the Affordable Housing
Sites Plan of the Housing Element and Fair Share Plan prepared by
T&M Associates dated May 23, 2018.
2.
Block 12 Lot 7.01 - Office property along Line Road identified as
Site E on the Affordable Housing Sites Plan of the Housing Element
and Fair Share Plan prepared by T&M Associates dated May 23, 2018.
b.
Permitted Uses.
1.
Principal Uses.
(a)
Multifamily Housing. Multifamily residential apartments or townhouses
may be permitted to provide areas where additional multifamily development
can take place.
2.
Accessory Uses:
(a)
Community clubhouse building,
(b)
Swimming pools.
(c)
Common open space and public gathering areas,
(d)
Tot lots.
(e)
Maintenance facilities/sheds/garages.
(f)
Signs.
(g)
Fences, hedges, walls, and decorative landscape features.
(h)
Solid waste and recycling facilities to support the development.
(i)
Other customary accessory uses and structures that are clearly
incidental to the principal structures and uses.
c.
Development Standards for Site B (Block 11, Lots 1 and 2).
1.
Maximum permitted building height: Three stories or 38 feet.
2.
Maximum building coverage: 30% of the net lot area [the developable
portions of the lot(s)].
3.
Maximum residential density: 16 dwelling units per acre.
6.
Minimum tract sizes: five acres.
d.
Development Standards for Site E (Block 12, Lot 7.01).
1.
Maximum permitted building height: Three stories or 38 feet.
2.
Maximum building coverage: 30% of the net lot area [the developable
portions of the lot(s)].
3.
Maximum residential density: 12 dwelling units per acre.
e.
Affordable Housing Requirements.
1.
A minimum of 15% of rental units and 20% of for-sale units shall
be affordable to very-low-, low-, and moderate-income households.
2.
At least 50% of the affordable units shall be affordable to very-low-
and low-income households. If only one affordable unit is created
in a project, the unit shall be a very-low- or low-income unit.
3.
The units designated as very-low-, low-, or moderate-income units
may be rented or sold only to very-low-, low-, or moderate-income
households.
4.
The affordable units shall be affirmatively marketed to the housing
region in accordance with the Township's Affirmative Marketing Plan.
5.
Affordability controls shall be maintained for a minimum of 30 years
and thereafter until the Township of Aberdeen takes action to release
the affordability controls.
[Added 6-21-2018 by Ord.
No. 18-2018]
a.
Purpose. The purpose of the Inclusionary Development District A zoning
district is to provide an opportunity for the creation of an inclusionary
housing development in accordance with the Housing Plan Element and
Fair Share Plan, which was adopted on June 6, 2018, and applicable
statutory requirements.
c.
Accessory Uses Permitted.
1.
Off-street parking and private garages.
2.
Mailboxes, lamp posts, flagpoles, driveways, paths and sidewalks.
3.
Fences, walls and retaining walls.
4.
Signage, as permitted in this section.
5.
Solid waste and recycling enclosures.
6.
Patios, terraces and decks attached to principal structures in accordance
with an approved site plan.
7.
Recreation center for the exclusive use of residents of a development
and their guests, the design of which shall complement the design
of the principal buildings.
8.
Outdoor recreation facilities, such as tennis and basketball courts,
tot lots and similar facilities.
9.
Gazebos.
10.
Benches.
11.
Stormwater management basins and facilities, including structures
for collection, treatment and discharge.
12.
Essential services.
13.
Common areas, open space and conservation areas.
d.
Size of the Tract. The minimum tract size shall be 9.5 acres.
e.
Density and Number of Dwelling Units. The tract shall be developed
at an overall density not exceeding eight dwelling units per acre,
rounded to the nearest whole number, and subject to the following
additional limitations and requirements:
1.
No less than 20% or 16 of the total number of units constructed,
whichever is greater, shall be apartment dwelling units.
(a)
In computing the required number of apartment dwelling units,
the requirement shall be rounded to the nearest whole number such
that: any portion of a unit less than 1/2 unit shall not be considered
and, thus, rounded down; and, any portion of a unit that is greater
than or equal to 1/2 unit shall be considered and, thus, rounded up.
f.
Affordable Housing Requirements. All apartment dwelling units shall
be very-low-, low-, and moderate-income affordable units in accordance
with all applicable statutory requirements (e.g., N.J.A.C. 5:97 et
seq.;[1] N.J.A.C. 5:80 et seq.) and the following additional limitations
and requirements:
1.
No more than 50%, rounded down to the nearest whole number, shall
be moderate-income units.
2.
No less than 13%, rounded up to the nearest whole number, shall be
very-low-income units.
[1]
Editor's Note: N.J.A.C. 5:97 is reserved.
g.
Building Design Requirements.
1.
Each building shall not exceed 2 1/2 stories and 35 feet in
height measured from grade to the highest building ridge.
2.
All buildings shall be totally covered by a true and complete gable,
hip, gambrel or mansard roof; provided, however, that where roof-mounted
equipment is proposed for the operation of the building, a facade
roof treatment exhibiting the appearance of such pitched roofs may
be permitted and approved by the Planning Board during site plan review.
3.
All portions of all buildings shall be provided both heat alarms
and smoke alarms and, except for any outside balconies and attics,
all interior areas of all buildings shall have a "wet" fire suppression
sprinkler system.
4.
Only the following structures may be erected above the actual height
of a building, and such structures shall not exceed more than 10 feet
above the actual height of the building:
5.
All buildings shall be set back at least 50 feet from all existing
street right-of-way lines, 30 feet from property lines abutting nonresidential
properties, and 50 feet from property lines abutting existing residential
properties.
(a)
For the purposes of this section, decks attached to buildings
shall not be considered to be part of the building and shall be exempt
from the setback requirements specified above. Decks shall be set
back a minimum of 24 feet from property lines abutting nonresidential
properties, and 44 feet from property lines abutting existing residential
properties.
6.
No building shall be closer than 26 feet to any proposed right-of-way
or access road on the development tract that links to an existing
right-of-way.
7.
Buildings containing residential apartment dwelling units shall contain
no more than 16 such units.
8.
Buildings containing townhouse dwelling units shall contain no more
than 10 such units.
9.
Maximum building coverage shall be limited to 25% of the total tract
area.
10.
The bedroom distribution of townhouse units shall be: 20% one-bedroom
units; 40% two-bedroom units; and, 40% three-bedroom units.
h.
Parking Requirements.
1.
Off-street parking shall be provided in accordance with the requirements
of the Residential Site Improvement Standards (i.e., N.J.A.C. 5:21
et seq.).
2.
All parking areas and driveways shall be set back at least 15 feet
from all property lines abutting existing residential properties.
3.
All parking areas shall be set back at least 10 feet from all buildings.
4.
All parking areas and drivelines shall be set back at least 15 feet
from all property lines abutting nonresidential properties, except
that culs-de-sac and similar areas may be set back up to five feet
from abutting nonresidential properties.
i.
Permitted Signs.
1.
Each development shall be permitted one ground-mounted, monument-type
sign identifying the name of the development at each public street
access to the development. Each such sign shall not exceed 10 feet
in height, shall be set back at least 15 feet from all street and
property lines, and shall not exceed an area of 50 square feet.
2.
Additionally, information and directional signs, each not more than
three feet in height and 10 square feet in area, shall be permitted,
where appropriate and as approved by the Planning Board, in order
to guide traffic to its intended destination in a safe and convenient
manner.
j.
Lighting Requirements.
1.
Lighting shall be minimal for security and safety purposes, and a
point-by-point lighting plan shall be submitted indicating the location
of the lighting fixtures, the direction of illumination, the wattage
and footcandle levels of illumination for each fixture, and the details
of the lighting poles and the luminaries.
2.
The lighting is to be provided by fixtures with a mounting height
not higher than 25 feet, measured from the ground level to the center
line of the light source.
3.
The lighting fixtures are to include nonglare lights with recessed
lenses focused downward and with cutoff shields as appropriate in
order to mitigate against adverse impacts upon adjacent and nearby
properties, the safety of traffic along adjacent roadways and overhead
skyglow.
4.
The light intensity provided at ground level shall be indicated in
footcandles on the submitted plans and shall average not less than
5/10 footcandle at intersections and 3/10 footcandle elsewhere in
the area to be illuminated and shall average not more than 1.0 footcandle
throughout the area to be illuminated.
k.
Landscaping Requirements.
1.
Landscaping shall be conceived as a total pattern throughout the
tract, integrating the various elements of the architectural design
of the buildings and creating an aesthetically pleasing environment.
2.
The landscaping shall include shade trees, decorative flowering trees,
evergreen trees, shrubs and hedges, ground cover, perennials and annuals,
and may include other materials such as rocks, sculpture, art, walls,
fences and decorative brick or paving materials.
3.
The dollar amount expenditure for the landscaping shall not be less
than the equivalent expenditure for the planting of at least 12 shade
trees per gross acre of the tract not covered by buildings and other
impervious surfaces, and sufficient information shall be provided
to the Planning Board to confirm this requirement.
4.
The minimum size of new plants at the time of planting shall be as
follows:
(a)
Shade trees shall have a minimum caliper of 2 1/2 inches,
measured six inches from ground level, and shall have a standing height
of at least 10 feet and shall be also balled and burlapped.
(b)
Decorative flowering trees shall have a minimum caliper of 1 1/4
inches, measured six inches from ground level, and shall have a standing
height of at least six feet and shall also be balled and burlapped.
Decorative flowering trees shall be well branched, with the branches
starting not less than three feet above the crown of the root system.
(c)
Evergreen trees shall be at least six feet in height at time
of planting and shall be balled and burlapped.
(d)
Shrubs and hedges shall be at least 18 inches to 24 inches at
the time of planting, depending upon and appropriate to the species
of plant.
5.
All plants shall be installed in accordance with the American Nurserymen
Guide, latest edition.
6.
All plant material shall be guaranteed for at least two years and
a written copy of the guarantee executed between the developer and
the nursery or landscape architect installing the plantings shall
be reviewed by the attorney for the Planning Board prior to the Board
granting any final approval.
l.
Recycling Requirements.
1.
An indoor or outdoor recycling area for the collection and storage
of recyclable materials generated by the apartment dwelling units
shall be provided as follows:
(a)
The dimension of the recycling area shall be sufficient to accommodate
recycling bins or containers that are of adequate size and number,
and that are consistent with anticipated usage and with current methods
of collection in the area in which the project is located. The dimensions
of the recycling area and the bins or containers shall be consistent
with the district recycling plan adopted pursuant to Section 3 of
P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13), as amended.
(b)
The recycling area shall be conveniently located for the residential
disposition of source-separated recyclable materials preferably near,
but clearly separated from, a solid waste container.
(c)
The recycling area shall be well lit and shall be safely and
easily accessible by recycling personnel and vehicles. Collection
vehicles shall be able to access the recycling area without interference
from parked cars or other obstacles. Reasonable measures shall be
taken to protect the recycling area, and the bins or containers placed
therein, against theft of recyclable materials, bins or containers.
(d)
The recycling area, and the bins or containers placed therein,
shall be designed so as to provide protection against adverse environmental
conditions which might render the collected materials unmarketable.
Any bins or containers which are used for the collection of recyclable
paper or cardboard, and which are located in an outdoor recycling
area, shall be equipped with a lid, or otherwise covered so as to
keep the paper or cardboard dry.
(e)
Signs clearly identifying the recycling area and the materials
accepted therein shall be posted adjacent to all points of access
to the recycling area. Individual bins or containers shall be equipped
with signs indicating the materials to be placed therein.
(f)
Landscaping and fencing, at least six feet in height, shall
be provided around any outdoor recycling area and shall be provided
in an aesthetically pleasing manner.
m.
Additional Requirements.
1.
All developments shall be served by both public water and public
sewerage facilities, access to which shall be provided at the expense
of the developer.
2.
All developments shall provide on-site recreational amenities for
the exclusive use of residents and their guests. The area devoted
to such amenities shall be at least 10,000 square feet.
3.
There shall be a maintenance service available to residents of the
apartment dwelling units, and all residents of such units shall be
provided with a telephone number to receive emergency maintenance
services at all times; the telephone number shall also be provided
to the Aberdeen Township Police Department and Aberdeen Township Manager.
4.
All utilities shall be installed underground.
5.
The developer shall establish and convey appropriate utility easements
to the appropriate utility service provider.
a.
Requirements. All improvements shall be installed in accordance with
the design standards of this section and with all other applicable
municipal, County, State and Federal regulations. Should improvements
be required which are not provided for within the particular subsections
of this section, or should the applicable design standards set forth
herein be impracticable due to unusual circumstances affecting the
site or the project which would cause the implementation of such applicable
standards to contravene the purposes of this chapter, then such improvements
shall be designed and constructed in accordance with good engineering
practice and recognized design standards and subject to review and
approval by the Board and Township Engineer.
b.
Standard Specifications and Construction Details. The Standard Specifications
for Road and Bridge Construction of the New Jersey Department of Transportation
(latest edition), including all addenda, and the Standard Construction
Details of the New Jersey Department of Transportation (latest revision)
as modified, supplemented, amended or superseded by the requirements
of this section, by the approved final plat or plan, by particular
agreement among the Board, Governing Body and subdivider, or by other
applicable municipal, County, State or Federal regulations, shall
govern the completion of the required improvements. Such Standard
Specifications and Standard Construction Details are hereby made a
part of this section by reference.
a.
Relationship to Master Plan and Official Map. All subdivision plats
and site plans shall conform to design standards that will encourage
desirable development patterns within the Township and promote the
conservation of energy and the use of renewable energy resources.
The subdivision plat or site plan shall conform to the proposals and
conditions of the Master Plan and Official Map for streets, drainage
rights-of-way, school sites, public parks and playgrounds and other
municipal facilities. If no provisions have been made, the streets
and drainage rights-of-way shown on the subdivision plat or site plan
shall be oriented so as to promote the harmonious development of the
municipality and the enhancement of the public welfare, the conservation
of energy and the use of renewable energy resources.
b.
Minimum Requirements. The standards set forth in this section shall be taken to be the minimum necessary for the protection of the public health, safety and welfare of the residents of the Township. Any action taken by the Planning Board under the terms of this Section 25-5, shall give primary consideration to such matters and the welfare of the entire community. However, if the applicant can demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of this Section 25-5 is impracticable or will exact undue hardship, the Planning Board may permit such variances as may be reasonable, within the general purpose and intent of the rules, regulations and standards expressed in this Section 25-5.
[Ord. No. 11-1985; Ord. No. 6-1988; Ord. No.
1-1991]
No apartment or townhouse dwelling unit shall be constructed
in the Township unless the dwelling is part of an approved site plan
and unless the following minimum standards are met in addition to
other applicable requirements of this chapter:
a.
Each building and complex of buildings shall have an architectural
scheme with appropriate variations in design to provide attractiveness
to the development; compatible within the development and in relationship
to adjacent land uses. Such variations in design shall result from
the use of landscaping and the orientation of buildings to the natural
features of the site and to other buildings as well as orientation
to the sun so that solar energy may be utilized and from varying unit
widths, using different exterior materials; changing roof lines and
roof designs, varying building heights and changing window types,
shutters, doors, porches and exterior colors. Architectural elevations
shall be submitted to the Board for review and approval. Dwelling
unit designs may be varied by differences in unit width and setback.
b.
All dwelling units shall be connected to approved and functioning
water and sanitary sewer systems prior to the issuance of a Certificate
of Occupancy.
c.
All parking facilities shall be on the same site as the building
and located one hundred fifty (150) feet of the nearest entrance of
the building they are intended to serve. Parking spaces shall be provided
in areas specifically for parking, and there shall be no parallel
or diagonal parking along interior streets.
d.
No outside area or equipment shall be provided for the hanging of
laundry or the outside airing of laundry in any manner. Sufficient
area and equipment shall be made available within each building for
the laundering and artificial drying of the laundry of the occupants
of each building.
e.
Dwelling units shall have access to a master television antennae
system and individual dwelling units may not erect individual external
television or radio antennas.
f.
No townhouse dwelling unit shall be less than twenty (20) feet wide.
g.
Apartment buildings may consist of any configuration that meets the
required setback requirements and does not exceed the following overall
or component building lengths: two hundred ten (210) feet on one (1)
plane; three hundred forty (340) feet on any angle; and five hundred
(500) feet along the centerline.
h.
Each building shall have adequate access for fire fighting purposes.
Sufficient numbers of water hydrants shall be appropriately located
and no parking shall be permitted in any required "fire zones."
a.
Within any residential district no building with permitted professional
or office occupation shall be constructed or altered so as to be inharmonious
with the residential character of the adjacent residential areas.
b.
The Township Council hereby finds that uniformity in the exterior
design and appearance of dwellings erected in the same residential
neighborhood tends to adversely affect the desirability of the immediate
and neighboring areas for residential purposes and impairs existing
residential property in such areas; tends to impair the value of both
improved and unimproved real property in such areas; tends to deprive
the municipality of tax revenue; and destroys a proper balance between
the taxable value of real property in such areas and the cost of municipal
services provided therefor. It is the purpose of this section to prevent
these and other harmful effects of uniformity in design and appearance
of dwellings erected in any housing development in the same residential
neighborhood and thus to promote and protect the general welfare of
the community.
1.
Except as provided in this chapter, not more than one (1) building
permit shall hereafter be issued for any dwelling to be erected in
a housing development consisting of two (2) or more houses if it is
substantially alike in exterior design and appearance with any neighboring
dwelling situated on the same or opposite sides of the street within
one hundred fifty (150) feet of a dwelling then in existence or for
which a building permit has been issued or is pending. The distance
herein specified shall be construed to mean the distance between the
street property lines and the respective properties.
2.
Houses within such specified distance from each other shall be considered
uniform in exterior design and appearance if they have any one (1)
of the following characteristics.
(a)
The same basic dimensions and floor plans are used without substantial
differentiation of one (1) or more exterior elevations.
(b)
The height and design of the roofs are without substantial change
in design and appearance.
(c)
The size and type of windows and doors in the front elevation
are without substantial differentiation.
3.
In addition, there shall be no fewer than two (2) separate basic
house designs in every housing development consisting of eight (8)
or fewer houses; no fewer than three (3) basic house designs in every
housing development consisting of fifteen (15) or fewer houses; no
fewer than five (5) basic house designs in every housing development
consisting of fifty (50) or fewer houses; no fewer than six (6) basic
house designs in every housing development consisting of seventy-seven
(77) or fewer houses; and no fewer than eight (8) basic house designs
in every housing development consisting of seventy-eight (78) or more
houses.
4.
To insure conformity with the provisions of this Ordinance, no construction
permit shall hereafter be issued for more than one (1) dwelling in
any housing development until the builder shall post or cause to be
posted on each specific lot on the map of the subdivision on file
with the Construction Official the type and model of each house for
which a construction permit has been or is being issued.
5.
The provisions, requirements and standards heretofore set forth shall
not be considered met where there is an attempt to make minor changes
or deviations from building plans and location surveys, which changes
show an obvious intent to circumvent the purpose of this section.
[Ord. No. 11-2002, § 3]
a.
Buffer areas are required along lot and street lines of all multi-family
and nonresidential developments where the property lines or the centerline
of the adjacent streets abut a single-family residential district.
Buffer areas are for the primary purposes of visually separating one
use from another in order to safeguard the character of adjacent districts,
and buffer screening is used to visually shield or obscure the view
of one use from another and reduce noise perception and glare from
direct or reflected light beyond the lot.
1.
No structure, activity, drainage basin, storage of materials, parking
of vehicles or any other improvements shall be permitted in a buffer
area, except that underground utilities may be installed where the
Board deems that a buffer screening is not necessary within the entire
width of the buffer area.
2.
The location and design of buffer screening within the buffer shall
consider the use being screened; the distance between the use being
screened; the distance between the use and the property line; differences
in elevations; the types of buffers, such as dense planting, existing
woods, a wall or fence; buffer height and width; and other combinations
of man-made and natural features.
3.
The buffer shall be designed, planted, graded, landscaped and developed
with the general guideline that the closer a use or activity is to
a property line or the more intense the use, the more effective and
dense the buffer screening within the buffer must be in obscuring
light and vision and reducing noise beyond the lot.
4.
Buffer areas shall be permanently maintained and kept clean of all
debris, rubbish, weeds and tall grass. Plant material which does not
live shall be replaced by the developer prior to any bond release
or final acceptance by the Township.
5.
The buffer area shall not be broken except for vehicular or pedestrian
access points to assure a clear sight triangle, unless specifically
approved by the Board.
b.
All buffer areas shall be planted and maintained with either grass
or ground cover, together with a dense buffer screening of shrubs
or trees a minimum of twenty-five (25) feet in width, meeting the
following requirements:
1.
The plant materials shall be of a species common to the area, of
nursery stock and free of insects and disease.
2.
The plant materials used in the buffer screening shall consist of
a mixture of forty (40%) percent evergreen/conifer trees; thirty (30%)
percent deciduous and evergreen shrubs; twenty (20%) percent deciduous
shade trees; and ten (10%) percent deciduous flowering ornamental
trees.
3.
The plants shall be arranged in natural groupings at an adequate
density to screen the adjoining uses.
4.
The preservation of existing, natural wooded tracts shall be an integral
part of all plans and may be calculated as part of the required buffer
area, provided that the area is of the required width and the existing
vegetation is of a sufficient density to serve the purpose of a buffer
and buffer screening. Supplemental landscaping may be provided to
enhance partially wooded areas to be retained to meet the requirements
of this subsection for the buffer screening.
5.
Except for existing preserved or transplanted vegetation, evergreen
trees shall be at least six (6) feet in height at the time of planting,
balled and burlapped, and deciduous shade trees shall be at least
two and one-half (2 1/2) inches caliper, measured six (6) inches
above the top of the root ball, at the time of planting, balled and
burlapped.
6.
Flowering ornamental trees shall not be less than one and one-half
(1 1/2) inch caliper, measured six (6) inches above the ground,
nor less than six (6) feet high. They must be well-branched, the branches
to start not less than three (3) feet from the crown of the root system.
Trees shall be balled and burlapped.
7.
Evergreen and deciduous shrubs and hedges used in screen planting
shall be at least two (2) feet in height when planted.
8.
The screen planting shall be placed so that at maturity the plant
material will be no closer than three (3) feet from any street or
property line.
9.
New buffer screening shall be contained in continuous mulched landscape
beds. The landscape beds exceeding a length of one hundred (100) linear
feet may be broken for the purpose of maintenance. The gap shall be
located at deciduous shade tree groupings, shall be no greater than
twenty (20) feet wide and shall be diagonally oriented to the length
of the required buffer to reduce visibility to the adjoining use.
c.
Landscape mounds or earthen berms of adequate height for screening
purposes shall be required in the buffer area when the proposed multi-family
or nonresidential use exceeds two (2) stories and/or where existing
woodlands are either not sufficient or desirable or are to be disturbed.
1.
Berms shall be curvilinear and free form in shape and shall be constructed
with a maximum mowable, grassed slope of 3:1 or a nonmowable, mulched
slope of 2:1. In no case shall a berm with a permitted 2:1 slope exceed
four (4) feet in height.
2.
A four (4) foot wide flat area shall be provided at the top. The
berm shall be constructed of suitable soil material to sustain vigorous
plant growth. Prior to any planting, a four (4) inch thick layer of
prepared topsoil containing a water absorbent polymer shall be evenly
spread over the entire berm and fertilizer applied.
3.
The berms shall be stabilized by ground cover to prevent soil erosion and shall be planted with evergreen and deciduous trees in accordance with subsection 25-5.5b of this section, except that deciduous trees shall be limited to the bottom one-third (1/3) of the height of the berm to be constructed to ensure adequate soil moisture for plant survival.
d.
The installation of that portion of the approved buffer necessary
to screen a particular portion of the tract from being viewed from
a bordering street or from an adjacent developed property shall be
completed to the greatest extent possible prior to the development
of that particular portion of the tract.
e.
Buffer widths shall be measured horizontally and at right angles
to either a straight lot or street line or the tangent lines of curved
lot or street lines. The minimum width of the buffer area shall be
considered a zoning requirement for the purposes of this Ordinance
and shall be dimensioned as follows for the respective zoning district:
|
APT/TH
|
50 feet
|
|
RA-PRD
|
50 feet
|
|
HC
|
50 feet
|
|
RC
|
100 feet
|
|
RO
|
50 feet
|
|
MFG
|
100 feet
|
|
LI
|
100 feet
|
|
OR
|
25 feet
|
|
CR
|
50 feet
|
|
In addition to the above, any shopping center within any zoning
district shall provide a one hundred (100) foot wide buffer along
any common property line with a residential district.
|
f.
The minimum buffer areas required herein shall not contain any area
necessary to satisfy the minimum yard or building distance requirements
of the respective zoning district. Buffer areas shall be provided
in addition to all other bulk requirements.
a.
All streets shall be provided with manholes, catch basins and pipes
where the same may be necessary for proper surface drainage. This
requirement shall not be satisfied by the construction of dry wells.
b.
Total stormwater runoff from a site after development shall be limited
to not more than the runoff from the site in its undeveloped state.
Detention and retention facilities shall be utilized to limit such
runoff. The Board may waive this requirement if the nature of the
site, the character of adjacent previously developed areas or other
factors make the utilization of runoff limiting devices unnecessary,
inadvisable or impractical.
c.
The system shall be adequate to carry off or store the stormwater
and natural drainage water which originates not only within the lot
or tract boundaries, but also that which originates beyond the lot
or tract boundaries. No stormwater run-off or natural drainage water
shall be so diverted as to overload existing drainage systems or create
flooding or the need for additional drainage structures on other private
properties or public lands without proper and approved provisions
being made for taking care of these conditions. Drains for the purpose
of disposing of sump pump and/or roof leader runoff must outlet into
an adequate water course or drainage system as approved by the Township
Engineer.
d.
The existing system of natural drainage within each site shall be
preserved to the maximum extent possible. To this end, the Board may
require the preservation of natural drainage swales, recharge areas,
wet weather ponds and similar features and may require suitable drainage
and conservation easements. In its review of the proposed system,
the Board shall consider the following criteria:
1.
The utilization of the natural drainage system to the fullest extent
possible.
2.
The maintenance of the natural drainage system as much as possible
in its unimproved state.
3.
When drainage channels are required, wide shallow swales with natural
vegetation will be preferred to other sections.
4.
The construction of flow retarding devices, detention areas and recharge
berms to minimize runoff value increases.
5.
Maintenance of the base flow in streams, reservoirs and ponds.
6.
The reinforcement, improvement and/or extension of the natural drainage
system to such an extent as is necessary to eliminate flooding and
excess maintenance requirements.
e.
The computation of stormwater runoff shall be made using the rational
formula unless, in unusual cases, another method is approved by the
Township Engineer. Runoff from upstream areas shall be calculated
based on full development potential according to current zoning or
current use, whichever produces the greatest runoff. Runoff coefficients
used should generally fall in the following ranges:
|
Classification Fully Developed
|
Range of Coefficient
|
|---|---|
|
Public parks, open space and land conservation
|
0.15—0.30
|
|
Low density residential
|
0.35—0.45
|
|
Medium density residential
|
0. 40—0. 60
|
|
High density residential
|
0.55—0.80
|
|
Commercial and Industrial
|
0.75—0.95
|
|
Pavements, roadways, shoulders
|
1
|
f.
Storm sewers, open channels, bridges and culverts, unless otherwise
directed by the Township Engineer, shall be designed for minimum flow
capacities as follows:
1.
For closed systems, ten (10) years; or if the above results in a
pipe size at least equivalent to a twenty-one (21) inch reinforced
concrete pipe, then twenty-five (25) years, or if the above results
in a pipe size at least equivalent to a thirty (30) inch reinforced
concrete pipe, then fifty (50) years; or if the above results in a
pipe size at least equivalent to a fifty-four (54) inch reinforced
concrete pipe, then one hundred (100) years.
2.
For open channels, ten (10) years; or if the tributary area exceeds
fifty (50) acres, then twenty-five (25) years; or if the tributary
area exceeds two hundred fifty (250) acres, then fifty (50) years.
The flooding limits for storms with a return period of twice the design
storm shall be determined for all open channels. Such limits shall
be the drainage or conservation easements delineated on the plat or
plan.
3.
For detention facilities, a twenty-four (24) hour flood with a return
period not less than fifty (50) years or, if the tributary area exceeds
fifty (50) acres, then one hundred (100) years.
g.
Velocities shall be restricted as follows:
1.
Velocities in closed systems at design flow shall be at least two
and one-half (2.5) feet per second, but not more than that velocity
which will cause erosion damage to the pipe.
2.
Velocities in open channels at design flow shall not be less than
one-half (1/2) foot per second and not greater than that velocity
which will begin to cause erosion or scouring of the channel.
3.
For unlined earth channels, the maximum velocity allowed will be
two (2) feet per second.
4.
At transitions between closed systems and open channels or different
types of open channels suitable provisions must be made to accommodate
the velocity transitions. These provisions may include broken stone
streambed protection, rip-rap, gabions, lining, aprons, chutes and
checks, or others, all suitably detailed and approved as part of the
plan submission.
h.
The design location and type of inlets and the size and location
of manholes shall be approved by the engineer.
i.
The use of siltation and oil separation basins with controlled outflows
shall be required to prevent pollution of waterways when discharge
is into a standing body of water.
j.
Where, in the opinion of the Township Engineer, underdrainage is
required, Type F underdrains shall be installed in accordance with
the New Jersey State Highway Specifications of 1961 as amended and
supplemented, and shall be of the size specified by the Township Engineer.
All underdrain systems shall be provided with a clean-out.
k.
If the property on which a proposed development is to be located
is proposed to be traversed by a drainage facility of any kind, including
a pipe, channel, stream or swale, the Board may require that a stormwater
and drainage easement or right-of-way along said facility be provided
by the developer.
l.
The minimum easement for open channel sections shall be the maximum
design top width of the channel section segment plus twenty-five (25)
feet rounded to the next highest five (5) foot increment. The excess
easement area shall be provided offset to that side of the channel
most convenient for use by maintenance crews and equipment. The minimum
distance between the channel top edge and any easement line shall
be five (5) feet.
m.
Land subject to periodic or occasional flooding (flood plain areas)
shall not be used for any purpose which may endanger life or property
or aggravate the flood hazard. Site design, grading and drainage shall
be so arranged to prevent damage to existing or proposed structures
or adjacent properties under major storm conditions of a one hundred
(100) year return frequency.
n.
Lots shall be graded to secure proper drainage away from buildings
and into drainage structures, where possible. Additionally, drainage
shall be provided in a manner which will prevent the collection of
storm water in pools or other unauthorized concentrations of flow.
To the extent possible, water shall not flow across adjacent property
lines.
a.
Clearing, excavation and embankment construction shall be in accordance
with the applicable requirements of the Standard Specifications and
approved Soil Erosion and Sedimentation Control Plan.
b.
No excavated material may be removed from the site except in accordance
with an approved site plan or with the prior approval of the Township
Engineer. Such material shall be removed from the site and disposed
of by the developer.
c.
Where borrow excavation materials from off-site sources are required
to complete the necessary grading, such material shall meet the requirements
of the Standard Specifications for Borrow Excavation, Zone 3, and
shall be subject to the approval of the Township Engineer.
d.
Sites shall be graded to a system of interior drainage in such a
manner as to prevent the collection of stormwater or the creation
of drainage problems off-site.
e.
Topsoil shall not be removed from lawn areas or open space. Topsoil
moved during the course of construction shall be redistributed on
the surface as cover and shall be stabilized by seeding or planting.
If sufficient topsoil is not available on the site, topsoil meeting
the requirements of the Standard Specifications shall be provided
to result in a four (4) inch minimum thickness.
f.
Grading shall be performed in a manner which will minimize the damage
to or destruction of trees growing on the land. Stripping of trees
from a lot or filling within six (6) feet of trees or shrubs to be
retained shall not be permitted unless it can be shown to be necessary
or unless wells are constructed with extension tiles to the dripline
of trees.
g.
Unless otherwise required by the Standard Specifications, all tree
stumps, masonry and other obstructions and debris shall be removed
to a depth of two (2) feet below finished grade and disposed of in
a lawful manner. All dead, dying or diseased trees, standing or fallen,
shall be removed from the site. If trees and limbs are reduced to
chips they may, subject to the approval of the Township Engineer,
be used as mulch in landscaped areas.
h.
The minimum slope for lawns shall be one and one-half (1.5%) percent
and for smooth hard-finished surfaces, other than roadways, five-tenths
of one (5/10 of 1%) percent.
i.
Unless otherwise approved by the Township Engineer, the maximum grade
for lawns within ten (10) feet of a building shall be five (5%) percent.
j.
Retaining walls installed in slope control areas shall be designed
as follows:
1.
Said retaining walls shall be constructed of heavy, pressure treated
timber or logs, reinforced concrete, other reinforced masonry or of
other construction acceptable to the Township Engineer and adequately
designed and detailed on the plans to carry all earth pressures, including
any expected surcharges.
2.
Proposed retaining walls having a height of greater than three (3)
feet shall require calculations to support the design of such walls.
Such calculations shall be submitted to the Township Engineer for
review.
3.
The height of retaining walls shall not exceed one-third (1/3) of
the horizontal distance from the foundation wall of any building to
the face of the retaining wall.
a.
No wall or fence shall be erected or altered so that said wall or
fence shall be over four (4) feet in height in the front yard and
six (6) from the front set back line to the rear lot line.
1.
In any non-residential zone, open wire fences not exceeding eight
(8) feet in height may be erected in the rear or side yard areas and
behind the front yard setback line.
2.
On park, recreation or school properties, open wire fences not exceeding
eight (8) feet may be erected, except that fences enclosing outdoor
tennis courts, baseball backstops and other fences normally provided
with recreation facilities may be open wire fences not exceeding twelve
(12) feet in height.
3.
Fences specifically required by State and Federal regulations.
b.
On any lot in a "P-C", Planned Community, district in the Township,
no fences or walls shall be erected between the building setback line
and the street.
c.
All fences and walls must be erected within the property lines, and
no fence or wall shall be erected so as to encroach upon a public
right-of-way.
d.
No fence in a residential district shall be erected of barbed wire,
topped with metal spikes, or constructed of any material or in any
manner which may be dangerous to persons or animals, except that these
provisions shall not apply to farms. Canvas or cloth fences are specifically
prohibited in all districts.
e.
All supporting members of a fence shall be located on the inside
of the fence, and if erected along or adjacent to a property line,
the supporting members of the fence shall face the principal portion
of the tract of land of the property upon which the fence is erected.
a.
All parking areas and walkways thereto and appurtenant passageways
and driveways serving commercial, public, office, industrial, apartment
or other similar uses having common off-street parking and/or loading
areas, and building complexes requiring area lighting shall be adequately
illuminated for security and safety purposes. The lighting plan in
and around the parking areas shall provide for nonglare, color corrected
lights focused downward. The light intensity provided at ground level
shall be a minimum of three-tenths (.3) footcandle anywhere in the
area to be illuminated, shall average a minimum of five-tenths (.5)
footcandle over the entire area, and shall be provided by fixtures
with a mounting height not more than twenty-five (25) feet or the
height of the building, whichever is less, measured from the ground
level to the centerline of the light source and spaced a distance
not to exceed five (5) times the mounting height. Any other outdoor
lighting such as sidewalk illumination, driveways with no adjacent
parking, the lighting of signs and ornamental lighting shall be shown
on the lighting plan in sufficient detail to allow determination of
the effects to adjacent properties, traffic safety and overhead sky
glow. The objective of these specifications is to minimize undesirable
off-premises effects. No direct lighting shall be permitted. Additionally,
no light shall shine into windows or onto streets and driveways in
such manner as to interfere with or distract driver vision. To achieve
these requirements, the intensity of such light sources, the light
shielding and similar characteristics shall be subject to site plan
approval by the Board.
b.
Street lighting of a type supplied by the utility and of a type and
number approved by the Township Engineer shall be provided for all
street intersections and along all arterial, collector and local streets
and anywhere else deemed necessary for safety reasons. Wherever electric
utility installations are required to be underground, the applicant
shall provide for underground service for street lighting.
[Ord. No. 11-2002 § 4]
a.
Natural features such as trees, hilltops and views, natural terrain,
open waters, critical areas and natural drainage ridge lines shall
be preserved to the maximum extent reasonably possible in designing
any development containing such features. The development plan should
clearly reflect the avoidance of unnecessary alteration of existing
topography or the removal of vegetation and should propose development
that will otherwise respect the established natural conditions of
the site and its surroundings.
b.
In conjunction with uses other than single-family dwellings, all
areas of the site not occupied by buildings, pavement, walkways, or
other required improvements shall be suitably landscaped with trees,
shrubs, ground cover, seeding or plantings and maintained in good
condition. The proposed landscaping shall be designed and located
to benefit pedestrian and vehicular traffic circulation, provide delineation
of parking areas, provides shade, screen unwanted views and enhance
site aesthetics to the satisfaction of the Board.
c.
For the purpose of approving the quantity, locations and species
of trees, the Board shall consider safety of vehicular and pedestrian
traffic including visibility and sight distance; tree foliage, canopy,
typical habit, growth characteristics and cultural requirements; potential
interference with utility lines and poles and consistency with the
general character of the area.
d.
A minimum of twelve (12) shade trees, or the equivalent dollar value
of evergreen trees, ornamental trees and shrubs, shall be required
for every disturbed acre of land for all nonresidential and multi-family
development. Landscaping should provide a variety and mixture of plantings.
The selection should consider susceptibility to disease, colors, season,
textures, shapes, blossoms and foliage.
e.
All deciduous trees shall be of nursery stock and shall have a minimum
caliper of two and one-half (2 1/2) inches in diameter measured
six (6) inches above the top of the root ball. All trees shall comply
with the current American Standards For Nursery Stock (ANSI Z60.1)
and shall be balled and burlapped. All deciduous trees shall be staked,
guyed and wrapped with a biodegradable tree wrap from the first branch
to the ground. Acceptable methods for staking and guying shall be
determined by the Township Engineer.
f.
Evergreen trees shall be a minimum of six (6) feet in height, shall
be balled and burlapped, and shall have a full and uniform canopy
habit at time of installation. All evergreen trees should be treated
with an anti-desiccant/wilt-proof at the beginning of the first fall
season following installation to ensure protection from drying winter
winds. All evergreen trees shall be staked and guyed. Acceptable methods
for staking and guying shall be determined by the Township Engineer.
g.
All ornamental trees and shrubs shall be at least a maximum mature distance, but not less than two (2) feet, from a foundation wall or fence. All ornamental trees shall be installed at a minimum one and one-half (1 1/2) inch in caliper, measured six (6) inches above the ground, and a minimum six (6) feet in height. All shrubs shall be installed at a minimum height of two (2) feet or a minimum spread of eighteen (18) inches, as measured in compliance with ANSI Z60.1. All shrubs shall conform to the height restrictions of subsection 25-5.20c of this section, as applicable. Varieties shall be selected and specified as appropriate to sun and wind exposures and shall be suitable in mature size for the location to be planted.
h.
Street trees are required along all public and private street rights-of-way.
The species selection and location shall be subject to the review
and approval of the Township Engineer and the Board. Street trees
shall be selected and located to create site uniformity, enhance microclimate
and improve site aesthetics. Street trees shall be installed with
the same species on both sides of the road in groupings not to exceed
forty (40) trees of one (1) species to ensure site diversity and to
reduce species related disease and insect infestations associated
with a monoculture planting. Street trees shall comply with the following
requirements:
|
Type of Tree
|
Planting Interval (Ft.)
|
Minimum Caliper
|
|---|---|---|
|
Large and Medium Trees
|
40 to 50 ft.
|
3"-3-1/2"
|
|
Small and Ornamental Trees
|
20 to 40 ft.
|
2"-2-1/2"
|
i.
All landscaping required by the approved plan shall be in a healthy
and vigorous growing condition at time of installation. No plant shall
remain unplanted at a site for more than three (3) days after delivery
without being properly healed in. No tree with a damaged central leader
shall receive final acceptance by the Township. All dead and damaged
plant material shall be replaced by the developer prior to any bond
release or final acceptance by the Township. Said replacement shall
be within sixty (60) days following written demand for such replacement
from the Township or for such extended periods as may be specified.
j.
All newly installed landscaping shall be set plumb in the planting
pit and backfilled in lifts not to exceed eight (8) inches with a
backfill mix consisting of three (3) parts native topsoil, three (3)
parts screened topsoil and three (3) parts peat. A moisture absorbent
polymer shall be included in the amended backfill on well and excessively
drained soils and on earthen terms to ensure soil moisture availability.
All landscaped beds shall be underplayed with a suitable water permeable
weed fabric and shall receive a minimum four (4) inch application
of shredded hard wood mulch or other acceptable material. Untreated
wood chips shall not be used. Plant material arranged in groupings
shall be contained in one (1) continuous mulched bed to reduce possible
plant damage caused by maintenance equipment. A single mulched bed
around one (1) shrub is not acceptable. The landscape bed shall extend
to the branch limits of the newly installed plantings.
k.
Landscaping of the area of all cuts, fills or terraces shall be sufficient
to prevent erosion and shall be approved by the Board. All roadway
slopes steeper than one (1) foot vertically to three (3) feet horizontally
shall be planted with suitable ground cover plants combined with grasses
and/or sodding. Grasses or sodding alone shall not be acceptable.
No cut or fill slopes shall go unstabilized for more than thirty (30)
days.
l.
Except in conservation easements and areas specifically designated
to remain in their natural state, existing wooded areas shall be selectively
thinned, and dead or diseased vegetation, either standing or fallen,
undesirable trees, and any other undesirable growth and stumps shall
be removed.
m.
Existing trees should be saved by not varying the grade around the
trees by more than six (6) to twelve (12) inches. Proposed grading
exceeding more than six (6) to twelve (12) inches shall require the
construction of tree wells, as necessary, to preserve the identified
tree(s). A temporary tree protection fence shall be required to be
erected at the drip line of all existing woodlands to remain undisturbed.
The temporary tree protection fence shall be a minimum of four (4)
feet in height and be a wood snow fence, orange plastic construction
fence or other suitable material, as determined by the Township Engineer.
n.
Specimen trees, which are defined as those trees that have a diameter
or circumference of eighty (80%) percent of the State record for the
individual species, shall be identified on all subdivision and site
plans. If a specimen tree exists on site, it shall not be removed
nor shall the soil within ten (10) feet of the drip line be disturbed,
unless the applicant can substantiate an outstanding need to the Board
as to why the removal or soil disturbance is necessary. A waiver from
this requirement may be granted in the event the subject tree is dying
or diseased.
o.
All site plan and subdivision applications which propose to remove
any existing trees equal to or greater than six (6) inches Diameter
Breast Height (DBH), as measured at a point four (4) feet above the
ground, shall submit a "Tree Removal And Replacement Plan" in the
set of construction plans for review and approval.
1.
The "Tree Removal And Replacement Plan" shall contain the following:
(a)
The name and address of the applicant and the property owner
of the property from which the tree(s) are to be removed.
(b)
Total acreage of the property, total acreage of the existing
woodlands on the property, and total acreage of the woodlands to be
removed from the property.
(c)
Location of the trees to be removed as identified on a survey
of the property.
(1)
The plan shall indicate all existing trees equal to or greater
than six (6) inches DBH to be removed and to remain within twenty-five
(25) feet of the proposed limit of clearing, specifically by an assigned
number.
(2)
A listing of the assigned tree numbers shall be clearly shown
on the plan and shall include the tree species and size (DBH).
(3)
Location of the limit of existing woodlands and the proposed
limit of clearing where the temporary tree protection fence shall
be installed.
(4)
For any clearing greater than one (1) acre, a sample plot of
a representative five (5%) percent of the woodlands to be removed
shall be inventoried. The location(s) of the sample plot shall be
identified and dimensioned on the plan and flagged in the field for
verification. All pertinent tree removal information from the sample
plot shall be identified on the plan.
(5)
All specimen trees greater than sixteen (16) inches DBH shall
be specifically identified on the plan.
(d)
Dead and diseased trees are not to be included in the tree removal
calculations.
(e)
Any other information, which may reasonably be required to enable
the application to be properly and thoroughly reviewed.
2.
Replacement trees shall be provided at a one (1) to one (1) ratio
for each tree six (6) inches DBH or greater to be removed, as follows:
(a)
All replacement trees shall be clearly depicted on the plan
and identified in the proposed planting schedule for review and approval.
(b)
Required buffer screening plantings shall not be considered
in the replacement tree calculations.
(c)
Where site spatial constraints do not permit the installation
of the required replacement trees on the site, the replacement value
for all trees to be removed as per the plan shall be calculated as
follows:
|
Trees To Be Removed (DBH)
|
Replacement Tree Value
|
|---|---|
|
6" up to 12"
|
$200 ea.
|
|
Greater than 12" up to 18"
|
$400 ea.
|
|
Greater than 18" up to 24"
|
$600 ea.
|
|
Greater than 24"
|
$800 ea.
|
(d)
The value of proposed evergreen trees and deciduous and evergreen
shrub material shall be deducted from the calculated amount for replacement
trees required in subsection 25-5.10m2(c) hereinabove. The value of
the proposed landscape material shall be calculated based upon average
plant material cost in the area.
(e)
All fees collected from the replacement calculation shall be
deposited in a Tree Escrow Fund for the Township of Aberdeen. The
fund shall be utilized to promote and administer environmental enhancement
programs such as tree planting, tree preservation, park development,
landscaping of public spaces and or other related projects on or within
municipally owned properties or facilities.
3.
Where the preservation of stands of ten (10) or more trees, each
greater than four (4) inches DBH, are proposed, a one (1) to one (1)
replacement tree credit shall be applied for each tree greater than
four (4) inches DBH within said stand.
4.
Tree removal applications shall be subject to the same time limits
associated with the development application approval.
5.
Any person violating any provisions of this section or failing to
perform in compliance with the requirements of the Board for which
the application has been submitted shall be subject to penalties and
fines of up to one thousand ($1,000) dollars per day for each illegal
tree removal offense. Violations of any terms of this section shall
be abated within five (5) days after written notice has been served,
either by certified mail or personal service. Each day that the violation
continues thereafter shall constitute a separate offense.
The Township Engineer or his/her designee will enforce violations
and penalties. In addition to other remedies, the Code Enforcement
Officer or other municipal official may institute any appropriate
legal action to prevent a continuing violation of the terms of this
section.
p.
The Board may waive the requirements of this section in heavily wooded
areas, in areas unsuitable for plantings, or because of other exceptional
conditions.
q.
No land disturbance or removal of any trees, shrubs, grasses or other
existing vegetation is to occur within twenty-five (25) feet of the
top of bank of any naturally occurring water course in the absence
of acid producing deposits, or within fifty (50) feet of the top of
bank of any naturally occurring watercourse where acid producing deposits
are present. The location of the top of bank shall be verified by
the Township Engineer, unless such a determination has been made by
the New Jersey Department of Environmental Protection, Bureau of Flood
Plain Management. Any exception or mitigation shall be in conformance
with New Jersey Department of Environmental Protection regulations.
r.
Tree Removal Prior to Major Subdivision or Site Plan Approval.
1.
The purpose of this paragraph is to promote the preservation of woodlands
to reduce soil loss, erosion, arid flooding; to increase the quality
and quantity of water being recharged; to purify air; to provide wildlife
habitat; and to maintain visual appeal.
2.
For purposes of this paragraph, a "tree" shall mean any woody perennial
plant having a trunk or main stem with a diameter of three (3) inches
or greater measured four (4) feet above the ground.
3.
Any application for major subdivision or major site plan approval
shall have all trees plotted and identified on the plat or plan, and
shall contain a detailed description of planned vegetation removal
and regeneration, including all measures and materials necessary to
reestablish the natural landscape.
4.
Existing trees shall be utilized as buffers along all lot lines and
streets.
5.
No trees shall be removed from an area exceeding one thousand five
hundred (1,500) square feet per lot for any purpose unless the applicant:
(a)
Demonstrates the absence of alternative development options
which will reduce the need for the removal of trees;
(b)
Identifies the area to be disturbed; and
(c)
Replants an area of comparable density and species composition
for that portion of the disturbed forested area that exceeds the permitted
impervious coverage limitation for the zoning district in which the
lot is located.
6.
Any tree removal proposed in the stream corridor area shall be subject
to the provisions of subsection 25-6.8f3 and g24 of this section.
a.
Each lot must front upon a public street.
b.
Where extra width has been dedicated for widening of existing streets,
lots shall begin at such new street line and all setbacks shall be
measured from such line.
c.
Where there is a question as to the suitability of a lot or lots
for their intended use due to factors such as poor drainage conditions
or flood conditions, percolation tests or test borings indicating
the ground conditions to be inadequate for proper sewage disposal
for on-lot sewage treatment or similar circumstances, the Board, after
adequate investigation may withhold approval of such lots. If approval
is withheld, the Board shall give reasons and notify the applicant
and enter same in the minutes.
d.
Concrete monuments shall be installed for all lot corners of all
lots approved as part of a major submission. All lot corners of lots
approved as part of a minor subdivision submission shall be marked
with a metal alloy pin of permanent character. Monuments shall be
in accordance with the Map Filing Law.
[Ord. No. 11-1985]
a.
Size of Stalls.
1.
Each off-street parking space shall have an area of not less than
one hundred sixty-two (162) square feet, exclusive of access drives
or aisles, except in sections for the handicapped. It shall measure
nine (9) feet in width by eighteen (18) feet in length. These conditions
shall not apply to parallel parking spaces, which shall measure no
less than eight (8) feet in width and twenty-three (23) feet in length.
2.
Parking spaces for the physically handicapped shall be a minimum
of twelve (12) feet wide.
3.
No parking stall shall be so located as to require a vehicle to back
into any portion of the right-of-way in order to enter or exit the
parking stall.
b.
Parking Requirements by Use. Each use shall meet the following requirements
in terms of parking. Where more than one (1) use exists on a lot,
the required parking shall be the sum of the parking spaces required
for each individual use.
1.
Detached dwelling units, apartments and townhouses shall each provide
two (2) spaces per unit. In all residential districts, one (1) commercial
vehicle may be parked on the premises by the dwelling unit owner or
tenant.
2.
Churches shall provide one (1) space per every five (5) permanent
seats and one (1) additional space for every thirty (30) square feet
of floor area which can be used for overflow seating capacity. (One
(1) seat shall be considered twenty-two (22) inches in calculating
the capacity of pews or benches.)
3.
Public and private schools, grades K—8, shall provide one (1)
space for every twelve (12) students as determined by the school's
functional capacity. Public and private schools, grades 9—12,
shall provide one (1) space for every eight (8) students as determined
by the school's functional capacity.
4.
Banks, offices and retail and service activities shall provide parking
at a ratio of five (5) spaces per one thousand (1,000) square feet
of gross floor area.
5.
Restaurants, bars, taverns and theaters shall provide one (1) space
for every four (4) seats. (Note: This requirement may be waived if
the use is located within a shopping center.)
6.
Bowling alleys shall provide four (4) spaces per bowling lane.
7.
Service stations shall provide at least six (6) spaces for the first
lift, wheel alignment pit or similar work area; five (5) additional
spaces for a second work area; and an additional three (3) spaces
for each additional work area. Such spaces shall be separated from
the driveway and general apron areas which give access to the gasoline
and air pumps and service areas. No designated parking space shall
obstruct access to such facilities.
8.
Commercial recreation facilities shall provide four (4) spaces per
one thousand (1,000) square feet of gross floor area.
9.
Marinas, boat yards and yacht basins shall provide parking on the
following basis:
(a)
One (1) space for every one thousand (1,000) square feet of
storage, dry dock or similar area plus one (1) space for every two
hundred (200) square feet or fraction thereof of floor area used for
offices.
(b)
One (1) space shall be provided for every three (3) boat mooring
slips.
(c)
One (1) space shall be provided for every vehicle operated by
the use operating from that site.
(d)
Sufficient area shall be reserved for the temporary storage
of auto-towed trailers if ramp launching facilities are provided.
10.
Automobile Sales. Ten (10) spaces for customer convenience separated
from vehicular displays and not used by employees.
11.
Car Washes. Three (3) access lanes for each mechanized car wash entrance
with each lane having a minimum capacity for twelve (12) vehicles;
one (1) separate space for each waxing, upholstery cleaning or similar
specialized service area; and one (1) space for every two (2) employees.
All vehicle entrances shall be from the rear of the building, and
all parked and waiting vehicles shall be accommodated on the lot.
12.
Manufacturing plants and industrial plants shall provide parking
at the ratios of one (1) space for every one thousand (1,000) square
feet of gross floor area used for inside storage and warehousing plus
one (1) space for every seven hundred (700) square feet of gross floor
area used for manufacturing plus one (1) space for every two hundred
(200) square feet of gross floor area used for offices. Additionally,
one (1) space shall be provided for every vehicle owned and/or operated
by the manufacturing or industrial plant operating from the site.
13.
Hotels and motels shall provide one and one-quarter (1.25) spaces
per room.
14.
Non-residential uses shall provide one (1) space for every vehicle
owned and/or operated by a use operating from a site in addition to
any parking requirement set forth hereinabove. Such spaces shall be
of sufficient size to accommodate the vehicles intended to be parked
therein, if oversized.
15.
Public utilities shall provide sufficient spaces and maneuvering
areas, as determined by the Board during site plan approval, to prevent
any parking along public rights-of-way or private driveways, fire
lanes and aisles.
c.
Loading Area Requirements. Each activity shall provide for off-street
loading and unloading in accordance with the following requirements:
1.
For each building, one (1) space shall be provided for the first
five thousand (5,000) square feet of gross floor area and one (1)
additional space shall be provided for each additional ten thousand
(10,000) square feet of gross floor area or fraction thereof.
2.
Each loading space shall be a minimum of fifteen (15) by forty (40)
feet with a minimum vertical clearance of fourteen (14) feet.
3.
In shopping centers, this requirement may be met by combining the
floor areas of several activities taking place under one (1) roof
and applying the above ratios.
4.
Boat launching or storage areas shall not be construed to fulfill
the off-street loading space requirement.
5.
Buildings designed exclusively for office use may be exempted from
the loading area requirement provided that at least one (1) entrance
other than the main entrance is designed to accommodate deliveries
of supplies and office equipment and furnishings.
d.
Location of Parking and Loading Areas. Required off-street parking
and loading spaces shall be located on the same lot or premises as
the use served regardless of the number of spaces required. No parking
of vehicles or unloading or loading shall be permitted in fire lanes,
streets, driveways, landscaped areas, aisles, buffer areas, sidewalks
or turning areas.
1.
Parking spaces may be on, above, or below the surface of the ground.
When parking spaces are provided within a garage or other structure,
said structure shall adhere to the proper accessory or principal building
setbacks.
2.
Parking areas in residential zones for uses other than single family
dwellings may be located in any rear yard or side yard, but may not
be located in any required front yard.
3.
Parking areas in the "H-C" and "R-C" zones shall be located in side
and rear yards only except that parking for not more than one-fifth
(1/5) of the total required spaces may be provided in the front yard
if the depth of the parking area setback is increased by fifty (50%)
percent over that required in subsections 25-4.7g2 and 25-4.8g2 respectively.
e.
Design of Parking and Loading Areas.
1.
Access.
(a)
Access points from any one (1) lot crossing the street line
shall be limited to a maximum of two (2) along the frontage of any
single street. The centerlines of any separate access points shall
be spaced at least seventy (70) feet apart; shall handle no more than
two (2) lanes of traffic; shall be at least forty (40) feet from any
property line; and shall be set back from the street line of any intersecting
street at least fifty (50) feet or one-half (1/2) the lot frontage,
whichever is greater, except that in no case need the setback distance
exceed two hundred (200) feet.
(b)
Continuous open driveways in excess of sixteen (16) feet at
the street line shall be prohibited, except that for non-residential
uses, driveways of eighteen (18) feet for one-way traffic and twenty-five
(25) feet for two-way traffic shall be provided.
(c)
Unrestricted vehicular access shall not be permitted between
adjacent properties. Controlled vehicular access between two (2) or
more adjacent properties, if required or approved by the Board, shall
be limited to not more than one (1) opening providing two (2) lanes
of traffic and shall be located in such a manner as to maintain continuity
of traffic circulation on both properties. The opening shall occur
at the point furthest from the street line which would facilitate
the joining of the properties. The remainder of the side lot lines
shall be separated by a landscaped dividing strip, ten (10) feet in
width, located on each property being developed. If an adjoining property
is not yet being developed, there shall be provided a similar dividing
strip at least ten (10) feet wide at the time of development.
2.
Aisles. The provision of parking spaces shall also include adequate
driveways and necessary turning areas for handling the vehicles for
which provision is made. Parking areas shall be designed to permit
each motor vehicle to proceed to and from the parking space provided
for it without requiring the moving of any other motor vehicle. Aisles
providing access to parking spaces shall have the following minimum
dimensions. Where the angle of parking is different on both sides
of the aisle, the large aisle width shall prevail.
|
Angle of Parking Space
|
One-Way Aisle
|
Two-Way Aisle
|
|---|---|---|
|
90
|
24 ft.
|
24 ft.
|
|
60
|
18 ft.
|
20 ft.
|
|
45
|
18 ft.
|
20 ft.
|
|
30
|
15 ft.
|
20 ft.
|
|
parallel
|
12 ft.
|
20 ft.
|
3.
Lots Over One Hundred (100) Spaces.
(a)
The parking area shall be divided as nearly as possible into
smaller lots of not more than fifty (50) spaces separated by landscaped
dividing strips.
(b)
Exit drives in which direct access to stalls is prohibited shall
extend a minimum distance of sixty (60) feet from the curb to the
first major access aisle.
(c)
Wherever feasible, access drives located along one-way streets
or divided highways shall be one-way drives.
(d)
If the Board determines that the total number of off-street
parking spaces required by this section may not be required for a
specific use or in the immediate future it may approve a staged development
plan requiring that only a portion of the parking area, in no case
less than sixty-five (65%) percent of the required spaces, be completed
initially, subject to the following regulations:
(1)
The site plan shall clearly indicate both that portion of the
parking area to be paved initially and the total parking needed to
provide the number of spaces required by this section.
(2)
The plan shall provide for adequate drainage of both the partial
and total parking areas.
(3)
The portion of the parking area not to be paved initially shall
be landscaped.
(4)
The applicant shall post a separate performance guarantee which shall reflect the cost of installing the additional parking facilities necessary to provide the total number of parking spaces required. This shall be in addition to the performance guarantees required by Section 25-9.
(5)
In lieu of a permanent Certificate of Occupancy, a temporary
Certificate of Occupancy shall be issued for a period of two (2) years.
Prior to the expiration of the two (2) year period, the applicant
may either install the additional parking shown on the site plan and
apply to the Construction Official for issuance of a permanent Certificate
of Occupancy or apply to the Board after the use has been in operation
a minimum of eighteen (18) months for a determination as to whether
or not the initial paved parking area provided is adequate. If the
Board determines that the parking facility is adequate as originally
constructed, the additional performance guarantee may be released
and a permanent Certificate of Occupancy issued. The area to be landscaped
may be provided in either curbed safety islands or curbed divider
strips, or both, as approved by the Board. These areas shall have
a minimum width of ten (10) feet, and be distributed throughout the
parking area in order to break the view of long rows of parked cars
in a manner not impairing driver visibility.
4.
Parking for the Handicapped. Parking spaces for the handicapped shall
be located to provide convenient access to building entrances by way
of depressed curbs and ramps in accordance with State regulations.
The number of spaces to be provided shall be determined by the following
table:
|
Total Parking Spaces in Parking Area
|
Minimum Number of Spaces to Be Provided for Physically Handicapped
|
|---|---|
|
16—50
|
2
|
|
51—75
|
3
|
|
76—100
|
4
|
|
101—150
|
5
|
|
151—200
|
6
|
|
201—300
|
7
|
|
301—400
|
8
|
|
401—500
|
9
|
|
501—1,000
|
2% of Total
|
|
over 1,000
|
20 plus 1 for each
|
5.
Sight Easements. No commercial signs, light standards or other above-ground
obstructions other than plantings shall be permitted within ten (10)
feet of the street right-of-way.
f.
Conditions for Waiver of Parking and Loading Requirements. If the
Board determines that the total number of off-street parking spaces
required by this section may not be required for a specific use or
in the immediate future it may approve a staged development plan requiring
that only a portion of the parking area, in no case less than sixty-five
(65%) percent of the required spaces, be completed initially, subject
to the following regulations:
1.
The site plan shall clearly indicate both that portion of the parking
area to be paved initially and the total parking needed to provide
the number of spaces required by this section.
2.
The plan shall provide for adequate drainage of both the partial
and total parking areas.
3.
The portion of the parking area not to be paved initially shall be
landscaped.
4.
The applicant shall post a separate performance guarantee which shall reflect the cost of installing the additional parking facilities necessary to provide the total number of parking spaces required. This shall be in addition to the performance guarantees required under Section 25-9.
5.
In lieu of a permanent Certificate of Occupancy, a temporary Certificate
of Occupancy shall be issued for a period of two (2) years. Prior
to the expiration of the two (2) year period, the applicant may either
install the additional parking shown on the site plan and apply to
the Construction Official for issuance of a permanent Certificate
of Occupancy or apply to the Board after the use has been in operation
a minimum of eighteen (18) months for a determination as to whether
or not the initial paved parking area provided is adequate. If the
Board determines that the parking facility is adequate as originally
constructed, the additional performance guarantee may be released
and a permanent Certificate of Occupancy issued. If, however, the
Board determines that the parking area initially paved is not adequate,
the applicant shall be required to install the additional parking
facilities in accordance with the terms of the additional performance
guarantee prior to the issuance of a permanent Certificate of Occupancy.
g.
Landscaping.
1.
Except for detached dwelling units, a screen planting of a dense
evergreen material not less than four (4) feet in height shall be
provided between the off-street parking areas and any lot line or
street line except where a building intervenes or where the distance
between such areas and the lot line or street line is greater than
one hundred fifty (150) feet.
2.
All loading areas shall be landscaped and screened sufficiently to
obscure the view of the parked vehicles and loading platforms from
any public street, adjacent residential district or uses and the front
yards of adjacent commercial and industrial uses. Such screening shall
be by a fence, wall, planting or combination of the three (3) and
shall not be less than four (4) feet in height.
3.
Parking areas for more than fifty (50) cars shall contain landscaped
islands or strips. These areas shall be planted with trees or shrubs
or a combination of the two (2).
h.
Lighting. All parking facilities providing five (5) or more parking
spaces shall be lighted. Lighting in and around the parking areas
shall provide for nonglare, color corrected lights focused downward.
The light intensity provided at ground level shall be a minimum of
three-tenths (.3) footcandle anywhere in the area to be illuminated,
shall average a minimum of five-tenths (.5) footcandle over the entire
area, and shall be provided by fixtures with a mounting height of
not more than twenty-five (25) feet or the height of the building,
whichever is less, measured from the ground level to the centerline
of the light source and spaced a distance not to exceed five (5) times
the mounting height.
i.
Surfacing. Off-street parking lots and loading areas, together with
their access aisles, driveways and fire lanes, shall not occupy more
than thirty-five (35%) percent of the lot area.
j.
Curbing.
1.
All off-street parking and loading areas shall be provided with curbing
so that vehicles cannot be driven onto required perimeter landscaped
areas, buffer zones and street rights-of-way and so that each parking
and loading area has controlled entrances and exits and drainage control.
Curbing shall be located to prevent any part of a vehicle from overhanging
internal sidewalks or landscaped areas. Parking and loading spaces
shall not be an extension of any street right-of-way.
2.
Curbing shall be depressed at the driveway or the curbing may be
rounded at the corners and the driveway connected with the street
in the same manner as another street.
3.
Parking areas for twenty-five (25) or more cars and access drives
for all parking areas on arterial streets shall provide curbed return
radii of not less than fifteen (15) feet for all right turn movements
and left turn access from one-way streets and concrete aprons on entrance
and exit drives.
4.
Parking areas for fewer than twenty-five (25) cars may utilize concrete
aprons without curb returns at entrance and exit drives which are
not located on an arterial street.
k.
Drainage. All parking areas, regardless of size and location, shall
be suitably drained and maintained.
l.
Markings. All off-street parking lots shall have adequate designations
to control traffic flow and indicate parking spaces. Such designations
may include traffic safety signs and devices, paint striping to delineate
parking stalls, barrier lines, lane lines, directional arrows, stop
lines, fire lanes and other striping as may be required to insure
safe and convenient traffic circulation. Striping shall be in substantial
conformance with the Uniform Manual on Traffic Control Devices.
m.
Pavement. The pavement for all off-street parking shall be constructed
according to the specifications and procedures as set forth in the
standard specifications in accordance with the following guidelines:
1.
The base course for all off-street parking shall be placed on a compacted,
unyielding subgrade and shall consist of a minimum of six (6) inches
of graded quarry blend (Mix No. 5A) which has been inspected and approved
by the Township Engineer.
2.
The surface course for all off-street parking shall consist of two
(2) inches of bituminous concrete, Type FA-BX-1, Mix No. 5 constructed
in accordance with New Jersey State Highway Specifications.
3.
A prime coat shall be applied between the base course and the surface
course in accordance with the New Jersey State Highway Specifications.
An application for a permit shall provide documentation that
the intended use will comply with the performance standards enumerated
below. In the case of a structure being built where the future use
is not known, a construction permit may be issued with the condition
that no Certificate of Occupancy will be issued until such time as
this documentation is submitted with respect to the particular occupant.
A new application and a new Certificate of Occupancy shall be required
in the event of a change of any use of any structure.
a.
Electrical and/or Electronic Radiation Control. All electrical or
electronic devices located within the boundaries of a dwelling unit,
manufacturing, industrial or commercial building, medical clinic or
professional office shall be subject to the provisions of Public Law
90-602, 90th Congress, HR 10790, dated October 18, 1968, entitled
"An Act for the Protection of Public Health and Safety from the Dangers
of Electronic Product Radiation." Radiation products as defined in
DHEW Publication No. (FDA) 75-8003 shall be so limited and controlled
so that no measurable energy can be recorded at any point beyond the
property boundaries. Applicant shall, upon request, produce certified
data wherein measurements made in accordance with the procedure and
standards set forth in the DHEW Publication No. (FDA) 75-8003 adequately
demonstrate compliance to the minimum standards established by the
Act. All other forms of electromagnetic radiation lying between 100
KHz and 10 GHz shall be restricted to the technical limits established
in the Federal Communication Commission's Rules and Regulations.
b.
Glare. No use shall produce a strong, dazzling light or reflection
of a strong, dazzling light or glare beyond its lot lines. Exterior
lighting shall be shielded, buffered and directed so that glare, direct
light or reflection will not become a nuisance to adjoining properties,
adjoining dwelling units, adjoining districts or streets.
c.
Heat. No use shall produce heat perceptible beyond its lot lines.
Further, no use shall be permitted which would cause the temperature
to rise or fall in any part of ponds, streams or other water courses.
d.
Noise. Noise levels for commercial and industrial enterprises shall
be designed and operated in accordance with the regulations established
by the New Jersey State Department of Environmental Protection as
they are adopted and amended.
e.
Odor. Odors shall not be discernible at the lot line or beyond.
f.
Storage and Waste Disposal. No materials or wastes shall be deposited
upon a lot in such form or manner that they may be transferred off
the lot by natural causes or forces nor shall any substance be deposited
which can contaminate an underground aquifer or otherwise render such
underground aquifer undesirable as a source of water supply or recreation,
or which will destroy aquatic life. All materials or wastes which
might cause fumes or dust or which constitute a fire hazard or which
may be edible or otherwise attractive to rodents or insects shall
be stored indoors and enclosed in appropriate containers adequate
to eliminate such hazards.
g.
Vibration. There shall be no vibration which is discernible to the
human sense of feeling beyond the immediate site on which such use
is located.
a.
Retaining Walls and Embankment Slopes.
1.
When retaining walls, terraces, embankment slopes or similar types
of earthen retaining devices are necessitated, they shall be kept
in good repair or otherwise maintained so as to keep the site and
surrounding areas free of debris and dirt.
2.
Where a parking area is proposed on a site having a slope greater
than ten (10%) percent, regardless of size, it shall be terraced,
utilizing retaining walls or properly reinforced embankment slopes
and providing for adequate safety, stability and drainage.
3.
To preserve the integrity of pavements, embankments and excavations
for paved areas, slope returns shall be provided with slopes no steeper
than one (1) foot vertical rise for every three (3) feet of horizontal
distance. At no time shall an embankment slope that is not reinforced,
or any other earthen material having a greater elevation than the
adjacent pavement area, have a slope exceeding a ratio of three to
one (3:1).
b.
Bulkheads.
1.
All development on tidal lagoons, navigable waterways or other bodies
of water, either existing or proposed, shall provide for bulkheading.
All development on non-tidal bodies of water, either existing or proposed,
shall provide for bulkheading or other appropriate permanent bank
stabilization, acceptable to the Board. In no case shall bank slopes,
bulkhead, rip-rap, revetments, or other elements of bank stabilization
be located within required minimum yard areas.
2.
Bulkheads may be constructed of treated timber, reinforced concrete,
marine alloy steel or other materials in accordance with approved
details (if adopted) and a detailed design to be submitted by the
developer in each case for approval by the Township Engineer, and
such other approval authorities, including, but not limited to, the
United States Army Corps of Engineers, as may be necessary.
3.
New or reconstructed lagoons shall have a minimum width of one hundred
(100) feet and be provided with suitable turning basins.
4.
The Board may consider waiver and/or modification of this requirement
when necessary to preserve wetlands or other natural features, provided
that minimum lot sizes are maintained and that all development may
be made reasonably secure from erosion.
a.
All public services shall be connected to an approved public utilities
system where one exists.
b.
The developer shall arrange with the servicing utility for the underground
installation of the utilities' distribution supply lines and service
connections in accordance with the provisions of the applicable Standard
Terms and Conditions incorporated as part of its tariff as the same
are then on file with the State of New Jersey Board of Public Utility
Commissioners and the developer shall provide the Township with four
(4) copies of a final plan showing the installed location of the utilities.
The developer shall submit to the Board, prior to the granting of
final approval, a written instrument from each serving utility which
shall evidence full compliance or intended full compliance with the
provisions of this paragraph; provided, however, that:
1.
Lots which abut existing streets or rights-of-way where overhead
electric or telephone distribution supply lines and service connections
have heretofore been installed may be supplied with electric and telephone
service from these overhead lines, if no new poles are required, but
any new service connections from the utilities' overhead lines shall
be installed underground; and
2.
In cases where extensions of service are needed to existing buildings
or new buildings in established subdivisions, industrial parks, or
shopping; centers, the present method of service may be continued.
c.
In the case of existing overhead utilities, should a road widening
or an extension of service or other such condition occur as a result
of the development and necessitate the replacement or relocation of
such utilities, such replacement or relocation shall be underground.
d.
Wherever the utility is not installed in the public right-of-way,
an appropriate utility easement not less than twenty-five (25) feet
in width shall be provided in consultation with the companies or Township
departments concerned and, to the fullest extent possible, be centered
on, or adjacent to, rear or side lot lines. Such easement dedication
shall be expressed on the plat or plan as follows "Utility right-of-way
easement granted for the purposes provided for and expressed in the
Land Development Ordinance of the Township."
a.
If a public treatment and collection system is accessible or planned,
the developer shall construct facilities in accordance with N.J.D.E.P.
permit requirements and A.T.M.U.A. rules and regulations and in such
a manner as to make adequate sewage treatment available to each lot
and structure within the development from said treatment and collection
system.
b.
Individual on-lot treatment plants and collection systems, including,
septic systems, shall be designed in accordance with the requirements
of the State Health Department or Township ordinances enforced by
the Township Department of Health, whichever is more restrictive,
and shall be subject to approval by the Township Department of Health.
c.
No subdivision shall be approved without satisfactory evidence of
the availability of public sewage collection and treatment or, where
no such public system can be made available, certification by a licensed
professional engineer that each lot proposed to be served by an individual
septic system can accommodate such septic system without threat to
the public health and safety or to health and safety of the lot owner(s).
For the purposes of such certification, a minimum of two (2) passing
percolation tests and a soil log of one (1) of the passing holes shall
be required for each lot, such tests and log to be located within
the proposed disposal area. The test results and other applicable
requirements regulating location(s) of test holes, etc., shall be
in compliance with the "Individual Sewage Disposal Code of New Jersey"
and shall be so shown on the plat and certified by a licensed professional
engineer. All such tests must be witnessed by the Township Engineer
who shall be notified by the developer at least forty-eight (48) hours
prior to the initiation of the tests.
[Ord. No. 11-1985]
Sidewalks and aprons shall be required on both sides of Routes
34 and 35, along any existing or proposed street in a non-residential
development and as further required on or off-site by the Planning
Board based upon considerations of the probable volume of pedestrian
traffic, the development's location in relation to other populated
areas, and the general type of improvement intended.
Sidewalks shall be required in APT/TM and PRD developments as
needed for safe pedestrian circulation. Sidewalks may follow streets
and/or open space corridors, as suggested by probable pedestrian travel
patterns.
a.
Sidewalk Location and Size.
1.
Where required along public streets, sidewalks shall be at least
four (4) feet wide and located a minimum of three (3) feet from the
curb face.
2.
Where required within parking areas and located perpendicular to
parking stalls, sidewalks shall be at least five (5) feet six (6)
inches wide or else they shall be at least four (4) feet wide and
separated from the curb by a distance of at least three (3) feet.
3.
Where sidewalks have already been installed in locations other than
as specified above or where such variations in sidewalk locations
are needed due to topography or the need to preserve trees or natural
features, the Board may approve alternate sidewalk locations in order
to provide for the preservation of physical features or the continuation
of the existing sidewalks.
b.
Sidewalk Construction.
1.
Sidewalks shall be four (4) feet wide and four (4) inches thick,
except crossing driveways, where the thickness shall be increased
to six (6) inches for residential uses and all drives to parking areas
of less than fifty (50) spaces and eight (8) inches for drives to
larger parking areas and all other uses.
2.
The sidewalk subgrade shall be six inches thick porous material approved
by the Township Engineer and compacted prior to the placement of any
sidewalk as directed by the Township Engineer.
3.
All six (6) inch or eight (8) inch sidewalk areas crossing driveways
shall be reinforced at the midpoint or one-third (1/3) points, respectively,
of the sidewalk section. Reinforcing shall be welded wire fabric (66-1212),
or an equivalent approved by the Township Engineer. The width of reinforced
sidewalks shall be not less than the width of the driveway plus ten
(10) feet, five (5) feet each side.
4.
Grading of sidewalk areas shall slope at two (2%) percent from the
top of the curb, and sidewalk construction shall conform to this slope.
c.
Apron Construction.
1.
Reinforced concrete aprons shall be constructed at all driveways
between the concrete curb (or combination curb and gutter) and the
concrete sidewalk. Such aprons shall be six (6) inches thick for residential
uses and all drives to parking areas of less than fifty (50) spaces
and eight (8) inches for drives to larger parking areas and all other
uses.
2.
When sidewalks are not required, there shall be installed at the
driveway of each building lot a bituminous concrete apron between
the curb and the right-of-way line which shall consist of a minimum
of four (4) inches of crushed stone and a two (2) inch bituminus concrete
wearing surface. The apron shall be at least fifteen (15) feet wide
at the curb line and shall be tapered to not less than twelve (12)
feet in width at the right-of-way line.
d.
Curb Ramps.
1.
Curb ramps for the physically handicapped shall be constructed on
all street curb returns and where appropriate, in parking areas.
2.
Two (2) curb ramps shall be constructed at each corner unless site
conditions preclude the use of the two (2) ramp system. Where a grass
or landscaped area exists between the curb and the sidewalk, side
ramps need not be provided. Curb ramps shall be provided at all four
(4) corners of full intersections and at the two (2) corners plus
a location across the street from both of the ramps a "T" intersections.
3.
Curb ramps shall be constructed with a rough broom finish in accordance
with New Jersey Department of Transportation specifications and shall
be flush with the street pavement at the gutter line.
[Ord. No. 6-1988; Ord. No. 20-1992; Ord.
No. 19-1993; Ord. No. 21-2010; Ord. No. 14-2012 §§ 2,
3; Ord. No. 12-2014]
a.
General Provisions. No sign may be placed on or attached to a building
or erected independently for any purpose other than to advertise a
permitted business or use conducted on the same premises. No billboards
shall be erected or replaced.
No signs shall be erected, altered or replaced which are not
in accordance with the standards established in this Ordinance. Except
for home professional offices and temporary real estate signs, the
erection of any sign shall require a construction permit. No sign
of any type shall be permitted to obstruct driving vision, traffic
signals, traffic directional and identification signs, other places
of business, other signs or windows of the building on which they
are located. No sign shall be attached to trees, fence posts, stumps,
utility poles or other signs but shall be free-standing or attached
to buildings in an approved manner.
1.
Animated, Flashing and Illusionary Signs. Signs using mechanical
or electrical devices to revolve, flash or display movement or the
illusion of movement are prohibited.
2.
Height. No free-standing or attached sign shall be higher at any
point than the roof line of the building, except that no sign shall
exceed any lesser height if particularly specified in this section.
In addition, no attached sign shall project into or hang over a street
right-of-way, and no sign shall project beyond a building in a manner
placing it above an area traversed by motor vehicles such as, but
not limited to, driveways and parking areas. Where signs project beyond
a building facade or wall over a pedestrian way, the lowest portion
of the sign shall be at least eight (8) feet above the walkway.
3.
Free-standing signs shall be supported by one (1) or more columns
or uprights which are firmly embedded in the ground. Exposed guy wires,
chains or other connections shall not be made a permanent support
of the free-standing sign.
4.
Illuminated signs shall be so arranged as 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, beacon or
flashing form resembling an emergency light shall be erected in any
location. Illuminated signs shall comply with the National Electric
Code.
5.
Information and Direction Signs. Street number designations, postal
boxes, on-site directional and parking signs, warning signs and signs
posting property as "private property," "no hunting" or similar signs
are permitted in all zones but are not to be considered in calculating
sign area. No such sign shall exceed two (2) square feet in area.
6.
Maintenance. Signs must be constructed of durable materials, maintained
in good condition and not allowed to become dilapidated.
7.
Political Signs. Notwithstanding any other provisions of this chapter
to the contrary, it shall be lawful in any zone to erect, construct
or display political signs directing attention to any candidate for
public office or to any political party or any political campaign
drive, movement or event, for a period of not more than sixty (60)
days prior to, nor more than ten (10) days after, any general, special,
primary or school board election. The erection of such signs shall
not require site plan approval or a construction permit.
8.
Portable Signs. No sign shall be exhibited which is portable, i.e.,
fixed on a movable stand, self-supporting without being firmly embedded
in the ground, supported by other objects, mounted on wheels or movable
vehicles, or made easily movable in some other manner.
9.
Real estate signs temporarily advertising the sale, rental or lease
of the premise or portion thereof shall be, if not attached to the
building, set back at least ten (10) horizontal feet from all street
lines. Such signs shall not exceed nine (9) square feet on each of
two (2) sides and shall be removed at the expense of the advertiser
within fifteen (15) days after the termination or completion of the
matter or business being advertised. "Sold" signs shall be permitted
between the signing of the contract of sale and the date of the legal
closing. All such signs do not need a construction permit.
10.
Sign area 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, whether open or enclosed, but said
area shall not include any supporting, framework and bracing incidental
to the display itself. For signs with two (2) sides the maximum area
requirement shall be permitted on each side. Signs with more than
two (2) sides are prohibited.
11.
Temporary Signs. Interior window signs shall not be considered in
computing the allowable signs provided, however, that such interior
signs shall not exceed twenty (20%) percent of the total window area.
12.
Wall fascia or attached signs shall be firmly attached to the exterior
wall of a building and shall not project more than fifteen (15) inches
from the building.
b.
Permitted Signs.
1.
Residential Districts.
(a)
Churches, schools and institutional buildings. Two (2) announcement
signs, each of which shall not exceed twelve (12) square feet in area.
If not attached to the building, they shall not exceed ten (10) feet
in height and shall be set back twenty (20) feet from all street lines.
(b)
Home professional office. One (1) unlighted or white lighted-from-within
nameplate sign identifying the home office. The sign shall not exceed
two (2) square feet in area and shall be attached flat against the
building or free-standing (if free-standing, no higher than six (6)
feet and set back from all lot lines ten (10) feet).
(c)
Apartments, townhouses. Each development may have one (1) sign
along each arterial or collector road which the tract in question
abuts provided there exists at least two hundred fifty (250) feet
of unbroken frontage. Such sign(s) shall not exceed ten (10) feet
in height, shall be set back from the street rights-of-way and driveways
at least thirty (30) feet, shall be set back from any property line
a minimum of fifty (50) feet, shall not exceed an area of forty (40)
square feet and shall be used only to display the development's name.
2.
(Reserved)
3.
Neighborhood Commercial "NC" District.
(a)
Attached signs. One (1) unlighted or lighted sign on each building
facade with at least fifty (50) feet of street frontage. The total
area of the sign shall not exceed ten (10%) percent of the area of
the face of the wall upon which such sign is attached or thirty (30)
square feet, whichever is smaller. Where the building(s) is (are)
designed for rear or side entrances, one (1) unlighted sign may be
attached flat against the building at the rear and side entrances,
each sign not to exceed an area equivalent to half that of the sign
on the front of the building.
(b)
Free-standing signs. One (1) unlighted or lighted free-standing
sign for each principal building or group of attached principal buildings.
4.
Highway Commercial "HC" and Conservation "CR" District.
(a)
Attached signs. One (1) unlighted or lighted sign on each building
facade with one hundred fifty (150) feet of street frontage. The total
area of the sign shall not exceed ten (10%) percent of the area of
the face of the wall upon which such sign is attached or fifty (50)
square feet, whichever is smaller. Where building(s) is (are) designed
for rear or side entrances, one (1) unlighted sign may be attached
flat against the building at the rear and side entrances, each sign
not to exceed an area equivalent to half that of the sign on the front
of the building.
(b)
Free-standing signs. One (1) unlighted or lighted free-standing
sign for each principal building or group of attached principal buildings
(except auto service stations).
(1)
Height. Thirty-five (35) feet or the height of the principal
building, whichever is shorter.
(2)
Setback. At least twenty (20) feet from all street lines and
fifty (50) feet from all side property lines.
(3)
Area. One (1) square foot of area for every two (2) linear feet
of unbroken frontage up to seventy-five (75) square feet.
(c)
Sandwich Boards. One (1) unlighted sandwich board sign for each
principal building or group of attached principal buildings.
(1)
Design. Must be at least thirty (30) inches wide and forty (40)
inches high and designed to withstand area wind loads.
(2)
Location. Must be located no further than five (5) feet from
the front wall of the building.
(3)
Display. May be displayed outside during normal business hours.
No sign may be placed outside overnight.
(4)
Fee. There will be a twenty-five ($25) dollar fee required along
with a zoning permit.
5.
Regional Commercial "RC" District.
(a)
Attached signs. One (1) unlighted or lighted sign on each principal
building facade with at least two hundred fifty (250) feet of street
frontage. The total area of the sign shall not exceed ten (10%) percent
of the area of the face of the wall upon which such sign is attached
or seventy-five (75) square feet, whichever is smaller. Where the
building(s) is (are) designed for rear or side entrances, one (1)
unlighted sign may be attached flat against the building at the rear
and side entrances, each sign not to exceed an area equivalent to
half that of the sign on the front of the building. Where more than
one (1) use occupies a building, a sign not exceeding eight (8) square
feet, identifying the name of the use, may also be attached at the
entrance.
(b)
Free-standing signs. One (1) unlighted or lighted free-standing
sign for each principal building or shopping center.
6.
Research Office "RO" Manufacturing "MFG" and Light Industrial "LI".
Each principal building (including restaurants, taverns, hotel/motel
complexes, manufacturing plants and wholesale or distribution centers)
may have one (1) lighted or unlighted sign either free-standing or
attached.
7.
Office Residential "OR" District.
(a)
Non-residential principal buildings which have frontage on Route
34 shall comply with the sign requirements specified for the Neighborhood
Commercial District (subsection 25-4.6h). Such signs shall be located
on building facades and/or free-standing along Route 34 only.
8.
Street Signs. Street signs shall be of a type approved by the Planning
Board. The location of the street signs shall be determined by the
Planning Board, but there shall be at least two (2) signs furnished
at each intersection. All signs shall be installed free of visual
obstruction.
c.
Temporary Signage.
1.
General.
(a)
Note that granting of approval for this use shall not establish
a permanent preexisting right should this paragraph be modified or
repealed.
(b)
Applicant shall complete an application, requesting zoning approval
for all signs which includes, supplying a plot plan or site plan showing
the location of the proposed signage, signs and a print to scale of
the proposed signage, showing lettering, colors, and dimensions of
the proposed signage.
(c)
Signage shall not be permitted to interfere with or obstruct
any of the following: driver's vision, traffic signals, traffic directional
signs, traffic identification signs, store windows and/or public rights-of-way.
(d)
Signage shall not be animated, flashing or contain moving letters
or symbols.
(e)
Signs must be made of weather proof materials and be no larger
than twenty-two by twenty-eight (22 x 28) inches.
(f)
Signage shall be securely fastened to the ground and must not
be placed on trees and tree stumps, fence posts, utility poles and
sidewalks or in public rights-of-way.
2.
Grand Openings. Temporary grand opening signage (signs, banners,
flags, including flutter or feather flags, pennants and lawn signs)
are permitted in the following zoning districts:
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HC (Highway Commercial)
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RC (Regional Commercial)
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LI (Light Industrial)
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RO (Research Office)
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MFG (Manufacturing)
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(a)
Applicant shall complete an application requesting zoning approval
at least six (6) weeks in advance of opening.
(b)
Content of signs are limited to the business or service.
(c)
No sign may be displayed on a roof top structure or parked vehicle,
except that wrapped signage or magnetic signs are permitted on licensed
operational vehicles.
(d)
Grand opening signs, flags, pennants, banners and lawn signs
must be made of weather-proof plastic, cloth, vinyl materials or weather-proof
poster board.
(e)
Grand opening signs may be placed at all store entrances for
the business, and the location must be so noted on zoning application
and plot plan.
(f)
Pennants may be hung from a finished façade to another
nonpublic structure (i.e. light pole) on the property, with height
clearance of fourteen (14) feet minimum. Temporary grand opening signs
must be securely fastened to a building facade, and may not exceed
ten (10%) percent of the area of the face of the wall upon which the
sign is attached, or twenty-four (24) square feet, whichever is smaller.
(g)
With the approval of the Zoning Officer, temporary grand opening
signs may be erected at any time prior to the grand opening; however,
signage can only be in place for a maximum of fourteen (14) consecutive
days. All temporary signage must be removed on or before the 15th
day.
(h)
The fee for grand opening signs, banners, flags, pennants and
lawn signs is fifty ($50) dollars.
3.
Lawn Signs. Lawn signs will be permitted in the following zoning
districts:
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HC (Highway Commercial)
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RC (Regional Commercial)
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LI (Light Industrial)
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RO (Research Office)
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MFG (Manufacturing)
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(a)
The maximum number of lawn signs shall be six (6).
(b)
Lawn signs must be on store owner's property, or landlord's
property with their approval in writing.
(c)
With the approval of the zoning officer, lawn signs may remain
in place for a two (2) week period each quarter, which may be broken
up into one (1) week intervals. Lawn signs are to be used in combination
with special events or grand openings. If used as a special event,
lawn signs are limited to once per calendar quarter.
(d)
The fee for lawn signs is twenty-five ($25) dollars per two
(2) consecutive weeks.
4.
Signage for Not-For-Profit Organizations. Signage for not-for-profit
organizations will be permitted in the following zoning districts:
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HC (Highway Commercial)
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RC (Regional Commercial)
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LI (Light Industrial)
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RO (Research Office)
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MFG (Manufacturing)
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R 50, R 60, R 70, R 75, R 100, (single-family residential zones)
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(a)
The maximum number of signs may be one (1) per street.
(b)
With the approval of the zoning officer, signs may be put in
place two (2) weeks before the scheduled event and must be removed
within three (3) working days after the event.
(c)
The fee for placement of signs for not-for-profit organizations
will be waived.
5.
Prohibited Temporary Signage. Signage as listed below will not be
permitted within the Township:
(a)
Blackboard type signs
(b)
(Reserved)
(c)
Advertising device type signs, such as blimps, balloons, blow
ups
(d)
Animated signs
(e)
Live signs
(f)
Skins
If any of these signs or devices are used, you will be asked
to remove them immediately. You may also forfeit your right to put
up promotional signage in the next quarter.
6.
Special Events, Promotional Events. To accommodate the needs of Aberdeen
Township business owners, churches and synagogues, special events,
such as holiday or seasonal sales, promotional events, and anniversary
celebrations will be permitted in the following zoning districts:
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HC (Highway Commercial)
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RC (Regional Commercial)
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LI (Light Industrial)
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RO (Research Office)
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MFG (Manufacturing)
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R 50, R 60, R 70, R 75, R 100, (single-family residential zones)
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(a)
At least six (6) weeks in advance of the proposed event/promotion,
the applicant shall complete an application requesting zoning approval.
(b)
Special events and promotional events may be held four (4) times
per year, for a period of two (2) weeks during each calendar quarter
and the two (2) week period may run consecutively or separately within
the quarter.
(c)
With the approval of the Zoning Officer, the event must start
on the day approved and end on the end date specified in the application
and the set up for the event may be a maximum of two (2) days before
the event, and must be removed within two (2) business days after
the event. The Zoning Officer will coordinate with any Township agencies
necessary to grant approval, such as Police, Fire or Board of Health.
Once approval is given in writing to the applicant, with copies to
other required agencies, if any, the applicant may proceed to prepare
for the event.
(d)
The zoning fee is twenty-five ($25) dollars per two (2) consecutive
weeks.
Solid wastes from all uses other than residentially zoned areas,
if stored outdoors, shall be placed in metal receptacles within a
screened refuse area.
a.
The screened refuse area shall not be located within any front yard
area.
b.
The refuse storage area shall be surrounded on at least three (3)
sides by a solid uniform fence or wall not less than six (6) feet
in height.
c.
A four (4) foot minimum width landscaping area shall be provided
along the fence or wall enclosing the refuse storage area. The landscaping
to be provided shall be shown on the site plan submitted for Board
approval.
d.
The opening in the enclosed refuse area shall be located to minimize
the view of refuse from adjoining properties or public streets.
e.
If located within or adjacent to a parking area or access drive,
the enclosed refuse area shall be separated from such parking area
or access drive by curbing and shall not be located so as to interfere
with traffic circulation or the parking of vehicles.
f.
All refuse shall be deposited in containers maintained within the
refuse area. No containers shall be maintained anywhere on a site
except in a refuse area meeting these requirements.
g.
There shall be provided at least one (1) outdoor refuse storage area
of at least one hundred (100) square feet for each ten thousand (10,000)
square feet of floor area. The refuse storage area shall be suitably
located and arranged for access and ease of collection and shall not
be part of, restrict or occupy any parking aisle and shall not be
located further than three hundred (300) feet from the entrance to
any unit which it is intended to serve.
[Ord. No. 11-1985]
a.
Streets.
1.
All developments shall be served by paved public streets with an
adequate crown. The arrangement of streets not shown on the Master
Plan or Official Map, as adopted by the Township, shall be such as
to provide for the appropriate extension of existing streets, should
conform with the topography as far as practicable, and should be so
oriented as to permit, within the limits of practicability and feasibility,
the buildings constructed thereon to maximize solar gain.
2.
When a new development adjoins land susceptible of being subdivided,
suitable provisions shall be made for optimum access of the remaining
and/or adjoining tract to existing or proposed streets.
3.
Local streets shall be so planned and identified with appropriate
signs so as to discourage through traffic.
4.
In the event that a development adjoins or includes existing streets
that do not conform to widths as shown on the adopted Master Plan
and/or Official Map or the street width requirements of this Ordinance,
additional land along either or both sides of said street, sufficient
to conform to the right-of-way requirements, shall be dedicated for
the location, installation, repair and maintenance of streets, drainage
facilities, utilities and other facilities customarily located on
street rights-of-way. The necessary deeds of ownership shall be furnished,
and the dedication shall be expressed as follows: "Street right-of-way
granted permitting the entrance upon these lands for the purposes
provided for and expressed in the Land Development Ordinance of the
Township." This statement shall in no way reduce the developer's responsibility
to provide, install, repair or maintain the facilities in the area
dedicated by ordinance and/or as shown on the plan and/or as provided
for by any maintenance or performance guarantees. If the development
is along one (1) side only, one-half (1/2) of the required extra width
shall be dedicated. Additionally, that portion of the existing street
or road adjoining or included within a site plan or major subdivision
shall be improved, including excavation, grading, base courses and
surfacing in accordance with the road improvement standards of this
Ordinance.
5.
In all developments, the minimum public street right-of-way shall
be measured from lot line to lot line and shall be in accordance with
the following schedule, but in no case shall a new street that is
a continuation of an existing street be continued at a width less
than the existing street although a greater width may be required
in accordance with the following schedule.
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ROW Width
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Traffic Lanes No. Width
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Shoulder Width Within Gutters
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Utility and Rights-of-Way Outside Gutters on Each Side(1)
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Width Between Gutters
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Arterial streets
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80 ft.
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4 @ 12 ft.
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8 ft.
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10 ft.
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64 ft.
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Collector streets
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60 ft.
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2 @ 20 ft.(2)
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10 ft.
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40 ft.
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Local streets
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50 ft.
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2 @ 18 ft.(2)
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7 ft.
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36 ft.(3)
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(1)
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Shall be grass stabilized topsoil, minimum four (4) inches thick.
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(2)
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Areas adjacent to curb available as parking or emergency area.
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(3)
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Except in specific instances where less pavement may be desirable.
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Interior streets in APT/TM and PRD developments with no on-street
parking and no dwellings fronting on the roadway: ROW Width = 40 feet,
Cartway Width = 20 feet.
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6.
Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than sixty (60°) degrees and approaches
to all intersections shall follow a straight line for at least one
hundred (100) feet. No more than two (2) streets shall meet or intersect
at any one (1) point and the centerlines of both intersecting streets
shall pass through a common point. Measuring from this common point,
two (2) intersections shall be spaced a sufficient distance to permit
a minimum of two (2) lots or one hundred fifty (150) feet, whichever
is greater, between the two (2) street rights-of-way. Any development
abutting an existing street classified as an arterial or collector
shall be permitted only one (1) new street connecting with the same
side of the existing street except where the frontage is sufficient,
more than one (1) street may intersect the arterial or collector street
provided the streets shall not intersect with the same side of the
existing street at intervals of less than eight hundred (800) feet
for collectors and twelve hundred (1,200) feet for arterials. The
block corners at intersections shall be rounded at the curbline with
the street having the highest radius requirements as outlined below
determining the minimum standard for all curblines: arterials - 40
feet; collectors - 35 feet; and local streets - 30 feet.
7.
A tangent at least one hundred (100) feet long shall be introduced
between reverse curves on arterial and collector streets. When connecting
street lines deflect from each other at any one (1) point, they shall
be connected by a curve with a radius conforming to standard engineering
practice so that the minimum sight distance within the right-of-way
shall be five hundred (500) feet for local streets, seven hundred
fifty (750) feet for a collector street and one thousand (1,000) feet
for an arterial street.
8.
Culs-de-sac of a permanent nature (where provision for the future
extension of the street to the boundary of the adjoining property
is impractical or impossible) or of a temporary nature (where provision
is made for the future extension of the street to the boundary line
of adjoining property) shall serve no more than fifteen (15) lots
and shall provide a turn-around at the end with a radius of fifty
(50) feet on the curbline plus a utility and planting strip width
of ten (10) feet around the entire cul-de-sac. The center point for
the radius shall be on the centerline of the associated street or
if off-set, off-set to a point where the radius becomes tangent to
the right curbline of the associated street.
9.
No street shall have a name which will duplicate or so nearly duplicate
the name of an existing street that confusion results. The continuation
of an existing street shall have the same name. Curvilinear streets
shall change their names only at street intersections. The Board shall
reserve the right to approve or name streets within a proposed development.
10.
The pavement width of streets and the quality of surfacing and base
materials shall adhere to the minimum standards set forth by the Township,
County or State Engineers when said paving concerns roads under the
jurisdiction and where such standards exist. Concerning streets under
the jurisdiction of the Township, the following standards shall apply:
(a)
The minimum requirements of any new street shall be constructed
according to the specifications and procedures as set forth in the
Standard Specifications.
(b)
On all local roads, the base course shall be three (3) inches
of Bituminous Stabilized Base, Stone Mix No. 1, placed on a compacted,
unyielding subgrade consisting of a minimum of six (6) inches of graded
quarry blend (Mix #5) which has been inspected and approved by the
Township Engineer.
(c)
On all Township collector and arterial streets, the base course
shall consist of Bituminous Stabilized Base, Stone Mix No. 1, applied
in two (2) lifts upon a compacted unyielding subgrade consisting of
a minimum of six (6) inches of graded quarry blend (Mix #5) which
has been inspected and approved by the Township Engineer. Township
collector streets shall have four (4) inches of base course, while
Township arterial streets shall have five (5) inches.
(d)
The surface course for all classes of Township streets shall
consist of one and one-half (1 1/2) inches of Bituminous Concrete,
Type F.A.B.C.-1, Mix No. 5, applied according to state highway specifications.
(e)
In all cases, a tack coat shall be applied between the surface
course and the base course in accordance with the New Jersey State
Highway Specifications.
11.
The approval of any map of land delineating streets by the governing
body of the Township shall in no way be construed as an acceptance
of any street indicated thereon.
b.
Curbs.
1.
Belgian block or concrete curbing shall be installed along every
street within a subdivision and at intersections with existing Township,
County or State roads unless otherwise specified by the Township Engineer.
2.
Concrete curbs for local roads shall be eight (8) inches wide at
their base and not less than six (6) inches wide at their top. Their
heights shall not be less than eighteen (18) inches and be constructed
to show a vertical face above the roadway pavement of six (6) inches.
The rear top corner of this curb shall have a radius of one-fourth
(1/4) inch, and the front top corner shall have a radius of one and
one-half (1 1/2) inches. Curbs at driveway openings shall be
constructed to the full depth of eighteen (18) inches which depth
shall extend a minimum of six (6) inches on either side of the depression.
3.
If Belgian block, stones used for local roads shall not be less than
ten (10) inches in height and shall be constructed to show a vertical
face above the roadway pavement of six (6) inches. Stones used for
Township collector and arterial roads shall not be less than twelve
(12) inches in height and shall be constructed to show a vertical
face above the roadway pavement of eight (8) inches.
c.
Sight Triangles. Sight triangle easements shall be required at intersections,
in addition to the specified right-of-way width, in which no grading,
planting or structure shall be erected or maintained more than three
(3) feet in height as measured from the mean elevation of the finished
grade five (5) feet away from the centerline of the grading, planting
or structure. The sight triangle is defined as that area outside the
right-of-way which is bounded by the intersecting street lines and
the straight line connecting "sight points," one (1) each located
on the two (2) intersecting street centerlines the following distance
away from the intersecting centerlines arterial streets @ three hundred
(300) feet; collector streets @ two hundred (200) feet; and local
streets @ ninety (90) feet. Where the intersecting streets are both
arterial, both collectors or one (1) arterial and one (1) collector,
the two (2) overlapping sight triangles shall be required to be formed
by connecting the "sight points" noted above with a "sight point"
ninety (90) feet on the intersecting street. Such easement dedication
shall be expressed on the site plan or plat as follows: "Sight triangle
deeded for the purposes provided for and expressed in the Land Development
Ordinance."
a.
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools and all appurtenances shall be located in rear yard areas only and shall meet the setback distances for accessory buildings as specified in Section 25-4 for each particular zoning district, except that in no case may a swimming pool be located closer than ten (10) feet to any lot line.
b.
A swimming pool and appurtenances shall occupy no more than seventy-five
(75%) percent of the rear yard area in which they are located.
c.
A private residential swimming pool area must be surrounded by a
suitable fence with a self-latching gate at least four (4) feet, but
no more than six (6) feet, in height.
a.
Where public water is accessible, water mains shall be constructed
in such a manner as to make adequate water service available to each
lot or building within the development. The entire system shall be
designed in accordance with the requirements and standards of the
local and/or State agency having approval authority and shall be subject
to their approval. The system shall also be designed with adequate
capacity and sustained pressure and in a looped system with no dead-end
lines, whenever possible.
b.
When a residential subdivision is to be served by a water utility
company, the subdivider shall provide for the installation of service
lines with a minimum diameter of six (6) inches in the street right-of-way.
Each lot shall be served by a three-fourths (3/4) inch size Type K
service line from the nearest street main.
c.
Where no public water is accessible, water shall be furnished on
an individual lot basis. If wells are installed on each lot and the
lot also contains its own sewage disposal facilities, the wells shall
be of the drilled type with a minimum of fifty (50) feet of casing.
Well installation, sealing and testing shall be in accordance with
the New Jersey Standards for Construction of Water Supply Systems
in Realty Improvements (Ordinance 199 of the Public Laws of 1954),
as amended. The well will be required to have a production of not
less than six (6) gallons per minute as established by bailor tests,
and certified by the well driller. Before being placed in consumer
use, it shall be disinfected by the use of sodium hypochlorite or
other acceptable solutions and a sample collected by a local or State
Health Department representative for bacteriological examination.
A copy of the result of the above referred to bailor tests and bacteriological
examination and a certificate from the local or State Health Officer
that the owner has complied with the applicable local or State health
regulations shall be submitted to the Township before the issuance
of building permits in connection with each individual lot.
d.
All buildings for which a Certificate of Occupancy is granted shall
be within four hundred (400) feet, measured from the midpoint of the
street frontage, of a functioning fire hydrant approved by the appropriate
fire company.
[Ord. No. 18-1990]
a.
Purpose. It is the purpose of this section to promote the public
health, safety and general welfare and to allow the natural recharge
of groundwater supplies, protect the ecological health and function
of streams and the quality of the waters, alleviate hazards to health
and property from surface water run-off, and minimize public and private
losses due to surface water run-off damage. Neither property owners
whose land is at a lower elevation nor neighboring property owners
nor the public at large should bear the cost incident to surface water
run-off damage caused by land disturbance. Rather, these costs should
be borne in the first instance by the individual property owner or
developer who engages in the disturbance which may result in increased
or altered surface water run-off.
b.
Word Usage. Unless specifically defined in Section 25-2, words or phrases used in this section shall be interpreted so as to give them meanings they have in common usage and to give this section its most reasonable application.
c.
General Provisions. The following provisions shall be applicable
to all methods of surface water management governed by this section
unless specifically exempted or waived in accordance with the provisions
of this section:
1.
No application for development shall be deemed complete unless the
Township Engineer has certified to the approving authority that the
applicant has provided the Engineer with sufficient information for
it to determine whether or not the proposed development will conform
to Township run-off standards, run-off details and stormwater detention
facility design criteria.
2.
Planning Board Approval.
(a)
The surface water management plan or any major amendment thereof
shall be approved by the Planning Board in the manner and form and
according to the regulations hereinafter set forth.
The Planning Board, in approving said surface water management
plan, may impose lawful conditions or requirements designated or specified
on or in connection therewith. These conditions and requirements shall
be provided and maintained as a condition of the establishment, maintenance
and continuance of any use or occupancy of any structure or land.
3.
Maintenance and Safety.
(a)
At the time of approval of the plan, responsibility for continued
maintenance of surface water run-off control structures and measures
shall be stipulated and recorded in the resolution of approval.
(b)
Where continued maintenance is to be the responsibility of the
applicant, a proposed maintenance agreement, a form to be provided
by the Township, shall be submitted. The agreement shall specify maintenance
responsibility and standards during and after completion of the proposed
activity and upon approval, shall be recorded by the applicant in
the Office of the Monmouth County Clerk. The applicant shall thereafter
file a copy of the recorded agreement with the Township Planning Department.
The Township shall retain the right to enter and make repairs and
improvements where necessary to ensure that all control measures as
well as areas dedicated to surface water retention or groundwater
recharge are adequately maintained and preserved. The Township may
charge the owner for the costs of these services if such maintenance
is his responsibility.
(c)
Where continued maintenance of a detention basin is to be the
responsibility of the Township, the following provisions shall apply:
(1)
The applicant shall maintain the basin during the construction
phase of the project.
(2)
As a condition of final approval and prior to acceptance of
the basin by the Township, the applicant shall enter into an escrow
agreement with the Township, which agreement shall include a statement
that the escrow contribution is made in consideration of the Township
assuming all future maintenance of the basin. The form of agreement
shall be provided by the Township. The agreement, upon execution,
shall be recorded by the applicant in the Office of the Monmouth County
Clerk. The applicant shall thereafter file a copy of the recorded
agreement with the Township Planning Department.
(3)
The amount of the escrow contribution shall be based upon area
of the detention basin on an acreage basis, which shall include the
plan area at the top of the bank plus an additional twenty-five (25)
feet at the top of the bank encircling the basin. The amount of the
escrow contribution shall be calculated according to the following
formula:
Nine thousand ($9,000) dollars per acre of area of basin, plus
twenty-five thousand ($25,000) dollars per basin for repairs and major
maintenance.
The total of the above shall be multiplied by a factor of one
and one-tenth (1.1) to cover the cost of the first year of maintenance.
The minimum contribution, regardless of the size of the basin,
shall be thirty-five thousand ($35,000) dollars.
(4)
Upon certification by the Township Engineer that the project
is complete and the guarantee bond for the project may be released,
acceptance of the basin by the Township shall be specifically stated
in the resolution authorizing the bond release. The Township shall
retain from the cash portion of the bond a sum equal to the escrow
contribution calculated by the Township Engineer in accordance with
the formula in paragraph c3(c) above. In the event the case portion
of the bond is less than the escrow contribution, the developer shall
post the deficit in cash prior to release of the bond. Any interim
bond reductions authorized by the Township shall not be constructed
to mean that all or any part of the detention basin has been accepted
by the Township nor shall any such interim reduction reduce the cash
portion of the bond to an amount less than the escrow contribution.
(5)
The escrow contribution does not include maintenance of the
lot or open space area in which the detention basin is located.
(d)
In the interest of safety to the public, all detention basin
outlet structures, existing or proposed, shall be equipped with a
debris rack or grating to prohibit entry by persons or by material
which may cause clogging. The owner shall be responsible for insuring
that such device is functioning properly at all times and is locked
in place to discourage removal by unauthorized persons. Design and
placement of the safety debris rack should keep in mind the protection
of the public at all times to avoid accidental entry or injury.
4.
As-Built Certification. Prior to the acceptance by the Township of
any surface water management facilities, the developer's engineer
shall certify that said facilities were constructed in accordance
with the approved plan, and submit as-built plans for the Township
records.
d.
Surface Water Management Plans.
1.
Applicability.
(a)
Plan required. Approval by the municipal agency of a surface
water management plan shall be prerequisite to each of the following:
(1)
Preliminary approval of a major subdivision, including that
of a planned residential development.
(2)
Preliminary approval of a site plan, including that of a planned
residential development.
(3)
Approval of an application to use the residential cluster option.
(4)
A permit for any land disturbance or any construction.
(b)
Exemptions. A surface water management plan shall not be required
where:
(1)
The vegetative cover of the land will not be disturbed.
(2)
The site will be used for agricultural or gardening purposes.
(3)
The land disturbance will take place on sites of one (1) acre
or less already occupied by a residential dwelling.
(4)
The application for development is for a single-family dwelling.
(5)
The application is for a minor subdivision.
(c)
Waiver. The municipal agency may waive the requirement of a
surface water management plan on sites of three (3) acres or less,
upon the recommendation of the Township Engineer, where it is satisfied
that the proposed activity will not result in surface water run-off
damage.
2.
Information Required. A surface water management plan submitted pursuant
to this section shall contain the following information:
(a)
Map. A map at a scale of no smaller than one (1) inch to one
hundred (100) feet [one to one thousand two hundred (1:1,200)], showing
the following:
(1)
Soils of the site prepared from the Monmouth County soil survey
map. Appended to this map shall be text describing the pertinent properties
and characteristics of the soils shown on this map.
(2)
Topography and drainage, showing contours at five (5) foot intervals
where slopes exceed ten (10%) percent and at two (2) foot intervals
where slopes are ten (10%) percent or less. Areas officially designated
as floodways and flood fringe areas, according to the rules and regulations
for delineation of flood hazard areas, as adopted by the New Jersey
Water Policy and Supply Council, shall be shown.
(3)
Major vegetative types.
(4)
Location of all proposed changes to the site whether of a permanent
or temporary nature, including but not limited to impervious surfaces,
improvements or modifications to watercourses, interception of presently
dispersed flow and other factors which may affect surface water run-off.
(5)
Location of all proposed measures for surface water run-off
control.
(6)
Area of the watershed which drains through the site and the
location of the site within the watershed.
(b)
Narrative description. A narrative description shall be submitted,
showing proposed measures for surface water run-off control the sequence
of installation of the surface water run-off control measures as related
to the progress of the project.
(c)
Maintenance agreement. An appropriate maintenance or escrow agreement shall be submitted in accordance with the provisions of subsection 25-9.2.
(d)
Engineering reports. Detailed engineering reports of the following:
(1)
Computations of the surface water run-off, both rate and volume,
from the site in the predevelopment condition and in the postdevelopment
condition.
(2)
Soil logs and other investigations as needed for proper review
of the surface water management plan.
(3)
Detailed engineering plans and performance capabilities of the
surface water collection system and the surface water run-off measure.
(e)
Hydrologist's or engineer's statement. A written statement by a hydrologist or licensed engineer shall be submitted, certifying that the proposed surface water management plan will meet all the standards as set forth in subsection 25-5.23d3 and, where applicable, the design standards set forth in subsection 25-5.23e below.
3.
Standards and Principles. The following standards and principles
shall be applicable to all surface water management measures:
(a)
Rate of run-off. The peak rate of run-off for a two (2)-year,
ten (10)-year and one hundred (100)-year storm from a site during
and after development shall not exceed the predevelopment peak rate
of run-off, or exceed the capacity of downstream drainage facilities.
(b)
Minimize increase. The increase in total volume of run-off from
a site during and after development, from the predevelopment total
volume of run-off shall be minimized.
(c)
Control measures. Run-off control measures shall be used both
to reduce run-off and to increase recharge. Natural and artificial
recharge areas and systems should be employed wherever practicable
to minimize the volume of surface water run-off. Proposed site usage
shall also be considered with regard to site run-off contaminant levels.
On sites containing prime aquifer recharge areas, as delineated by
the appropriate critical areas map, surface water run-off control
measures which recharge water to the groundwater shall be required.
(d)
Run-off to remain in watershed. Run-off within a site shall
ultimately leave the site in the same watershed in which it originated
and shall be released in such a manner as to not substantially increase
predevelopment erosion of adjacent properties.
(e)
Stormwater control.
(1)
Stormwater-retarding structures shall control all storms occurring
more frequently than once in one hundred (100) years including Type
III storms as defined by the Soil Conservation Service.
(2)
All facilities located within the Township designed for eventual
evacuation of stormwater diverted to them, shall be designed in such
a manner to provide for the gradual release of ninety (90%) percent
of the run-off from a rainfall measuring one and one-fourth (1 1/4)
inches occurring in two (2) hours or less, which release shall be
timed so as to be accomplished as close as is reasonably possible
to a point in time thirty-six (36) hours after the start of such rainfall;
provided, however, that such evacuation from a facility serving residential
projects may be designed to accomplish the ninety (90%) percent evacuation
from a similar storm time so as to be accomplished at a point in time
as close as is reasonably possible to eighteen (18) hours after the
start of the rainfall. The specific provisions regarding the timing
of evacuation may be waived if the evacuation is accomplished through
piping with a maximum diameter of three (3) inches or if the water
to be evacuated has reached the facility via unchanneled sheet flow
over fifty (50) or more feet of lawn or vegetation of an equivalent
nature, provided that said flow shall not cross over any land, improved
or unimproved, which may reasonably be expected to add any contaminants
or pollutants to the flow which may adversely affect the central supply
and which would not be removed from the flow by its passage over the
lawn or vegetative area.
(g)
Inlet systems. The inlet system from the final junction to the
retarding structure shall be designed to handle one hundred (100)-year
storms.
(h)
Water velocity at pipe outlets. The maximum velocity at pipe
outlets shall be seven (7) feet per second. To the greatest possible
extent, the plan shall avoid the concentration of flow and shall provide
for dissipation of velocities at all concentrated discharge points.
(i)
Setback requirements. The top of the excavation or the toe of
the outside slope shall be set back twenty-five (25) feet from adjoining
nonresidential property lines and fifty (50) feet from an adjoining
property line of a lot on which there is a residential use. The edge
of the design high water for detention basins shall be set back one
hundred (100) feet from existing or proposed dwelling units.
(j)
Calculation of run-off values. Run-off values shall be calculated
by the Soil Conservation Service method, the rational method (Q =
CIA) or other methods acceptable to the Township Engineer. Either
the Monmouth County Engineering Department standards for the coefficient
of run-off, as set forth in the Monmouth County Land Subdivision Resolution,
on file in the office of the Township Engineer, or other generally
accepted engineering standards, whichever are more stringent, should
be used.
(k)
Use of existing control measures. Maximum use should be made
of presently existing surface water run-off control measures, including
but not limited to berms, terraces, grassed waterways, swamps, swales,
ditches, woodlands, floodplains, favorable hydrologic soils or watercourses.
(l)
Run-off control measures. Run-off control measures listed in
Urban Hydrology for Small Watersheds, TR 55, United States Department
of Agriculture, Soil Conservation Service, on file in the office of
the Township Engineer, may be employed.
(m)
Cluster development. The use of cluster development and conservation
easements should be considered to reduce the rate or volume of surface
water run-off, to reduce the total area of impervious surfaces and
to preserve open space and topographic features critical to surface
water run-off control.
(n)
Construction of run-off control measures. The plan shall consider
construction of specific water run-off control measures prior to beginning
other land disturbance activities.
(o)
Completion of run-off control measures. All water-carrying structures
and/or detention areas shall be completed and stabilized prior to
certification of completion by the Township Engineer and acceptance
by the Township.
(p)
Vegetative cover. Reestablishing vegetative cover shall be in
accordance with Standards for Soil Erosion and Sediment Control in
New Jersey, adopted by the Freehold Soil Conservation District, latest
edition.
(q)
Standards for run-off control measures.
(1)
All measures for surface water run-off control measures shall
be equal to or exceed the standards for such measures as promulgated
by the New Jersey State Soil Conservation Committee and the Freehold
Soil Conservation District, which shall be on file in the office of
the Township Engineer.
(2)
Where applicable, an applicant shall certify through a licensed
engineer that proposed stormwater management facilities have been
designed in a manner consistent with dam safety and other design standards
in accordance with the then current state of the art for such structures
and in accordance with any and all standards which may be required
by law or regulation.
4.
Grading Plans.
(a)
A certified grading plan shall be submitted by the developer
prior to the issuance of a building permit. The grading plan shall
show no less than a two (2%) percent slope for surface run-off, not
to exceed two (2) lots; alternatively, lawn outlets must be provided.
Grading plans showing slopes exceeding four (4%) percent must be approved
for erosion protection by the Township Engineer.
(b)
Prior to the issuance of more than eighty (80%) percent of the
Certificates of Occupancy for each block, a certified as-built grading
plan shall be submitted by the developer, indicating that the approved
grading plan is being complied with. For purposes of this section
"block" shall be defined as a lot or lots bounded by streets, highways,
rivers and prominent streams as the same shall be depicted on the
Official Tax Map of the Township of Aberdeen.
e.
Detention Basins. In addition to all other provisions of this section,
where a surface water management plan includes a detention basin,
the following provisions shall apply:
1.
Dry Detention Basins. The following design standards shall apply
to all dry detention basins:
(a)
Side slopes shall be one (1) vertical to three (3) horizontal.
(c)
An area fifteen (15) feet wide with a maximum slope of two (2%)
percent shall be constructed at the top of the bank surrounding the
basin.
(d)
To provide accessibility to the bottom, an area with a minimum
width of eighteen (18) feet and having a slope no greater than one
to four (1:4) shall be constructed.
(e)
If the areas described in paragraphs a1(c) and (d) above require
stabilization, they shall be stabilized by paving blocks for Fire
Emergency Access Lane.
(f)
All storm sewer discharge outlets into the basin shall be at
the grade of the basin's bottom.
(g)
All stabilization of conduit shall be by riprap or concrete.
(h)
The top of the excavation or the toe of the outside shall be
set back twenty-five (25) feet from adjoining nonresidential property
lines and fifty (50) feet from an adjoining property line of a lot
on which there is a residential use. The edge of the design highwater
for detention basins shall be set back one hundred (100) feet from
existing or proposed dwelling units.
(i)
Vegetative stabilization cover shall be provided throughout
the basin and landscaping shall be provided on the perimeter.
(j)
The basin floor shall lie two (2) feet above the seasonal high
ground water table.
(k)
Discharge structure. The discharge structure shall be in accordance
with the following standards:
(1)
A minimum twelve (12) inch diameter discharge is recommended
(except where a three (3) inch diameter orifice is required for water
quality measures).
(2)
Trash rack and safety protections shall be provided for all
smaller diameter outlets.
(3)
All stored stormwater must discharge from the basin within two
(2) days (forty-eight (48) hours).
(4)
No detention basins shall be located in floodways, wetlands
or floodplains.
2.
Recharge Basins. Where a recharge basin is to be constructed, the
standards for dry detention basins, as set forth above, shall be applicable,
together with the following:
(a)
The applicant shall provide detailed soils data for each basin
site, to include:
(1)
Soils data to a depth of at least six (6) feet below the proposed
basin floor.
(2)
The elevation of the seasonal high ground water table. The seasonal
high water table must be at least two (2) feet below the proposed
basin floor.
(3)
The soil percolation rate for the soils at the elevation of
the proposed basin floor.
(b)
Recharge enhancement by means of stone filled trenches or porous
pipe, shall be situated at the lowest elevation of the basin.
(c)
Where practical, the basin floor elevation shall be established
at or above waterways or storm sewers in the area.
(d)
Where the basin floor elevation is established at or above waterways
or storm sewers in the area, alternate discharge measures for emergency
basin drainage, such as "plugged" outlet pipes in place at the basin
floor elevation, shall be provided. Manual valves are optional.
3.
Wet Detention Basins (Ponds).
(a)
Where a wet detention basin is to be constructed, the applicant
shall provide an environmental study which includes the following:
(1)
Recharge water volume, to include storm run-off, stream flow
and ground water elevation.
(2)
Recharge water quality, to include run-off from parking lots,
streets and roofs. Sources of pollution shall be identified.
(3)
Basin floor soils, impervious strata is required.
(4)
Aeration requirements (dissolved oxygen). Basins with on-site
recharge only may require supplementary aeration.
(5)
Aquatic community development to include water depth minimum
five (5) feet, fish stocking species.
(b)
A safety edge five (5) feet wide and eighteen (18) inches below
the design high water level shall be constructed around the entire
interior perimeter of the basin slope.
4.
Maintenance. Detention basins shall be constantly maintained by the
owner to ensure continual functioning of the systems at design capacity
and to prevent the health hazards associated with debris build-up
and stagnant water. In no case shall water be allowed to remain in
any facility long enough to constitute a mosquito-breeding, disease
or any other type health problem, unless approved as a multifunction
facility to include water such as a pond. Failure to maintain detention
basins to the degree that mosquito or other noxious pest habitats
develop is a violation of the Mosquito Extermination Act (N.J.S.A.
26.9-1, et seq.) and shall subject the owner to civil sanctions by
the Township Health Department. An annual maintenance report addressing
the function, condition, safety and aesthetics of the facility shall
be prepared by the owner and submitted to the Township Manager by
December 1 of each year.
f.
Review and Approval of Plans. Surface water management plans shall
be reviewed by the Planning Board, which may receive the advice and
assistance of the Township Engineer, the Freehold Soil Conservation
District, the Monmouth County Mosquito Control Commission and the
Environmental Commission. The Planning Board's consideration of applications
shall be guided by, but not limited to, the following factors:
1.
The suitability and effectiveness of the plan.
2.
The existing topography, vegetation, hydrologic factors and soil
conditions.
3.
The groundwater supply, groundwater recharge, and discharge areas,
wet soils and the depth to the seasonal high water table.
4.
The natural drainage flow and pattern.
5.
Rainfall intensity and duration for two (2)-year, ten (10)-year,
twenty-five (25)-year and one hundred (100)-year storms.
6.
Critical and environmentally sensitive areas on the site.
7.
Land uses in both the immediate vicinity of the site and the surrounding
drainage region.
8.
Aesthetics and compatibility with the adjoining uses both on and
off site.
9.
Other applicable environmental, resource or public health protection
ordinances, statutes or regulations.
g.
Application Procedure for Plan Unrelated to a Development Application.
1.
Copies of Plan and Application. At least ten (10) days and no more than twenty (20) days before a regular meeting of the Planning Board, the applicant shall submit twelve (12) copies of a surface water management plan as set forth in subsection 25-5.23d and three (3) completed copies of an application form which shall be obtained from the Secretary of the Planning Board.
2.
Copies to Municipal Officials; Reports. The Secretary of the Planning
Board shall forward a copy of the application to the Township Engineer,
the Planner and such other officials as the Board shall direct and
shall request that each of them file a written report of his findings
and recommendations, giving full consideration to the standards and
principles set forth in this section and stating whether the application
is feasible and sound from an engineering standpoint.
4.
Signatures upon Approval. If the application is approved, said approval
shall be noted on the plan, and it shall be signed by the Chairman
and the Secretary of the Planning Board.
5.
Time for Approval or Denial. Approval shall be granted or denied
within forty-five (45) days after submission of a complete application
to the Secretary of the Planning Board or within such further time
as may be consented by the applicant. Failure of the Planning Board
to act within the period prescribed shall constitute final approval,
and a certificate of the Township Clerk as to the failure of the Board
to act shall be issued at the request of the applicant.
[Ord. No. 14-2006 § 25-5.24; Ord. No. 9-2011 §§ 1-6;
amended 3-4-2021 by Ord. No. 1-2021]
a.
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.
b.
Purpose. The purpose of this subsection is to establish minimum stormwater management requirements and controls for "major development," as defined below in Subsection 25-5.24.2.
c.
d.
Compatibility with Other Permit and Ordinance Requirements. Development
approvals issued pursuant to this subsection 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 subsection
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare. This subsection 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 subsection 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.
For the purpose of this subsection, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this subsection clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
coastal planning areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this subsection.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the Board of County Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A state development and redevelopment plan center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. In the case of development of agricultural land,
development means: any activity that requires a state permit, any
activity reviewed by the County Agricultural Board (CAB) and the State
Agricultural Development Committee (SADC), and municipal review of
any activity not exempted by the Right to Farm Act, N.J.S.A.4:1C-1
et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
Neighborhoods designated by the Urban Coordinating Council
"in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including, but not limited to, stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame
Species Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a "subwatershed," which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
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 or creates one quarter
acre or more of new impervious area. 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 result in the disturbance of one or more acres of land
since February 2, 2004. Projects undertaken by any government agency
that otherwise meet the definition of "major development" but which
do not require approval under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., are also considered major development.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation, including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this subsection. 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 subsection. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this subsection, provided the design engineer demonstrates to the municipality, in accordance with Subsection 25-5.24.4f of this subsection 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 subsection.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, groundwaters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or
Quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant, where the water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization
efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of
these goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
Previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation."
a.
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:
1.
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.
2.
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
b.
The standards in this subsection 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.
a.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection 25-5.24.10.
b.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
c.
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection 25-5.24.4p, q and r:
1.
The construction of an underground utility line, provided that the
disturbed areas are revegetated upon completion;
2.
The construction of an aboveground utility line, provided that the
existing conditions are maintained to the maximum extent practicable;
and
3.
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
d.
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection 25-5.24.4o, p, q, and r may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
1.
The applicant demonstrates that there is a public need for the project
that cannot be accomplished by any other means;
2.
The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of Subsection 25-5.24.4o, p, q, and r to the maximum extent practicable;
3.
The applicant demonstrates that, in order to meet the requirements of Subsection 25-5.24.4o, p, q, and r, existing structures currently in use, such as homes and buildings, would need to be condemned; and
4.
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 25-5.24.4d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection 25-5.24.4o, p, q, and r that were not achievable on-site.
e.
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 25-5.24.4o, p, q, and r. 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.
f.
Where the BMP tables in the NJ Stormwater Management Rule are different
due to updates or amendments with the tables in this subsection, 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
|
—
|
(Notes corresponding to annotations(a) through (g) are found below Table 3.)
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
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
|
(Notes corresponding to annotations (b) through (d) are found below Table 3.)
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
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 25-5.24.4o2;
|
|
(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 25-5.24.2;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection 25-5.24.2.
|
g.
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 25-5.24.6b. Alternative stormwater management measures may be used to satisfy the requirements at Subsection 25-5.24.4o only if the measures meet the definition of green infrastructure at Subsection 25-5.24.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection 25-5.24.4o2 are subject to the contributory drainage area limitation specified at Subsection 25-5.24.4o2 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 25-5.24.4o2 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 25-5.24.4d is granted from Subsection 25-5.24.4o.
h.
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 highwater 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.
i.
Design standards for stormwater management measures are as follows:
1.
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
highwater table; soil type, permeability, and texture; drainage area
and drainage patterns; and the presence of solution-prone carbonate
rocks (limestone);
2.
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 25-5.24.8c;
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, 5:21-7.4, and 5:21-7.5
shall be deemed to meet this requirement;
4.
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection 25-5.24.8; and
5.
The size of the orifice at the intake to the outlet from the stormwater
management BMP shall be a minimum of 2 1/2 inches in diameter.
j.
Manufactured treatment devices may be used to meet the requirements of this subsection, 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 25-5.24.2 may be used only under the circumstances described at Subsection 25-5.24.4o4.
k.
Any application for a new agricultural development that meets the definition of "major development" at Subsection 25-5.24.2 shall be submitted to the soil conservation district for review and approval in accordance with the requirements at Subsections 25-5.24.4o, p, q, and r 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.
l.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 25-5.24.4p, q and r shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
m.
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the office of the County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 25-5.24.4o, p, q, and r 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 25-5.24.10b(5). 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.
n.
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 25-5.24.4 of this subsection 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 and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection 25-5.24.4m 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 25-5.24.4m above.
o.
Green Infrastructure Standards.
1.
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.
2.
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection 25-5.24.4p and q the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection 25-5.24.4f and/or an alternative stormwater management measure approved in accordance with Subsection 25-5.24.4g. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
(acres)
|
|---|---|
|
Dry well
|
1
|
|
Manufactured treatment device
|
2.5
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed 3 times the area occupied
by the BMP
|
|
Small-scale bioretention systems
|
2.5
|
|
Small-scale infiltration basin
|
2.5
|
|
Small-scale sand filter
|
2.5
|
3.
To satisfy the stormwater runoff quantity standards at Subsection 25-5.24.4r, 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 25-5.24.4g.
4.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection 25-5.24.4d 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 25-5.24.4g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 25-5.24.4p, q and r.
5.
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 25-5.24.4p, q and r, unless the project is granted a waiver from strict compliance in accordance with Subsection 25-5.24.4d.
p.
Groundwater Recharge Standards.
1.
This subsection contains the minimum design and performance standards
for groundwater recharge as follows.
2.
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection 25-5.24.5, either:
(a)
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
(b)
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.
3.
This groundwater recharge requirement does not apply to projects
within the urban redevelopment area, or to projects subject to Subsection
p4 below.
4.
The following types of stormwater shall not be recharged:
(a)
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
(b)
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.
q.
Stormwater Runoff Quality Standards.
1.
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.
2.
Stormwater management measures shall be designed to reduce the post-construction
load of total suspended solids (TSS) in stormwater runoff generated
from the water quality design storm as follows:
(a)
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.
(b)
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.
3.
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 q2 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.
4.
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
|
5.
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.
|
6.
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 25-5.24.4p, q and r.
7.
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.
8.
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.
9.
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3i,
runoff from the water quality design storm that is discharged within
a 300-foot riparian zone shall be treated in accordance with this
subsection to reduce the post-construction load of total suspended
solids by 95% of the anticipated load from the developed site, expressed
as an annual average.
10.
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.
r.
Stormwater Runoff Quantity Standards.
1.
This subsection contains the minimum design and performance standards
to control stormwater runoff quantity impacts of major development.
2.
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection 25-5.24.5, complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the preconstruction runoff hydrographs for the same
storm events;
(b)
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the preconstruction condition, in the
peak runoff rates of stormwater leaving the site for the two-, ten-
and 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;
(c)
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 preconstruction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
(d)
In tidal flood hazard areas, stormwater runoff quantity analysis
in accordance with Subsection d18(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.
3.
The stormwater runoff quantity standards shall be applied at the
site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
a.
Stormwater runoff shall be calculated in accordance with the following:
1.
The design engineer shall calculate runoff using one of the following
methods:
(a)
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/stelprdb104417 1.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(b)
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/2014NJSoilErosionCon
trolStandardsComplete.pdf.
2.
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at Subsection 25-5.24.5a1(a) and the Rational and Modified Rational Methods at Subsection 25-5.24.5a1(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
3.
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.
4.
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.
5.
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.
b.
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Ground-Water Recharge Areas in New Jersey, incorporated herein by
reference as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; 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.
a.
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.
1.
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.
2.
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
b.
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.
a.
Site design features identified under Subsection 25-5.24.4f above, or alternative designs in accordance with Subsection 25-5.24.4g 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 paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection 25-5.24.7a2 below.
1.
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:
(a)
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
(b)
A different grate, if each individual clear space in that grate
has an area of no more than 7.0 square inches, or is no greater than
0.5 inch across the smallest dimension. 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.
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than 7.0 square inches, or be no greater than 2.0
inches across the smallest dimension.
2.
The standard in Subsection a1 above does not apply:
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than 9.0 square inches;
(b)
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;
(c)
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:
(1)
A rectangular space 4.625 inches long and 1.5 inches
wide (this option does not apply for outfall netting facilities);
or
(2)
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 5:21-7.4(b)1].
(d)
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
(e)
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.
a.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management BMPs. This
section applies to any new stormwater management BMP.
b.
The provisions of this section are not intended to preempt more stringent
municipal or county safety requirements for new or existing stormwater
management BMPs. Municipal and county stormwater management plans
and ordinances may, pursuant to their authority, require existing
stormwater management BMPs to be retrofitted to meet one or more of
the safety standards in Subsection 25-5.24.8c1, 2 and 3 for trash
racks, overflow grates, and escape provisions at outlet structures.
c.
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
1.
A trash rack is a device designed to catch trash and debris and prevent
the clogging of outlet structures. Trash racks shall be installed
at the intake to the outlet from the stormwater management BMP to
ensure proper functioning of the BMP outlets in accordance with the
following:
(a)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(b)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(c)
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
(d)
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.
2.
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:
(a)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
(c)
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.
3.
Stormwater management BMPs shall include escape provisions as follows:
(a)
If a stormwater management BMP has an outlet structure, escape
provisions shall be incorporated in or on the structure. Escape provisions
include the installation of permanent ladders, steps, rungs, or other
features that provide easily accessible means of egress from stormwater
management BMPs. With the prior approval of the municipality pursuant
to Subsection 25-5.24c, a freestanding outlet structure may be exempted
from this requirement;
(b)
Safety ledges shall be constructed on the slopes of all new
stormwater management BMPs having a permanent pool of water deeper
than 2 1/2 feet. Safety ledges shall be comprised of two steps.
Each step shall be four feet to six feet in width. One step shall
be located approximately 2 1/2 feet below the permanent water
surface, and the second step shall be located one foot to 1 1/2
feet above the permanent water surface. See Subsection 25-5.24e for
an illustration of safety ledges in a stormwater management BMP; and
(c)
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
d.
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.
e.
Safety Ledge Illustration.
|
Elevation View - Basin Safety Ledge Configuration
 |
a.
Submission of Site Development Stormwater Plan.
1.
Whenever an applicant seeks municipal approval of a development subject to this subsection, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection 25-5.24.9c below as part of the submission of the application for approval.
2.
The applicant shall demonstrate that the project meets the standards
set forth in this subsection.
3.
The applicant shall submit 17 copies of the materials listed in the Checklist for Site Development Stormwater Plans in accordance with Subsection 25-5.24.9c of this subsection.
b.
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 subsection.
c.
Submission of Site Development Stormwater Plan. The following information
shall be required:
1.
Topographic Base Map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
2.
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.
3.
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.
4.
Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of Subsections 25-5.24.3 through 25-5.24.5 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.
5.
Stormwater Management Facilities Map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(a)
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.
(b)
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.
6.
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection 25-5.24.4 of this subsection.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal highwater table, then a soils report shall be submitted.
The soils report shall be based on on-site boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
7.
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection 25-5.24.10.
8.
Waiver from Submission Requirements. The municipal official or board
reviewing an application under this subsection may, in consultation
with the municipality's review engineer, waive submission of
any of the requirements in Subsection 25-5.24.9c1 through 6 of this
subsection 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.
a.
Applicability. Projects subject to review as in Subsection 25-5.24.1c of this subsection shall comply with the requirements of Subsection 25-5.24.10b and c.
b.
General Maintenance.
1.
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
2.
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.
3.
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.
4.
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.
5.
If the party responsible for maintenance identified under Subsection
25-5.24.10b3 above is not a public agency, the maintenance plan and
any future revisions based on Subsection 25-5.24.10b7 below shall
be recorded upon the deed of record for each property on which the
maintenance described in the maintenance plan must be undertaken.
6.
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.
7.
The party responsible for maintenance identified under Subsection
25-5.24.10b3 above shall perform all of the following requirements:
(a)
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;
(b)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)
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
25-5.24.10b6 and 7 above.
8.
The requirements of Subsection 25-5.24.10b3 and 4 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.
9.
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.
c.
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.
Any person(s), entity(s) or association(s) who erects, constructs,
alters, repairs, converts, maintains, fails to maintain or uses any
building, structure or land in violation of this subsection shall
be subject to a fine of not more than $2,000 and/or a term of imprisonment
of not more than 30 days or both. Each day that a violation persists
shall be a separate violation hereof.
Each section, subsection, sentence, clause and phrase of this
subsection is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this subsection to be unconstitutional, void, or ineffective for
any cause, or reason, shall not affect any other portion of this subsection.
This subsection shall take effect upon adoption and publication
in accordance with the law.
[Ord. No. 18-2006 §§ I-IV]
a.
Purpose. It is the purpose of the Township of Aberdeen to comply
with the N.J.S.A. 40:55D-93, which requires every municipality in
the State to prepare and implement a stormwater management plan to
establish the minimum stormwater management requirements and controls
for major development.
b.
Stormwater Management Plan. The Township of Aberdeen implements the Stormwater Management Plan in paragraph d. of this subsection as required by N.J.S.A. 40:55D-93 and in conjunction with Section 25-5.24, Stormwater Control, of the Revised General Ordinances Township of Aberdeen.
c.
Applicability.
1.
The Stormwater Management Plan and Section 25-5.24 shall be applicable to all site plans and subdivisions for the following major developments that require preliminary or final site plan or subdivision review:
2.
This subsection shall also be applicable to all major developments
undertaken by the Township of Aberdeen.
d.
Stormwater Management Plan.
1.
Introduction. This Municipal Stormwater Management Plan (MSWMP) documents
the strategy for Aberdeen Township to address existing and prevent
future stormwater-related impacts. The creation of this plan is a
required element as described in N.J.A.C. 7:14A-25 Municipal Stormwater
Regulations. This plan contains all of the required elements described
in N.J.A.C. 7:8 Stormwater Management Rules. The plan addresses groundwater
recharge, stormwater quantity, and stormwater quality impacts by incorporating
stormwater design and performance standards for new major development,
defined as projects that disturb one or more acres of land or contain
one quarter (1/4) acre of land or more of new impervious coverage.
These standards are intended to minimize the adverse impact of stormwater
runoff on surface water quality and water quantity and the loss of
groundwater recharge that provides baseflow in receiving water bodies.
The plan describes long-term operation and maintenance measures for
existing and future stormwater facilities.
The plan addresses the review and update of existing ordinances,
the Township Master Plan, and other planning documents, to allow for
project designs that include low impact development techniques. The
final component of this plan is a mitigation strategy for when a variance
or exemption of the design and performance standards is sought. As
part of the mitigation section of the stormwater plan, specific stormwater
management measures have been identified, and may be further modified
in the future, to lessen the impact of existing and new developments.
2.
Goals. The goals of this MSWMP are to:
Reduce flood damage, including damage to fife and property;
Minimize, to the extent practical, any increase in stormwater
runoff from any new development;
Reduce soil erosion from any development or construction project;
Assure the adequacy of existing and proposed culverts and bridges,
and other in-stream structures to handle existing and projected future
flows;
Maintain groundwater recharge;
Provide, to the greatest extent feasible, a decrease in nonpoint
pollution;
Maintain the integrity of steam channels for their biological
functions, as well as for drainage;
Minimize pollutants in stormwater runoff from new and existing
development;
Restore, enhance, and maintain the chemical, physical, and biological
integrity of the waters of the State;
Protect the public health;
Safeguard fish and aquatic life and scenic and ecological values;
Enhance recreational and other uses of water;
Protect the public safety through the proper design and operation
of stormwater detention/retention systems.
Encourage municipal action to guide the appropriate use or development
of lands in the Municipality in a manner which will promote the public
health, safety, morals, and general welfare.
Secure safety from fire, flood, panic and other natural and
man-made disasters;
Promote the conservation of historic sites and districts, open
space, energy resources and valuable natural resources in the Municipality;
Prevent urban sprawl and degradation of the environment through
improper use of land; and
Promote utilization of renewable energy sources.
To achieve these goals, this plan outlines specific stormwater
design and performance standards for new development and, where possible,
through the development application review process, to mitigate impacts
from existing development. Preventative and corrective maintenance
strategies are included in the plan to ensure long-term effectiveness
of stormwater management facilities. The plan also outlines safety
standards for stormwater infrastructure to be implemented to protect
public safety.
3.
Stormwater Discussion. Land development can dramatically alter the
hydrologic cycle (See Figure 1) of a site and, ultimately, an entire
watershed. Prior to development, native vegetation can either directly
intercept precipitation or draw that portion that has infiltrated
into the ground and return it to the atmosphere through evapotranspiration.
Development can remove this beneficial vegetation and replace it with
lawn or impervious cover, reducing the site's evapotranspiration and
infiltration rates. Clearing and grading a site can remove depressions
that store rainfall. Construction activities may also compact the
soil and diminish its infiltration ability, resulting in increased
volumes and rates of stormwater runoff from the site. Impervious areas
that are connected to each other through gutters, channels, and storm
sewers can transport runoff more quickly than natural areas. This
shortening of the transport or travel time quickens the rainfall-runoff
response of the drainage area, causing flow in downstream waterways
to peak faster and higher than natural conditions. These increases
can create new, and aggravate existing, downstream flooding and erosion
problems and increase the quantity of sediment in the channel. Filtration
of runoff and removal of pollutants by surface and channel vegetation
is eliminated by storm sewers that discharge runoff directly into
a stream. Increases in impervious area can also decrease opportunities
for infiltration to streams that depend on base flows in summer months
and also decrease the potential for ground water recharge. Reduced
base flows and increased peak flows produce greater fluctuations between
normal and storm flow rates, which can increase channel erosion. Reduced
base flow can also negatively impact the hydrology of adjacent wetlands
and the health of biological communities that depend on base flows.
Finally, erosion and sedimentation can destroy habitat and thus adversely
impact some species that cannot readily adapt.
In addition to increases in runoff peaks and volumes and loss
of ground water recharge, land development often results in the accumulation
of pollutants on the land surface that runoff can mobilize and transport
to streams. New impervious surfaces and cleared areas created by development
can accumulate a variety of pollutants from the atmosphere, fertilizers,
animal wastes, and leakage and wear from vehicles. Pollutants can
include metals, suspended solids, hydrocarbons, pathogens, and nutrients.
In addition to increased pollutant loading, land development
can adversely affect water quality in more subtle ways. For example,
stormwater falling on impervious surfaces or stored in detention or
retention basins can become heated and raise the temperature of the
downstream waterway, adversely affecting cold water fish species such
as trout. Development can remove trees along stream banks that normally
provide shading, stabilization, and leaf litter that falls into streams
and becomes food for the aquatic community.
4.
Aberdeen
Township Background.
4.1.
General.
Aberdeen Township, first established in 1677 and incorporated
in 1857, encompasses a 5.4 square mile area in the northeast corner
of Monmouth County, New Jersey. See Figure 2 for existing land uses.
The population of the Township has remained relatively stable with
minor fluctuations from 17,235 in 1980, to 17,038 in 1990, to 17,454
in 2000. See Figure 3 for existing zoning districts. However, in recent
years, the Township has been under significant development pressure
where several large development projects have either been approved
and constructed or have received preliminary and final approval from
the Township Planning Board and have intent to be under construction
by early 2007. These developments are estimated to increase the population
by approximately 1,600 individuals.
Changes in the landscape will most likely increase stormwater
runoff volumes and pollutant loads to the waterways of the municipality.
Figure 4 illustrates the waterways in the Township. Figure 5 depicts
the Township boundary on the USGS quadrangle maps. Figure 6 shows
vacant lands, a portion of which may be available for future development.
4.2.
Waterways.
The Township of Aberdeen is traversed by multiple waterways,
generally flowing from the south/southwest to north/northeast to Raritan
Bay.
Whale Creek forms a portion of the Township boundary with Old
Bridge. Long Neck Creek and Treasure Lake discharge both flow into
Whale Creek. Whale Creek is tidal up to approximately Route 35
Matawan Creek and Birch Swamp Brook both flow into Lake Lefferts
(located in both Aberdeen and Matawan Borough). Gravelly Brook and
its tributaries flow into Lake Matawan located in Matawan Borough.
Both lakes discharge into Matawan Creek, which is tidal below the
dams, and who flows into Raritan Bay. Mohingson Brook and its tributaries
flow through the Strathmore section of the Municipality and into Matawan
Creek. A portion of the Mohingson is also tidal to approximately the
New Jersey Transit Railroad culvert.
Luppatong Creek flows northerly then easterly through a portion
of the Strathmore section of the Township then crosses over into Hazlet
Township and ultimately to Raritan Bay.
A substantial amount of the flows in the various brooks and
creeks originate in communities beyond the borders of Aberdeen Township.
Raritan Bay is subject to restricted shellfish activities and
is deemed as being moderately impaired.
The New Jersey Department of Environmental Protection (NJDEP)
has established an Ambient Biomonitoring Network (AMNET) to document
the health of the State's waterways. There are over 800 AMNET sites
throughout the State of New Jersey. These sites are sampled for benthic
macroinvertebrates by NJDEP on a five-year cycle. Streams are classified
as non-impaired, moderately impaired, or severely impaired based on
the AMNET data. The data is used to generate a New Jersey Impairment
Score (NJIS), which is based on a number of biometrics related to
benthic macroinvertebrate community dynamics. The one major water
body that borders the Township to the northeast, the Raritan Bay,
is moderately impaired. Accordingly, the various lakes, brooks, and
creeks located within the Township, although are not individually
listed in the AMNET data, as they are all tributary to the Raritan
Bay, by definition, the tidal portions thereof must be considered
as moderately impaired.
In addition to the AMNET data, the NJDEP and other regulatory
agencies collect water quality chemical data on the streams in the
State. This data shows that total Mercury, Bioxine, Pathogen and PCB
concentrations of the Raritan Bay frequently exceed the State's criteria.
This means that the bay is an impaired waterway and the NJDEP is required
to develop a Total Maximum Daily Load (TMDL) of these pollutants for
the bay (see appendix).
Further, per the Proposed 2004 Integrated List, Gravelly Brook
is classified as severely impaired. Mohingson (or Wilkson's Brook),
Whale Creek and Lake Lefferts are also impaired.
A TDML is the amount of a pollutant that can be accepted by
a waterbody without causing an exceedance of water quality standards
or interfering with the ability to use a waterbody for one or more
of its designated uses. The allowable load is allocated along with
a margin of safety to the various sources of the pollutant, such as
stormwater and wastewater discharges, which require an NJPDES permit
to discharge, and to nonpoint sources, which includes stormwater runoff
from agricultural areas and residential areas. Provisions may also
be made for future sources in the form of reserve capacity. An implementation
plan is developed to identify how the various sources will be reduced
to the designated allocations. Implementation strategies may include
new or improved stormwater treatment facilities or plants, adoption
of ordinances, reforestation of stream corridors, retrofitting stormwater
systems, and other Best Management Practices (BMPs).
The New Jersey Integrated Water Quality Monitoring and Assessment
Report (305(b)and 303(d)) (Integrated List) is required by the Federal
Clean Water Act to be prepared biennially (every 5 years) and is a
valuable source of water quality information. This combined report
presents the extent to which New Jersey waters are attaining water
quality standards, and identifies waters that are impaired. The Integrated
List (proposed 2004) constitutes the list of waters impaired or threatened
by pollutants, for which one or more TMDLs are needed. As previously
indicated Raritan Bay and its various (tidal) tributaries, Mohingson
Brook, Whale Creek and Lake Lefferts are moderately impaired, and
Gravelly Brook is listed as severely impaired.
4.3.
Existing Stormwater Infrastructure.
Due to the age and the location of the Township, a substantial
portion of the community, as well as its existing stormwater infrastructure,
was built with minimal regard for stormwater control or management.
Few detention or recharge facilities were constructed serving single
family or commercial properties. Some facilities were constructed
to serve multi-family projects and are owned and maintained by various
homeowner associations. However, said facilities would not meet today's
standards.
The Township previously located the majority of its stormwater
outlet structures, numbering approximately 300 headwalls or pipe terminuses,
in the early 1990's. In addition, the Municipality mapped a significant
portion of the stormwater facilities in 1995+/-. However, said mapping
was not in GIS or Arcview format.
Accordingly, in conformance with its Tier A Municipal Stormwater
Permit requirements and its Stormwater Pollution Prevention Plan,
the Township will remap all of its outfall facilities by 2009.
The Township's stormwater infrastructure has been well maintained.
Should any difficulties arise, the Township endeavors to resolve them
immediately. The Township has instituted a complaint hotline and response
protocol that requires an investigation and response within 24 hours.
For example, the Township's Public Works received complaints from
a resident who reported a driveway cavein on her property. As a result,
preliminary excavation and television investigations determined the
bottom of the pipe rotted out. The soils within Aberdeen Township
are very acidic clays creating a detrimental environment for pipes
that have not been treated properly. Once the pipe started to corrode
and create a rough surface on the inside of the pipe, debris began
catching and collecting within the pipe. This significant amount of
debris in the pipe created clogs reducing the effectiveness of the
pipe leading to flooding around the troubled site.
After the pipe was televised and thoroughly cleaned out, it
was slip-lined using a cured in place (CIP) liner. The liner created
a smooth surface within the pipe which prevents any debris from accumulating
and eliminated the eroded bottom while providing structural strength
against potential future collapse. The residents confirmed that the
pipe functioned well without flooding, thus demonstrating this project
to be a success.
4.4.
Localized Flooding.
Although Aberdeen Township has many waterways, the Township
has only limited flooding areas that are of concern to the Township
itself. The flooding is caused by one or two categories-runoff or
tidal.
4.4.1.
Tidal.
This type of flooding is normally caused by some type of storm
event, such as a hurricane or northeaster coincident with high tide(s).
There are several locations within the Township affected by these
events.
Amboy Avenue proximate to the Matawan Creek Bridge into Keyport.
This problem cannot be corrected due to the existing coastal wetlands
and two commercial businesses on either side of the road that would
be adversely impacted by raising the road and the fact that Keyport
would have to undertake a similar project.
Prospect Avenue at Route 35 Northbound. The intersection would
have to be raised, impacting two commercial access drives. The project
is of low priority as an alternate route is easily accessed and the
flooding frequency is low.
Lakeshore Drive between Ravine Drive and Ocean Boulevard. This
area floods at extreme high tides and during storm events. Reconstruction
would be exceedingly difficult and expensive due to poor subsoils,
coastal wetlands on either side of the road, and NJDEP permitting
requirements. However, this project has a higher priority due to the
higher frequency of occurrence but reconstruction could not address
hurricane events.
Beach Drive at the end of Shore Concourse during hurricane events.
Flooding is periodic but controlled by a municipally operated tide
gate.
Aberdeen Road (Matawan Borough). Extreme high tides and storm
events cause road closures. Due to its location in an adjoining community,
this problem area cannot be addressed by the Township.
4.4.2.
Runoff.
This type of flooding occurs as a result of a rainfall event
whereby the capacity of existing stormwater infrastructure facilities
is exceeded, i.e. a stream overflows its banks; a culvert backs up;
or an inlet is clogged with debris or accumulated materials.
Route 35 at Whale Creek and at Long Neck Creek. The primary
cause of flooding at these locations is runoff down the stream bed
exceeding the culverts' capacity. These floodings have occurred regardless
of high tide events. This problem is being addressed by NJDOT, who
has a project under final design with anticipated construction in
2007 whereby the culverts will both be increased in size to permit
flow passage and the roadway elevation will be raised by approximately
three (3) feet.
Woodman Place off Warren Drive south of Lloyd Road experiences
roadway flooding due to deficient pipe size to carry contributory
flows. The Municipality has this project scheduled as a capital drainage
project anticipated in approximately 2008.
Nutmeg/Normandy proximate to the NJ Transit Railway Line. This
area floods due to a blocked culvert. Currently, NJ Transit is applying
for permits to reconstruct its mainline culvert crossing and permit
the secondary culvert to be cleared. Said project is scheduled for
Fall 2006.
Ravine Drive (Matawan Borough). During severe rainfall events,
Lake Lefferts overflows its spillway causing flooding of Ravine Drive
causing road closings. Several plans have been formulated to address
spillway reconstruction by the Borough but they lack funding for implementation.
The Township's concern is interrupted access to other portions of
its community for emergency response.
4.5.
Groundwater Recharge.
Groundwater recharge is a desirable element of an overall stormwater
management plan in that recharge of the groundwater maintains subsurface
flows, recharges potable water aquifers, and supports surface stream
flows during base summer months.
The Township of Aberdeen's groundwater recharge areas are indicated
on Figure 7. However, a substantial portion of said recharge areas
have already been covered with developments, both residential and
commercial, thus adversely impacting groundwater recharge rates.
The Municipality has every intent to pursue, through the development
application review process and, when appropriate and practical, through
mitigation projects, increasing groundwater recharge.
4.6.
Wellhead Protection.
Wellhead protection is required to protect drinking water supply
wells from contamination; the wellhead protection areas are illustrated
in Figure 8.
Wellhead protection is the primary responsibility of the potable
water well owner starting with construction in accordance with NJDEP
regulations, control (ownership) of lands immediately surrounding
the well itself and controlling the pollutant sources, which can be
done by, but not limited to, the following: minimizing hazardous substance
use, pollution source removal, education, and training of operations
personnel. However, the Municipality in which the wellhead protection
area is located also has an obligation to provide for and assist in
the development of wellhead protection.
Potable wells located in Aberdeen are those owned and operated
by New Jersey American Water Company. The Township's prior potable
water wells, located in the Cliffwood section, were abandoned and
sealed in accordance with the requirements of the NJDEP. The Borough
of Matawan has its well field located off of Middlesex Road south
of Ravine Drive. The Borough of Keyport has its wellhead off of Route
35 proximate to Perry Street.
The Township will pursue wellhead protection through its development
review process with a view towards eliminating the potential for pollution
and/or contamination associated with stormwater facilities. Further,
the Municipality will pursue education of the general public through
brochures and newsletters and will perform annual training of its
personnel in the observation of potential pollution sources and the
elimination of same.
4.7.
Proactive Stormwater Efforts.
Even prior to the issuance by NJDEP of the NJPDES Tier A Municipal
Stormwater General Permit, the Township of Aberdeen has actively pursued
the improvement of stormwater quality throughout the Municipality.
Some examples include:
Revised its Land Development Ordinances to provide for:
|
Buffers of 100' from top of bank of water courses for all residential
uses.
|
|
Tree save/restore provision to replace all trees removed during
site clearance or pay for differential into a tree replacement fund.
|
|
Redefine and clarify its "critical areas" including steep (>15%)
slopes.
|
Update its Natural Resources Inventory (2002)
Expand its "CR" Conservation/Recreation Zoning District
Update its Open Space and Recreation Plan 2004/Jan '05
Acquire 24 acres of land along Matawan Creek as open space in
lieu of 48 housing units
Acquire 31 acres of land proximate to Long Neck Creek as open
space in lieu of 34 housing units
Revise its development application review process to anticipate
compliance with yet to be adopted stormwater regulations for recharge,
TSS removal and flow reduction in both development and redevelopment
projects
Change its roadway reconstruction projects standards to incorporate
Campbell Foundry "J" Inlet, Eco-castings with bicycle grates for debris
and trash control
Initiate labeling of inlet heads (approximately 100 units) contributory
to Gravelly Brook with decals
Distribute educational handouts to its residents on Aberdeen
Day relative to stormwater pollution prevention
Adopt required ordinances for: litter; pet waste control; wildlife
feeding; proper waste disposal; illicit connection elimination; and
stormwater control
Initiate annual Township personnel stormwater pollution prevention
training
Maintain and upgrade existing street sweeping program to control
litter and debris from entering storm sewers
Initiate education of residents through calendar, newsletter
and website as to recycling, yard waste, stormwater pollution control,
etc.
5.
Stormwater Design and Performance Standards.
On September 6, 2005, the Township passed Ordinance 18-2005,
adopting the design and performance standards for stormwater management
measures as presented in N.J.A.C. 7:8-5 to minimize the adverse impact
of stormwater runoff on water quality and water quantity and loss
of groundwater recharge in receiving water bodies. The design and
performance standards include the language for maintenance of stormwater
management measures consistent with the stormwater management rules
at N.J.A.C. 7:8-5.8 Maintenance Requirements, and language for safety
standards consistent with N.J.A.C. 7:8-6 Safety Standards for Stormwater
Management Basins. The ordinance has been submitted to the County
for review and approval within 24 months of the effective date of
the NJPDES Stormwater permit.
During construction, Township inspectors will observe the construction
of approved projects to ensure that the stormwater management measures
are constructed and function as designed. If said measures are not
taken to conform with these design standards, work will be stopped,
a summons will be issued, fines will be implemented, and construction
will be resumed and completed correctly. Code Enforcement will continue
to inspect the stormwater facilities after construction to ensure
that maintenance is performed and that facilities remain operational
and structurally sound. Fees may be assessed against the developer's
or responsible party's performance or maintenance guarantees.
6.
Plan Consistency.
The Township is not within a Regional Stormwater Management
Planning Area and no TMDLs have been developed for waters within the
Township; therefore this plan does not need to be consistent with
any regional stormwater management plans (RSWMPs) nor any TMDLs. If
any RSWMPs or TMDLs are developed in the future, this Municipal Stormwater
Management Plan will be updated to be consistent therewith.
The Municipal Stormwater Management Plan is consistent with
the Residential Site Improvement Standards (RSIS) at N.J.A.C. 5:21.
The municipality will utilize the most current update of the RSIS
in the stormwater management review of residential areas. This Municipal
Stormwater Management Plan will be updated to be consistent with any
future updates to the RSIS.
The Township's Stormwater Management Ordinance requires all
major (greater than one acre disturbed lands or greater than one quarter
acre of new impervious cover created) development plans to comply
with the stormwater management regulations, including groundwater
recharge. These regulations will also apply, to the greatest extent
possible, to redevelopment projects as well. During construction,
Township inspectors will observe on-site soil erosion and sediment
control measures and report any inconsistencies to the Freehold Soil
Conservation District.
7.
Nonstructural Stormwater Management Strategies.[2]
The Township is currently reviewing the master plan and existing
ordinances and has provided a list of some of the sections in the
Township land use and zoning ordinance that are to be modified to
incorporate nonstructural stormwater management strategies as follows:
Section 4-4: Removal of grass, weeds, brush and other debris.
Sections 4-14.7a and 4-14.8: Removal of grass, bushes, branches, etc. Overhanging or obstructing sidewalks, streets, etc. and removal of same.
Section 4-15: Litter.
Section 7-2: Harboring, keeping and maintaining of certain animals:
Licensing.
Section 12-10.14: Protection of watercourses.
Section 12-10.17: Surface restoration.
Sections 15-8.3 and 15-8.8: Improvements and design standards:
curbs, gutters, catch basins and drainage system.
In addition to the above ordinances being revised to reference
the requirements of the statutes, the following additional ordinances
have been adopted for their compliance with the regulations:
Pet Waste (control and disposal)
Improper Disposal of Waste
Wildlife Ordinance (non-feeding)
Illicit Connection Ordinance (elimination of illicit connections
or pollutant sources to stormwater facilities)
Once the ordinance texts are completed, they will be submitted
to the County review agency for review and approval. A copy will be
sent to the DEP at the time of submission.
The Township will evaluate all of the different zoning districts
and standards within each district with regard to impervious cover
to determine whether a reduction in impervious cover is appropriate.
Figure 9 shows existing impervious surface percentage coverages. The
Township will also evaluate a maximum percent of disturbance for each
zone for areas identified as natural features. Also, if a developer
is given a variance to exceed the maximum allowable percent of impervious
cover, the developer must mitigate the impact of the additional impervious
surfaces including water quality, flooding and groundwater recharge.
[2]
Editor's Note: The references to section numbers refer to
sections of the 1973 Code.
8.
Mitigation Plans.
This mitigation plan is provided for a proposed development
(residential, commercial or industrial) that is granted a variance
or exemption from the stormwater management design and performance
standards. Such variance or exemption include projects reviewed by
the Township under MLUL with waiver from Numerical Standards and projects
performed by the Township under NJPDES Permit not in full compliance
with Numerical Standards. Note that said variances or exemptions can
only be a last resort after all other options, both non-structural
and structural BMPs, have been explored and found to be unfeasible.
Presented is a hierarchy of options, which may be eliminated,
updated or revised by the Township when deemed necessary. The plan
will be periodically updated with a list of additional stormwater
capital projects as outfall pipe investigations continue and areas
of outlet erosion are discerned and the necessity for bank and channel
stabilization of streams is determined.
The Township Engineer should be consulted to determine availability
of mitigation projects. All mitigation projects are subject to approval
of the Township Engineer and Governing Body.
Mitigation Project Criteria.
A mitigation project proposed by an applicant to mitigate for
incomplete compliance with design and performance standard must include
sensitive receptor analysis, including the impacts to stormwater quantity
and stormwater quality. These impacts will be incorporated into the
Mitigation Project. The Mitigation Project must be close to the original
project, have legal authorization from the property owner/s and have
no adverse impacts on other properties.
Submission requirements include impacts from noncompliance,
narrative regarding waiver, design details, responsible party, maintenance,
permits, and construction.
The mitigation project must be implemented within the same drainage area as the proposed development. If a suitable site cannot be located in the same drainage area as the proposed development, the mitigation project may provide mitigation that is not equivalent to the impacts for which the variance or exemption is sought, but that addresses the same issue. The project must provide additional groundwater recharge benefits, or protection from stormwater runoff quality and quantity from previously developed property, which does not currently meet the design and performance standards as outlined in the Municipal Stormwater Management Plan. The developer must ensure the long- term maintenance of the project, including the maintenance requirements under Chapters 8 and 9 of the NJDEP Stormwater BMP Manual.
Listed below are potential projects to compensate for the deficit
from the performance standards resulting from the proposed project.
More detailed information on the projects can be obtained from the
Township Engineer. The Township maintains the right to update the
projects listed below and is not held accountable for time frames
or to construct any of the mitigation projects or potential mitigation
projects.
Water Quality
Rehabilitation of Mohingson Creek, including redefining stream
channel and floodplains between Nutmeg Road and NJ Transit R.O.W.
Rehabilitation of Mohingson Creek tributary behind Duda Lane,
including redefining stream channel and floodplains.
Water Quantity
Rehabilitation of Gravelly Brook, including redefining stream
channel and floodplains between Route 34 and Church Street.
Redesign and reconstruct existing stormwater culvert on Woodman
Place proximate to Warren Drive.
Rehabilitation of unnamed tributary off of Aberdeen Road proximate
to Union Avenue, including redefining stream channel and floodplains.
The listed mitigation projects are generalized environmental
enhancement projects that provide groundwater recharge, control flooding
or control nonpoint source pollution. The Township Engineer should
be contacted for availability, description and any other necessary
information pertaining to the projects listed above and those not
listed.
Mitigation projects are subject to the approval of the Township
Engineer and Governing Body. Each project is approved upon an individual
basis considering the extent of the variance, waiver or exception
granted. Mitigation projects may require cooperation with outside
agencies such as the Freehold Soil Conservation Districts, Mosquito
Commission, Army Corp of Engineers, etc.
The Municipality may allow a developer to provide funding or
partial funding to the Municipality for an environmental enhancement
project that has been identified in a Municipal Stormwater Management
Plan, or towards the development of a Regional Stormwater Management
Plan. Funding quantities are subject to the approval of the Township
Engineer and Governing Body and will include costs or partial costs,
including those associated with purchasing a property or easement
for mitigation, and those associated with the long-term maintenance
requirements of the mitigation measure.
[1]
Editor's Note: Figures #1 through #10 referred to herein and
adopted by Ordinance No. 18-206 can be found at the end of this chapter.
[Ord. No. 25-2005 §§ I—VII
[25-5.25]]
a.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
PERSON
STORMWATER
Definitions. For the purpose of this subsection, the following terms,
phases, words and their derivations shall have the meanings stated
herein unless their use in the text of this chapter clearly demonstrates
a difference 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.
shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by Aberdeen Township or other public body, and is designed
and used for collecting and conveying stormwater or is owned or operated
by a private person or entity that is contributory to the storm sewer
system of the Township.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
b.
Prohibited Conduct. The spilling, dumping, or disposal of materials
other than stormwater to the municipal separate storm sewer system
operated by Aberdeen Township is prohibited. The spilling, dumping,
or disposal of materials other than stormwater in such a manner as
to cause the discharge of pollutants to the municipal separate storm
sewer system is also prohibited.
c.
Exceptions to Prohibition.
1.
Water line flushing and discharges from potable water sources;
2.
Uncontaminated groundwater (e.g., infiltration, crawl space or basement
sump pumps, foundation or footing drains, rising groundwaters);
3.
Air conditioning condensate (excluding contact and non-contact cooling
water);
4.
Irrigation water (including landscape and lawn watering runoff);
5.
Flows from springs, riparian habitats and wetlands, water reservoir
discharges and diverted stream flows;
6.
Residential car washing water, and residential swimming pool discharges;
7.
Sidewalk, driveway and street wash water;
8.
Flows from fire fighting activities;
9.
Flows from rinsing of the following equipment with clean water:
(a)
Beach maintenance equipment immediately following their use
for their intended purposes; and
(b)
Equipment used in the application of salt and de-icing materials
immediately following salt and de-icing material applications. Prior
to rinsing with clean water, all residual salt and de-icing materials
must be removed from equipment and vehicles to the maximum extent
practicable using dry cleaning methods (e.g., shoveling and sweeping).
Recovered materials are to be returned to storage for reuse or properly
discarded.
Rinsing of equipment, as noted in the above situation is limited
to exterior, undercarriage, and exposed parts and does not apply to
engines or other enclosed machinery.
d.
Enforcement and Penalties. This subsection shall be enforced by the
Aberdeen Police Department and Code Enforcement official of Aberdeen
Township. Any person(s) who is found to be in violation of the provisions
of this subsection shall be subject to a minimum fine of one hundred
($100) dollars per day with a maximum fine not to exceed one thousand
($1,000) dollars per day.
e.
Severability. Each section, subsection, sentence, clause and phrase
of this subsection is declared to be an independent section, subsection,
sentence, clause and phrase, and the finding or holding of any such
portion of this subsection to be unconstitutional, void, or ineffective
for any cause, or reason, shall not affect any other portion of this
subsection.
f.
Effective Date. This subsection shall be in full force and effect
from and after its adoption and any publication as required by law.
[Ord. No. 24-2005 §§ 1—6
[25-5.26]]
a.
DOMESTIC SEWAGE
ILLICIT CONNECTION
INDUSTRIAL WASTE
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
NJPDES PERMIT
NON-CONTACT COOLING WATER
PERSON
PROCESS WASTEWATER
STORMWATER
Definitions. For the purpose of this subsection, the following terms,
phases, words and their derivations shall have the meanings stated
herein unless their use in the text of this chapter clearly demonstrates
a difference 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 corresponding definitions in the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
shall mean waste and wastewater from humans or household
operations, including nonresidential washing of vehicles.
shall mean any physical or nonphysical connection that discharges
domestic sewage, non-contact cooling water, process wastewater, or
other industrial waste (other than stormwater) to the municipal separate
storm sewer system operated by Aberdeen Township, unless that discharge
is authorized under a NJPDES permit other than the Tier A Municipal
Stormwater General Permit (NJDES Permit Number NJ0141852). Nonphysical
connections may include, but are not limited to, leaks, flows, or
overflows into the municipal separate storm sewer system.
shall mean non-domestic waste, including, but not limited
to, those pollutants regulated under Section 307(a), (b), or (c) of
the Federal Clean Water Act (33 U.S.C. 1317(a), (b), or (c)).
shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by Aberdeen Township or other public body, and is designed
and used for collecting and conveying stormwater or is owned or operated
by a private person or entity that is contributory to the storm sewer
system of the Township.
shall mean a permit issued by the New Jersey Department of
Environmental Protection to implement the New Jersey Pollutant Discharge
Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
shall mean water used to reduce temperature for the purpose
of cooling. Such waters do not come into direct contact with any raw
material, intermediate product (other than heat) or finished product.
Non-contact cooling water may however contain algaecides, or biocides
to control fouling of equipment such as heat exchangers, and/or corrosion
inhibitors.
shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
shall mean any water which, during manufacturing or processing,
comes into direct contact with or results from the production or use
of any raw material, intermediate product, finished product, by-product,
or waste product. Process wastewater includes, but is not limited
to, leachate and cooling water other than non-contact cooling water.
shall mean water resulting from precipitation (including
rain and snow) that runs off the land's surface, is transmitted to
the subsurface, is captured by separate storm sewers or other sewerage
or drainage facilities, or is conveyed by snow removal equipment.
b.
Prohibited Conduct. No person shall discharge or cause to be discharged
through an illicit connection to the municipal separate storm sewer
system operated by Aberdeen Township, any domestic sewage, non-contact
cooling water, process wastewater, or other industrial waste (other
than stormwater).
c.
Enforcement and Penalties. This subsection shall be enforced by the
Aberdeen Police Department and code Enforcement Official. Any person(s)
who is found to be in violation of the provisions of this subsection
shall be subject to a minimum fine of one hundred ($100) dollars per
day with a maximum fine not to exceed one thousand ($1,000) dollars
per day.
d.
Severability. Each section, subsection, sentence, clause and phrase
of this subsection is declared to be an independent section, subsection,
sentence, clause and phrase, and the finding or holding of any such
portion of this subsection to be unconstitutional, void, or ineffective
for any cause, or reason, shall not affect any other portion of this
chapter.
e.
Effective Date. This subsection shall be in full force and effect
from and after its adoption and any publication as may be required
by law.
[Added 6-2-2022 by Ord.
No. 12-2022]
Chickens may be kept and maintained on single-family residential
lots as an accessory use on lots less than five acres, provided a
zoning permit is first obtained from the Zoning Officer, and subject
to the following requirements:
a.
The number of chickens kept shall be determined by lot size, subject
to the chart below, but in no case more than 12 chickens:
|
Number of Female Chickens
|
Minimum Lot size
(square feet)
|
|---|---|
|
2
|
2,000
|
|
3
|
3,000
|
|
4
|
4,000
|
|
5
|
5,000
|
|
6
|
6,000
|
|
7
|
7,000
|
|
8
|
8,000
|
|
9
|
9,000
|
b.
No person shall keep a rooster or a male chicken on any residential
lot of less than five acres.
c.
No person who rents the property where chickens are proposed to be
kept or maintained may obtain a zoning permit without first receiving
written permission from an owner of the property. Such written permission
shall be provided to the Zoning Officer.
d.
On properties where the owner is keeping the chickens, the zoning
permit shall terminate in the case of change in ownership. On properties
that are rented, and the tenants are keeping the chickens, the zoning
permit shall terminate on change of tenant.
e.
Applicants for a zoning permit for the keeping of chickens shall
present as part of the zoning permit application proof of an education
class on the keeping of poultry. The only classes acceptable shall
be those attended in person. Online classes will not qualify.
f.
Having received a zoning permit, a permit license shall be obtained
from the Township Zoning and/or Code Enforcement Officer annually
at a fee of $25, regardless of the amount of chickens maintained.
The Township Zoning and/or Code Enforcement Officer shall have the
authority to determine the paperwork, filing deadlines and procedures
governing this licensing.
g.
No person shall keep or maintain chickens for consumption or sale.
Chickens may not be slaughtered on the property.
h.
Chickens shall be kept in a roofed shelter or coop, which shall provide
a minimum of three square feet per adult bird and shall also include
a fully enclosed fenced chicken run that provides a minimum of five
square feet per adult bird. The run shall be attached to the coop
such that chickens are at no time outside of both the coop and run.
The shelter/coop shall be counted as part of the accessory structure
percentage which shall, in total, not exceed 1% of the subject property.
i.
Chickens are not permitted to roam freely beyond the limits of the
shelter/coop or chicken run.
j.
The chicken shelter shall be bird-, rat- and predatorproof, and designed
to be visually compatible with the residential area.
k.
Chain-link, metal wire or mesh fence shall fully enclose the chicken
run and be securely constructed with fence or netting overhead to
keep the chickens separated from other animals. Chicken run fencing
shall not exceed a height of six feet.
l.
A chicken shelter/coop and chicken run are only permitted in the
rear yard and shall comply with the accessory structure setbacks for
the zone, but in no case be less than seven feet from the adjoining
property line.
m.
In no case shall a chicken shelter/coop or chicken run be located
closer than 30 feet to any dwelling on an adjoining lot.
n.
The chicken shelter/coop shall comply with applicable impervious
and building coverage standards for the zone.
o.
The fenced chicken run shall be well drained so that there is no
accumulation of moisture. The floors and walls of the chicken shelter
or coop shall be kept in a clean and sanitary condition, with all
droppings collected at least weekly. Droppings shall be kept in a
covered and secured metal container until disposed of or transported
off-premises.
p.
All chicken feed shall be kept in a covered and secured metal container
off of the ground and inside the coop. All feedings shall occur inside
of the coop and not in the chicken run.
q.
Permits shall be obtained for the chicken shelter/coop: construction,
electric, and plumbing, as applicable. Electric lines shall be installed
underground. Electrical connections to a coop must be done by permit
and be permanent in nature.
r.
If, for any reason, an applicant no longer keeps and raises chickens,
they shall be removed from the property in a humane manner.
s.
It is intended that penalties for violations of provisions in this code section are as specified in Subsections 25-10.5, Violations, and 25-10.6, Penalties, or as amended. Any violation of these standards may be grounds for the revocation of the zoning permit permitting the keeping and maintenance of chickens.
t.
The Zoning Officer and/or Code Enforcement Officer shall have the
right to periodically inspect the premises to ascertain compliance
with these regulations.
u.
Chickens shall be kept and maintained at all times in a humane manner
and in accordance with good agricultural practices. The Animal Control
Officer/Cruelty Investigators shall have all powers under N.J.S.A.
4:19-15.16c to ensure the chickens are maintained in a humane way
and under humane conditions. Any failure to comply with the Animal
Control Officer/Cruelty Officer shall be grounds for revocation of
the zoning permit permitting the keeping and maintenance of chickens.
v.
The Monmouth County Board of Health, and/or any similar body the
Township contracts with for public health services, shall have the
power to investigate any claims under their jurisdiction related to
the keeping and maintenance of chickens. Any failure to comply with
such body shall be grounds for revocation of the zoning permit permitting
the keeping and maintenance of chickens.
w.
If the zoning permit permitting the keeping and maintenance of chickens
is revoked, the chicken shelter/coop and chicken run shall be removed
from the premises within 30 days of revocation of the permit.
Whenever the owner of a lot existing at the time of adoption
of this Ordinance has dedicated or conveyed land to the Township in
order to meet the minimum street width requirements of the Land Development
Chapter or to implement the Official Map or Master Plan of the Township,
the Construction Official shall issue construction and occupancy permits
for the lot whose depth and/or areas are rendered substandard in area
only because of such dedication and where the owner has no other available
adjacent lands to provide the minimum requirements.
a.
The purpose of this section is to provide a method of developing
single-family detached dwellings which will preserve desirable open
spaces, conservation areas, flood plains, school sites, recreation
and park areas and lands for other public purposes by permitting the
reduction of lot sizes and certain other regulations hereinafter stated
without increasing the number of lots in the total area to be developed.
b.
All Cluster Single-Family Residential Developments shall meet the
following requirements:
1.
All dwelling units shall be connected to approved and functioning
public water and sanitary sewer systems.
2.
The minimum size of a tract of land proposed for development under
the cluster development provisions of this chapter shall be twenty
(20) acres.
3.
Total lots permitted shall be calculated by subtracting fifteen (15%)
percent of the site area as an allowance for streets and dividing
the remaining land area by twenty thousand (20,000) square feet which
is the minimum area for non-clustered lots with functioning public
water and sewerage.
4.
Allowable area and yard requirements for lots developed as part of
a Cluster Single-Family Residential Development:
|
Principal Building
| |
|
Minimum
| |
|
Lot area
|
10,000 sq. ft.
|
|
Lot frontage
|
80 ft.
|
|
Lot width
|
80 ft.
|
|
Lot depth
|
100 ft.
|
|
Side yard (each)
|
15 ft.
|
|
Front yard
|
30 ft.
|
|
Rear yard
|
30 ft.
|
|
Accessory Building
| |
|
Minimum
| |
|
Distance to side line
|
10 ft.
|
|
Distance to rear line
|
10 ft.
|
|
Distance to other building
|
10 ft.
|
|
Maximum
| |
|
Building coverage of principal building
|
20%
|
|
Building coverage of accessory building(s)
|
5%
|
5.
All land area not included in lots and not utilized for street rights-of-way shall be delineated on the plat submitted to the Board and may be offered to the Township or held in common ownership. (See subsection 25-6.4 hereinbelow.) A portion of this land area, such portion equivalent to a minimum of twenty (20%) percent of the total tract of land proposed for development, shall be specifically set aside for recreation or park areas, school sites or other public purposes and shall be designed in accordance with the requirements stipulated in subsection 25-6.2b6 below. All lands not offered to and accepted by the Township and not held in common ownership shall be used to enlarge the sizes of the lots. In any case, all streets within the development shall be dedicated to the Township.
6.
At least twenty (20%) percent of the total tract of land proposed
for development shall be specifically set aside for recreation or
park areas, school sites or other public or common ownership purposes
and shall be designed as follows:
(a)
The minimum contiguous acreage of each parcel shall be two (2)
acres.
(b)
Lands set aside for recreational purposes whether or not they
will be offered to the Township shall be improved by the developer,
including equipment, walkways and landscaping, to standards which
would qualify the lands for acceptance by the Township.
(c)
All land areas shall be optimally related to the overall plan
and design of the development and improved to best suit the purpose(s)
for which it is intended.
7.
The lands offered to the Township shall be subject to review by the
Planning Board which in its review and evaluation of the suitability
of such land shall be guided by the Master Plan of the Township, by
the ability to assemble and relate such lands to an overall plan and
by the accessibility and potential utility of such lands. The Planning
Board may request an opinion from other public agencies or individuals
as to the advisability of the Township's accepting any lands to be
offered to the Township.
8.
Every parcel of land offered to and accepted by the Township shall
be conveyed to the Township by deed at the time final plan approval
is granted by the Township. The deed shall contain such restrictions
as may reasonably be required by the Board to effectuate the provisions
of this chapter pertaining to the use of such areas. Should the subdivision
consist of a number of development stages, the Board may require that
acreage proportionate in size to the stage being considered for final
approval be donated to the Township simultaneously with the granting
of final subdivision approval for that particular stage, even though
these lands may be located in a different section of the overall development.
9.
No Certificate of Occupancy shall be issued for any building or part
thereof until all streets, drainage, parking facilities and water
and sewer facilities servicing the said structure are properly completed
and functioning. In lieu of landscaping requirements only, an adequate
performance bond properly guaranteeing completion may be accepted.
a.
Any applicant desiring to subdivide property for townhouse residential
construction in accordance with the provisions of this chapter may
apply to the Board for a major subdivision under the following improvement
requirements. The Board shall examine each request to determine whether
it meets the following minimum standards and specifications. Only
those applicants having already received site plan approval in accordance
with the provisions of this chapter, or those applicants applying
for simultaneous approval, may apply for subdivision for fee simple
townhouse development.
b.
An association shall be established for the purpose of owning and maintaining common lands and facilities, including conservation, open space, flood plain, recreation and park areas, streets, sidewalks and other lands and facilities not dedicated to the Township according to the provisions of subsection 25-6.4 hereinbelow.
c.
All construction permits shall be issued for entire buildings of
townhouse dwelling units as such buildings are indicated on the approved
site plan, except that construction permits may be issued for the
reconstruction or renovation of existing dwelling units provided such
construction is structurally and architecturally compatible with the
adjacent existing dwelling unit(s).
d.
Occupancy permits will be issued only when the exterior of the entire townhouse structure is complete, the installation of any curb, all utilities, all functioning water supply and sewage treatment facilities, all necessary storm drainage to insure proper drainage of the lot and surrounding land, rough grading of lots, base course for the driveway and base course for the streets are installed to serve the lot and townhouse dwelling units for which the permit is requested. Streets, if installed prior to final approval, shall not be paved until all heavy construction is completed; shade trees shall not be planted until all grading and earth moving is completed; seeding of grass areas shall be the last operation. The issuance of Certificates of Occupancy will follow the procedures outlined in Section 25-9 of this chapter.
a.
In any apartment, townhouse or cluster single-family residential
development, an association may be established for the purpose of
owning and maintaining common lands and facilities including conservation,
open space, flood plain, recreation and park areas and other lands
which would otherwise be dedicated to the Township, according to the
following provisions:
1.
Membership in any created association by all property owners shall
be mandatory. Such required membership in any created association
and the responsibilities upon the members shall be in writing between
the association and the individual in the form of a covenant with
each member agreeing to his liability for his pro rata share of the
association's costs and providing that the Township shall be a party
beneficiary to such covenant entitled to enforce its provisions.
2.
Executed deeds shall be tendered to the Township simultaneously with
the granting of site plan or final subdivision approval, stating that
the prescribed use(s) of the lands in the common ownership shall be
absolute and not subject to reversion for possible future development.
3.
The association shall be responsible for liability insurance, local
taxes, maintenance of land and any facilities that may be erected
on any land deeded to the association and shall hold the Township
harmless from any liability.
4.
The assessment levied by the association shall become a lien on the
private properties in the development. The duly created association
shall be allowed to adjust the assessment to meet changing needs,
and any deeded lands may be sold, donated or in any other way conveyed
to the Township for public purposes only.
5.
The association initially created by the developer shall clearly
describe in its bylaws the rights and obligations of any dwelling
unit owner and tenant in the development, along with the covenant
and model deeds and the Articles of Incorporation of the association
prior to the granting of approval by the Township. The bylaws shall
not be amended to contravene any Township ordinance.
6.
Part of the development proposals submitted to and approved by the
Township shall be provisions to insure that control of the association
will be transferred to the individual dwelling unit owners in the
development based on a percentage of the dwelling units sold and/or
occupied, together with assurances in the bylaws that the association
shall have the maintenance responsibilities for all lands to which
they hold title and other areas of the development as required by
the Board at the time of site plan approval and as stipulated in the
bylaws of the association.
7.
The association shall not be dissolved and shall not dispose of any
open space, by sale or otherwise, except to an association conceived
and established to own and maintain the open space for the benefit
of such development, and thereafter such association shall not be
dissolved or dispose of any of its open space without first offering
to dedicate the same to the municipality wherein the land is located.
8.
In the event that such association shall fail to maintain the open
space in reasonable order and condition, the Construction Official
may serve written notice upon such association or upon the owners
of the development setting forth the manner in which the association
has failed to maintain the open space in reasonable condition, and
said notice shall include a demand that such deficiencies of maintenance
be cured within thirty-five (35) days thereof, and shall state the
date and place of a hearing thereon which shall be held within fifteen
(15) days of the notice. At such hearing, the designated Construction
Official may modify the terms of the original notice as to deficiencies
and may give a reasonable extension of time not to exceed sixty-five
(65) days within which they shall be cured. If the deficiencies set
forth in the original notice or in the modification thereof shall
not be cured within said thirty-five (35) days or any permitted extension
thereof, the Township, in order to preserve the open space and maintain
the same for a period of one (1) year may enter upon and maintain
such land. Said entry and maintenance shall not vest in the public
any rights to use the open space except when the same is voluntarily
dedicated to the public by the owners. Before the expiration of said
year, the Construction Official shall, upon his initiative or upon
the request of the association theretofore responsible for the maintenance
of the open space, call a public hearing upon fifteen (15) days written
notice to such association and to the owners of the development, to
be held by the Construction Official at which hearing such association
and the owners of the development shall show cause why such maintenance
by the Township shall not, at the election of the Township, continue
for a succeeding year, and subject to a similar hearing and determination,
in each year thereafter. The decision of the Construction Official
shall constitute a final administrative decision subject to judicial
review.
9.
The cost of such maintenance by the Township shall be assessed pro
rata against the properties within the development that have a right
of enjoyment of the open space in accordance with assessed value at
the time of imposition of the lien, and shall become a lien and tax
on said properties and be added to and be a part of the taxes to be
levied and assessed thereon, and enforced and collected with interest
by the same officers and in the same manner as other taxes.
b.
No Certificate of Occupancy shall be issued for any building or part
thereof until all streets, drainage, parking facilities and water
and sewer facilities servicing the said structure are properly completed
and functioning.
No building shall exceed the height limits as prescribed in Section 25-4. Penthouses or roof structures for the housing of stairways, tanks, ventilating fans, air conditioning equipment or similar equipment required to operate and maintain the building; skylights; spires; cupolas; flagpoles, chimneys; antennas and radio towers; or similar structures may be erected on the building above the height limits prescribed by this chapter, but in no case may the combined height of the structure and facility be more than one hundred twenty-five (125%) percent of the maximum height permitted for the use in the district.
[Ord. No. 22-1990; Ord. No. 18-1996; Ord.
No. 22-1998, § 6]
a.
Application Procedures. Before a construction permit or Certificate
of Occupancy shall be issued for a conditional use as permitted by
this chapter under N.J.S.A. 40:55D-1 et seq., application shall be
made to the Planning Board for site plan review.
The Planning Board shall approve or deny conditional uses simultaneously
with site plan or subdivision review.
The ninety-five (95) day time period for action by the Planning Board on conditional uses shall apply to such site plan review. Public notice of the hearing shall be required as stipulated in subsection 25-7.6e of this chapter.
In all requests for approval of conditional uses, the burden
of proof shall be on the applicant. The Board shall give due consideration
to all reasonable elements which could affect the public health, welfare,
safety, comfort and convenience such as, but not limited to, the proposed
use(s), the character of the area, vehicular travel patterns and access,
pedestrian ways, landscaping, lighting, signs, drainage, sewage treatment,
potable water supply, utilities and building and structure location(s)
and orientation(s). Conditional uses must meet the requirements listed
below in addition to those outlined elsewhere.
b.
Car Washes.
1.
All activities must be conducted within a totally enclosed building.
2.
Drainage from inside the building(s) shall feed into a sanitary sewer
system. No dry well or septic tank will be permitted in connection
with this use.
3.
This use shall not include a self-service or coin-operated car wash
area in any form.
c.
Hotels and Motels.
1.
Any hotel or motel that may be constructed must be on a lot with
a minimum of three (3) acres and must contain a minimum of twenty
(20) units of accommodation exclusive of a permanent on-site superintendent's
living quarters. The minimum number of units of accommodation which
may be constructed in any single building shall be ten (10).
2.
Each unit of accommodation shall contain a minimum floor area of
two hundred fifty (250) square feet. Ceilings shall be a minimum of
seven and one-half (7 1/2) feet in height.
3.
Each unit of accommodation shall include a minimum of two (2) rooms,
a bedroom and a separate bathroom which affords privacy to a person
within said room and which is equipped with a toilet, a wash basin
and a bathtub or shower, all properly connected to a water and sewer
system.
4.
All of the area, yard, building coverage and height requirements
of the respective zone and other applicable requirements of this chapter
must be met.
d.
Public Utility Uses.
1.
For purposes of this chapter, the term "public utility uses" shall
include such uses as telephone, dial equipment centers, power substations,
CATV towers and other public utility services, but shall not include
service or storage yards or similar uses.
2.
The proposed installation in a specific location must be reasonably
necessary for the satisfactory provision of service by the utility
to the neighborhood or area in which the particular use is to be located.
3.
The design of any structure built in connection with such facilities
must conform to the general character of the area and not adversely
affect the safe, comfortable enjoyment of property rights in the zone
in which it is located.
4.
Adequate fences and other safety devices must be provided as may
be required. Fences, when used to enclose public utility facilities
such as electrical power substations, shall be built in accordance
with the applicable requirements of the New Jersey Board of Public
Utility Commissioners and the National Electrical Safety Code in effect
at the time of construction.
5.
Sufficient landscaping, including shrubs, trees and lawn, shall be
provided and be periodically maintained.
6.
Adequate off-street parking shall be provided.
7.
All of the area, yard, building coverage and height requirements
of the respective zone must be met.
e.
Auto Service Stations.
1.
No service stations shall be located within five hundred (500) feet
of any fire house, school, playground, church, hospital, public building
or institutions nor shall any service station be located within one
thousand five hundred (1,500) feet of another service station. These
distances shall be measured on a straight and horizontal plane from
the outer boundaries of the property lines.
2.
All appliances, pits, storage areas and trash facilities, other than
gasoline filling pumps or air pumps, shall be within an enclosed building.
Gasoline filling pumps and air pumps shall be permitted within the
required front yard space of service stations but shall be no closer
than fifty (50) feet to any future street line and twenty (20) feet
from any property line. All lubrication, repair or similar activities
shall be performed in a fully enclosed building, and no dismantled
parts shall be displayed outside of an enclosed building.
3.
No junked motor vehicle or part thereof shall be permitted on the
premises of any service station. It shall be deemed prima facie evidence
of violation of this chapter if more than three (3) motor vehicles
incapable of operation are located at any one (1) time upon any premises
and not within a closed and roofed building, except, however, that
a number not exceeding six (6) motor vehicles may be located at any
one (1) time outside a closed or roofed building for a period of time
not to exceed two (2) days, providing that the owners of said motor
vehicles are awaiting their repair.
4.
Landscaping shall be provided in the front yard area equal to at
least twenty-five (25%) percent of the front yard area, and such landscaping
shall be reasonably distributed throughout the entire front yard area.
5.
The exterior display and parking of motor vehicles, trailers, boats
or other similar equipment for sale or rental purposes shall not be
permitted as part of a service station.
6.
No parking shall be permitted on unpaved areas.
7.
Auto service stations shall be permitted the following signs:
(a)
One (1) free-standing sign advertising the name of the station
or garage and the principal products sold on the premises, including
any special company or brand name, insignia or emblem, provided that
each such sign shall not exceed thirty-five (35) feet in area on a
side and shall be set back twenty (20) feet from street lines and
fifty (50) feet from side lot lines and provided further that the
sign shall be not less than ten (10), nor more than twenty (20), feet
above the ground.
(b)
One (1) temporary sign located inside the property line and
specifically advertising special seasonal servicing of automobiles,
providing that said sign does not exceed seven (7) square feet in
area.
(c)
Directional signs or lettering displayed over individual entrance
doors or bays and consisting only of the words "washing," "lubrication,"
"repairs," "mechanic on duty" or other words closely similar in import,
provided that there shall not be more than one (1) such sign over
each entrance or bay.
(d)
Customary lettering or other insignia which are a structural
part of a gasoline pump, consisting only of the brand name of a gasoline
sold, lead warning sign, a price indicator and any other sign required
by law.
f.
Offices.
1.
Buildings for business and professional offices may be integrated
into the overall plan for the site. Consideration shall be given to
the compatibility of the design with the residential structures, safe
integration of the traffic circulation system, and harmonious and
complementary landscaping.
2.
Office uses may not occupy the same building as residential uses.
3.
Office buildings must be located so as to minimize traffic impact
on the residential portions of the site.
4.
Minimum tract size shall be eighty thousand (80,000) square feet.
5.
Buildings may cover no more than twenty (20%) percent of the site.
g.
Local Retail Sales of Goods and Services.
1.
The purpose of permitting local retail sales of goods and services
in the "RA-PRD" District as conditional uses is to provide for the
opportunity for neighborhood retail activities proximate to a planned
residential development which is developed at a higher density than
other permitted residential developments.
2.
The lot size devoted to the local retail sales of goods and services shall be between twenty thousand (20,000) square feet and twenty-five thousand (25,000) square feet in area, provided that all area, yard and coverage requirements specified in subsection 25-4.5e for uses in the "NC" District are met.
3.
Retail sales of goods and services shall be located on a lot which
has vehicular access frontage on a road under the jurisdiction of
Monmouth County.
4.
The lands to be utilized for retail sales of goods and services shall
be contiguous to a planned residential development (PRD) and the total
acreage of lands devoted to such uses shall not exceed one (1%) percent
of the land area of the planned residential development.
5.
Retail uses shall be suitably screened from adjacent residential
uses. If provisions for such screening exist or have been approved
off-site in such a manner as to satisfactorily screen the nonresidential
uses from the residential uses, then, upon review and approval by
the Planning Board, this condition may be deemed to have been met.
h.
Amusement Arcades.
1.
Amusement arcades shall be permitted only within the "HC" Highway
Commercial, the "RC" Regional Commercial or the "LI" Light Industrial
zoning districts and only on tracts of land which directly abut New
Jersey State Highway 35.
2.
An amusement arcade may be the sole use within a building or may
be one (1) of a number of uses within a building (i.e., a "Shopping
Center", "Strip Mall", etc.), provided only one (1) amusement arcade
shall be located within any building.
3.
An amusement arcade shall be oriented towards families and particularly
to children and young adolescents.
4.
No amusement arcade shall be open for business earlier than 10:00
a.m. nor close later than 11:00 p.m.
5.
An amusement arcade may sell food and drinks except that no alcoholic
beverages of any kind may be sold or consumed on the premises.
6.
All activities of an amusement arcade shall occur indoors.
7.
All of the requirements specified for the "Retail Sales of Goods and Services" within the "HC" zoning district (i.e., subsections 25-4.6a—g), the "RC" Zoning District (i.e., subsections 25-4.7a—g) or the "LI" Zoning District (i.e., subsections 25-4.11a—g) shall be applicable, although the Planning Board shall have the right to grant variances from any of these requirements without necessitating the applicant to proceed to the Zoning Board of Adjustment for any variance approval.
8.
An amusement arcade shall only have "amusement games" authorized
under the provisions of the "Amusement Games Licensing Law", N.J.S.A.
5:8-78 et seq., provided a license for the "amusement games" has been
obtained from Aberdeen Township in accordance with the regulations
promulgated by the New Jersey State Commissioner of Amusement Games
Control.
i.
Storage Yards for Towed Inoperable Vehicles.
1.
The operator of the storage yard shall be in possession of a towing
contract with the Township of Aberdeen.
2.
A zoning permit for the use of the lot as a storage yard for towed
inoperable vehicles shall be required, or the appointment approval
from the Township with jurisdiction over the lot.
3.
The storage yard shall only used for the storage of inoperable vehicles
and tow trucks of the towing contract operator.
4.
Parking of inoperable vehicles outside the required fence shall not
be permitted.
5.
There shall be no piling of vehicles.
6.
The size of the storage yard area which is required to be enclosed
by a fence shall be no less than four thousand (4,000) square feet
and no greater than six thousand (6,000) square feet in area.
7.
The storage yard shall be surrounded by a fence not less than six
(6) feet in height and not greater than eight (8) feet in height.
The fence shall be a stockade wood fence where the fence fronts on,
or is visible from, a street or residential zoning district or use,
with the finished side of the fence facing outward so that the supporting
members of the fence are internal to the storage yard. (See Section
508 for additional standards.)
8.
At least the first twenty-five (25) feet adjacent to a street line or lot line common with a residential zoning district or use and the first ten (10) feet adjacent to any lot line shall be a landscaped buffer area with adequate evergreen shrubbery to screen the storage yard from view. The fence shall be placed behind the buffer area. (See subsection 25-5.5 for additional standards.)
9.
The surface of the storage yard may be of towing gravel or earth. The area outside the fenced storage yard shall be suitably landscaped. The lot shall be adequately drained and shall not adversely affect any adjoining property. (See subsection 25-5.6 for additional standards.)
10.
When access is needed to the storage yard during hours of darkness, lighting shall be required in the storage yard. (See subsection 25-5.9 for additional standards.)
11.
One (1) sign of twelve (12) square feet shall be permitted in addition to other permitted signs, provided the sign displays the name of the towing service only and that it is located as required for any other sign in the applicable zoning district. (See subsection 25-5.18 for additional standards.)
12.
All of the height, building setbacks and general requirements of
the respective zoning districts and other applicable requirements
of this chapter must be met.
[Ord. No. 24-1990; Ord. No. 12-2010; amended 6-21-2018 by Ord. No. 16-2018]
a.
Purpose and Applicability.
1.
Purpose. The purpose of these provisions is to provide a realistic
opportunity for the construction of Aberdeen Township's constitutional
obligation to provide for its fair share of affordable housing for
households with low- and moderate-incomes, as directed by the Superior
Court and is consistent with N.J.A.C. 5:80-26.1, et seq. and N.J.S.A.
52:27D-301 et seq.
2.
Applicability. The provisions of this section shall apply:
(a)
To all affordable housing developments and affordable housing
units that currently exist within Aberdeen Township;
(b)
To all affordable housing developments and affordable housing
units that are proposed to be created pursuant to Aberdeen Township's
Housing Element and Fair Share Plan;
(c)
To all other affordable housing developments and housing units
that are created pursuant to actions by Aberdeen Township, its Planning
Board, or its Zoning Board of Adjustment, including projects that
may be funded with Low Income Housing Tax Credit financing, which
shall comply with the income and bedroom distribution requirements
of this section.
b.
ACT
ADAPTABLE
ADMINISTRATIVE AGENT
AFFIRMATIVE MARKETING
AFFORDABILITY AVERAGE
AFFORDABLE
AFFORDABLE HOUSING DEVELOPMENT
AFFORDABLE HOUSING PROGRAM(S)
AFFORDABLE UNIT
AGE-RESTRICTED UNIT
AGENCY
ALTERNATIVE LIVING ARRANGEMENT
ASSISTED LIVING RESIDENCE
CERTIFIED HOUSEHOLD
COAH
DCA
DEFICIENT HOUSING UNIT
DEVELOPER
DEVELOPMENT
DEVELOPMENT FEE
EQUALIZED ASSESSED VALUE
GREEN BUILDING STRATEGIES
INCLUSIONARY DEVELOPMENT
LOW-INCOME HOUSEHOLD
LOW-INCOME UNIT
MAJOR SYSTEM
MARKET-RATE UNITS
MEDIAN INCOME
MODERATE-INCOME HOUSEHOLD
MODERATE-INCOME UNIT
MULTIFAMILY RESIDENTIAL DEVELOPMENT
NON-EXEMPT SALE
RANDOM SELECTION PROCESS
REGIONAL ASSET LIMIT
REHABILITATION
RENT
RESTRICTED UNIT
UHAC
VERY-LOW-INCOME HOUSEHOLD
VERY-LOW-INCOME UNIT
WEATHERIZATION
Definitions. The following terms, when used in this section, shall
have the following meanings:
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.[1]
The entity designated by the Township to administer affordable
units in accordance with this section, N.J.A.C. 5:93,[2] and UHAC (N.J.A.C. 5:80-26).
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which new restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent level that is within the means of a
low- or moderate-income household as defined within N.J.A.C. 5:93-7.4,[3] and, in the case of an ownership unit, that the sales
price for the unit conforms to the standards set forth in N.J.A.C.
5:80-26.6, as may be amended and supplemented, and, in the case of
a rental unit, that the rent for the unit conforms to the standards
set forth in N.J.A.C. 5:80-26.12, as may be amended and supplemented.
A development included in or approved pursuant to the Housing
Element and Fair Share Plan or otherwise intended to address the Township's
fair share obligation, and includes, but is not limited to, an inclusionary
development, a municipal construction project, or a 100% affordable
housing development.
Any mechanism in a municipal Fair Share Plan prepared or
implemented to address a municipality's fair share obligation.
A housing unit proposed or created pursuant to the Act and
approved for crediting by COAH, its successor entity, or the Court
and/or funded through an affordable housing trust fund.
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: 1) all the residents of the development wherein the unit
is situated are 62 years of age or older; or 2) at least 80% of the
units are occupied by one person who is 55 years of age or older;
or 3) the development has been designated by the Secretary of the
U.S. Department of Housing and Urban Development as "housing for older
persons" as defined in Section 807(b)(2) of the Fair Housing Act,
42 U.S.C. § 3607.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A structure in which households live in distinct bedrooms,
yet share kitchen and plumbing facilities, central heat and common
areas. Alternative living arrangements include, but are not limited
to: transitional facilities for the homeless; Class A, B, C, D and
E boarding homes as regulated by the DCA; residential health care
facilities as regulated by the New Jersey Department of Health; group
homes for the developmentally disabled and mentally ill as licensed
and/or regulated by the New Jersey Department of Human Services; and
congregate living arrangements.
A facility that is licensed by the New Jersey Department
of Health and Senior Services to provide apartment-style housing and
congregate dining and to assure that assisted living services are
available when needed for four or more adult persons unrelated to
the proprietor and that offers units containing, at a minimum, one
unfurnished room, a private bathroom, a kitchenette and a lockable
door on the unit entrance.
A household that has been certified by an administrative
agent as a low-income household or moderate-income household.
The Council on Affordable Housing, as established by the
New Jersey Fair Housing Act (N.J.S.A. 52:27D-301 et seq.) or its successor
entity.
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that
requires the repair or replacement of a major system. A major system
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load-bearing structural systems.
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
included in a proposed development including the holder of an option
to contract to purchase, or other person having an enforceable proprietary
interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of 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 may be required
pursuant to N.J.S.A. 40:55D-1 et seq.
Money paid by a developer for the improvement of property
as permitted in Holmdel Builder's Association v. Holmdel Township,
121 NJ 550 (1990).
The assessed value of a property divided by the current average
ratio of assessed to true value for the municipality in which the
property is situated.
Those strategies that minimize the impact of development
on the environment, and enhance the health, safety, and well-being
of residents by producing durable, low-maintenance, resource-efficient
housing while making optimum use of existing infrastructure and community
services.
A development containing both affordable units and market-rate
units. This term includes, but is not limited to: new construction,
the conversion of a nonresidential structure to residential use, and
the creation of new affordable units through the gut rehabilitation
or reconstruction of a vacant residential structure.
A household with a total gross annual household income equal
to 50% or less of the regional median income per household by household
size.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building which
include but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement and load bearing structural
systems.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
The median income by household size for the applicable housing
region, as adopted annually by COAH or a successor entity approved
by the Court.
A household with a total gross annual household income in
excess of 50% but less than 80% of the regional median income per
household by household size.
A restricted unit that is affordable to a moderate-income
household.
A residential development that is located in buildings that
contain five or more dwelling units, including, but not limited to,
dwelling units that are located one over another, garden apartments,
townhouse developments, multistory apartment or condominium buildings,
and mixed-use developments containing a combination of nonresidential
and residential uses.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a class A
beneficiary and the transfer of ownership by court order.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by duly adopted regional income limits published annually
by COAH or a successor entity.
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the property owner, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted living residences, "rent" does
not include charges for food and services.
A dwelling unit, whether a rental unit or an ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as amended and supplemented, but does not include a market-rate unit
financed under UHORP or MONI.
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26 et seq.
A household with a total gross annual household income equal
to 30% or less of the regional median income per household by household
size for the applicable housing region.
A restricted unit that is affordable to a very-low-income
household.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for purposes of a rehabilitation
program.
c.
Mandatory Requirement for Affordable Housing in Multifamily Residential
Developments.
1.
If the Township permits the construction of multifamily or single-family
attached residential development that is "approvable" and "developable,"
as defined at N.J.A.C. 5:93-1.3,[4] at a gross residential density of six or more units per
acre, the Township shall require that an appropriate percentage of
the residential units be set aside for very-low-, low-, and moderate-income
households. For inclusionary projects in which the low and moderate
units are to be offered for sale, the appropriate set-aside percentage
is 20%; for projects in which the low and moderate-income units are
to be offered for rent, the appropriate set-aside percentage is 15%.
(a)
This requirement shall apply to any multifamily or single-family
attached residential development, including the residential portion
of a mixed-use project, which consists of five or more new residential
units, whether permitted by a zoning amendment, a variance granted
by the Township's Planning or Zoning Board, or adoption of a Redevelopment
Plan or amended Redevelopment Plan in areas in need of redevelopment
or rehabilitation.
(b)
In any such development for which the Township's land use ordinances
or an adopted Redevelopment Plan already permitted residential development
as of February 16, 2017, this requirement shall only apply if the
Township permits an increase in approvable and developable gross residential
density as of the effective date of this Agreement.
[4]
Editor’s Note: The provisions of N.J.A.C. 5:93 expired
10-16-2016.
2.
When calculating the set-aside requirement for a particular site,
if the imposition of the required set-aside requirement results in
a fractional unit, the requirement shall be rounded up to the next
whole number. For example, in the case of a fifteen-unit multifamily
residential development, a total of three affordable units would be
required (i.e., 15 units x 15% set-aside requirement = 2.25 affordable
units required, which is rounded up to three affordable units required).
3.
Nothing in this section precludes the Township from imposing an affordable
housing set-aside requirement on a development that is not required
to have an affordable housing set-aside pursuant to this section,
when such imposition is consistent with N.J.S.A. 52:27D-311(h) and
other applicable law.
4.
This affordable housing set-aside requirement shall not create any
entitlement to a special dispensation or approval for a property owner
or applicant for a zoning amendment, variance, or adoption of a redevelopment
plan or amended redevelopment plan.
5.
This affordable housing set-aside requirement shall not apply to
any sites or specific zones identified in the Township's Housing Element
and Fair Share Plan or the settlement agreement between the Township
and Fair Share Housing Center, Inc., which was signed and dated February
16, 2017. For such sites, density and set-aside standards shall be
governed by the specific standards set forth therein.
6.
This affordable housing set-aside requirement shall not apply to
development containing four or less dwelling units.
7.
All subdivision and site plan approvals of qualifying residential
developments shall be conditioned upon compliance with the provisions
of this section.
8.
Where a developer demolishes existing dwelling units and builds new
dwelling units on the same site, the provisions of this section shall
apply only if the net number of new dwelling units is five or more
units.
d.
Phasing of Certificates of Occupancy. Certificates of occupancy for
developments that include affordable housing units shall be subject
to the following additional provisions:
1.
Phasing Schedule for Inclusionary Development. Affordable housing
units shall be built, occupied, and receive certificates of occupancy
in accordance with the following schedule:
|
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
|---|---|
|
25
|
0
|
|
25+1
|
10
|
|
50
|
50
|
|
75
|
75
|
|
90
|
100
|
2.
No initial occupancy of a low- or moderate-income housing sales unit
shall be permitted prior to issuance of a certificate of occupancy,
and no certificate of occupancy for initial occupancy of a low- or
moderate-income housing sales unit shall be issued unless there is
a written determination by the administrative agent that the unit
is to be controlled by a deed restriction and mortgage lien as required
by UHAC.
3.
A certificate of reoccupancy for any occupancy of a low- or moderate-income
housing sales unit resulting from a resale shall be required, and
the Township shall not issue such certificate unless there is a written
determination by the administrative agent that the unit is to be controlled
by the deed restriction and mortgage lien required by UHAC.
e.
Administration.
1.
Municipal Housing Liaison.
(a)
Aberdeen Township shall appoint a specific municipal employee
to serve as the Municipal Housing Liaison, responsible for administering
the affordable housing program, including affordability controls,
the Affirmative Marketing Plan, monitoring and reporting, and, where
applicable, supervising any contracted administrative agent. Aberdeen
Township shall adopt a resolution appointing a Municipal Housing Liaison.
The Municipal Housing Liaison shall be appointed by the governing
body and may be a full- or part-time municipal employee. The Municipal
Housing Liaison shall be approved by COAH, its successor entity, or
the Court, and shall be duly qualified through a training program
sponsored by the Affordable Housing Professionals of New Jersey before
assuming the duties of the Municipal Housing Liaison.
(b)
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for Aberdeen
Township, including the following responsibilities, which may not
be contracted out to the administrative agent:
(1)
Serving as Aberdeen Township's primary point of contact for
all inquiries from the state, affordable housing providers, administrative
agents, and interested households;
(2)
Monitoring the status of all restricted units in Aberdeen Township's
Fair Share Plan;
(3)
Compiling, verifying, submitting, and posting all of the required
annual monitoring reports in accordance with all applicable statutes
and regulations in effect at the time;
(4)
Coordinating meetings with affordable housing providers and
administrative agents, as needed; and
(5)
Attending continuing education opportunities on affordability
controls, compliance monitoring, and affirmative marketing at least
annually and more often as needed.
(c)
Subject to the approval of COAH, its successor entity, or the
Court, Aberdeen Township shall designate one or more administrative
agent(s) to administer newly constructed affordable units in accordance
with the UHAC. An operating manual for each affordable housing program
shall be provided by the administrative agent(s) to be adopted by
resolution of the governing body and subject to approval of COAH,
its successor entity, or the Court. The operating manual(s) shall
be available for public inspection in the office of the Township Clerk,
in the office of the Municipal Housing Liaison, and in the office(s)
of the administrative agent(s). The Municipal Housing Liaison shall
supervise the contracting administrative agent(s).
2.
Administrative Agent.
(a)
The administrative agent shall be an independent entity serving
under contract and reporting to the municipality. The fees of the
administrative agent shall be paid by the owners of the affordable
units for which the services of the administrative agent are required.
The administrative agent shall perform the duties and responsibilities
of an administrative agent as set forth in the UHAC, including those
set forth in §§ 5:80-26.14, 16 and 18 thereof, which
include:
(1)
Affirmative Marketing:
(i)
Conducting an outreach process to affirmatively
market affordable housing units in accordance with the Affirmative
Marketing Plan of Aberdeen Township and the provisions of N.J.A.C.
5:80-26.15; and,
(ii)
Providing counseling or contracting to provide
counseling services to low- and moderate-income applicants on subjects
such as budgeting, credit issues, mortgage qualification, rental lease
requirements, and landlord/tenant law.
(2)
Household Certification:
(i)
Soliciting, scheduling, conducting and following
up on interviews with interested households;
(ii)
Conducting interviews and obtaining sufficient
documentation of gross income and assets upon which to base a determination
of income eligibility for a low- or moderate-income unit;
(iii)
Providing written notification to each applicant
as to the determination of eligibility or noneligibility;
(iv)
Requiring that all certified applicants for restricted
units execute a certificate substantially in the form, as applicable,
of either the ownership or rental certificates set forth in Appendices
J and K of N.J.A.C. 5:80-26.1 et seq.;
(v)
Creating and maintaining a referral list of eligible
applicant households living in the housing region and eligible applicant
households with members working in the housing region where the units
are located; and
(vi)
Employing a random selection process as provided
in Aberdeen Township's Affirmative Marketing Plan when referring households
for certification to affordable units.
(3)
Affordability Controls:
(i)
Furnishing to attorneys or closing agents forms
of deed restrictions and mortgages for recording at the time of conveyance
of title of each restricted unit;
(ii)
Creating and maintaining a file on each restricted
unit for its control period, including the recorded deed with restrictions,
recorded mortgage and note, as appropriate;
(iii)
Ensuring that the removal of the deed restrictions
and cancellation of the mortgage note are effectuated and properly
filed with the Monmouth County Register of Deeds or Monmouth County
Clerk's office after the termination of the affordability controls
for each restricted unit;
(iv)
Communicating with lenders regarding foreclosures;
and
(v)
Ensuring the issuance of continuing certificates
of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
(4)
Resales and Re-rentals:
(i)
Instituting and maintaining an effective means
of communicating information between owners and the administrative
agent regarding the availability of restricted units for resale or
re-rental; and
(ii)
Instituting and maintaining an effective means
of communicating information to low- and moderate-income households
regarding the availability of restricted units for resale or re-rental.
(5)
Processing Requests from Unit Owners:
(i)
Reviewing and approving requests for determination
from owners of restricted units who wish to take out home equity loans
or refinance during the term of their ownership that the amount of
indebtedness to be incurred will not violate the terms of this section;
(ii)
Reviewing and approving requests to increase sales
prices from owners of restricted units who wish to make capital improvements
to the units that would affect the selling price, such authorizations
to be limited to those improvements resulting in additional bedrooms
or bathrooms and the depreciated cost of central air-conditioning
systems;
(iii)
Notifying the municipality of an owner's intent
to sell a restricted unit; and
(iv)
Making determinations on requests by owners of
restricted units for hardship waivers.
(6)
Enforcement:
(i)
Securing annually from the municipality a list
of all affordable housing units for which tax bills are mailed to
absentee owners, and notifying all such owners that they must either
move back to their unit or sell it;
(ii)
Securing from all developers and sponsors of restricted
units, at the earliest point of contact in the processing of the project
or development, written acknowledgement of the requirement that no
restricted unit can be offered, or in any other way committed, to
any person, other than a household duly certified to the unit by the
administrative agent;
(iii)
The posting annually in all rental properties,
including two-family homes, of a notice as to the maximum permitted
rent together with the telephone number of the administrative agent
where complaints of excess rent or other charges can be made;
(iv)
Sending annual mailings to all owners of affordable
dwelling units, reminding them of the notices and requirements outlined
in N.J.A.C. 5:80-26.18(d)4;
(v)
Establishing a program for diverting unlawful rent
payments to the municipality's Affordable Housing Trust Fund; and
(vi)
Creating and publishing a written operating manual
for each affordable housing program administered by the administrative
agent, to be approved by the Township Council and COAH, its successor
entity, or the Court, setting forth procedures for administering the
affordability controls.
(7)
Additional Responsibilities:
(i)
The administrative agent shall have the authority
to take all actions necessary and appropriate to carry out its responsibilities
hereunder;
(ii)
The administrative agent shall prepare monitoring
reports for submission to the Municipal Housing Liaison in time to
meet any monitoring requirements and deadlines imposed by COAH, its
successor entity, or the Court; and
(iii)
The administrative agent shall attend continuing
education sessions on affordability controls, compliance monitoring,
and affirmative marketing at least annually and more often as needed.
3.
Affirmative Marketing Requirements.
(a)
Aberdeen Township shall adopt by resolution an Affirmative Marketing
Plan, subject to approval of COAH, its successor entity, or the Court,
which is compliant with N.J.A.C. 5:80-26.15, as may be amended and
supplemented.
(b)
The Affirmative Marketing Plan is a regional marketing strategy
designed to attract buyers and/or renters of all majority and minority
groups, regardless of: race; creed; color; national origin; ancestry;
marital or familial status; gender; affectional or sexual orientation;
disability; age; or number of children, to housing units that are
being marketed by a developer, sponsor, or owner of affordable housing.
The Affirmative Marketing Plan is intended to target those potentially
eligible persons who are least likely to apply for affordable units
in that region. The Affirmative Marketing Plan is a continuing program
that directs marketing activities toward Housing Region 4 and shall
be followed throughout the period of restriction.
(c)
The Affirmative Marketing Plan shall provide a regional preference
for all households that live and/or work in Housing Region 4, comprised
of Monmouth, Mercer, and Ocean counties.
(d)
The municipality has the ultimate responsibility for adopting
the Affirmative Marketing Plan and for the proper administration of
the Affirmative Marketing Program, including initial sales and rentals
and resales and re-rentals. The administrative agent designated by
the Township shall implement the Affirmative Marketing Plan to assure
the affirmative marketing of all affordable units.
(e)
In implementing the Affirmative Marketing Plan, the administrative
agent shall provide a list of counseling services to low- and moderate-income
applicants on subjects such as budgeting, credit issues, mortgage
qualification, rental lease requirements, and landlord/tenant law.
(f)
The Affirmative Marketing Plan shall describe the media to be
used in advertising and publicizing the availability of housing. In
implementing the Affirmative Marketing Plan, the administrative agent
shall consider the use of language translations where appropriate.
(g)
The affirmative marketing process for available affordable units
shall begin at least four months (i.e., 120 days) prior to the expected
date of occupancy.
(h)
Applications for affordable housing shall be available at the
Aberdeen Township Municipal Building, the Matawan Aberdeen Public
Library, the developer's sales office, the Monmouth, Mercer, and Ocean
County Administration Buildings, and at the Monmouth, Mercer, and
Ocean County Library Headquarters. Applications shall be mailed to
prospective applicants upon request.
(i)
The Township shall as part of its regional affirmative marketing
strategies during the period of its judgment of repose provide direct
notice to the Fair Share Housing Center, the New Jersey State Conference
of the NAACP, the Latino Action Network, and the Long Branch, Bayshore
(Matawan), Red Bank, and Asbury Park/Neptune Branch Units of the NAACP
of all available housing units, pursuant to the Township's Affirmative
Marketing Plan.
(j)
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor, or owner.
4.
Occupancy Standards.
(a)
In referring certified households to specific restricted units,
the administrative agent shall, to the extent feasible and without
causing an undue delay in the occupancy of a unit, strive to:
5.
Control Periods for Restricted Ownership Units and Enforcement Mechanisms.
(a)
Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each
restricted ownership unit shall remain subject to the requirements
of this section for a period of at least 30 years, until Aberdeen
Township takes action to release the unit from such requirements;
prior to such action, a restricted ownership unit must remain subject
to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
(b)
The affordability control period for a restricted ownership
unit shall commence on the date the initial certified household takes
title to the unit.
(c)
Prior to the issuance of the initial certificate of occupancy
for a restricted ownership unit and upon each successive sale during
the period of restricted ownership, the administrative agent shall
determine the restricted price for the unit and shall also determine
the nonrestricted, fair-market value of the unit based on either an
appraisal or the unit's equalized assessed value without the restrictions
in place.
(d)
At the time of the initial sale of the unit, the initial purchaser
shall execute and deliver to the administrative agent a recapture
note obligating the purchaser (as well as the purchaser's heirs, successors,
and assigns) to repay, upon the first nonexempt sale after the unit's
release from the restrictions set forth in this section, an amount
equal to the difference between the unit's nonrestricted fair-market
value and its restricted price. The recapture note shall be secured
by a recapture lien evidenced by a duly recorded mortgage on the unit.
(e)
The affordability controls set forth in this section shall remain
in effect despite the entry and enforcement of any judgment of foreclosure
with respect to restricted ownership units.
(f)
A restricted ownership unit shall be required to obtain a continuing
certificate of occupancy or a certified statement from the Construction
Official stating that the unit meets all Code standards upon the first
transfer of title following the removal of the restrictions provided
under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
6.
Price Restrictions for Restricted Ownership Units, Homeowner Association
Fees and Resale Prices.
(a)
Price restrictions for restricted ownership units shall be in
accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
including:
(1)
The initial purchase price for a restricted ownership unit shall
be approved by the administrative agent;
(2)
The administrative agent shall approve all resale prices, in
writing and in advance of the resale, to assure compliance with the
foregoing standards;
(3)
The master deeds of inclusionary developments shall provide
no distinction between the condominium or homeowner association fees
and special assessments paid by low- and moderate-income purchasers
and those paid by market purchasers; and
(4)
The owners of restricted ownership units may apply to the administrative
agent to increase the maximum sales price for the unit based on anticipated
capital improvements. Eligible capital improvements shall be those
that render the unit suitable for a larger household or the addition
of a bathroom.
7.
Buyer Income Eligibility.
(a)
Buyer income eligibility for restricted ownership units shall
be in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median
income and moderate-income ownership units shall be reserved for households
with a gross household income less than 80% of median income.
(b)
Notwithstanding the foregoing, however, the administrative agent
may, upon approval by the Township Council, and subject to the Court's
approval, permit moderate-income purchasers to buy low-income units
in housing markets if the administrative agent determines that there
is an insufficient number of eligible low-income purchasers to permit
prompt occupancy of the units. All such low-income units to be sold
to moderate-income households shall retain the required pricing and
pricing restrictions for low-income units.
(c)
A certified household that purchases a restricted ownership
unit must occupy it as the certified household's principal residence
and shall not lease the unit; provided, however, that the administrative
agent may permit the owner of a restricted ownership unit, upon application
and a showing of hardship, to lease the restricted unit to another
certified household for a period not to exceed one year.
(d)
The administrative agent shall certify a household as eligible
for a restricted ownership unit when the household is a low-income
household or a moderate-income household, as applicable to the unit,
and the estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance,
and condominium or homeowner association fees, as applicable) does
not exceed 33% of the household's eligible monthly income.
8.
Limitations on Indebtedness Secured by Ownership Unit; Subordination.
(a)
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the owner shall apply to the administrative agent
for a determination in writing that the proposed indebtedness complies
with the provisions of this section, and the administrative agent
shall issue such determination prior to the owner incurring such indebtedness.
(b)
With the exception of first purchase money mortgages, neither
an owner nor a lender shall at any time cause or permit the total
indebtedness secured by a restricted ownership unit to exceed 95%
of the maximum allowable resale price of the unit, as such price is
determined by the administrative agent in accordance with N.J.A.C.
5:80-26.6(b).
9.
Capital Improvements to Ownership Units.
(a)
The owners of restricted ownership units may apply to the administrative
agent to increase the maximum sales price for the unit based on capital
improvements made since the purchase of the unit. Eligible capital
improvements shall be those that render the unit suitable for a larger
household or that add an additional bathroom. In no event shall the
maximum sales price of an improved housing unit exceed the limits
of affordability for the larger household.
(b)
Upon the resale of a restricted ownership unit, all items of
property that are permanently affixed to the unit or were included
when the unit was initially restricted (e.g., refrigerator, range,
washer, dryer, dishwasher, wall-to-wall carpeting) shall be included
in the maximum allowable resale price. Other items may be sold to
the purchaser at a reasonable price that has been approved by the
administrative agent at the time of the signing of the agreement to
purchase. The purchase of central air conditioning installed subsequent
to the initial sale of the unit and not included in the base price
may be made a condition of the unit resale provided the price, which
shall be subject to ten-year, straight-line depreciation, has been
approved by the administrative agent. Unless otherwise approved by
the administrative agent, the purchase of any property other than
central air conditioning shall not be made a condition of the unit
resale. The owner and the purchaser must personally certify at the
time of closing that no unapproved transfer of funds for selling and
receiving property has taken place at the time of or as a condition
of resale.
10.
Control Periods for Restricted Rental Units.
(a)
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and
each restricted rental unit shall remain subject to the requirements
of this section for a period of at least 30 years, until Aberdeen
Township takes action to release the unit from such requirements.
Prior to such action, a restricted rental unit must remain subject
to the requirements of N.J.A.C. 5:80-26.1, as may be amended and supplemented.
(b)
Deeds of all real property that include restricted rental units
shall contain deed restriction language. The deed restriction shall
have priority over all mortgages on the property, and the deed restriction
shall be filed by the developer or seller with the records office
of Monmouth County. A copy of the filed document shall be provided
to the administrative agent within 30 days of the receipt of a certificate
of occupancy.
(c)
A restricted rental unit shall remain subject to the affordability
controls of this section despite the occurrence of any of the following
events:
11.
Rent Restrictions for Rental Units; Leases.
(a)
A written lease shall be required for all restricted rental
units, and tenants shall be responsible for security deposits and
the full amount of the rent as stated on the lease. A copy of the
current lease for each restricted rental unit shall be provided to
the administrative agent.
(b)
No additional fees or charges shall be added to the approved
rent (except, in the case of units in an assisted living residence,
to cover the customary charges for food and services) without the
express written approval of the administrative agent.
(c)
Application fees (including the charge for any credit check)
shall not exceed 5% of the monthly rent of the applicable restricted
unit and shall be payable to the administrative agent to be applied
to the costs of administering the controls applicable to the unit
as set forth in this section.
(d)
No rent control ordinance or other pricing restriction shall
be applicable to either the market units or the affordable units in
any development in which at least 15% of the total number of dwelling
units are restricted rental units in compliance with this section.
12.
Tenant Income Eligibility.
(a)
Tenant income eligibility shall be in accordance with N.J.A.C.
5:80-26.13, as may be amended and supplemented, and shall be determined,
as follows:
(1)
Very-low-income rental units shall be reserved for households
with a gross household income less than or equal to 30% of median
income;
(2)
Low-income rental units shall be reserved for households with
a gross household income less than or equal to 50% of median income;
and
(3)
Moderate-income rental units shall be reserved for households
with a gross household income less than 80% of median income.
(b)
The administrative agent shall certify a household as eligible
for a restricted rental unit when the household is a very-low-income
household, low-income household, or a moderate-income household, as
applicable to the unit, and the rent proposed for the unit does not
exceed 35% (40% for age-restricted units) of the household's eligible
monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may
be amended and supplemented; provided, however, that this limit may
be exceeded if one or more of the following circumstances exists:
(1)
The household currently pays more than 35% (40% for households
eligible for age-restricted units) of its gross household income for
rent, and the proposed rent will reduce its housing costs;
(2)
The household has consistently paid more than 35% (40% for households
eligible for age-restricted units) of eligible monthly income for
rent in the past and has proven its ability to pay;
(3)
The household is currently in substandard or overcrowded living
conditions;
(4)
The household documents the existence of assets with which the
household proposes to supplement the rent payments; or
(5)
The household documents reliable anticipated third-party assistance
from an outside source such as a family member in a form acceptable
to the administrative agent and the owner of the unit.
(c)
The applicant shall file documentation sufficient to establish
the existence of the circumstances enumerated in this subsection with
the administrative agent, who shall counsel the household on budgeting.
13.
Maximum Rents and Sales Prices:
(a)
In establishing rents and sales prices of affordable housing
units, the administrative agent shall follow the procedures set forth
in UHAC, utilizing the most recently published regional weighted average
of the uncapped Section 8 income limits published by HUD and the calculation
procedures set forth in the Consent Order entered on December 16,
2016, by the Honorable Douglas K. Wolfson, JSC, in In the Matter of
the Township of East Brunswick for a Judgment of Compliance of its
Third Round Housing Element and Fair Share Plan, Docket No.: MID-L-004013-15.
(b)
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted rental units
shall be affordable to households earning no more than 52% of median
income.
(c)
The developers and/or municipal sponsors of restricted rental
units shall establish at least one rent for each bedroom type for
both low-income and moderate-income units, provided that at least
13% of all low- and moderate-income rental units shall be affordable
to very-low-income households, earning 30% or less of the regional
median household income.
[Amended 8-16-2018 by Ord. No. 20-2018]
(d)
The maximum sales price of restricted ownership units within
each affordable development shall be affordable to households earning
no more than 70% of median income, and each affordable development
must achieve an affordability average of 55% for restricted ownership
units; in achieving this affordability average, moderate-income ownership
units must be available for at least three different sales prices
for each bedroom type, and low-income ownership units must be available
for at least two different sales prices for each bedroom type.
(e)
In determining the initial sales prices and rent levels for
compliance with the affordability average requirements for restricted
units other than assisted living facilities and age-restricted developments,
the following standards shall be used:
(1)
A studio shall be affordable to a one-person household;
(2)
A one-bedroom unit shall be affordable to a one-and-one-half-person
household;
(3)
A two-bedroom unit shall be affordable to a three-person household;
(4)
A three-bedroom unit shall be affordable to a four-and-one-half-person
household; and
(5)
A four-bedroom unit shall be affordable to a six-person household.
(f)
In determining the initial sales prices and rents for compliance
with the affordability average requirements for restricted units in
assisted living facilities and age-restricted developments, the following
standards shall be used:
(g)
The initial purchase price for all restricted ownership units
shall be calculated so that the monthly carrying cost of the unit,
including principal and interest (based on a mortgage loan equal to
95% of the purchase price and the Federal Reserve H.15 rate of interest),
taxes, homeowner and private mortgage insurance and condominium or
homeowner association fees do not exceed 28% of the eligible monthly
income of the appropriate size household as determined under N.J.A.C.
5:80-26.4, as may be amended and supplemented; provided, however,
that the price shall be subject to the affordability average requirement
of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(h)
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
size household, including an allowance for tenant-paid utilities,
as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented;
provided, however, that the rent shall be subject to the affordability
average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
(i)
The price of owner-occupied low- and moderate-income units may
increase annually based on the percentage increase in the regional
median income limit for each housing region. In no event shall the
maximum resale price established by the administrative agent be lower
than the last recorded purchase price.
(j)
The rent of low- and moderate-income units may be increased
annually based on the permitted percentage increase in the Housing
Consumer Price Index for the United States. This increase shall not
exceed 9% in any one year. Rents for units constructed pursuant to
low-income housing tax credit regulations shall be indexed pursuant
to the regulations governing low-income housing tax credits.
f.
Requirements for Affordable Housing. Developments that include affordable
housing units shall be subject to the following provisions:
1.
Low-income housing. Low-income housing shall be affordable, according
to Federal Department of Housing and Urban Development or other recognized
standards for home ownership and rental costs, and occupied or reserved
for occupancy by households with a gross household income equal to
50% or less of the median gross household income for households of
the same size within the housing region in which the housing is located,
and subject to affordability controls.
2.
Moderate-income housing. Moderate-income housing shall be affordable,
according to Federal Department of Housing and Urban Development or
other recognized standards for home ownership and rental costs, and
occupied or reserved for occupancy by households with a gross household
income equal to or more than 50% but less than 80% of the median gross
household income for households of the same size within the housing
region in which the housing is located, and subject to affordability
controls.
3.
In accordance with N.J.S.A. 52:27D-329.1 (P.L. 2008, C. 46) at least
13% of the affordable units provided within the Township shall be
reserved for very-low-income households, i.e., households earning
30% or less of the median income and of that amount at least 50% shall
be reserved for very-low-income families (i.e., non-age restricted
and not reserved for special needs populations). For developments
with eight or more affordable housing units on site, at least 13%
of all low- and moderate-income units shall be affordable to households
earning no more than 30% of median income. A minimum of 50% of these
units shall be reserved for very-low-income families. The very-low-income
housing requirements shall be counted as part of the low-income housing
requirement.
4.
Age restriction. The number of affordable housing units that are
age restricted to senior citizens shall not exceed 25% of the total
number of affordable housing units constructed within the Township,
as defined by and in accordance with the Federal Fair Housing Act
and as regulated by N.J.A.C. 5:92-14.[6] A request to age restrict housing units may only be granted
after the Planning Board or Board of Adjustment has received the consent
of the Township Council. In designing its project, the applicant may
propose constructing the senior citizen restricted affordable units
in the same building or buildings in order to maximize the potential
of preserving a more tranquil lifestyle for the senior citizen resident;
and to the foregoing extent, the requirement of integration of the
affordable units with conventional units is modified.
[6]
Editor's Note: N.J.A.C. 5:92 is reserved.
5.
Low/Moderate Split and Bedroom Distribution of Affordable Housing
Units:
(a)
The fair share obligation shall be divided equally between low-
and moderate-income units, except that where there is an odd number
of affordable housing units, the extra unit shall be a low-income
unit.
(b)
In each affordable development, at least 50% of the restricted
units within each bedroom distribution shall be low- and/or very-low-income
units.
(c)
Affordable developments that are not age-restricted shall be
structured in conjunction with realistic market demands such that:
(1)
The combined number of efficiency and one-bedroom units is no
greater than 20% of the total low- and moderate-income units;
(2)
At least 30% of all low- and moderate-income units are two-bedroom
units;
(3)
At least 20% of all low- and moderate-income units are three-bedroom
units; and
(4)
The remainder, if any, may be allocated among two- and three-bedroom
(or larger) units at the discretion of the developer.
(d)
Affordable developments that are age-restricted shall be structured
such that the number of bedrooms shall equal the number of age-restricted
low- and moderate-income units within the inclusionary development.
The standard may be met by having all one-bedroom units or by having
a two-bedroom unit for each efficiency unit.
6.
Location and design. Low- and moderate-income housing shall be designed
in accordance with the following provisions:
(a)
The very-low-, low-, and moderate-income housing units shall
have access to the same common open space and community facilities
as market-priced dwelling units.
(b)
The exterior design of the low- and moderate-income housing
units shall be harmonious in scale, texture, and materials with the
market-priced units on the tract.
(c)
Deed restrictions. Developers of housing units for low- and
moderate-income households shall enter into a written agreement, binding
on all successors-in-interest, in accordance with current COAH regulations
or Court requirements for Resale/Rental Control, at the time of sale,
resale, rental or re-rental regardless of the availability of federal,
state, county or Township subsidy programs.
(d)
In inclusionary developments, to the extent possible, low- and
moderate-income units shall be integrated with the market units. Rental
units may be separated from for-sale units in a development for financing,
ownership, and management reasons.
7.
Utilities.
(a)
Affordable units shall utilize the same type of heating source
as market units within an inclusionary development.
(b)
Tenant-paid utilities included in the utility allowance shall
be set forth in the lease and shall be consistent with the utility
allowance approved by the DCA for its Section 8 program.
8.
Accessibility Requirements.
(a)
The first floor of all restricted townhouse dwelling units and
all restricted units in all other multistory buildings shall be subject
to the technical design standards of the Barrier Free Subcode, N.J.A.C.
5:23-7,[7] and the following:
(1)
All restricted townhouse dwelling units and all restricted units
in other multistory buildings in which a restricted dwelling unit
is attached to at least one other dwelling unit shall have the following
features:
(i)
An adaptable toilet and bathing facility on the
first floor;
(ii)
An adaptable kitchen on the first floor;
(iii)
An interior accessible route of travel on the
first floor;
(iv)
An adaptable room that can be used as a bedroom,
with a door or the casing for the installation of a door, on the first
floor;
(v)
If not all of the foregoing requirements in this
Subsection can be satisfied, then an interior accessible route of
travel must be provided between stories within an individual unit,
but if all of the foregoing requirements in this subsection have been
satisfied, then an interior accessible route of travel shall not be
required between stories within an individual unit; and
(vi)
An accessible entranceway as set forth at P.L.
2005, c. 350 (N.J.S.A. 52:27D-311a, et seq.) and the Barrier Free
Subcode, N.J.A.C. 5:23-7,[8] or evidence that Aberdeen Township has collected funds
from the developer sufficient to make 10% of the adaptable entrances
in the development accessible:
[8]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
(vii)
Where a unit has been constructed with an adaptable
entrance, upon the request of a disabled person who is purchasing
or will reside in the dwelling unit, an accessible entrance shall
be installed.
(viii)
To this end, the builder of restricted units
shall deposit funds within the Aberdeen Township Affordable Housing
Trust Fund sufficient to install accessible entrances in 10% of the
affordable units that have been constructed with adaptable entrances.
(ix)
The funds deposited under the terms of this subsection
shall be used by Aberdeen Township for the sole purpose of making
the adaptable entrance of an affordable unit accessible when requested
to do so by a person with a disability who occupies or intends to
occupy the unit and requires an accessible entrance.
(x)
The developer of the restricted units shall submit
a design plan and cost estimate to the Aberdeen Township Construction
Official for the conversion of adaptable to accessible entrances.
(xi)
Once the Construction Official has determined
that the design plan to convert the unit entrances from adaptable
to accessible meet the requirements of the Barrier Free Subcode, N.J.A.C.
5:23-7,[9] and that the cost estimate of such conversion is reasonable,
payment shall be made to the Aberdeen Township Affordable Housing
Trust Fund.
[9]
Editor's Note: See now N.J.A.C. 5:23-3.14(b).
(2)
Full compliance with the foregoing provisions shall not be required
where an entity can demonstrate that it is "site impracticable" to
meet the requirements. Determinations of site impracticability shall
comply with the Barrier Free Subcode, N.J.A.C. 5:23-7.
[7]
Editor’s Note: See now N.J.A.C. 5:23-3.14(b).
g.
Alternative Living Arrangements.
2.
Affirmative marketing (N.J.A.C. 5:80-26.15); provided, however, that
the units or bedrooms may be affirmatively marketed by the provider
in accordance with an alternative plan approved by the Court;
3.
Affordability average and bedroom distribution (N.J.A.C. 5:80-26.3).
4.
With the exception of units established with capital funding through
a twenty-year operating contract with the Department of Human Services,
Division of Developmental Disabilities, alternative living arrangements
shall have at least thirty-year controls on affordability in accordance
with the UHAC, unless an alternative commitment is approved by the
Court.
5.
The service provider for the alternative living arrangement shall
act as the administrative agent for the purposes of administering
the affirmative marketing and affordability requirements for the alternative
living arrangement.
h.
Enforcement of Affordable Housing Regulations.
1.
Upon the occurrence of a breach of any of the regulations governing
the affordable unit by an owner, developer, or tenant, the municipality
shall have all remedies provided at law or equity, including but not
limited to foreclosure, tenant eviction, a requirement for household
recertification, acceleration of all sums due under a mortgage, recuperation
of any funds from a sale in violation of the regulations, injunctive
relief to prevent further violation of the regulations, entry on the
premises, and specific performance.
2.
After providing written notice of a violation to an owner, developer,
or tenant of a low- or moderate-income unit and advising the owner,
developer or tenant of the penalties for such violations, the municipality
may take the following action(s) against the owner, developer, or
tenant for any violation that remains uncured for a period of 60 days
after service of the written notice:
(a)
The municipality may file a court action pursuant to N.J.S.A.
2A:58-11 alleging a violation, or violations of the regulations governing
the affordable housing unit. If the owner, developer, or tenant is
adjudged by the Court to have violated any provision of the regulations
governing affordable housing units, the owner, developer, or tenant
shall be subject to one or more of the following penalties, at the
discretion of the Court:
(1)
A fine of not more than $500 per day or imprisonment for a period
not to exceed 90 days, or both, provided that each and every day that
the violation continues or exists shall be considered a separate and
specific violation of these provisions and not a continuation of the
initial offense;
(2)
In the case of an owner who has rented a low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment into the Aberdeen Township Affordable Housing Trust
Fund of the gross amount of rent illegally collected;
(3)
In the case of an owner who has rented a low- or moderate-income
unit in violation of the regulations governing affordable housing
units, payment of an innocent tenant's reasonable relocation costs,
as determined by the Court.
(b)
The municipality may file a court action in the Superior Court
seeking a judgment that would result in the termination of the owner's
equity or other interest in the unit, in the nature of a mortgage
foreclosure. Any such judgment shall be enforceable as if the same
were a judgment of default of the first purchase money mortgage and
shall constitute a lien against the low- or moderate-income unit.
(1)
The judgment shall be enforceable, at the option of the municipality,
by means of an execution sale by the Sheriff, at which time the low-
and moderate-income unit of the violating owner shall be sold at a
sale price which is not less than the amount necessary to fully satisfy
and pay off any first purchase money mortgage and prior liens and
the costs of the enforcement proceedings incurred by the municipality,
including attorney's fees. The violating owner shall have his right
to possession terminated as well as his title conveyed pursuant to
the Sheriff's sale.
(2)
The proceeds of the Sheriff's sale shall first be applied to
satisfy the first purchase money mortgage lien and any prior liens
upon the low- and moderate-income unit. The excess, if any, shall
be applied to reimburse the municipality for any and all costs and
expenses incurred in connection with either the court action resulting
in the judgment of violation or the Sheriff's sale. In the event that
the proceeds from the Sheriff's sale are insufficient to reimburse
the municipality in full as previously mentioned, the violating owner
shall be personally responsible for the full extent of such deficiency,
in addition to any and all costs incurred by the municipality in connection
with collecting such deficiency. In the event that a surplus remains
after satisfying all of the above, such surplus, if any, shall be
placed in escrow by the municipality for the owner and shall be held
in such escrow for a maximum period of two years or until such earlier
time as the owner shall make a claim with the municipality for such.
Failure of the owner to claim such balance within the two-year period
shall automatically result in a forfeiture of such balance to the
municipality. Any interest accrued or earned on such balance while
being held in escrow shall belong to and shall be paid to the municipality,
whether such balance shall be paid to the owner or forfeited to the
municipality.
(3)
Foreclosure by the municipality due to violation of the regulations
governing affordable housing units shall not extinguish the restrictions
of the regulations governing affordable housing units as the same
apply to the low- and moderate-income unit. Title shall be conveyed
to the purchaser at the Sheriff's sale, subject to the restrictions
and provisions of the regulations governing the affordable housing
unit. The owner determined to be in violation of the provisions of
this plan and from whom title and possession were taken by means of
the Sheriff's sale shall not be entitled to any right of redemption.
(4)
If there are no bidders at the Sheriff's sale, or if insufficient
amounts are bid to satisfy the first purchase money mortgage and any
prior liens, the municipality may acquire title to the low- and moderate-income
unit by satisfying the first purchase money mortgage and any prior
liens and crediting the violating owner with an amount equal to the
difference between the first purchase money mortgage and any prior
liens and costs of the enforcement proceedings, including legal fees
and the maximum resale price for which the low- and moderate-income
unit could have been sold under the terms of the regulations governing
affordable housing units. This excess shall be treated in the same
manner as the excess that would have been realized from an actual
sale, as previously described.
(5)
Failure of the low- and moderate-income unit to be either sold
at the Sheriff's sale or acquired by the municipality shall obligate
the owner to accept an offer to purchase from any qualified purchaser
which may be referred to the owner by the municipality, with such
offer to purchase being equal to the maximum resale price of the low-
and moderate-income unit as permitted by the regulations governing
affordable housing units.
(6)
The owner shall remain fully obligated, responsible and liable
for complying with the terms and restrictions of governing affordable
housing units until title is conveyed from the owner.
i.
Monitoring and Reporting Requirements.
1.
Starting on February 17, 2019, and on each anniversary until February
17, 2025, the Township shall provide annual reporting of trust fund
activity to the New Jersey Department of Community Affairs, Council
on Affordable Housing, or Local Government Services, or other entity
designated by the State of New Jersey, with a copy provided to the
Fair Share Housing Center and posted on the municipal website, using
forms developed for this purpose by the New Jersey Department of Community
Affairs, Council on Affordable Housing, or Local Government Services.
The reporting shall include an accounting of all housing trust fund
activity, including the source and amount of funds collected and the
amount and purpose for which any funds have been expended.
2.
Starting on February 17, 2019, and on each anniversary until February
17, 2025, the Township shall provide annual reporting of the status
of all affordable housing activity within the municipality through
posting on the municipal website with a copy of such posting provided
to the Fair Share Housing Center, using forms previously developed
for this purpose by the Council on Affordable Housing or any other
forms endorsed by the Special Master and the Fair Share Housing Center.
3.
For the midpoint realistic opportunity review due on July 1, 2020,
as required pursuant to N.J.S.A. 52:27D-313, the Township will post
on its municipal website, with a copy provided to Fair Share Housing
Center, a status report as to its implementation of its Plan and an
analysis of whether any unbuilt sites or unfulfilled mechanisms continue
to present a realistic opportunity and whether any unbuilt sites or
unfulfilled mechanisms continue to present a realistic opportunity
and whether any mechanisms to meet unmet need should be revised or
supplemented. Such posting shall invite any interested party to submit
comments to the municipality, with a copy to Fair Share Housing Center,
regarding whether any sites no longer present a realistic opportunity
and should be replaced and whether any mechanisms to meet unmet need
should be revised or supplemented. Any interested party may by motion
request a hearing before the Court regarding these issues.
4.
For the review of very-low-income housing requirements required by
N.J.S.A. 52:27D-329.1, within 30 days of February 17, 2020, and every
third year thereafter, the Township will post on its municipal website,
with a copy provided to Fair Share Housing Center, a status report
as to its satisfaction of its very-low-income requirements, including
the family very-low-income requirements. Such posting shall invite
any interested party to submit comments to the municipality and to
the Fair Share Housing Center on the issue of whether the municipality
has complied with its very-low-income housing obligation under the
terms of this settlement.
[Ord. No. 11-2002 § 5]
a.
Basis for Establishing Critical Areas. The Critical Areas Map accompanies
and is part of this section.[1] The Critical Areas Map generally shows the location of
100-year flood plains, freshwater wetlands and lands with a topographic
slope fifteen (15%) percent and greater within Aberdeen Township.
Although not identified on the Critical Areas Map, wetlands transition
areas where required by the New Jersey Department of Environmental
Protection (NJDEP) are considered "Critical Areas" for the purposes
of this section.
The mapped data is from the following sources and not from on-site
investigation:
1.
The 100-year flood plains were drafted from the Flood Insurance Rate
Maps prepared by the Federal Emergency Management Agency (Panels 3403
12 0002B and 3403 12 0001B, revised to August 3, 1992 and Panel 3403
12 0010A, dated March 18, 1985);
2.
The freshwater wetlands were drafted from information mapped by the
New Jersey Department of Environmental Protection from March 1986
infrared photographs.
3.
The topographic slopes fifteen (15%) percent and greater were drafted
from U.S. Geological Survey Slope Maps for the Keyport Quadrangle,
photo revised 1970 and photo inspected 1977, and South Amboy Quadrangle,
photo revised 1981.
Regarding the 100-year flood plains and freshwater wetlands
areas, it is recognized that more flood plain and wetland areas exist
in Aberdeen Township than those indicated on the Critical Areas Map.
Any mapping prepared by the New Jersey Department of Environmental
Protection of flood plain and wetland areas in Aberdeen Township shall
take precedence.
Additionally, while the information presented on the Critical
Areas Map is appropriate for general planning purposes, it is not
intended to take the place of specific on-site engineering investigation
and data presented to and subjected to independent verification by
the Township at the time applications are submitted for approval of
a subdivision, site plan, construction permit, variance, and/or any
other application which considers construction permits, and/or other
application which considers the "critical areas" categories of information
depicted on the map.
[1]
Editor's Note: The Critical Areas Map referred to herein is included as an attachment to this chapter.
b.
Purpose of Regulations for Flood Plain and Stream Corridor Areas.
The purpose of these regulations is:
1.
To protect flood plains and stream corridors so that flood water
may have a natural course to follow and so that the watercourse is
not constricted or altered in a manner that will increase water velocities
or create a dam.
2.
To allow water levels to rise without danger to persons, animals
or property and cover larger land surfaces for the purposes of greater
water percolation and recharge of the underground water supply.
3.
To promote the development of a parklike network throughout Aberdeen
Township along stream corridors.
4.
To permit only that development of flood prone areas and stream corridors
within Aberdeen Township which:
(a)
Is appropriate in light of the probability of flood damage and
the need to reduce flood losses;
(b)
Represents an acceptable social and economic use of the land
in relation to the hazards involved;
(c)
Does not increase the danger to human, plant or animal life;
and
(d)
Provides that no decreases in the amount of available storage
for flood waters within the flood plain results from any development.
5.
To prohibit any other types of development including, without limitation,
the dumping of solid or hazardous waste, the construction of subsurface
sewage disposal systems, the storage of any petroleum products, the
addition or removal of fill and the altering of watercourses, temporary
roadways and grading, and to retain areas adjacent to streams free
from structures and other obstructions.
6.
To protect property from the adverse effects of flooding, erosion,
loss of vegetation, seepage, and downstream deposits of silt, gravel
and stone, and to prevent burdensome costs to the public arising from
such damage and its repair.
7.
To protect other municipalities within the same watersheds from improper
stream corridor development and the increased potential for flooding
or for reduced stream flows in dry weather.
8.
To prevent disturbance to the ecological balance between wildlife,
plant and marine life, which are dependent upon watercourses, and
their protective flood plains and slopes.
9.
To maintain the quality of streams in the Township, and to the extent
any streams are impaired, improve their quality.
c.
Applicability and Interpretation of Flood Plain and Stream Corridor
Areas Regulations.
1.
This subsection regulates development in the following two (2) ways:
(a)
By protecting stream corridors, as defined in subsection 25-6.8d28
below, from the type and intensity of development which would be destructive
to their special environmental importance and harmful to the health
and general welfare and to properties downstream; and
(b)
By mitigating flood hazards within flood hazard areas pursuant
to the requirements of the National Flood Insurance Program. These
regulations are, in part, intended to satisfy federal requirements
in order to make flood insurance available within Aberdeen Township.
2.
Except in limited cases, the stream corridor requirements of subsection 25-6.8 do not permit structures within the stream corridor as defined in subsection 25-6.8d hereinbelow which, by that definition, includes flood hazard areas. The flood hazard mitigation requirements in subsection 25-6.8f apply only in those limited cases where structures or substantial improvements to structures are permitted.
d.
Definitions.
1.
Appeal shall mean a request for the review of the Township Engineer's
interpretation of any provision of this section or a request for a
variance from the Planning Board.
2.
Area of shallow flooding shall mean a designated AO or VO Zone on
the Flood Insurance Rate Map (FIRM). The base flood depths range from
one (1) to three (3) feet; a clearly defined channel does not exist;
the path of flooding is unpredictable and indeterminate; and, velocity
flow may be evident.
3.
Area of special flood hazard shall mean land in the flood plain within
the Township subject to a one (1%) percent or greater chance of flooding
in any given year.
4.
Base flood shall mean the flood having a one (1%) percent chance
of being equaled or exceeded in any given year.
5.
Basement shall mean the area of any building having its floor subgrade
(below ground level) on all sides.
6.
Breakaway wall shall mean 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.
7.
Channel shall mean the bed and banks of the watercourses located
within the boundaries of the Township of Aberdeen which convey the
normal flow of said watercourses most of the time.
8.
Delineated stream shall mean a stream that has a delineated floodway
officially adopted by the New Jersey Department of Environmental Protection
pursuant to N.J.A.C. 7:13.
9.
Design floor profile shall mean the elevations of the water surface
of the floodway design flood and the flood hazard area design flood.
10.
Development shall mean 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.
11.
Elevated building shall mean a non-basement building built to have
the top 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 adequately anchored so as not to impair the
structural integrity of the building during a flood of up to the magnitude
of the base flood. "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 flood waters.
12.
Flood elevation determination shall mean the determination of the
water surface elevations of the design flood, i.e., the flood level
that has a one (1%) percent or greater chance of occurrence in any
given year.
13.
Flood fringe area shall mean the portion of the flood hazard area
not designated as the floodway.
14.
Flood hazard area shall mean the floodway and the flood fringe area
of a delineated stream.
15.
Flood hazard area design flood shall mean the one hundred (100) year
storm in non-delineated areas and the one hundred (100) year storm
plus twenty-five (25%) percent in delineated areas.
16.
Flood Insurance Rate Map (FIRM) shall mean 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.
17.
Flood Insurance Study shall mean the official report provided in
which the Federal Insurance Administration has provided flood profiles,
as well as the Flood Boundary-Floodway Map and the water surface elevation
of the base flood.
19.
Flood plain shall mean the relatively flat area adjoining the channel
of a natural stream which has been or may be hereafter covered by
flood water.
20.
Flood Plain Management Regulations shall mean State or local regulations,
in any combination thereof, which provide standards for the purpose
of flood damage prevention and reduction.
21.
Flood proofing shall mean 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.
22.
Floodway shall mean the channel of a natural stream and portions
of the flood hazard area adjoining the channel which are reasonably
required to carry and discharge the flood water or flood flow of any
natural stream without accumulatively increasing the water surface
elevation any more than two-tenths (0.2) feet.
23.
Freeboard shall mean a factor of safety usually expressed in feet
above the base flood elevation. Freeboard tends to compensate for
the many unknown factors that could contribute to flood heights greater
than the base flood elevation.
24.
Historic structure shall mean any structure that is:
(a)
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;
(b)
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district preliminarily determined by the Secretary to qualify
as a registered historic district;
(c)
Individually listed on a State inventory of historic places
approved by the Secretary of the Interior; or
25.
Lowest floor shall mean the lowest floor of the lowest enclosed area,
including a 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 as to render the
structure in violation of other applicable non-elevation design requirements.
26.
Manufactured home shall mean a structure, transportable in one (1)
or more sections which is built on a permanent chassis and is designed
for use with or without a permanent foundation when connected to the
required facilities. For the purposes of flood plain management the
term "manufactured home" includes park trailers, travel trailers,
and other similar vehicles placed on a site for greater than one hundred
eighty (180) consecutive days. For insurance purposes, the term "manufactured
home" does not include park trailers, travel trailers or other similar
recreation vehicles.
27.
Manufactured home park or manufactured home subdivisions shall mean
a parcel (or contiguous parcels) of land divided into two (2) or more
manufactured home lots for rent or sale.
29.
Recreational vehicle shall mean a vehicle which is built on a single
chassis; four hundred (400) square feet or less when measured at the
largest 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.
30.
Start of Construction shall mean and include substantial improvement
and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition,
placement, or other improvement commenced within one hundred eighty
(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,
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.
31.
Steep slopes shall mean topographic slopes fifteen (15%) percent
or greater.
32.
Stream shall mean a watercourse having a drainage area of over fifty
(50) acres.
33.
Stream corridor shall mean and include the area within the floodway,
flood plain, flood hazard area and buffer strips one hundred (100)
feet from the top of the channel banks of the main tributaries of
the rivers and streams for stream corridor preservation. If the flood
plain or flood hazard area extends for more than one hundred (100)
feet from the top of the channel bank, said larger area shall be the
stream corridor.
34.
Structure shall mean for flood plain management purposes, a walled
or roofed building, a manufactured home, including without limitation,
gas or liquid storage tanks, that is principally above ground. For
insurance purposes, "structure" means a walled and roofed building,
other than a gas or liquid storage tank, that is principally above
ground and affixed to a permanent site. For the latter purpose, the
term includes a building while in the course of construction, alteration
or repair but does not include building materials or supplies intended
for use in such construction, alteration or repair, unless such material
or supplies are within an enclosed building on the premises.
35.
Substantial Damage shall mean damage of any origin sustained by a
structure whereby the cost of restoring the structure to its before-damaged
condition would equal or exceed fifty (50%) percent of the market
value of the structure before the damage occurred.
36.
Substantial Improvement shall mean any repair, reconstruction or
improvement of a structure, the cost of which equals or exceeds fifty
(50%) percent of the assessed value of the structure on an equalized
basis either:
(a)
As determined before the improvement or repair is started; or
(b)
As determined before the damage occurred, if the structure has
been damaged and is being restored. For the purpose of this definition,
"substantial improvement" is considered to occur when the first alteration
of any wall, floor or other structural part of the floor commences,
whether or not that alteration affects the external dimensions of
the structure. The term does not, however, include either:
(1)
Any project or improvement of a structure to comply with existing
State or local health, sanitary or safety code specifications which
is solely necessary to assure safe living conditions; or
(2)
Any alteration of a structure listed on the National Register
of Historic Places or the State Register of Historic Places.
37.
Variance shall mean a grant of relief by the Planning Board from
the requirements of this subsection permitting construction in a manner
otherwise prohibited by this subsection because the literal enforcement
would result in unnecessary hardship.
e.
Site Plan Review for Development Within a Flood Plain or Stream Corridor
Area.
1.
All proposals for any development within a flood plain or stream corridor area shall require site plan approval by the Planning Board in accordance with Section 25-8 of this chapter; provided, however, that when a plan does not include the construction of permanent buildings or structures but, instead, includes such work as grading, landscaping, work associated with agricultural uses and similar uses, and where, upon the recommendation of the Township Engineer, the proposed work is of such a minor nature that Planning Board review is not required, the need for site plan approval by the Planning Board may be waived by the Board. In any case all other requirements of this section shall apply and before the work actually begins, the Township Engineer shall have issued, in writing, his/her approval to proceed with the work.
2.
When a proposal for development within a flood plain or stream corridor
is made to the Township, initially the Township Engineer shall review
the proposal to:
(a)
Determine that the requirements of this section have been satisfied;
(b)
Determine that all necessary approvals have been obtained from
those Federal, State or other local governmental agencies from which
prior approval is required;
(c)
Determine if the proposed development is located in the floodway,
and, if so, assure that the encroachment provisions pertaining to
floodways are met; and
(d)
Determine whether any plans for walls to be used to enclose
space below the base flood level comply with applicable requirements.
After the review is completed, the Township Engineer shall inform
the Planning Board of his/her findings.
3.
Fees shall be provided for site plans in subsection 25-9.1 of this chapter and public notice of public hearings shall be given as stipulated for site plans in subsection 25-7.6d of this chapter.
In addition to the applicable information required for preliminary site plan approval stipulated in subsection 25-8.4 of this chapter, the following additional information shall be provided:
(a)
Proposed finished grade elevations at the corners of any structure
or structures.
(b)
Elevation in relation to mean sea level, of the lowest floor
(including basement) of all structures, existing and proposed.
(c)
Elevation in relation to mean sea level to which any structure,
existing or proposed, has been or will be floodproofed.
(d)
Certification by a registered professional engineer or architect
that the floodproofing methods for any nonresidential structure meet
the floodproofing criteria established by this section.
(e)
Description of the extent to which any watercourse will be altered
or relocated as a result of the proposed development. Where alteration
or relocation of a watercourse is proposed, notification of the proposed
alteration or relocation must be provided to adjacent municipalities
and proof of such notification submitted to the Federal Insurance
Administration.
(f)
The extent of proposed or previous filling, cutting or regrading
of the land, if any.
(g)
The location, type and size of all existing and proposed erosion
and siltation control measures, such as slope protection soil stabilization,
sedimentation basins, sediment trap headwalls and aprons.
(h)
Proof of stream encroachment lines (floodway) obtained from
the New Jersey Department of Environmental Protection. Where stream
encroachment lines have not been established by the New Jersey Department
of Environmental Protection, the following rules shall be utilized
to determine the floodway delineation:
(1)
Concerning hydrology, methods that are acceptable are those
outlined in "Technical Manual For Stream Encroachment" August, 1984,
Section 3.1 published by the State of New Jersey, Division of Coastal
Resources, Bureau of Flood Plain Management, as amended.
(2)
Concerning hydraulics:
(i)
Water surface profiles shall be computed using
the Step-Backwater method of analysis;
(ii)
Computations shall begin at a suitable control
point at least five hundred (500) feet downstream from a project;
(iii)
Normal depth computed using Manning equation
may be used as the starting elevation if the channel is of uniform
cross section and slope, and it can be demonstrated that flow is not
affected by backwater caused by downstream obstructions;
(iv)
Water surface profiles shall be computed based
upon existing topography, proposed structures, and changes of topography
proposed by the applicant; and
(v)
Encroachment lines shall be set at or outside the
floodway.
4.
The applicant should be prepared to present evidence that the proposal:
(a)
Has an inherently low flood damage potential.
(b)
Either acting alone or in combination with the existing or future
uses will not obstruct flood flows or increase flood heights and/or
velocities or reduce ground absorption or storage volume of stormwater.
(c)
Does not affect adversely the water carrying or storage capacity
of the channel, floodway or flood fringe areas.
(d)
Does not increase local run-off and erosion and provides proper
drainage of the area to an existing adequate watercourse or drainage
system.
(e)
Does not unduly stress or degrade the natural environment of
the flood plain or degrade the quality of surface water or the quality
or quantity of ground waters.
(f)
Does not require channel modification or relocation.
(g)
Is set forth in this Ordinance as a permitted use.
(h)
Is not a prohibited use in that portion of the floodway, flood
plain or stream corridor where proposed to be located.
(i)
Cannot be located totally outside the stream corridor area.
5.
Where required by the Planning Board, the applicant shall furnish
information relating to subsurface conditions based on percolation
tests and soil borings or probes. Test borings or probes shall be
performed by a licensed professional engineer and shall be in accordance
with acceptable engineering standards and practices. Written notification
of intention to conduct such tests shall be forwarded to and received
by the Township Engineer at least two (2) working days prior to testing.
A detailed report of the test shall be submitted to the Planning Board
and the Township Engineer for review.
6.
When base flood elevation data has not been provided by the Township,
its agents, servants and employees shall obtain, review and reasonably
utilize any base flood elevation and floodway data available from
a Federal, State or other source to administer this section.
f.
Uses in Floodways, Flood Fringe and Stream Corridor Areas.
1.
Prohibited Uses. No person shall hereafter engage in, cause or permit
other persons to engage in prohibited uses in the floodway, flood
fringe, flood plain and stream corridor areas. All uses not specifically
permitted by subsections 25-6.8f2 and 3 hereinbelow shall be prohibited.
2.
Permitted Uses in Floodways. The following uses shall be permitted in floodways provided the requirements of subsection 25-6.8f2(e) and subsection 25-6.8g of this chapter are satisfied:
(a)
Channel improvements or changes may be permitted only in connection
with stream improvements and stabilization, which improvements or
changes have the approval of the New Jersey Department Of Environmental
Protection, the Monmouth County Planning Board and the Aberdeen Township
Planning Board.
(b)
Soil husbandry and farming, provided with the advice and assistance
of Rutgers Cooperative Extension, that conservation practices as designed
and approved by the New Jersey Department of Agriculture, the State
Agriculture Development Committee, and the United States Department
of Agriculture Natural Resources Conservation Service are implemented.
(c)
Recreational uses in the nature of parks, wildlife preserves,
unpaved trails, undeveloped common open space, and boat landings,
provided a maintenance program to promote stabilization of stream
banks is established.
(d)
Installation, repairs or replacement of sanitary sewers and
appurtenances, and other utility lines and appurtenances.
(e)
Culverts, bridges, road or driveway crossings where no other
locations are feasible.
(f)
No encroachments, including fill, new construction, substantial
improvements, or other development shall be permitted unless a technical
evaluation demonstrates that encroachment shall not result in any
increase in flood lands during the occurrence of a flood having a
one (1%) percent chance of being equaled or exceeded in any given
year. Any proposed use involving the removal of trees shall be undertaken
in accordance with the approval of the Aberdeen Township Planning
Board and New Jersey Department of Environmental Protection. Material,
equipment or vehicles related to and used in conjunction with a permitted
use shall not be parked or stored in the floodway area.
(g)
Stormwater management facilities.
3.
Permitted Uses in the Stream Corridor Areas. Stream corridors shall
remain in their natural state, with no clearing or cutting of trees
and brush (except for removal of dead vegetation and pruning for reasons
of public safety), altering of watercourses, regrading or construction,
except for the following activities outside the floodway:
(a)
Soil husbandry and farming, provided, with the advice and assistance
of Rutgers Cooperative Extension, that conservation practices as designed
and approved by the New Jersey Department of Agriculture, the State
Agriculture Development Committee, and the United States Department
of Agriculture Natural Resources Conservation Service are implemented.
(b)
Recreational uses in the nature of parks, wildlife preserves,
unpaved trails, undeveloped common open space, and picnic areas, provided
a maintenance program to promote stabilization of stream banks is
established.
(c)
Rebuilding existing structures provided the requirements of subsection 25-6.8g hereinbelow are met.
(d)
Additions to preexisting structures not to exceed twenty-five
(25%) percent of the gross floor area of the structure preexisting
the adoption of this Ordinance.
(e)
Farm fences allowing free passage of floodwaters and debris.
(f)
Installation, repairs or replacement of sanitary sewers and
appurtenances and other utility lines and appurtenances.
(g)
Stormwater management facilities.
(h)
Culverts, bridges, road or driveway crossings where no other
locations are feasible.
g.
Conditions of Approval. The Planning Board may impose such conditions
on permitted uses as it deems appropriate in order to promote the
public safety, health and welfare to protect public and private property,
wildlife and fisheries and to preserve and enhance the natural environment
of the stream corridor. No Certificate of Occupancy shall be issued
unless all conditions of approval have been complied with.
In all flood hazard areas, the following conditions are specified
in any case:
1.
All new construction and substantial improvements shall be constructed
with materials and utility equipment resistant to flood damage.
2.
All new construction and substantial improvements shall be constructed
by methods and practices that minimize flood damage.
3.
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the system.
4.
All new and replacement sanitary sewerage systems shall be designed
to minimize or eliminate infiltration of flood waters into the system
and discharged from the system into the flood waters.
5.
On-site waste disposal systems shall be located to avoid impairment
to them or contamination from them during flooding.
6.
All new construction and substantial improvements shall be anchored
to prevent flotation, collapse or lateral movement of the structure.
7.
All manufactured homes shall be anchored to resist flotation, collapse
or lateral movement. Methods of anchoring may include, but are not
limited to, the 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.
8.
All subdivision proposals shall be consistent with the need to minimize
flood damage.
9.
All subdivision proposals shall have public utilities and facilities
such as sewer, gas, electrical and water systems located and constructed
to minimize flood damage.
10.
All new construction shall have electrical, heating, ventilation,
plumbing and air-conditioning equipment and other service facilities
designed and/or located as to prevent water from entering or accumulating
within the components during conditions of flooding.
11.
All subdivision proposals shall have adequate drainage provided to
reduce exposure to flood damage.
12.
Appropriate and adequate controls on operations, sureties, deed restrictions
and maintenance bonds shall be provided.
13.
The construction of stormwater detention and/or retention facilities,
channel modifications, dikes, levees and other protective measures
shall be required.
14.
The installation of an adequate flood warning system shall be required.
15.
The postponement of development until such a time as any necessary
and required preconstruction protective measures are installed or
implemented shall be required.
16.
New construction or substantial improvement of any residential structure
shall have the lowest habitable floor, including a cellar or basement,
elevated to one (1) foot above the flood hazard area design flood
elevation (a one [1] foot freeboard) and a limit of disturbance shall
be established a minimum of ten (10) feet from the stream corridor.
17.
All new construction and substantial improvements with fully enclosed
areas below the lowest floor that are subject to flooding shall be
designed to automatically equalize hydrostatic flood forces on exterior
walls, by allowing for the entry and exit of floodwater. Designs for
meeting this requirement must either be certified by a registered
professional engineer or architect and must meet or exceed the following
minimum criteria: a minimum of two (2) openings having a total net
area of not less than one (1) 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 (1) foot above grade. Openings
may be equipped with screens, louvers, or other coverings or devices
provided that they permit the unimpeded gravity flow entry and exit
of floodwater.
18.
New construction or substantial improvement of any commercial, industrial
or other nonresidential structure shall either have the lowest floor,
including a cellar or basement, elevated to one (1) foot above the
design flood elevation (a one [1] foot freeboard) or, together with
the attendant utility and sanitary facilities, be floodproofed so
that below the design flood level the structure is watertight with
walls substantially impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy. A licensed professional engineer or
architect shall certify that the standards and methods of construction
of this section are satisfied. Such certification shall be provided
to the Planning Board. Any or all of the following floodproofing measures
may be required:
(a)
Installation of watertight doors, bulkheads and shutters, or
similar devices.
(b)
Reinforced walls to resist water pressure.
(c)
Use of paints, membranes or mortars to reduce seepage of water
through walls.
(d)
Addition of weights to structures to resist flotation.
(e)
Installation of pumps to lower water levels of structures.
(f)
Pumping facilities or comparable measures for the subsurface
drainage systems of the building to relieve external foundation walls
and basement flood pressures. Over the sidewalk and under the sidewalk
gravity or sump pump drains are not permitted. All such drains shall
outlet into an existing adequate watercourse or drainage system.
(g)
Construction that resists rupture or collapse caused by water
pressure or floating debris.
(h)
Installation of valves or controls on sanitary and storm drains
which will permit the drains to be closed to prevent backup of sewage
or stormwaters into the structure; gravity drainage of basements may
be eliminated by mechanical devices.
(i)
Location of all electrical equipment, circuits and installed
electrical appliances in a manner which will assure that they are
not subject to inundation and flooding.
(j)
Annual inspection and recertification of all nonresidential
structures which have been floodproofed to assure that floodproofed
structures and attendant facilities have been properly maintained.
19.
Where and when permitted, fill shall be no lower than one (1) foot
above the flood hazard area design flood elevation and shall extend
at such height for a distance of at least fifteen (15) feet beyond
the limits of any structure erected thereon.
20.
Where and when permitted, structures on fill shall be so built that
the lowest floor is at a minimum of one (1) foot above the flood hazard
design elevation.
21.
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 finished floor elevation of the lowest floor is at or
above the base flood elevation.
22.
All necessary permits have been obtained from those Federal, State
or local governmental agencies from which prior approval is required.
23.
Adequate maintenance shall be provided within any altered or relocated
portion of a watercourse so that the flood carrying capacity is not
diminished.
24.
Where the lands proposed for development include a portion of the
stream corridor, a condition of any major subdivision or major site
plan approval shall be the revegetation of any portions of the required
stream corridor which were disturbed by prior land uses, such as agriculture,
and any necessary disturbance permitted in subsection 25-6.8f3 of
this section. The vegetation plan shall utilize native trees and plant
species, subject to the review and approval of the Township Engineer.
h.
Variances From Conditions. Variances from the conditions of this
subsection may only be issued by the Aberdeen Township Planning Board
in conformance with the following provisions:
1.
For the reconstruction, rehabilitation or restoration of structures
listed on the National Register of Historic Places or the State Register
of Historic Places.
2.
Variances shall not be issued within any designated floodway, flood
fringe area or stream corridor if an increase in flood levels during
the design flood would occur.
3.
Variances may only be issued upon a determination that the variance
is the minimum necessary to afford relief considering the flood hazards.
4.
Variances may only be issued upon a determination that failure to
grant the variance would result in exceptional hardship to the applicant
and a determination that the granting of the variance will not result
in increased flood heights, additional threats to public safety, extraordinary
public expense, create nuisances, cause fraud on or victimization
of the public or conflict with existing local laws or ordinances.
i.
Flood Insurance. Flood insurance in accordance with the Federal Insurance
Agency shall be required for all developments in the flood plain.
j.
Warning and Disclaimer. The degree of flood protection required herein
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 flood hazard
areas will be free from flooding or flood damage. This section shall
not create liability on the part of the Township of Aberdeen or by
any other officer or employee thereof for any flood damages that result
from reliance on this section or any administrative decision lawfully
made thereunder.
k.
Flood Hazard Area Searches.
1.
Official Designated to Make Flood Hazard Searches. The Township Council
shall, annually, designate an official of the Township to make and
prepare flood hazard area searches. Such official shall thereafter
be vested with the power to make certificates with respect to flood
hazard areas on behalf of the Township.
2.
Issuance of Certificates. The official appointed to make such searches
shall issue certificates within a reasonable time after receipt of
the following:
3.
Fees for Certificates. The following fees shall be received prior
to the issuance of any certificate:
(a)
Where the property described in the application is shown on
the tax map as consisting of five (5) acres or less, a fee of five
($5) dollars.
(b)
Where the property described in the application is shown on
the tax map as consisting of more than five (5) acres but less than
twenty (20) acres, a fee of ten ($10) dollars.
(c)
Where the property described in the application is shown on
the tax map as consisting of twenty (20) acres or more, a fee of twenty
($20) dollars.
l.
Steep Slopes.
1.
The purpose of designating steep slopes as critical areas is to prevent
soil erosion and stormwater runoff resulting from development of such
steep slope lands. Development throughout the Township shall occur
only on the portion of a lot or tract outside the steep slope area.
2.
The applicant may seek variance relief under N.J.S.A. 40:55D-70c
for disturbance of steep slopes, provided that the applicant also
shall address the performance standards in subsection 25-6.8l.3 hereinbelow
to the satisfaction of the Board.
3.
Performance Standards. The Board, in considering a variance to allow
the disturbance of steep slopes, shall be guided by, but not limited
to, the following:
(b)
The developer shall demonstrate that the proposed development
has utilized the noncritical areas of the tract as reasonably practicable
and has attempted to minimize the disturbance of the critical steep
slope areas by limiting development to either isolated area(s) of
steep slopes and/or those slopes with less of a steep grade prior
to the disturbance of more environmentally sensitive critical areas.
(c)
Appropriate revegetation and landscaping of the disturbed steep
slope areas shall be provided to adequately stabilize the slopes and
enhance the attractiveness of the site, if necessary, and shall be
in accordance with accepted soil conservation and stormwater management
techniques as promulgated by the Soil Conservation District and the
Township Engineer.
(d)
The proposed disturbance of the steep slope area should minimize
the impairment of the visual quality of the site. Moreover, the higher
elevations which present visual amenities should be protected, where
possible.
(e)
The environmental impacts shall be satisfactorily controlled
by the development proposal in a manner acceptable to the Township
Engineer so that soil erosion, excess stormwater, run-off, degradation
of water quality, concentration of stormwater and water flow, and
flooding do not occur.
(f)
The developer also shall demonstrate that:
(1)
Unless an EIS is otherwise required, endangered or threatened
plants and wildlife shall not be harmed;
(2)
The geologic disturbance, including blasting, cutting or excavating,
resulting from the development of any "critical" steep slope area
shall be satisfactorily mitigated; and
(3)
The cost of providing and maintaining public facilities and
services to those areas where critical steep slopes may be disturbed
shall not be substantially increased as a result of such disturbance.
m.
Wetlands. The purpose of designating wetlands and wetland transition
areas as critical areas is to assure that density calculations for
various types of planned developments result in a unit construction
that can be accommodated on the subject lands without encroaching
upon the wetlands. The designation of wetlands and wetland transition
areas as a critical land factor is to signal the location of environmentally
fragile lands which should be incorporated in open space plans or
located within a portion of a lot which need not be physically developed.
Further, Aberdeen Township embraces the policy of the State of New
Jersey as established by the Freshwater Wetlands Protection Act, N.J.S.A.
13:9B-1 et seq., that freshwater wetlands are a finite and valuable
resource and that activities in or affecting wetlands should not destroy
the natural wetland functions important to the public safety and general
welfare. Any disturbance of wetlands and wetland transition areas
is subject to the approval of the New Jersey Department of Environmental
Protection.
[Ord. No. 8-2003 § 7; Ord. No. 13-2003 § 7; Ord. No. 6-2004 §§ 6, 7,
8; Ord. No. 16-2005 §§ 1—8; Ord. No. 8-2014]
a.
Purpose, Effect, and Redevelopment.
1.
The purpose of the Freneau Redevelopment Plan (the "Redevelopment
Plan") is to provide for the development of up to two hundred fifty
(250) market-rate, for-sale non-age restricted residential townhouse
units in two or more residential development clusters (each a "residential
townhouse cluster development") on approximately 56.5 acres of land
consisting of Block 151 — Lots 1, 2, 3 & 4 and Block 149
— Lot 1; as shown on the Tax Maps of Aberdeen Township (the
"Freneau Redevelopment Area"). More specifically, the Redevelopment
Plan provides for family housing in Aberdeen Township while at the
same time preserving open space and conservation areas for future
generations.
2.
The Freneau Redevelopment Area has been the subject of litigation between the current owner and the Township of Aberdeen (the "Township"). The Township has entered into a Settlement Agreement (the "Settlement Agreement") with the current owner to settle this ongoing litigation. The Settlement Agreement has been memorialized by a Final Judgment on Consent Entered on the Basis of Settlement Agreement by the Honorable Lawrence M. Lawson; A.J.S.C. dated December 23, 2013. The Redeveloper has entered into a contract with Raritan Baykeeper, Inc. d/b/a NY/NJ Baykeeper, a New Jersey non-for profit corporation ("Baykeeper") for the sale of the property that comprises the Redevelopment Area to the Baykeeper (the "Baykeeper Contract"). In accordance with the Settlement Agreement, this Redevelopment Plan, including all zoning, bulk, and design standards and other development regulations for the Freneau Redevelopment Area set forth below in this subsection 25-6.9, shall automatically become effective, without the need for any further action by the Township, upon expiration and termination by Redeveloper of the Baykeeper Contract without the Baykeeper acquiring the Property.
3.
Redeveloper Agreement. If the Freneau Redevelopment Area is to be
developed with up to 250 market rate for sale townhome units as provided
for in this Redevelopment Plan, such development must be undertaken
by a redeveloper (the "Redeveloper") designated by the Township pursuant
to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et
seq. ("LRHL") in accordance with an agreement to govern development
in the Redevelopment Area to be approved by the Township Council pursuant
to N.J.S.A. 40A:12A-8(f) ("Redeveloper Agreement"). Pursuant to the
Settlement Agreement, the current owner or its designee shall be the
Redeveloper. Development in the Freneau Redevelopment Area is contemplated
to consist of two interrelated residential townhouse cluster developments
with a total of two hundred fifty (250) market-rate, for sale non-age
restricted residential townhouse units.
b.
Principal Permitted Uses in the Freneau Redevelopment Area. If the zoning, bulk, and design standards and other development regulations for the Freneau Redevelopment Area set forth below in this subsection 25-6.9 have become effective in accordance with subsection 25-6.9a2 (above) and upon approval and execution by the Township Council of the Redeveloper Agreement in accordance with subsection 25-6.9a3 (above), then the following principal uses will be permitted in the Freneau Redevelopment Area:
1.
Non age-restricted townhouse dwelling units, not to exceed a total
of 250 non-age restricted, market-rate for sale townhouse dwelling
units within the entirety of the Freneau Redevelopment Area;
2.
Elevated water storage tanks;
4.
Public parks, conservation areas, open space, common space and public
purpose uses.
c.
Accessory Uses Permitted in the Freneau Redevelopment Area.
1.
Common recreational facilities, recreation centers, pools, playfields
and courts, clubhouses, and other similar facilities within specified
open space areas.
2.
Landscaping features including benches, trellises, gazebos and other
such features customarily associated with the permitted principal
uses, as the case may be.
3.
Underground sprinkler systems within specified open space areas and
within individual lots.
4.
Fences and walls if standard for the type of development, location,
and region.
5.
Subject to the requirements of subsection 25-6.9p5(a) below, Patios and decks in the side or rear yard areas of townhouse dwelling units.
6.
Off-street parking and private garages.
7.
Signs.
8.
Sheds and other accessory structures not specifically identified
above are strictly prohibited.
9.
Satellite dishes and other uses that would typically be found affixed
to the residential building will be subject to the discretion of the
Homeowners Association.
d.
Maximum Building Height.
1.
No building containing townhouse dwelling units shall exceed forty-eight
(48) feet in height, except that chimneys shall have no height restrictions.
Furthermore, no townhouse dwelling unit shall exceed three (3) stories
in height. Moreover, where applicable, the height of a building shall
be measured on the side facing an internal courtyard and/or on the
front side of a townhouse dwelling unit. Additionally, walk-out basements
are not to be calculated into the overall height of a building.
2.
No recreation center building or clubhouse building shall exceed
thirty-eight (38) feet in height and two and one-half (2 1/2)
stories, except that chimneys shall have no height restrictions, and
no other accessory building, as may be approved by the Planning Board,
shall exceed fifteen (15) feet in height and one and one-half (1 1/2)
stories.
e.
Yard and Distance Requirements for Townhouse Buildings. Minimum distances
between townhouse buildings (i.e., buildings containing one or more
townhouse units) ("Townhouse Buildings") shall be measured horizontally
in feet and shall be measured away from the front, side and rear of
each building. The total minimum separation between the buildings
shall be the sum of the two (2) abutting distances, and each building
shall have one (1) front, one (1) rear and two (2) side yards:
1.
The minimum distances shall be twenty (20) feet for the front of
a building; ten (10) feet for the side of a building; and twenty (20)
feet for the rear of a building;
2.
No portion of any building shall be closer to any portion of any
other building than the combined distances of the abutting requirements
for each building, providing that the corner of a building off-set
more than a fifteen (15) degree angle from a line drawn parallel to
another building shall be considered a side of the building and the
building separation requirement shall be twenty (20) feet for townhouses;
and
3.
In any case, and notwithstanding the distances specified hereinabove,
no building or structure (not including the proposed water tower,
pump station and public utilities) shall be located closer than forty
(40) feet to the right-of-way line of any existing public street or
any tract boundary line with privately owned property, no closer than
fifty (15) feet to any tract boundary line with municipally owned
property, no closer than twenty (20) feet to the right-of-way line
of any public or private internal street, and no closer than ten (10)
feet to any off-street parking area.
4.
The maximum building length is no greater than one hundred fifty
(150) feet in length along any building façade.
f.
Requirements for Townhouse Buildings.
1.
All Townhouse Buildings shall have a dual pitched, single ridge roof
(such as gable, hip, gambrel or mansard roof) with a minimum pitch
of one (1) foot vertical to six (6) feet horizontal, and no flat roof
shall be permitted; provided, however, that where roof mounted equipment
is necessary and/or preferable for the operation of the building,
a façade roof treatment exhibiting the appearance of such a
dual pitched, single ridge roof is permitted.
2.
The entirety of all portions of all buildings shall be provided both
heat alarms and smoke alarms and, except for outside balconies and
attics, all interior areas of all such buildings shall have a "wet"
fire suppression sprinkler system.
g.
Off-Street Parking Private Garages and Driveways. Notwithstanding
any other ordinance provisions to the contrary, each individual use
shall be provided off-street parking spaces according to the following
minimum provisions:
1.
Townhouses shall be provided 1.8 off-street spaces for each 1-bedroom
unit, 2.3 spaces for each 2-bedroom unit, and 2.4 spaces for each
3-bedroom townhouse unit. Where the bedroom count per dwelling unit
is not specified, 2.3 spaces per unit shall be provided.
2.
For townhouses, each garage space shall be counted as 1.0 off-street
parking space, regardless of the length of the driveway. Internal
roadways will be a minimum of thirty (30) feet in width to provide
for on-site parking.
(a)
A one-car garage and driveway combination shall count as two
(2) off-street parking spaces for the subject unit, provided that
the driveway measures a minimum of twenty (20) feet in length between
the face of the garage door and the right-of-way or between the face
of the garage door and a sidewalk, whichever distance is less.
(b)
A two-car garage and driveway combination shall count as 3.5
off-street parking space for the subject unit, provided a minimum
parking width of twenty (20) feet is provided for a minimum length
of twenty (20) feet as specified for a one-car garage and driveway
combination (above).
3.
Any recreation center or clubhouse shall be provided a minimum of
0.132 off-street parking spaces per dwelling unit.
h.
Trash and Recycling Requirements for Townhouse Uses. It is encouraged
that curb-side trash and recycling be provided, should curb-side pick-up
not be available, an indoor or outdoor recycling area for the collection
and storage of residentially-generated trash and recyclable materials
shall be provided as follows:
1.
A suitable location within the building shall be provided to accommodate
trash and recycling;
2.
If located outside the building, the trash and recyclable containers
for each unit shall be stored in an area finished with materials used
to construct the building(s) being served, and located in a manner
to be obscured from view from parking areas, streets and adjacent
residential uses or zoning districts by a fence, wall, planting, or
combination of all three. The storage area associated with the buildings
shall be attached to the building and shall observe all relevant area
and bulk standards.
3.
The dimension of any area provided for the collection and pickup
of recyclable materials shall be consistent with the district recycling
plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A.
13:1E-99.13), as amended.
4.
The area provided for the collection and pickup of recyclable materials
shall be well-lit and shall be safely and easily accessible by recycling
personnel and vehicles. Collection vehicles shall be able to access
the recycling area without interference from parked cars or other
obstacles.
5.
The area provided for the collection and pickup of recyclable materials,
and the bins or containers placed therein, shall be designed so as
to provide protection against adverse environmental conditions which
might render the collected materials unmarketable. Any bins or containers
which are used for the collection of recyclable paper or cardboard,
and which are located in an outdoor recycling area, shall be equipped
with a lid, or otherwise covered so as to keep the paper or cardboard
dry.
6.
Signs clearly identifying the area provided for the collection and
pickup of recyclable materials shall be posted adjacent to all points
of access to the recycling area. Individual bins or containers shall
be equipped with signs indicating the materials to be placed therein.
i.
Permitted Signage.
1.
One (1) ground mounted freestanding sign no larger than forty-eight
(48) square feet per face and up to a 60 degree angle between sign
faces shall be permitted at the entrance to each portion of the residential
townhouse cluster development from an existing public street. For
example if the Redeveloper undertakes to develop the Redevelopment
Area, as currently contemplated, with two (2) interrelated residential
townhouse cluster developments, the Redeveloper will then be permitted
to place one (1) ground mounted freestanding sign no larger than forty-eight
(48) square feet at each entrance to the two (2) residential townhouse
cluster developments from an existing public street.
(a)
In addition to the maximum sign size of forty-eight (48) square
feet, the sign may include supporting framework, including columns,
pillars and walls, provided that the supporting framework is incidental
to the display itself, is compatible with the architectural design
of the development.
(b)
In any case, each sign and any supporting framework or bracing
shall not exceed eight (8) feet in height and shall be set back at
least twenty (20) feet from all property and street lines.
(c)
Any sign illumination shall be external to the sign and shall
be designed and oriented to prevent any sight of the lamp from any
street or neighboring properties.
2.
Additional signage within the interior of the site may be approved
by the Planning Board for directional purposes as part of the site
plan approval.
j.
Conservation Requirement. Whatever portion of the Freneau Redevelopment
Area is not utilized for site and/or unit construction, storm water
detention, recreational facilities, parking and utility easements,
or other needs of the contemplated development, etc. shall be permanently
restricted by conservation easement in perpetuity, or conveyed to
the Township or to a designee of the Township for preservation purposes,
as determined by the Township.
k.
Required Recreational Facilities.
1.
The residential townhouse cluster development shall provide active
recreational facilities, including, by way of example only, recreational
facilities such as the following:
(a)
One (1) swimming pool with a minimum water surface of eighteen
hundred (1,800) square feet, and a deck/patio equal to an area equivalent
to one hundred fifty (150%) percent of the water surface area;
(b)
One (1) clubhouse/recreation building with adjacent off-street
parking as approved by the Planning Board; the clubhouse/recreation
building shall be a minimum size equivalent to fifteen (15) gross
square feet in area per each dwelling in the subtract area;
(c)
Children's playground equipment;
(d)
Play courts or game areas; and
(e)
Jogging, bicycle and cardiovascular exercise paths.
2.
The preceding listing and ratios of recreational facilities are guidelines
for the Redeveloper and Planning Board in their evaluation of the
adequacy of proposed recreational facilities for the residential townhouse
cluster development. Alternative recreational facilities and ratios
similar to those listed above may be proposed by the Redeveloper are
permitted at within the Redevelopment Area and may be approved by
the Board.
3.
All recreational facilities shall adhere to the standards set forth
in the Barrier Free Subcode of the Uniform Construction Code of the
State of New Jersey.
l.
Lighting Requirements.
1.
Lighting shall be minimal for security and safety purposes, and a
lighting plan indicating the location of the lighting fixtures, the
direction of illumination, the wattage and isolux curves for each
fixture, and the details of the lighting poles and the luminaries
shall be submitted by the Redeveloper in connection with any application
for site plan approval.
2.
The lighting is to be provided by fixtures with a mounting height
not higher than eighteen (18) feet. Street lighting is intended to
be provided in areas of concentrated parking, points of intersection
and at terminus or angle points along the circulation roadways for
public safety as may be deemed necessary and appropriate.
3.
The lighting fixtures are to include non-glare lights with recessed
lenses focused downward and with "cut-off" shields as appropriate
in order to mitigate against adverse impacts upon adjacent and nearby
properties, the safety of traffic along adjacent roadways and overhead
skyglow.
4.
The light intensity provided at ground level shall be indicated in
footcandles on the submitted plans and shall average not less than
five-tenths (0.5) footcandles at intersections and shall average not
more than one (1.0) footcandle throughout any area to be illuminated.
Lighting levels for pathways shall maintain an average of approximately
0.25 footcandles along the pathways to be lighted.
5.
The lighting of any sidewalk and/or pathway, where provided, shall
be via bollard lighting not more than four (4) feet in height and/or
other decorative fixtures with a mounting height not higher than twelve
(12) feet.
m.
Landscaping Requirements.
1.
The landscaping within the residential townhouse cluster development(s)
shall be conceived as a total pattern throughout the developed area,
integrating the various elements of the architectural design of the
buildings and creating an aesthetically pleasing environment.
2.
The landscaping shall be in accordance with subsection 25-5.10 of the Township's Land Development Ordinance and shall include shade trees, decorative flowering trees, evergreen trees, shrubs and hedges, ground cover, perennials and annuals, and may include other materials such as rocks, sculpture, art, walls, fences and decorative brick or paving materials provided, however, that street trees do not have to be planted in a linear configuration, and can be clustered in groupings so long as the total number of street trees is the same as if they had been planted in a linear configuration at forty (40) feet on center. Additionally, street trees shall have a caliper of two and one-half (2 1/2) inches.
3.
In areas where the applicant is successful in preserving existing
trees within fifteen (15) feet of the new curb of a roadway, the Planning
Board may waive the otherwise applicable street tree requirements.
n.
Fee Simple Townhouse Lots.
1.
Lot and yard dimensions encompassing individual townhouse dwelling
units may be freely disposed and arranged on a tract of land, provided
they are superimposed upon an approved site plan for the subject development
in accordance with the following:
(a)
The boundaries of any lot shall not infringe upon any common
open space land areas. Notwithstanding this requirement, a lot line
may be located within a buffer or setback area provided they are consistent
with the requirements of paragraphs (b) and (c) below;
(b)
No lot line shall be located closer than twenty-five (25) feet
to any tract boundary line or to the right-of-way line of any existing
public street; and
(c)
No lot line shall be located closer than five (5) feet to any
off-street parking area or to the private roadway or driveway accessing
the parking area.
2.
For a fee simple townhouse unit, no construction permit shall be
issued for the dwelling unit, an addition thereto, or for an accessory
structure unless the proposed construction is in accordance with the
site plan as approved by the Planning Board.
o.
General Requirements for a Residential Townhouse Cluster Development.
1.
The residential townhouse cluster development shall be planned and
developed with a common architectural theme; the architectural theme
shall include the appearance of buildings, signing, fencing, lighting,
paving, curbing, and landscaping.
2.
The residential development shall comply with the Township's look-alike requirements pursuant to subsections 25-5.3 and 25-5.4 except that the orientation of buildings to the natural features of the site as well as the orientation of the sun so that solar energy may be utilized, if viable, at the discretion of the developer.
3.
The residential townhouse cluster development shall require that
adequate public sewerage and potable water be provided. In the event
off-site improvements for sewerage or potable water are necessitated
by the proposed development, same will be addressed in the Redeveloper
Agreement between the Township and the Redeveloper. Notwithstanding
the foregoing, the sewerage and potable water improvements to be provided
for the proposed development must be in accordance with the following
general guidelines:
(a)
The proposed wastewater collection/transmission facilities should,
in general, comply with the "Executive Report on Sewer Service for
the Freneau Section", dated September 16, 1993 and prepared by Birdsall
Engineering, Inc. It should be noted that the subject report was prepared
for the former Aberdeen Township Municipal Utilities Authority, which
Authority was subsequently dissolved by Aberdeen Township, and the
Township then assumed responsibility as the implementing agency for
wastewater facilities. Said 1993 report was subsequently updated on
behalf of the Township, by CME Associates in a 2010 Planning Document
Report. The proposed sanitary sewer infrastructure should be sufficiently
sized to service the adjoining Woodfield Estates area.
(b)
The station (or stations) would discharge by force main generally
to a manhole located on the east side of Route 34 near Gravelly Brook
and Brookview Lane.
(c)
Redeveloper will be responsible for paying the costs of constructing
any potable water lines or other potable water improvements (including,
but not limited to a five hundred thousand (500,000) gallon water
storage tank necessary to convey potable water to the Freneau Redevelopment
Area.
(d)
It is anticipated that the potable water line shall run down
Route 516 from Old Bridge Township.
(e)
The specific nature and extent of the obligations of the Redeveloper
to comply with paragraph 3(a) through 3(e) hereinabove shall be determined
in the context of the Redeveloper Agreement.
p.
Certain Zoning and Design Provisions. Any residential townhouse cluster
development in the Freneau Redevelopment Area is subject to the following
regulations and design standards:
1.
All residential dwelling units and buildings shall be located a minimum
of thirty (30) feet from any existing or proposed detention (i.e.,
dry) basin, and a minimum of fifty (50) feet from any existing or
proposed retention (i.e., wet) basin, measured from the 100-year water
surface elevation of the basin.
2.
All residential dwelling units and buildings shall be located a minimum
of fifty (50) feet from any existing or proposed pond, lake or other
naturally occurring water body or water course, as measured from the
edge of the design high water level or from 100-year flood plain,
whichever measurement results in the greatest setback distance, except
as follows:
(a)
In instances where the top of bank, i.e., the edge the highest
topographic grade associated with the water course, is further set
back than the edge of the design high water level or 100-year flood
plain, then the setback for any dwelling unit or building shall be
a minimum of twenty-five (25) feet from the top of bank, with the
"top of bank" being defined as the general top of a ravine, excepting
out minor transverse variations; and
(b)
In such instances, the definition of "stream corridor" in subsection
25-6.8d33 of the LDO shall not be applicable.
3.
No additional setback for the limit of disturbance as required in
subsection 25-6.8g16 shall be required from a stream corridor or other
"critical area", provided that adequate measures are taken to ensure
that there will be no disturbance of the subject land areas during
construction.
4.
All new residential dwelling units and buildings within the residential
townhouse cluster development shall be located a minimum of one hundred
(100) feet from any existing or proposed sanitary sewage treatment
plant and a minimum of fifty (50) feet from any sanitary sewage pumping
station.
5.
The required buffer area width within the residential townhouse cluster development shall be forty (40) feet and shall be in accordance with the requirements of subsection 25-5.5, except as follows:
(a)
Any permitted entry signs, decorative fencing or walls, decks,
patios, pathways and/or sidewalks may be permitted in the required
buffer area, provided that the erection of such structures does not
require the removal of any vegetation that would otherwise be retained.
(b)
The required mixture and amount of plant material in the buffer
areas shall consider the existing conditions on the tract and may
be modified accordingly, provided that the residential townhouse cluster
development is reasonably shielded from existing residential development
adjacent and nearby.
(c)
The minimum buffer area may include the area necessary to satisfy
the minimum yard or building distance requirements for the uses within
the residential townhouse cluster development.
6.
The landscaping requirements of subsection 25-5.10 shall reasonably be applied to any residential townhouse cluster development, except that the requirements of subsection 25-5.10 of the "LDO" for a Tree Removal and Replacement Plan shall not apply, provided that the removal of existing trees in the residential townhouse cluster development is the minimum necessary.
7.
Notwithstanding any provisions of the ordinance to the contrary,
an isolated area or a narrow band of steep slopes, State open waters,
freshwater wetlands and wetlands transition areas may be disturbed
or developed where it is determined by the Planning Board that soil
erosion, land disturbance and/or other environmental concerns have
been adequately addressed by the Redeveloper.
q.
Additional Requirements for a Residential Townhouse Cluster Development.
1.
All provisions within Section 25-5 of the Land Development Ordinance (LDO) regulating improvements and design standards, which are not inconsistent with the provisions specified hereinabove, shall govern the design and construction of a residential townhouse cluster development, provided that, notwithstanding any provisions of the ordinance to the contrary, waivers may be granted by the Planning Board from the provisions in Section 25-5 for good cause shown, and provided further that the following design standards shall apply to a residential townhouse cluster development notwithstanding anything to the contrary within Section 25-5:
(a)
Vehicles shall be permitted to be parked perpendicular to internal
roadways and/or driveways, and shall be permitted to back out into
the roadway and/or driveway.
(b)
There shall be no off-street loading requirement for any recreation
building.
(c)
Continuous open driveways shall be permitted to access garages
as necessary for the approved architectural design.
2.
Any residential townhouse cluster development shall satisfactorily
address and comply to the extent practicable with all applicable existing
utility Master Plans and utility ordinances of Aberdeen Township.
The specific nature and extent of the obligations of the Redeveloper
to comply with same shall be determined in the context of the Redeveloper
Agreement.
3.
The Redeveloper's specific monetary contribution for any off-site
improvements made necessary by the development will be determined
in accordance with the MLUL and the Redeveloper Agreement.
4.
Any developer of a residential townhouse cluster development shall
obtain site plan approval for the development in accordance with the
requirements contained in the Land Development Ordinance and the MLUL.
[Ord. No. 3-2006 § 1,
609; Ord. No. 25-2010]
a.
WIRELESS COMMUNICATION
WIRELESS COMMUNICATION ANTENNA
WIRELESS COMMUNICATION TOWER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
shall mean any personal wireless service as defined in the
Federal Telecommunications Act of 1996 ("FTA"); i.e., FCC-licensed
commercial wireless telecommunication services, including cellular,
PCS, SMR, ESMR, paging, and similar services that currently exist
or that may in the future be developed. "Wireless communications"
does not include any amateur radio facility that is under seventy
(70) feet in height and is owned and operated only by a federally
licensed amateur radio station operator or is used exclusively to
receive transmissions, nor does it include any parabolic satellite
antennas, nor does it include non-wireless telephone service.
shall mean any device which is used for the transmission
and reception of wave frequencies for the purpose of any wireless
communication as defined hereinabove. For the purposes of this ordinance,
wireless communication antennas shall not be considered to be a public
utility.
shall mean a free-standing monopole structure on which one
(1) or more antennas are attached, but shall not mean existing structures
such as silos, steeples, cupolas or water tanks.
b.
Overall Purposes.
1.
It is the overall purpose of this section to provide specific zoning
conditions, standards and limitations for the location, approval and
operation of wireless communication antennas within the Township of
Aberdeen that recognize the need to safeguard the public good, health,
safety and welfare and preserve the intent and the purposes of the
Aberdeen Township Master Plan and Land Development Ordinance.
2.
It is understood by the Township of Aberdeen that the Federal government,
through the Federal Communications Commission (FCC), issues licenses
for wireless communications, and that the FCC requires the license
holders to provide coverage within the areas so licensed.
3.
However, it also is understood by the Township of Aberdeen that the
Federal Telecommunications Act of 1996 ("FTA") expressly preserves
the zoning authority of the Township to regulate the placement, construction
and modification of personal wireless service facilities subject to
the six (6) limitations noted at § 332 (c)(7)(B) of the
FTA.
4.
In this regard, the FTA does not abrogate local zoning authority
in favor of the commercial desire to offer optimal service to all
current and potential customers, and the providers of the personal
wireless services must bear the burden of proving that any proposed
service facility is the least intrusive means of filling a significant
gap in wireless communication services in the area.
c.
Overall Objective. The overall objective of this section is to allow
the provision of wireless communication services while, at the same
time, limiting the number of antennas and supporting towers to the
fewest possible, and only in those locations which do not negatively
impact the prevailing suburban, residential character of the Township
and the quality of life enjoyed by its residents.
d.
Specific Goals.
1.
To minimize the total number of wireless communication towers within
the Township of Aberdeen;
2.
To limit the impact of wireless communication antennas, towers and
related facilities upon the residences and the streetscapes throughout
the Township of Aberdeen;
3.
To safeguard the prevailing suburban, residential character of development
throughout the Township of Aberdeen, with particular emphasis on maintaining
the prevailing character of the residential neighborhoods throughout
the Township;
4.
To encourage the location of antennas upon, or within, appropriately
located existing structures including, but not limited to, existing
towers, poles, and steeples;
5.
To encourage the collocation of antennas on the fewest number of
existing structures within the Township of Aberdeen;
6.
To encourage the communication carriers to configure their facilities
in a manner that minimizes and mitigates any adverse impacts upon
affected properties, streetscapes and viewsheds through careful design,
siting, landscape screening and innovative camouflaging techniques;
7.
To encourage the use of alternate technologies which do not require
the use of towers, or require towers at relatively lesser heights;
8.
To enhance the ability of the carriers of wireless communications
services who adhere to the letter and intent of these ordinance provisions
to provide such services quickly, effectively and efficiently; and
9.
To comply with the mandate of the Federal Telecommunications Act
of 1996, 47 U.S.C. Section 332 (c) (7), which preserves local government
authority to enforce zoning requirements that protect public safety,
public and private property and community aesthetics.
e.
Exemptions of Applicability. This section shall not apply to any
tower or the installation of any antenna that is under seventy (70)
feet high and is owned and operated only by a Federally licensed amateur
radio station operator or is used exclusively to receive transmissions,
nor shall it apply to any parabolic satellite antennas or non-wireless
telephone services.
f.
Locations Where Wireless Communication Antennas May be Located. Wireless
communication antennas may be located only at the following two (2)
prioritized locations:
1.
First Priority Locations. The first priority locations for wireless
communication antennas shall be on the existing towers and poles or
within the existing church steeples in the Township of Aberdeen which
are specifically identified in the Addendum I Table[1] and the accompanying Map to this section, each of which
are dated January 30, 2006; antennas so located are permitted uses
in the zoning districts in which the identified existing structures
are located, notwithstanding any other provision of this chapter to
the contrary; except, there shall be no requirement for an existing
antenna or tower if the proposed location is on Township property.
[1]
Editor's Note: The Addendum I Table and Map are included as an attachment to this chapter.
2.
Second Priority Locations: The second priority locations for wireless
communication antennas shall be on new wireless communication towers
on land areas within the "HC" Highway Commercial zoning district or
within the "LI" Limited Industrial zoning district, and antennas so
located are conditionally permitted uses.
g.
Requirements for First Priority Locations.
1.
Notwithstanding any provision of these "Land Development Ordinance"
provisions of the Township of Aberdeen to the contrary, the location
and height of antenna(s) on, or within, any of the existing structures
within the Township identified in the Addendum I Table and any accessory
cabinets enclosing the related electronic equipment, shall be considered
permitted uses in the subject zoning district and, therefore, shall
not require "conditional use" approval in accordance with N.J.S.A.
40:55D-67 of the Municipal Land Use Law, nor shall any variance be
required in accordance with N.J.S.A. 40:55D-70d. of the Municipal
Land Use Law. Towers and antennas located on a municipal property
shall not exceed one hundred fifty (150) feet in height.
2.
Moreover, the location and height of the antenna(s) on, or within,
any of the existing structures within the Township identified in the
Addendum I Table, and any accessory cabinet(s) enclosing the related
electronic equipment, shall not require "site plan" approval, but
shall require an application to the Aberdeen Township Planning Board
for administrative review after said application is reviewed and approved
by the Aberdeen Township Engineer and the Township Land Use Planner.
Editor's Note: The Addendum I Table and Map can be found at the end of this subsection 25-6.10, Wireless Communication Facilities.
3.
The applicant first shall meet with the Township Engineer and the
Township Land Use Planner to discuss the proposed location of the
wireless communication antennas, the proposed location and possible
landscape screening of any accessory cabinet(s) enclosing the related
electronic equipment, and any other construction that may be proposed
or required regarding the installation of the proposed antennas.
4.
(Reserved)
5.
Once approved by the Aberdeen Township Engineer, the Aberdeen Land
Use Planner and the Aberdeen Township Planning Board, no construction
permit shall be issued by the Township Construction Official until
he or she is in receipt of final plans signed by the Aberdeen Township
Engineer, Aberdeen Land Use Planner, and the Aberdeen Planning Board
Secretary and Chairman.
6.
In any case, the height of any proposed antenna extending above any
existing structure shall not exceed twenty (20) feet and, if feasible,
all antennas shall be flush mounted antennas totaling no more than
six (6) in number.
7.
An escrow account of five thousand ($5,000) dollars shall be established
by the applicant with Aberdeen Township to pay for the time expended
by the Township Engineer and Township Land Use Planner.
h.
Requirements for Second Priority Locations.
1.
Regarding the second priority locations for wireless communication antennas (i.e., on lands within the "HC" Highway Commercial zoning district or on lands within the "LI" Limited Industrial zoning district), any such proposed tower, antennas and related equipment shall require conditional use review and approval in accordance with the applicable requirements of subsection 25-6.6a; as well as preliminary and final site plan reviews and approvals in accordance with the applicable requirements of Section 25-8 of this chapter.
2.
The following information shall be submitted for site plan approval for second priority locations, and the referenced paragraphs i., j., k., and l. of subsection 25-6.10 contain the specific conditions, standards and limitations for wireless communication antennas on new wireless communication towers in the Township of Aberdeen:
(b)
In order to be declared complete, the initially submitted application shall include an "Overall Comprehensive Plan" in accordance with paragraph i. of subsection 25-6.10 hereinbelow;
(c)
In order to be declared complete, the initially submitted site plan shall indicate conformance with all of the "Area and Setback Conditions" set forth in paragraph j. of subsection 25-6.10 hereinbelow;
(d)
In order to be declared complete, the initially submitted site plan shall indicate conformance with each of the "Design Conditions" set forth in paragraph k. of subsection 25-6.10 hereinbelow;
(e)
In order to be declared complete, the initially submitted application shall include the "Additional Conditions" indicated in paragraph l. of subsection 25-6.10, hereinbelow; and
(f)
During the public hearing process, the applicant shall schedule
the time for a crane test with the Secretary of the Planning Board
in order to provide the members of the Planning Board and the general
public the opportunity to view a crane at the location and height
of the proposed tower. Thereafter, a visual sight distance analysis
shall be prepared by the applicant and presented to the Planning Board,
including photographic reproductions of the crane test, graphically
simulating the appearance of the proposed tower, with at least three
(3) antenna arrays attached thereto and from at least fifteen (15)
locations around and within one (1) mile of any proposed tower where
the tower will be most visible.
i.
Overall Comprehensive Plan for Second Priority Locations.
1.
In order to effectuate the purposes, objectives and goals of these
ordinance provisions, any applicant for approval to erect a new supporting
tower for wireless communication antennas shall provide threshold
evidence that the proposed location of the tower and antennas has
been planned to result in the fewest number of towers within and around
the Township of Aberdeen at the time full service is provided by the
applicant.
2.
The applicant shall provide an overall comprehensive plan indicating
how it intends to provide full service within and around the Township
of Aberdeen and, to the greatest extent possible, shall indicate how
its plan specifically relates to and is coordinated with the needs
of all other providers of wireless communication services within and
around the Township.
3.
The overall comprehensive plan shall indicate the following, and
this information shall be provided at the time of the initial submission
of the application:
(a)
The mapped location and written description of all existing
and approved supporting towers for all providers of wireless communication
services within one (1) mile of the subject site, both within and
outside of Aberdeen Township;
(b)
The mapped location and written description of all existing
or approved water towers or water standpipes and existing high tension
power line stanchions within one (1) mile of the subject site, both
within and outside of Aberdeen Township;
(c)
Why the proposed antennas could not be located on any of the
structures listed and mapped in Addendum I attached to these ordinance
provisions;
(d)
How the proposed location of the proposed antennas specifically
relates to the anticipated need for additional antennas and supporting
structures within and near the Township of Aberdeen by the applicant
and by other providers of wireless communication services within the
Township;
(e)
How the proposed location of the proposed antennas specifically
relates to the objective of collocating the antennas of many different
providers of wireless communication services on a single supporting
structure; and
(f)
How the proposed location of the proposed antennas specifically
relates to the overall objective of providing adequate wireless communication
services within the Township of Aberdeen while, at the same time,
limiting the number of towers to the fewest possible, including alternate
technologies which do not require the use of towers or require towers
of a lesser height.
j.
Area and Setback Conditions for Second Priority Locations.
1.
The proposed tower, antennas and ancillary related electronic equipment
are required to be located on a land area no less than twenty thousand
(20,000) square feet;
2.
The minimum required land area shall either be a separate undeveloped
lot or a leased portion of an existing undeveloped or developed lot;
3.
The proposed tower, antennas and related equipment, and any approved
building housing the electronic equipment and any approved camouflaging
of the tower, shall be the only land uses located on the required
twenty thousand (20,000) square foot land area, whether a separate
lot or a leased portion of a lot; and
4.
Except for any access driveway into the property, required landscaping
and any underground utility lines reviewed and approved by the Planning
Board as part of the site plan submission, no building, tower, other
structure and/or disturbance of land shall be permitted within the
following areas:
(a)
Within one hundred (100) feet of any Street line;
(b)
Within two hundred (200) feet of any lot line other than a Street
line;
(c)
Within one thousand (1,000) feet of an historic district or
site as duly designated by Aberdeen Township, Monmouth County, the
State of New Jersey and/or by the Federal government;
(d)
Within five hundred (500) feet of any existing residential dwelling
unit; and
(e)
Within five hundred (500) feet of any residential district boundary
line, except that this provision shall not apply to any residential
district boundary line within the right-of-way of the Garden State
Parkway.
k.
Design Conditions for Second Priority Locations.
1.
All towers shall be a monopole design.
2.
All towers shall be camouflaged (e.g., housed in a bell tower, etc.,
or made to look like a tree or a non oversized flagpole) as may be
appropriate in the context of the visibility of the tower from different
vantage points throughout the Township and the existing land uses
and vegetation in the vicinity of the subject site.
3.
The height of any proposed new tower and the antennas attached thereto
shall not exceed one hundred and twenty-five (125) feet from the existing
ground level beneath the tower, unless a higher height is approved
by the Planning Board for collocation purposes.
4.
No signage is permitted except such information signs deemed necessary
for safety purposes by the Planning Board.
5.
Minimal off-street parking shall be permitted as needed and as specifically
approved by the Planning Board.
6.
No lighting is permitted on a tower except lighting that specifically
is required by the Federal Aviation Administration (FAA), and any
such required lighting shall be focused and shielded to the greatest
extent possible so as not to project towards adjacent and nearby properties.
The applicant shall provide to the Planning Board all applicable FAA
standards regarding lighting that may apply to a proposed tower.
7.
Individual cabinets for the required electronic equipment related
to the wireless communications antenna(s) shall be permitted in accordance
with the following design criteria:
(a)
Any proposed cabinet enclosing required electronic equipment
shall not be more than twenty (20) feet in height nor more than two
hundred and fifty (250) square feet in area, and only two (2) such
shelters shall be permitted for each provider of wireless communication
services located on the site;
(b)
No electronic equipment shall interfere with any public safety
communications;
(c)
All of the electronic equipment shall be automated so that the
need for on-site maintenance and the commensurate need for vehicular
trips to and from the site will be minimized;
(d)
All of the cabinets for the required electronic equipment for
all anticipated communication carriers to be located on the subject
site shall be housed within a single one and one-half (1 1/2)
story building, which building shall not exceed two thousand (2,000)
gross square feet in area and twenty-five (25) feet in height, and
which shall be designed with a single-ridge, pitched roof with a residential
appearance; and
(e)
The building may have one (1) light at the entrance to the building,
provided that the light is attached to the building, is focused downward
and is switched so that the light is turned on only when workers are
at the building.
8.
Between the location of the tower and the building enclosing related
electronic equipment and any public Street or residential dwelling
unit or residential zoning district within view of the tower and the
building, landscaping shall be provided in accordance with the following:
(a)
The landscaping shall consist of a combination of existing and/or
newly planted evergreen and deciduous trees and shrubs of sufficient
density to screen the view of the tower during all four (4) seasons
of the year, particularly at its base, to the maximum extent reasonably
possible, and to enhance the appearance of the building from the surrounding
residential properties and any public Street;
(b)
The landscaping plan shall be prepared by a licensed landscape
architect who shall present testimony to the Planning Board regarding
the adequacy of the plan to screen the tower from view and to enhance
the appearance of the building; and
(c)
Any newly planted evergreen trees shall be at least eight (8)
feet high at time of planting, and any newly planted deciduous trees
shall be a minimum caliper of three (3) inches at time of planting.
l.
Additional Conditions for Second Priority Locations.
1.
Documentation by a qualified expert that any proposed tower will
have sufficient structural integrity to support the proposed antennas
and the anticipated future collocated antennas and that the structural
standards developed for antennas by the Electronic Industries Association
(EIA) and/or the Telecommunication Industry Association (TIA) have
been met; and
2.
A letter of intent by the applicant, in a form that is reviewed and
approved by the Planning Board Attorney, indicating that the applicant
will share the use of any tower with other approved wireless communication
carriers at reasonable rates that are economically viable.
m.
Location Preferences for New Towers. The following are not conditions,
standards and limitations for the location of new wireless communication
towers, but are preferences of the Township:
1.
To the greatest extent possible, no tower shall be located to be
visible from
any historic district or site as duly designated by the Township
of Aberdeen, Monmouth County, the State of New Jersey and/or by the
Federal government.
2.
To the greatest extent possible, no tower shall be located to be
visible from any street.
3.
To the greatest extent possible, any tower shall be located behind
existing buildings and/or natural topographic elevations in order
to screen the tower from view from adjacent properties and from any
street right-of-way.
n.
Other Requirements.
1.
All other applicable requirements of this subsection not contrary
to the conditions, standards and limitations specified herein shall
be met, but waivers and/or variances of such other applicable requirements
may be granted by the Planning Board.
2.
The applicant (and the landowner in the instance of a leased property)
shall provide a performance bond and/or other assurances satisfactory
to the Planning Board, in a form approved by the Planning Board Attorney,
that will cause the antennas, any supporting tower, the electric equipment
cabinets, any building enclosing the electronic equipment shelters,
and all other related improvements to the land to be removed, at no
cost to the Township, when the antennas are no longer operative. Any
wireless communication facility not used for its intended and approved
purpose for a period of six (6) months shall be considered "no longer
operative" and shall be removed by the responsible party within sixty
(60) days thereof.
o.
Technical Review. In addition to its normal professional staff, given
the technical and specialized nature of the testimony by the applicant's
radio frequency expert(s), the Planning Board may, at the applicant's
expense, hire its own radio frequency expert to review and comment
upon the testimony presented by the applicant. Additionally, based
upon other testimony presented by the applicant, the Planning Board
may hire other experts with specialized areas of expertise if deemed
necessary, also at the applicant's expense.
p.
Application for "Use" Variances to the Zoning Board. Any application
submitted to the Aberdeen Township Zoning Board of Adjustment for
a "use" variance to construct or install wireless communication antennas
and/or a new wireless communication tower in a location not permitted
by this subsection or for a variance from any of the conditions, standards
and limitations established for second priority locations in this
subsection shall be required to submit all of the information required
herein for second priority locations, and no such application shall
be deemed complete unless all of the required information is provided
or unless the need to provide the required information is specifically
waived by the Zoning Board of Adjustment."
[Ord. No. 14-2010 § 6]
The Glassworks Mixed-Use Redevelopment Plan was adopted by Ord.
No. 14-2010. Ord. No. 14-2010 may be found, in its entirety, on file
in the office of the Municipal Clerk.
a.
Purposes. The purposes of "The Glassworks" Mixed-Use Redevelopment
Plan are as follows:
1.
To eliminate the currently existing, vacant and/or obsolete manufacturing
facilities that substantially impair the sound growth, planning and
functioning of the subject area of Aberdeen Township.
2.
To remediate any and all environmental problems associated with the
"Brownfield" site to restore its environmental integrity.
3.
To establish an economically viable mixed-use development featuring
a variety of residential, recreational, office, civic, retail commercial
and other nonresidential uses that will serve the community as a destination
location that will not only beautify the community, but will be conducive
to a wholesome living and working environment.
4.
To mitigate against the traffic impacts to the local road network
by making necessary and appropriate improvements to the existing road
network and by constructing a public bus transportation park-and-ride
facility with shuttles to the Aberdeen/Matawan Train Station.
5.
To diversify the housing stock within Aberdeen Township.
6.
To create a site plan design generally in accordance with the February
12, 2010 "Concept Plan and Program" map for "The Glassworks" development
which appears on Page 6 of this "The Glassworks" Mixed Use Redevelopment
Plan.
7.
To create an open space network generally in accordance with the
February 12, 2010 "Open Space Diagram" map for "The Glassworks" development
shown on Page 8 of this "The Glassworks" Mixed Use Redevelopment Plan.
8.
To provide standards and guidelines in order to assure that the appearance
and design of buildings, parking areas, streetscapes, landscaping
and open spaces support a positive and lively pedestrian experience.
9.
To encourage efficient land use by facilitating compact, higher density
development and minimizing the amount of land needed for surface parking.
10.
To encourage an economically positive development, which will support
increased employment opportunities, provide upscale residential dwellings,
tax ratables and economic growth.
11.
To promote the health, safety and general welfare of Aberdeen Township
and the neighborhood areas in vicinity to "The Glassworks" development.
b.
The Permitted Maximum Number of Residential Units.
1.
"The Glassworks" Mixed-Use Redevelopment Plan shall include up to
five hundred (500) residential units if only Block 155/Lot 1 is redeveloped,
with twenty-two (22%) percent of the units, or one hundred ten (110)
units, to be affordable family rental units set aside for occupancy
by eligible COAH households and to be in accordance with all applicable
COAH rules.
2.
If one (1) or more of the outparcel lots (i.e., Block 155/Lots 2,
3, 4 and/or 5) are acquired by the redeveloper, the redeveloper shall
be permitted to develop an additional ten (10) market-rate units for
each lot acquired, and there shall be no additional requirement for
affordable housing units.
c.
The Required Minimum Area of Retail and Other Commercial Space.
1.
"The Glassworks" Mixed-Use Redevelopment Plan shall contain a minimum
of 75,000 square feet of retail, office and other permitted nonresidential
space.
2.
Additionally, the redevelopment plan shall contain an approximately
80,000 to 100,000 square foot hotel with approximately 110-125 rooms,
plus a boutique movie theater with approximately 4 to 6 individual
theaters.
d.
Principal Permitted Uses on the Land and in Buildings.
1.
Retail sales of goods and services.
2.
Offices.
3.
Banks, including drive-through windows provided such windows do not
face a primary street.
4.
Pharmacies, including drive-through windows, provided such windows
do not face a primary street.
5.
Restaurants, excluding drive-through windows.
6.
Theaters.
7.
Hotels.
8.
Health clubs, gyms, spas and similar facilities.
9.
Libraries, museums and art galleries.
10.
Child care centers.
11.
Townhouse dwelling units.
12.
Multi-family dwelling units, including units within freestanding
buildings and units on the second and/or above floors of buildings
with nonresidential uses on the first floor, provided that:
13.
Public bus park-and-ride facilities.
14.
Houses of worship.
15.
Public parks, conservation areas, open spaces, common spaces and
public purpose uses.
e.
Accessory Uses Permitted.
1.
Common recreational facilities, recreation centers and/or clubhouses
as specifically approved by the Planning Board within specified open
space areas in order to satisfy the needs of the residential population
within the subject portion of the development.
2.
Landscaping features including benches, trellises, gazebos and other
such features customarily associated with the permitted principal
uses, as the case may be.
3.
Underground sprinkler systems within specified open space areas,
provided that the water spray does not extend beyond the open space
area.
4.
Fences and walls shall only be permitted if specifically approved
by the Planning Board as part of the site plan approval and/or if
a standard for the location and type of the fences and/or walls has
been approved by the Planning Board as part of the site plan approval
and has been included in any applicable open space organization documents.
5.
Patios and decks in the side or rear yard areas of a townhouse dwelling
unit, provided that no patio or deck shall be permitted unless a standard
for such patios and/or decks has been approved by the Planning Board
as part of the site plan approval and has been included in any applicable
open space organization documents.
f.
Maximum Building Height.
1.
No building shall exceed six (6) stories and sixty-five (65) feet
in height, provided and in accordance with the following:
(a)
Building heights shall be measured from the elevation of the
street upon which and where the building fronts; where a building
fronts on more than one (1) street, the building height shall be measured
from the street with the highest elevation.
(b)
No building shall have a wall height along the street frontage
of less than twenty (20) feet nor more than fifty (50) feet; for buildings
greater than fifty (50) feet in height, front elevations shall provide
a cornice at fifty (50) feet running the length of the elevation.
2.
(Reserved)
3.
Penthouses or roof structures for the housing of stairways, ventilating
fans, air conditioning equipment and similar equipment required for
the operation of the building, skylights, spires, cupolas, chimneys
or similar structures may be erected above the height requirements,
but in no case shall be more than eighteen (18) feet in added height.
All roof structures shall be set back from all roof edges by a distance
equal to or greater than their height. Ornamental architectural flourishes
for decoration such as cupolas and spires shall have no height limitation.
g.
Building Separation Requirements.
1.
Commercial and Mixed-Use Buildings, With or Without Residential Units
on the Second and/or Above Floors.
(a)
No front yard setback is required for commercial and mixed-use
buildings, and commercial and mixed-use buildings may be tied to each
other without side yard separation.
(b)
When separated, all commercial and mixed-use buildings shall
be separated by a minimum distance of fourteen (14) feet, provided
that such separation is to be used solely for pedestrian circulation
and/or landscaping.
(c)
When separated, all commercial and mixed-use buildings shall
be separated by a minimum distance of thirty-five (35) feet where
any part of such separation is to be used for parking or vehicular
circulation; this will enable a twenty (20) foot wide travel-way and
seven and one-half (7.5) feet on either side for landscaping.
(d)
However, in any case, the required separation between commercial/mixed-use
buildings shall not be understood to prohibit covered pedestrian walkways
when the roof of such walkway extends between the buildings.
2.
Freestanding Townhouse and Multi-Family Residential Buildings. Minimum
distances between townhouse and/or multi-family buildings shall be
measured horizontally in feet and shall be measured away from the
front, side and rear of each building. The total required minimum
separation between the buildings shall be the sum of the two (2) abutting
distances, and each building shall have one (1) front, one (1) rear
and two (2) side yards.
(a)
The minimum distances shall be twenty (20) feet for the front
of a building, ten (10) feet for the side of a building, twenty-five
(25) feet for the rear of a building abutting a property line, and
twenty (20) feet for the rear of a building abutting an alley right-of-way.
(b)
No portion of any building shall be closer to any portion of
any other building than the combined distances of the abutting yard
requirements for each building, provided that the corner of a building
off-set more than a fifteen (15°) degree angle from a line drawn
parallel to another building shall be considered a side of the building
and the building separation, therefore, shall be thirty (30) feet.
(c)
In any case, and notwithstanding the distances specified hereinabove,
no building shall be located closer than fifty (50) feet to the Cliffwood
Avenue right-of-way, to the railroad right-of-way or to the right-of-way
of the Garden State Parkway.
h.
Age Restrictions for Any Age-Restricted Dwelling Units.
1.
Any age-restricted dwelling unit shall be deed restricted for occupancy
by households with at least one (1) person fifty-five (55) years of
age or older and with no person less than nineteen (19) years of age,
provided that visitors less than nineteen (19) years of age are permitted
for no more than eight (8) weeks during any twelve (12) month time
period.
2.
The wording of the required deed restriction shall be submitted by
the applicant to the Planning Board for review as part of the application
for final subdivision approval, and the wording shall be reviewed,
modified as necessary, and finally approved by the Township Council
and incorporated within a developer's agreement between the developer
and the Township Council as a condition of any final approval granted
by the Planning Board for the age-restricted dwelling units.
3.
The wording of the required deed restriction as finally approved
by the Township Council shall be recited in the Master Deed and the
open space organization bylaws, which also shall be reviewed and approved
by the Township Council as a condition of any final approval granted
by the Planning Board for the age-restricted dwelling units.
i.
Off-Street Parking, Private Garages and Driveways. Notwithstanding
any other ordinance provisions to the contrary, each individual use
shall be provided off-street parking spaces according to the following
minimum requirements as contained in the provisions of the State of
New Jersey's "Residential Site Improvement Standards" (RSIS); provided
that, in accordance with the RSIS, the following exceptions shall
apply:
"Alternative parking standard to those shown in Table 4.4 of
the RSIS shall be accepted if the applicant demonstrates these standards
better reflect local conditions" [see N.J.A.C. 5:21-4.14 (c)]; and/or
"When, in the judgment of the local approving authority, on-street
parking is available, then only that proportion of the parking requirement
which is not available on the street shall be provided in off-street
parking facilities. A length of 23 feet per on-street parking space
shall be used in calculating the number of available on-street parking
spaces" [see N.J.A.C. 5:21-4.14 (f)].
1.
Townhouse and Apartment Residential Units.
(a)
Townhouses shall be provided 1.8 off-street spaces for each
1-bedroom unit, 2.3 spaces for each 2-bedroom unit, and 2.4 spaces
for each 3-bedroom townhouse unit. Where the bedroom count per dwelling
unit is not specified, 2.3 spaces per unit shall be provided.
(b)
Apartments shall be provided 1.8 off-street spaces for each
1-bedroom unit, 2.0 spaces for each 2-bedroom unit, and 2.1 spaces
for each 3-bedroom apartment unit. Where the bedroom count per dwelling
unit is not specified, two (2.0) spaces per unit shall be provided.
(c)
For both townhouses and apartments, each garage space shall
be counted as one (1.0) off-street parking space, regardless of the
length of the driveway.
(1)
A 1-car garage and driveway combination shall count as two (2)
off-street parking spaces for the subject unit, provided that the
driveway measures a minimum of eighteen (18) feet in length between
the face of the garage door and the right-of-way or between the face
of the garage door and a sidewalk, whichever distance is less.
(2)
A 2-car garage and driveway combination shall count as three
and one-half (3 1/2) off-street parking spaces for the subject
unit, provided that the driveway measures a minimum of twenty (20)
feet in width for a minimum eighteen (18) feet in length between the
face of the garage door and the right-of-way or between the face of
the garage door and a sidewalk, whichever distance is less.
(d)
Any recreation center or clubhouse shall be provided a minimum
of 0.25 off-street parking spaces per dwelling unit being served by
the facility.
(e)
All off-street parking spaces shall be located within one hundred
fifty (150) feet of the nearest building entrance providing access
to the residential units for which the parking spaces are provided.
(f)
No off-street parking spaces shall be located within forty (40)
feet of the Cliffwood Avenue right-of-way, nor within fifteen (15)
feet of any other tract boundary.
2.
Commercial and Other Nonresidential Uses:
(a)
Retail uses shall provide a minimum of four (4.0) parking spaces
per one thousand (1000) square feet of gross floor area.
(b)
Office uses shall provide 3.5 parking spaces per one thousand
(1000) square feet of gross floor area.
(c)
Hotel and motel uses shall provide a minimum of one (1.0) space
per room.
(d)
Restaurants, theaters and houses of worship shall provide a
minimum of one (1.0) space for every three (3) seats.
(e)
All other uses shall provide 3.5 parking spaces per one thousand
(1000) square feet of gross floor area.
3.
Shared Parking Arrangements. In addition to the above requirements
pursuant to the RSIS standards and exceptions, a shared parking arrangement
may be approved by the Planning Board where it can be shown to the
Board's satisfaction that the peak parking requirements of the various
residential and nonresidential uses occur at different times of the
day or week in the specific area(s) of the development where the parking
spaces are located.
(a)
The applicant shall first calculate the minimum number of parking
spaces required in accordance with subsections 25-6.11i1 and 2, hereinabove.
(b)
The calculated minimum number of parking spaces for each use
shall then be multiplied by the "occupancy rate" for the subject use
category in the following Parking Occupancy Rates Table in order to
produce an adjusted minimum requirement for each use for weekday and
weekend day, evening and night time periods:
|
PARKING OCCUPANCY RATES TABLE
| ||||||
|---|---|---|---|---|---|---|
|
Weekdays (a)
|
Weekends (a)
| |||||
|
Use
|
Day
(7:00 am-6:00 pm)
|
Evening
(6:00 pm-11:00 pm)
|
Night
(11:00 pm-7:00 am)
|
Day
(8:00 am-5:00 pm)
|
Evening
(5:00 pm-12:00 am)
|
Night
(12:00 am-8:00 am)
|
|
a. Retail Uses
|
85%
|
100%
|
5%
|
100%
|
90%
|
5%
|
|
b. Office Uses
|
100%
|
20%
|
5%
|
50%
|
5%
|
5%
|
|
c. Residential Dwelling
|
70%
|
95%
|
100%
|
90%
|
95%
|
100%
|
|
d. Hotel
|
60%
|
95%
|
100%
|
70%
|
95%
|
100%
|
|
e. Theater
|
55%
|
100%
|
5%
|
80%
|
100%
|
10%
|
|
f. All Other Uses
|
80%
|
80%
|
5%
|
80%
|
80%
|
5%
|
|
(a) Weekends are the period from
6:00 pm on Friday to 6:00 pm on Sunday. All other times are weekdays.
| ||||||
(c)
Subject to review and approval by the Planning Board's traffic
consultants, the sum of the adjusted minimum number of parking spaces
for each use for each time period shall be utilized in order to adjust
the minimum number of spaces to be required.
(d)
Again subject to review and approval by the Planning Board's
traffic consultants, the largest number of the adjusted minimum parking
spaces for each time period shall be the minimum number of shared
parking spaces required.
(e)
In any case, parking spaces reserved for specified individual
persons, positions, businesses or residences may not be used in the
shared parking analyses and, therefore, may not be reduced in number
by applying the occupancy rates in the table hereinabove.
j.
Perimeter Buffer and Open Space Requirements.
1.
The perimeter of the property shall contain a buffer easement area
no less than fifteen (15) feet in depth.
(a)
The designated buffer area shall be landscaped as approved by
the Planning Board.
(b)
Except for possible sidewalks and pathways, approved signage
and approved lighting, no other structures shall be permitted in the
designated buffer area, except that surface water management facilities
may be located within the buffer area along the southerly side of
the subject property adjacent to the Garden State Parkway right-of-way.
2.
Land area equal to a minimum of ten (10%) percent of the overall
redevelopment plan area shall be specifically set aside for usable
open space and shall be indicated on the submitted site plan drawings,
provided that the reviewing authority may approve a lesser percentage
of usable open space if, in the opinion of the reviewing authority,
sufficient areas and active and passive recreation facilities are
provided and are appropriately distributed throughout the development.
(a)
Land utilized for street rights-of-way, surface water management
facilities and perimeter buffer areas with no other utility shall
not be considered usable open space.
(b)
The open space may be arranged in any manner that facilitates
public access and use.
(c)
Such space must be accessible for use and enjoyment by the general
public, and shall include improvements to enhance the amenity of the
development such as landscaping features, furniture, sculptures, artwork,
etc.
(d)
Additionally, the open space shall be designed and arranged
to achieve the following:
(1)
Provision for usable place areas, recreation areas and/or equipment
made conveniently accessible to residents and visitors throughout
the site.
(2)
Establishment of public open space, including squares, plazas,
greens and parks as focal points to the development.
(3)
At least two (2) open space areas each shall measure not less
than ten thousand (10,000) square feet in area and at least one (1)
such area shall be appropriately sized and designed as a civic gathering
place for Township events.
(4)
The arrangement and configuration of all open spaces shall be
designed as illustrated on the February 12, 2010 "Open Space Diagram"
map for "The Glassworks" development, which was prepared by Torti
Gallas and Partners, Inc. and which appears on Page 8 of this redevelopment
plan.
k.
Architectural Design Requirements.
1.
General Architectural Requirements:
(a)
The exteriors of all buildings in the development, including
any accessory buildings, shall be architecturally compatible and shall
be constructed of complementary materials.
(b)
Architectural details, style, color, proportion and massing
shall create a pedestrian scale development.
(c)
The appearance of mega-buildings shall be avoided by not allowing
the same or very similar exterior design to be used along long expanses
of buildings; therefore, while even smaller units of design are encouraged,
no more than two hundred fifty (250) feet of continuous street frontage
may appear to have been designed by the same architect.
2.
Building and Parking/Loading Orientation.
(a)
All principal buildings shall have a front façade facing
a roadway and shall be designed to create a vertical edge to the streetscape.
(b)
In order to create a defining edge along the streetscape, a
building facade shall extend along a minimum of two-hundred (200)
feet of the property's street frontage, provided that the Planning
Board may reduce the building facade length due to alternative methods
proposed by the applicant to create a defining edge along a streetscape
and enable pedestrian circulation.
(c)
Off-street parking and loading areas shall be located to the
rear of the building (and, in limited situations, to the side of the
building) and shall be screened from public view and from adjacent
properties to the maximum extent feasible and in consideration of
the safety of pedestrians, bicyclists and car drivers.
3.
Building Entrances.
(a)
All entrances to a building shall be articulated utilizing architectural
elements such as lintels, pediments, pilasters, columns, porticoes,
porches, or overhangs.
(b)
Any such element utilized shall be architecturally compatible
with the style, materials, colors, door treatment and architectural
details of the overall building.
4.
Facade Treatments.
(a)
Building exteriors shall have vertical and/or horizontal offsets
to create visual breaks along each façade; long, monotonous,
uninterrupted walls are not permitted.
(b)
To the extent appropriate to the architectural design, building
wall offsets, including projections such as balconies and canopies,
recesses, and changes in floor levels shall be used to add architectural
interest and variety and to mitigate the visual appearance of a simple,
long wall.
(c)
Buildings with more than one (1) street frontage shall be designed
to have a front facade facing each frontage, and where a building
faces a driveway, the building also shall have a front facade facing
the driveway.
(d)
The architectural treatment of the front facade(s) shall be
continued in its major features around all visibly exposed sides of
a building.
(e)
All sides of a building shall be architecturally designed to
be consistent regarding style, materials, colors and details.
(f)
Natural materials such as wood composite and masonry are recommended.
High quality man-made materials also are permitted. Stucco may be
used only as an accent in limited areas.
(g)
Dormers, gables, windows and other similar design features shall
be provided across a building facade.
(h)
Each building shall have a sign band along the ground floor
façade for the location of wall-mounted signs.
5.
Roof Treatments.
(a)
Rooflines that mix flat and pitched components are encouraged.
(b)
Pitched roofs shall have a minimum five foot to twelve (5 to
12) foot pitch, except where otherwise approved by the Planning Board.
Both gable and hipped roofs shall provide overhanging eaves that extend
a minimum of one (1) foot beyond the building wall along all sides
of the building.
(c)
Buildings with flat roofs shall provide that all visibly exposed
walls have an articulated cornice that projects horizontally from
the vertical wall in order to create the appearance of a one and one-half
(1 1/2) to two and one-half (2 1/2) story facade.
(d)
Long, monotonous, uninterrupted roof planes are not permitted.
Roof-line offsets, dormers or gables shall be provided in order to
provide architectural interest and variety to the massing of a building
and to mitigate the visual appearance of a single, long roof.
6.
Window Treatments.
(a)
Windows shall be appropriately proportioned to the building.
(b)
The first story façade of retail, office and restaurant
buildings which faces a street and/or has a pedestrian access shall
have large-pane display windows which occupy at least seventy-five
(75%) percent of the first story facade.
(1)
The area of actual windows may be reduced by the Planning Board
in consideration of the needs of a particular use or for security
purposes.
(2)
However, where smaller windows are permitted, the design of
the facade must include materials outlining the size of the windows
equivalent to seventy-five (75%) percent of the first story facade,
within which the permitted smaller windows can be located.
7.
Additional Architectural Requirements.
(a)
All lighting, benches, trash receptacles and signage shall be
designed to be compatible with the architecture of the building(s).
(b)
The mechanical equipment serving the building(s) shall be screened
from public view by the design of the building and/or by landscaping
features integrated with the overall design of the building(s).
(c)
The materials used for all internal sidewalks and pathways connecting
buildings, parking areas and public areas to sidewalks along the street(s)
and to the Township's pathway network shall include decorative brick
or paving materials chosen to enhance the architecture of the building(s)
and the attractiveness of the site development.
l.
Lighting Requirements.
1.
Lighting shall be minimal for security, safety and operational purposes,
and a lighting plan shall be submitted indicating the location of
the lighting fixtures, the direction of illumination, the wattage
and isolux curves for each fixture, and the details of the lighting
poles and the luminaries. A point-by-point lighting plan also shall
be submitted as part of the lighting plan.
2.
The lighting is to be provided by decorative fixtures with a mounting
height not higher than sixteen (16) feet, except that a twenty (20)
foot mounting height shall be permitted at street intersections. The
lighting fixtures are to include non-glare lights with recessed lenses
focused downward and with "cut-off" shields as appropriate in order
to mitigate against adverse impacts upon adjacent and nearby properties,
the safety of traffic along adjacent roadways and overhead skyglow.
3.
The light intensity provided at ground level shall be indicated in
footcandles on the submitted plans and shall average not less than
five-tenths (0.5) footcandles at intersections and shall average not
more than one and one-half (1.5) footcandles throughout any area to
be illuminated. Lighting levels for pathways shall maintain an average
of approximately 0.25 footcandles along the pathways to be lighted.
4.
The lighting of any sidewalk and/or pathway shall be via bollard
lighting not more than four (4) feet in height and/or other decorative
fixtures with a mounting height not higher than twelve (12) feet.
5.
All lighting shall be operated and maintained by an association.
m.
Landscaping Requirements.
1.
The landscaping within "The Glassworks" development shall be prepared
by a licensed landscape architect and shall be conceived as a total
pattern throughout the development, integrating the various elements
of the architectural design of the buildings and creating an aesthetically
pleasing environment.
2.
The landscaping shall be in accordance with subsection 25-5.10 of this chapter and shall include shade trees, decorative flowering trees, evergreen trees, shrubs and hedges, ground cover, perennials and annuals, and may include other materials such as rocks, sculpture, art, walls, fences and decorative brick or paving materials provided, however, that street trees do not have to be planted in a linear configuration, and can be clustered in groupings so long as the total number of street trees is the same as if they had been planted in a linear configuration at forty (40) feet on center. Additionally, street trees shall have a caliper of two and one-half (2 1/2) inches.
n.
Signage Requirements.
1.
Permitted Wall-Mounted Sign Areas and Locations.
(a)
Wall-mounted signs shall be permitted on the front façade
of the ground floor of buildings fronting upon a street, except that
a hotel may have a wall-mounted sign attached to the upper façade
of the building.
(b)
No more than one (1) wall-mounted sign shall be permitted for
each tenant.
(c)
A wall-mounted sign shall not exceed an area equivalent to ten
(10%) percent of the area of the ground floor façade of the
building occupied by the subject tenant.
2.
Permitted Free-Standing Sign Areas and Locations.
(a)
Three freestanding signs shall be permitted if they are erected
within a common area and advertise at least four separate uses.
[Amended 3-1-2018 by Ord. No. 1-2018]
(b)
Two free-standing signs may be located along the Cliffwood Avenue
frontage of the property, with one at each entrance to the Glassworks
redevelopment project, and one free-standing sign may be located along
the Garden State Parkway frontage of the property.
[Amended 3-1-2018 by Ord. No. 1-2018]
(c)
The freestanding sign along Cliffwood Avenue shall not exceed
one hundred (100) square feet in area, shall not exceed fifteen (15)
feet in height, and shall be set back at least twenty (20) feet from
the street right-of-way and all property lines.
(d)
The freestanding sign along the Garden State Parkway shall not
exceed two hundred (200) square feet in area, shall not exceed twenty-five
(25) feet in height, and shall be set back at least twenty-five (25)
feet from the parkway right-of-way line and all property lines.
3.
Permitted Directional and Postal Number Signs.
(a)
A building shall have a postal number applied against the building
anywhere at the entrance area; the numbers shall not be more than
six (6) inches in height. Postal number signs shall not be included
in the calculation of permitted sign area.
(b)
Directional signs shall be permitted where specifically approved
by the Planning Board; no directional sign shall exceed three (3)
square feet in area or thirty (30) inches in height. Directional signs
shall not be included in the calculation of permitted sign area.
4.
Window Signs.
(a)
Tenant name and hours of operation may be etched or painted
on the glass portion of a door or window of an establishment, provided
that the letters shall not exceed four (4) inches in height.
(b)
Temporary unattached signs may be displayed in a window provided
that all such signs in aggregate occupy no more than ten (10%) percent
of the window area.
5.
Awning and Canopy Signs.
(a)
Signage in addition to the wall-mounted signage may be permitted
on an awning, canopy or on a hanging sign over a covered walkway if
such signage is secondary to the wall-mounted signage and is specifically
approved by the Planning Board.
(b)
The material of the awning or canopy shall be canvas cloth or
equivalent and, at its lowest point, shall be at least eight (8) feet
above the finished grade below.
(c)
The lettering of any signage on an awning, canopy or hanging
over a covered walkway shall not exceed six (6) inches in height.
6.
Portable Signs.
(a)
Portable signs advertising daily specials, such as sandwich
boards, shall be permitted only during normal business hours or special
extended business hours.
(b)
Only one (1) portable sign shall be permitted per tenant.
(c)
Portable signs shall not exceed five (5) square feet in area
and shall be placed directly in front of the business upon the sidewalk
in a location not obstructing the pedestrian walk area.
o.
First Floor Building Occupancy Requirements.
1.
The ground floor area of buildings along the primary commercial streets
within the development must be fully occupied by retail uses for the
sale of goods and services.
2.
The ground floor area of buildings along the secondary commercial
streets within the development must have at least fifty (50%) percent
of the area occupied by retail uses for the sale of goods and services.
p.
Minimum Ceiling Heights.
1.
Retail spaces shall have a minimum ceiling height of twelve (12)
feet, but an eighteen (18) foot height is preferred to permit the
insertion of a partial mezzanine level.
2.
Office spaces and other nonresidential uses shall have a minimum
ceiling height of nine (9) feet.
3.
Residential units shall have a minimum ceiling height of eight (8)
feet.
r.
Screening of Waste Collection and Loading Areas.
1.
Waste collection areas that are not within an enclosed building must
be screened so that they are not visible from public streets, public
sidewalks, internal pedestrian walkways or from residential properties.
2.
Loading areas must be enclosed or adequately screened so that they
are not visible from public streets, public sidewalks, internal pedestrian
walkways or from adjacent uses.
s.
Performance Standards.
1.
Regarding noise emissions, a noise mitigation plan must be provided
that indicates how noise will be mitigated to comply with noise regulations
promulgated by the New Jersey Department of Environmental Protection.
Furthermore, any nonresidential use sharing a building or otherwise
in proximity with any residential unit shall mitigate operational
noise levels that may create a nuisance to residents, either through
noise mitigation barrier technology, architectural design and/or through
limitations on business practices and operations.
2.
Regarding vibration, any nonresidential use sharing a building or
otherwise in proximity with any residential unit shall mitigate operational
vibration levels that may create a nuisance to residents, either through
vibration mitigation barrier technology, architectural design and/or
through limitations on business practices and operations.
3.
Regarding odors, no odors generated by a nonresidential use in a
building shall be discernible into adjacent uses, particularly any
residential portion of the building. Moreover, no odor may be vented
within thirty (30) feet of any operable window, and no odor may be
vented below the second story of any building
t.
Maintenance of Common Elements. A single controlling entity, such
as a commercial owner's association or a single owner of the entire
development, shall be established for the maintenance of the landscaping,
multiple tenant signs, open space areas, surface water management
facilities, lighting and other common elements or shared structures
and facilities.
u.
Requirements for Initial Preliminary Site Plan Approval.
2.
However, prior to submitting plans in accordance with subsection 25-8.4 of the LDO, the applicant shall submit an initial preliminary site plan for review and approval by the Planning Board. Any approval of the initial preliminary site plan shall be conditioned upon the submission, review and approval of a preliminary site plan in accordance with subsection 25-8.4 of the LDO.
3.
The purpose of the initial preliminary site plan (IPSP) is to afford
the developer and the Planning Board to review and agree upon the
design and parameters of the plan prior to finalizing the details
of the plan.
4.
The IPSP application shall include the following information and material, and submission waivers from other requirements for a preliminary site plan submission may be favorable considered by the Planning Board since they later shall be provided when a preliminary site plan is submitted in accordance with subsection 25-8.4 of the LDO:
(a)
Eighteen (18) copies of the IPSP shall be submitted to the Secretary
of the Planning Board at least three (3) weeks prior to the meeting
of the Board at which the applicant wishes to be heard.
(1)
Each IPSP shall be drawn by a professional engineer and/or land
surveyor licensed to practice in the State of New Jersey and shall
bear the signature, seal, license number and telephone number of the
said professional engineer and/or land surveyor; provided, however,
that all engineering data shall be signed and sealed by a professional
engineer and all surveying data shall be signed and sealed by a professional
land surveyor.
(2)
Each IPSP shall be drawn at an appropriate scale not less than
one (1) inch equals one hundred (100) feet and shall be submitted
on one (1) of four (4) of the following standard sheet sizes (8-1/2"
x 13"; 15" x 21"; 24" x 36"; 30" x 42"). If one (1) sheet is not sufficient
to contain the entire tract, the map may be divided into sections
to be shown on separate sheets of equal sizes, with reference on each
sheet to the adjoining sheets.
(b)
Certification that the applicant or applicants is/are the owner(s)
of the subject land or is/are a properly authorized agent, or that
the owner of a property has given his or her consent under an option
agreement.
(c)
Certification from the Township Tax Collector that all taxes
and assessments have been paid to date.
(d)
A key map showing the entire tract and its relation to the surrounding
areas.
(e)
A title block in accordance with the rules governing title blocks
for professional engineers (N.J.S.A. 45:8-36), including:
(1)
Name of development, Township of Aberdeen, Monmouth County,
New Jersey, with each sheet specifically titled with appropriately
descriptive words;
(2)
Name, title, address and telephone number of applicant;
(3)
Name, title, address, telephone number, license number and signature
of the professional or professionals who prepared the plan;
(4)
Name, title and address of the owner or owners of record;
(5)
Scale (written and graphic); and
(6)
Date of original preparation and of each subsequent revision
thereof and a list of the specific revisions entered on each sheet.
(f)
North arrow and meridian.
(h)
Acreage to the nearest tenth of an acre and a computation of
the area of the tract to be disturbed.
(i)
The names and lot and block numbers of all property owners within
two hundred (200) feet of the extreme limits of the tract as shown
on the most recent tax list prepared by the Township Tax Assessor.
(j)
A Land Use Plan indicating the entire tract which shall include
the following:
(1)
Both maps and text indicating the specific land areas to be
devoted to specific land uses;
(2)
Residential land areas specifically indicating the acreage,
density and the type of dwelling units proposed;
(3)
The conceptual footprints of all proposed buildings with typical
dimensions;
(4)
The approximate and maximum height of all proposed buildings;
(5)
The location of parking areas and the number of parking spaces;
(6)
Typical distances between buildings, from tract boundary lines
and between adjacent land areas devoted to a different type of land
use; and
(7)
General calculations of impervious surface coverage, disaggregating
building coverage from parking, driveway, and street coverage.
(k)
An Open Space And Recreation Plan indicating the general location
of the land areas to be devoted to open space, conservation, and recreational
purposes, including a general description of the improvements proposed
to be made thereon and a plan for the operation and maintenance of
said land areas. Documentation should accompany the Open Space and
Recreational Plan showing that the requirements of this ordinance
regarding open space in the IPSP have been satisfied.
(l)
A Traffic Circulation Plan showing the general location and
types of transportation facilities, indicating all proposed collector
and local streets, and all proposed improvements to existing roads.
(1)
Moreover, the plan should indicate how the overall road network
relates to the terrain, to the overall design of the "The Glassworks"
development, to plans of the State of New Jersey and of Monmouth County,
if any, and to the road networks of the Township and neighboring municipalities.
(2)
A general assessment of the traffic impact of the proposed development
shall be provided and shall include estimated levels of service and
projections of traffic to be generated for peak hours.
(m)
A Pedestrian Circulation Plan showing the general location and
types of facilities for pedestrian access within the "The Glassworks"
development.
(n)
A Utility Plan indicating the general location of existing and
proposed sewer and water lines, pump stations, water supply wells,
sewage treatment plants and proposed methods for handling solid waste
disposal. Additionally, tract connections to electric, gas, cable,
and telephone facilities shall be generally indicated and a plan for
the operations and maintenance of the proposed utilities shall be
submitted.
(o)
A Storm Water Management Plan indicating in general terms the
proposed method of controlling and draining water on and from the
site, and including sufficient supportive calculations as required
by the Township Engineer in order to ascertain the adequacy of the
plan. Additionally, a conceptual description of the intended Soil
Erosion and Sediment Control Plan shall be provided.
(p)
A Community Facilities Plan indicating the scope and type of
supporting community facilities to be provided.
(q)
A Housing Plan indicating the number of affordable housing units
to be provided within "The Glassworks" development and compliance
with the requirements of this ordinance and the "Substantive Rules"
of the New Jersey Council On Affordable Housing (COAH).
(r)
An Environmental Inventory including a general description of
the vegetation, soils, topography, geology, surface hydrology, climate
and cultural resources of the site, existing man-made structures or
features and the probable impact of the development on the environmental
attributes of the site.
(s)
A Proposed Timing Schedule where the "The Glassworks" development
is intended to be developed over a number of years, indicating the
areas to be developed in each stage and the priority of each stage.
The eventual development of each stage should be related to the Land
Use Plan, the Traffic Circulation Plan, the Storm Water Management
Plan and the Utility Plan in order to ensure that the Proposed Timing
Schedule is a workable one and that the interests of the public and
the residents who occupy any section of the development prior to the
completion of the development in its entirety will be protected.
(t)
A Local Service Plan indicating the public services which the
applicant proposes to provide and which shall include, but not be
limited to, water, sewer, cable and solid waste disposal.
(u)
A Community Impact Fiscal Report describing the anticipated
demographic, school and fiscal costs and benefits of the "The Glassworks"
development, including a detailed projection of property tax revenues
which will accrue to the Township, County and Board of Education.
(v)
A Redevelopment Agreement, in writing, providing for the effectuation
of any agreements between the developer and the Township, including
a schedule of payments for off-tract improvements and contributions
relating to road improvements, utility improvements and the affordable
housing obligations.
[Ord. No. 11-2010 § 3; Ord. No. 20-2010 § 3]
a.
Purpose. In accordance with N.J.A.C. 5:97-6.4 of COAH's "Third Round
Substantive Rules," the "IH" Inclusionary Housing Overlay Zone provisions
are created for the construction of affordable housing units in accordance
with the "Housing Plan Element & Fair Share Plan" portion of the
Aberdeen Township Master Plan, the rules of the New Jersey Council
On Affordable Housing (COAH) for site specific "Zoning For Inclusionary
Development," and other applicable COAH rules.
b.
Property Description.
1.
The subject overlay zones contains two (2) properties, including
approximately 17.52 acres of land situated along the north side of
County Road and approximately 7.8 acres of land situated on the northeast
side of Route 34, south of Wellington Drive.
2.
The County Road property is identified as Block 196.04/Lot 27 and
Block 228/Lots 1 & 2 on the Aberdeen Township Tax Maps, and the
Route 34 property is identified as Block 114/Lot 4.
c.
Conceptual Development Plans for the Subject Properties.
1.
Regarding the County Road property, a concept plan for a development
known as "Renaissance At Aberdeen" appears on Page 47 of the Township's
November 25, 2008 "Housing Plan Element And Fair Share Plan" document,
which was adopted by the Planning Board and then forwarded to COAH
for "Substantive Certification" by the Aberdeen Township Council on
December 30, 2008.
(a)
An updated concept plan, entitled "Feasibility Sketch-5" and
dated June 24, 2010, has been prepared by WJH Engineering, is included
in the July 1, 2010 "Fair Share Plan Amendment," and is the concept
plan referred to in this subsection.
(b)
It is understood that the June 24, 2010 concept plan may be
changed/modified as a result of engineering details and site plan
review by the Aberdeen Township Planning Board.
2.
Regarding the Route 34 property, a concept plan for a development
known as the "Villages At Aberdeen" was prepared by CMX and is dated
October 3, 2006.
(a)
The concept plan was revised through February 13, 2009, and
it is the revised concept plan that is referred to in this subsection.
(b)
It is understood that the February 13, 2009 revised concept
plan will be changed/modified as a result of engineering details and
site plan review by the Aberdeen Township Planning Board.
3.
Regarding both of the concept plans, it is intended that the final
development of the subject properties within the "IH" Inclusionary
Housing Overlay Zone be generally in accordance with the above noted
concept plans.
d.
Principal Permitted Uses on the Land and in Buildings.
1.
Townhouse units on the County Road property and on the Route 34 property,
each not exceeding the following number of units and densities on
the subject properties:
(a)
The development on the County Road property (previously known
as "Renaissance At Aberdeen") shall not contain more than one hundred
fifteen (115) family townhouse dwelling units at a density not to
exceed 6.6 dwelling units per gross acre of land and with no unit
containing more than three (3) bedrooms. Market rate units shall be
for sale.
(b)
The "Villages At Aberdeen" development on the Route 34 property
shall not contain more than sixty-two (62) family townhouse dwelling
units for sale and shall not exceed a gross density of 8.2 dwelling
units per acre.
2.
Public parks, conservation areas, open space, common space and public
purpose uses.
e.
Low- and Moderate-Income Housing Requirements.
1.
The development on the County Road property shall provide a thirty-two
(32%) percent set-aside of affordable family townhouse units for rent,
or a minimum of thirty-seven (37) units.
(a)
The thirty-seven (37) affordable family townhouse units for
rent shall be located on the County Road property and shall not be
required to be interspersed among the market-rate units throughout
the development.
(b)
Of the thirty-seven (37) affordable family units for rent, eighteen
(18) shall be occupied by moderate-income households, and nineteen
(19) shall be occupied by low-income households.
(c)
The restricted housing units shall be affordable units in accordance
with all applicable requirements of the "Third Round Substantive Rules"
of the New Jersey Council Of Affordable Housing (COAH).
2.
The "Villages At Aberdeen" development on the Route 34 property shall
provide a thirteen (13%) percent set-aside of affordable family townhouse
units for rent or sale, or a minimum of eight (8) units.
(a)
The eight (8) affordable family townhouse units for rent or
sale shall be located on the Route 34 property and shall be interspersed
among the market-rate units throughout the development, unless the
applicant can prove that tax credit funding will be obtained if the
affordable units are not interspersed.
(b)
Of the eight (8) affordable family units for rent or sale, four
(4) shall be occupied by moderate-income households, and four (4)
shall be occupied by low-income households.
(c)
The restricted housing units shall be affordable units in accordance
with all applicable requirements of the "Third Round Substantive Rules"
of the New Jersey Council Of Affordable Housing (COAH).
f.
Accessory Uses Permitted.
1.
Common recreational facilities, recreation centers and/or clubhouses
as specifically approved by the Planning Board within specified open
space areas in order to satisfy the needs of the residential population
in the development.
2.
Landscaping features including benches, trellises, gazebos and other
such features customarily associated with the permitted principal
uses, as the case may be.
3.
Underground sprinkler systems, provided that the water spray does
not extend beyond the open space area or beyond the property lines.
4.
Fences and walls shall only be permitted if specifically proposed
by the developer and approved by the Planning Board as part of the
site plan approval and/or if a standard for the location and type
of the fences and/or walls has been approved by the Planning Board
as part of the site plan approval and has been included in the homeowners'
association documents.
5.
Patios and decks in the side or rear yard areas of a dwelling unit,
provided that no patio or deck shall be permitted unless a standard
for such patios and/or decks has been approved by the Planning Board
as part of the site plan approval and has been included in the homeowners
association documents.
g.
Maximum Building Height.
1.
No building containing townhouse dwelling units shall exceed thirty-eight
(38) feet in height and three (3) stories, except that chimneys shall
have no height restrictions. Moreover, where applicable, the height
of a building shall be measured on the side facing an internal courtyard
and/or on the front side of a townhouse unit; walk-out basements at
the rear of a building are not to be calculated into the overall height
of a building.
2.
No recreation center building or clubhouse building shall exceed
thirty (30) feet in height and two and one-half (2 1/2) stories,
except that chimneys shall have no height restrictions, and no other
accessory building, as may be approved by the Planning Board, shall
exceed fifteen (15) feet in height and one and one-half (1 1/2)
stories.
h.
Yard and Distance Requirements for Townhouse Buildings. Minimum distances
between townhouse buildings shall be measured horizontally in feet
and shall be measured away from the front, side and rear of each building.
The total minimum separation between the buildings shall be the sum
of the two (2) abutting distances, and each building shall have one
(1) front, one (1) rear and two (2) side yards:
1.
The minimum distances shall be twenty-five (25) feet for the front
of a building; twenty (20) feet for the side of a building; and twenty
(20) feet for the rear of a building;
2.
No portion of any building shall be closer to any portion of any
other building than the combined distances of the abutting requirements
for each building, providing that the corner of a building off-set
more than a fifteen (15) degree angle from a line drawn parallel to
another building shall be considered a side of the building and the
building separation requirement, therefore, shall be forty (40) feet
for townhouses; and
3.
In any case, and notwithstanding the distances specified hereinabove,
no building shall be located closer than fifty (50) feet to the right-of-way
line of any existing public street, thirty (30) feet to any tract
boundary line, twenty (20) feet to the right-of-way line of any private
internal street, and ten (10) feet to any off-street parking area.
i.
Requirements for Buildings. All buildings shall have a dual pitched,
single ridge roof (such as gable, hip, gambrel or mansard roof) with
a minimum pitch of one (1) foot vertical to eight (8) feet horizontal,
and no flat roof shall be permitted; provided, however, that where
roof mounted equipment is necessary and/or preferable for the operation
of the building, a facade roof treatment exhibiting the appearance
of such a dual pitched, single ridge roof may be permitted if specifically
approved by the Planning Board as part of a submitted site plan application
for development.
j.
Off-Street Parking, Private Garages and Driveways.
1.
Notwithstanding any other ordinance provisions to the contrary, each
individual use shall be provided off-street parking spaces according
to the following minimum provisions, provided that, in accordance
with the Residential Site Improvement Standards (RSIS), the Planning
Board can grant a deminimis exception and design waiver for a lesser
number of parking spaces if the applicant can demonstrate that a lesser
number of spaces is sufficient.
(a)
Townhouses shall be provided 1.8 off-street spaces for each
1-bedroom unit, 2.3 spaces for each 2-bedroom unit, and 2.4 spaces
for each 3-bedroom townhouse unit. Where the bedroom count per dwelling
unit is not specified, 2.3 spaces per unit shall be provided.
(b)
For townhouses, each garage space shall be counted as 1.0 off-street
parking space, regardless of the length of the driveway.
(1)
A one-car garage and driveway combination shall count as two
(2) off-street parking spaces for the subject unit, provided that
the driveway measures a minimum of eighteen (18) feet in length between
the face of the garage door and the right-of-way or between the face
of the garage door and a sidewalk, whichever distance is less.
(2)
A two-car garage and driveway combination shall count as three
and one-half (3 1/2) off-street parking spaces for the subject
unit, provided that the driveway measures a minimum of twenty (20)
feet in width for a minimum eighteen (18) feet in length between the
face of the garage door and the right-of-way or between the face of
the garage door and a sidewalk, whichever distance is less.
2.
All off-street parking spaces shall be on the same site as the use
they are intended to serve and shall be located within one hundred
fifty (150) feet of the nearest building entrance providing access
to the subject use.
3.
No off-street parking area or internal roadway shall be located within
fifty (50) feet of any tract boundary.
k.
Trash and Recycling Requirements. Unless the curb-side pickup of
trash and recyclable materials is proposed by the applicant and approved
by the Planning Board, an indoor or outdoor recycling area for the
collection and storage of residentially-generated trash and recyclable
materials shall be provided as follows:
1.
The trash and recyclable material collection and pickup location
shall be provided either within the building being served or in a
location outside the building.
2.
If located outside the building, the trash and recyclable materials
area shall include a steel-like, totally enclosed trash and garbage
container, finished with materials used to construct the building(s)
being served, and located in a manner to be obscured from view from
parking areas, streets and adjacent residential uses or zoning districts
by a fence, wall, planting or combination of all three (3).
3.
The dimension of the recycling area shall be consistent with the
district recycling plan adopted pursuant to Section 3 of P.L. 1987,
c. 102 (N.J.S.A. 13:1E-99.13), as amended, and shall be sufficient
to accommodate recycling bins or containers which are of adequate
size and number, and which are consistent with anticipated usage and
with current methods of collection in the area in which the project
is located.
5.
The area provided for the collection and pickup of recyclable materials
shall be well lit and shall be safely and easily accessible by recycling
personnel and vehicles. Collection vehicles shall be able to access
the recycling area without interference from parked cars or other
obstacles. Reasonable measures shall be taken to protect the recycling
area, and the bins or containers placed therein, against theft of
recyclable materials, bins or containers.
6.
The area provided for the collection and pickup of recyclable materials,
and the bins or containers placed therein, shall be designed so as
to provide protection against adverse environmental conditions which
might render the collected materials unmarketable. Any bins or containers
which are used for the collection of recyclable paper or cardboard,
and which are located in an outdoor recycling area, shall be equipped
with a lid, or otherwise covered so as to keep the paper or cardboard
dry.
7.
Signs clearly identifying the area provided for the collection and
pickup of recyclable materials shall be posted adjacent to all points
of access to the recycling area. Individual bins or containers shall
be equipped with signs indicating the materials to be placed therein.
8.
Landscaping, at least six (6) feet in height, shall be provided around
any outdoor recycling area.
l.
Permitted Signage.
1.
One (1) ground mounted freestanding sign identifying the name of
the development no larger than forty (40) square feet shall be permitted
at the entrance to the development from an existing public street.
(a)
The sign shall not exceed ten (10) feet in height and shall
be set back at least twenty (20) feet from all street and property
lines.
(b)
Any sign illumination shall be external to the sign and shall
be designed and oriented to prevent any sight of the lamp from any
street or neighboring properties.
2.
Additional signage within the interior of the site may be approved
by the Planning Board for directional purposes or for other good cause
shown by the applicant as part of the site plan approval.
m.
Required Recreational Facilities. An "IH" development shall provide
on-site recreational amenities within the specified open space in
order to satisfy the needs of the anticipated residential population
of the development as may be approved by the Planning Board.
1.
A minimum area of ten thousand (10,000) square feet in size, at least
seventy-five (75) feet in width with a grade less than five (5%) percent,
is required to be developed for active recreation in any "IH" development.
2.
All recreational facilities shall adhere to the standards set forth
in the Barrier Free Subcode of the Uniform Construction Code of the
State of New Jersey.
n.
General Requirements and Exceptions.
1.
Any "IH" development shall be planned and developed with a common
architectural theme which shall be subject to review and approval
by the Planning Board; the architectural theme shall include the appearance
of buildings, signing, fencing, lighting, paving, curbing, and landscaping.
2.
No development or improvements shall be placed on naturally occurring slopes of twenty (20%) percent or greater unless the developer can establish relief in accordance with the provisions of subsection 25-6.8l, "Steep Slopes," and submits a geotechnical report. Development also shall not occur on wetlands and floodways except as specified in subsections 25-4.8 and 25-6.8.
3.
Any "IH" development shall require that adequate public sewerage
and potable water be provided.
4.
No construction permit shall be issued for any dwelling unit, an
addition thereto, or for an accessory structure unless the proposed
construction is in accordance with the site plan as approved by the
Planning Board. After the initial approval of the site plan, no application
for a construction permit will be accepted by Aberdeen Township for
processing unless the application is accompanied by a statement from
the homeowners association that the proposed construction has been
approved by the homeowners association.
5.
For any "IH" development, the required setback for any residential
unit or building from any proposed detention or retention basin, pond,
lake or other water body or course as set forth in subsection 25-4.1g1
shall be a minimum of fifty (50) feet.
6.
The required buffer area width between any "IH" development and any existing single-family residential development or zoning district shall be fifty (50) feet and shall be in accordance with the requirements of subsection 25-5.5.
7.
The landscaping requirements of subsection 25-5.10 shall reasonably be applied to any "IH" development, except that the requirements of subsection 25-5.10o of the "LDO" for a Tree Removal and Replacement Plan shall not apply, provided that the removal of existing trees in the "IH" development is the minimum necessary.
[Ord. No. 16-2012 § 7; Ord. No. 12-2015]
a.
Purposes. The purposes of the "Mixed Use Inclusionary Redevelopment
In Section II Of The Train Station Redevelopment Area" include the
following:
1.
To eliminate the currently existing, vacant, obsolete and deteriorated
manufacturing facilities that substantially impair the sound growth,
planning and functioning of the subject area of Aberdeen Township.
2.
To remediate any and all environmental problems associated with the
"Brownfield" site to restore its environmental integrity.
3.
To diversify the housing stock within Aberdeen Township.
4.
To create a site plan design generally in accordance with the June
7, 2012 "Conceptual Site Plan" for "Chase Signature At Aberdeen Station"
prepared by Hammer Land Engineering.
5.
To provide standards and guidelines in order to assure that the appearance
and design of buildings, parking areas, streetscapes, landscaping
and open spaces support a positive pedestrian experience.
b.
The Permitted Maximum Number of Residential Units. The mixed-use
inclusionary development in Section II of the Train Station Redevelopment
Area shall include up to one hundred twenty-three (123) total residential
apartment units including twenty-three (23) units to be affordable
family rental units set aside for occupancy by eligible COAH households
in accordance with all applicable COAH rules, with seven (7) affordable
units included in Phase 1 and sixteen (16) affordable units included
in Phase 2.
c.
The Required Minimum Area of Retail and Other Nonresidential Space.
The mixed-use inclusionary development in Section II of the Train
Station Redevelopment Area shall include no less than eight thousand
(8,000) square feet of retail and other permitted nonresidential space.
d.
Principal Permitted Uses on the Land and in Buildings.
1.
Apartment dwelling units, including units within freestanding buildings
and units above the first floor of buildings with nonresidential uses
on the first floor, provided that:
2.
Retail sales of goods and services.
3.
Offices.
4.
Restaurants, excluding drive-through windows.
5.
Public parks, conservation areas, open spaces, common spaces and
public purpose uses.
e.
Accessory Uses Permitted.
1.
Common recreational facilities as specifically approved by the Planning
Board within specified open space areas in order to satisfy the needs
of the residential population within the development, including a
clubhouse area and swimming pool.
2.
Landscaping features, including benches, trellises, gazebos and other
such features customarily associated with the permitted principal
uses, as the case may be.
3.
Outdoor amenity and seating areas associated with the retail, restaurant
and office uses.
4.
Underground sprinkler systems within specified open space areas,
provided that the water spray does not extend beyond the open space
area.
5.
Fences and walls only if specifically approved by the Planning Board
as part of the site plan approval.
f.
Maximum Building Height.
1.
No building shall exceed four (4) stories and sixty-five (65) feet
in height.
2.
Penthouses or roof structures for the housing of stairways, ventilating
fans, air conditioning equipment and similar equipment required for
the operation of the building, skylights, spires, cupolas, chimneys
or similar structures may be erected above the height requirements,
but in no case shall more than eighteen (18) feet be added in height.
h.
Off-Street Parking Requirements.
1.
Permitted nonresidential uses shall provide three (3.0) parking spaces
per one thousand (1000) square feet of gross floor area.
2.
Apartment dwelling units shall be provided parking in accordance
with the applicable requirements of the State of New Jersey's "Residential
Site Improvement Standards" (RSIS), which are 1.8 off-street spaces
for each 1-bedroom unit, 2.0 spaces for each 2-bedroom unit, and 2.1
spaces for each 3-bedroom apartment unit, provided that the following
exceptions permitted by the RSIS shall apply:
(a)
"Alternative parking standard to those shown in Table 4.4 [of
the RSIS] shall be accepted if the applicant demonstrates these standards
better reflect local conditions" [see N.J.A.C. 5:21-4.14 (c)]; and/or
(b)
"When, in the judgment of the local approving authority, on-street
parking is available, then only that proportion of the parking requirement
which is not available on the street shall be provided in off-street
parking facilities. A length of 23 feet per on-street parking space
shall be used in calculating the number of available on-street parking
spaces" [see N.J.A.C. 5:21-4.14 (f)].
3.
In addition to the above requirements and the RSIS permitted exceptions,
a shared parking arrangement may be approved by the Planning Board
where it can be shown to the Board's satisfaction that the peak parking
requirements of the residential and nonresidential uses occur at different
times of the day or week in the specific area(s) of the development
where the parking spaces are located.
i.
Open Space Requirements.
1.
Land area equal to a minimum of ten (10%) percent of the overall
redevelopment plan area shall be specifically set aside for usable
open space and shall be indicated on the submitted site plan drawings,
provided that the Planning Board may approve a lesser percentage of
usable open space if, in the opinion of the Board, sufficient areas
and active and passive recreation facilities are provided and are
appropriately distributed throughout the development.
(a)
Land utilized for vehicular rights-of-way and surface water
management facilities shall not be considered usable open space.
(b)
Outdoor amenity and seating areas associated with the retail,
restaurant and office uses shall be considered open space if they
include landscaping features, furniture, sculptures, artwork, etc.
(c)
The open space may be arranged in any manner that facilitates
public access and use.
2.
The open space may include areas and facilities restricted for use
only by the residents of the development. This may include enclosed
areas to meet the open space requirement.
[Ord. No. 12-2015]
j.
Architectural Design Requirements.
1.
The exteriors of all buildings in the development, including any
accessory buildings, shall be architecturally compatible and shall
be constructed of complementary materials.
2.
Architectural details, style, color, proportion and massing shall
create a pedestrian scale development.
3.
Building exteriors shall have vertical and/or horizontal offsets
to create visual breaks along each façade to avoid the appearance
of long, monotonous, uninterrupted walls.
4.
The architectural treatment of the front façade(s) shall be
continued in its major features around all visibly exposed sides of
a building.
5.
All sides of a building shall be architecturally designed to be consistent
regarding style, materials, colors and details.
6.
All entrances to a building shall be articulated utilizing architectural
elements such as lintels, pediments, pilasters, columns, porticoes,
porches, or overhangs.
7.
The mechanical equipment serving the buildings shall be screened
from public view by the design of the buildings.
8.
All lighting, benches, trash receptacles and signage shall be designed
to be compatible with the architecture of the buildings.
9.
The materials used for all internal sidewalks and pathways connecting
buildings, parking areas and public areas to sidewalks along the streets
shall include decorative brick or paving materials chosen to enhance
the architecture of the buildings and the attractiveness of the site
development.
k.
Lighting Requirements.
1.
Lighting shall be minimal for security, safety and operational purposes,
and a lighting plan shall be submitted indicating the location of
the lighting fixtures, the direction of illumination, the wattage
and isolux curves for each fixture, and the details of the lighting
poles and the luminaries. A point-by-point lighting plan also shall
be submitted as part of the lighting plan.
2.
The lighting is to be provided by decorative fixtures with a mounting
height not higher than twenty (20) feet. The lighting fixtures are
to include non-glare lights with recessed lenses focused downward
and with "cut-off" shields as appropriate in order to mitigate against
adverse impacts upon adjacent and nearby properties, the safety of
traffic along adjacent streets and overhead skyglow.
3.
The light intensity provided at ground level shall be indicated in
footcandles on the submitted plans and shall average not less than
five-tenths (0.5) footcandle at intersections and shall average not
more than two (2.0) footcandle throughout any area to be illuminated.
Lighting levels for pathways shall maintain an average of approximately
0.25 footcandle along the pathways to be lighted.
l.
Landscaping Requirements.
1.
The landscaping within the development shall be prepared by a licensed
landscape architect and shall be conceived as a total pattern throughout
the development, integrating the various elements of the architectural
design of the buildings and creating an aesthetically pleasing environment.
2.
The landscaping shall be in accordance with subsection 25-5.10 of this ordinance and shall include shade trees, decorative flowering trees, evergreen trees, shrubs and hedges, ground cover, perennials and annuals, and may include other materials such as rocks, sculpture, art, walls, fences and decorative brick or paving materials.
m.
Signage Requirements. All signage shall be as specifically approved
by the Planning Board as part of its site plan review and approval
of the development.
1.
Directional and Postal Number Signs.
(a)
A building may have a postal number applied against the building
anywhere at the entrance area; the numbers shall not be more than
six (6) inches in height.
(b)
Directional signs shall be permitted where specifically approved
by the Planning Board; no directional sign shall exceed three (3)
square feet in area or thirty (30) inches in height.
2.
Wall-Mounted Signs for Nonresidential Uses.
(a)
Wall-mounted signs shall be permitted on the front façade
of the ground floor of buildings which front upon a street and contain
nonresidential uses.
(b)
No more than one (1) wall-mounted sign shall be permitted for
each tenant.
(c)
A wall-mounted sign shall not exceed an area equivalent to ten
(10%) percent of the area of the ground floor façade of the
building occupied by the subject tenant.
(d)
Each building shall have a sign band along the ground floor
façade for the location of the wall-mounted signs.
3.
Window Signs for Nonresidential Uses.
(a)
Tenant name and hours of operation may be etched or painted
on the glass portion of a door or window of an establishment, provided
that the letters shall not exceed four (4) inches in height.
(b)
Temporary unattached signs may be displayed in a window provided
that all such signs in aggregate occupy no more than ten (10%) percent
of the window area.
4.
Awning and Canopy Signs for Nonresidential Uses.
(a)
Signage in addition to the wall-mounted signage may be permitted
on an awning, canopy or on a hanging sign over a covered walkway if
such signage is secondary to the wall-mounted signage and is specifically
approved by the Planning Board.
(b)
The material of the awning or canopy shall be canvas cloth or
equivalent and, at its lowest point, shall be at least eight (8) feet
above the finished grade below.
(c)
The lettering of any signage on an awning, canopy or hanging
over a covered walkway shall not exceed six (6) inches in height.
5.
Portable Signs.
(a)
Portable signs advertising daily specials, such as sandwich
boards, shall be permitted only during normal business hours or special
extended business hours.
(b)
Only one (1) portable sign shall be permitted per tenant.
(c)
Portable signs shall not exceed five (5) square feet in area
and shall be placed directly in front of the business upon the sidewalk
in a location not obstructing the pedestrian walk area.
n.
Trash and Recycling Requirements.
1.
An indoor or outdoor trash and recycling area for the collection
and storage of trash and recyclable materials shall be provided as
follows:
(a)
The trash and recyclable material collection and pickup location
shall be provided either within the building being served or in a
location outside the building.
(b)
If located outside the building, the trash and recyclable enclosure
shall be at least eight (8) feet high and shall be finished with materials
used to match the building(s) being served.
(c)
The dimension of the recycling area shall be consistent with
the district recycling plan adopted pursuant to Section 3 of P.L.
1987, c. 102 (N.J.S.A. 13:1E-99.13), as amended, and shall be sufficient
to accommodate recycling bins or containers which are of adequate
size and number, and which are consistent with anticipated usage and
with current methods of collection in the area in which the project
is located.
(e)
The area provided for the collection and pickup of trash and
recyclable materials shall be well lit and shall be safely and easily
accessible by trash and recycling personnel and vehicles. Collection
vehicles shall be able to access the trash/recycling area without
interference from parked cars or other obstacles.
(f)
The area provided for the collection and pickup of recyclable
materials, and the bins or containers placed therein, shall be designed
so as to provide protection against adverse environmental conditions
which might render the collected materials unmarketable. Any bins
or containers which are used for the collection of recyclable paper
or cardboard, and which are located in an outdoor recycling area,
shall be equipped with a lid, or otherwise covered so as to keep the
paper or cardboard dry.
(g)
Signs clearly identifying the area provided for the collection
and pickup of recyclable materials shall be posted adjacent to all
points of access to the recycling area. Individual bins or containers
shall be equipped with signs indicating the materials to be placed
therein.
(h)
To the extent possible, landscaping, at least six (6) feet in
height, shall be provided around any outdoor trash and recycling area.
o.
Maintenance of Common Elements. A single controlling entity, such
as an owners' association or a single owner of the entire development,
shall be established for the maintenance of the landscaping, signs,
open space areas and facilities, lighting and any other common elements
or shared structures and facilities.
[Added 7-22-2021 by Ord. No. 11-2021]
a.
Cannabis
Establishments, Distributor and Delivery Services as Permitted Conditional
Use.
1.
The redevelopment plan is amended and supplemented as follows:
(a)
The definitions set forth in the New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A.
24:6I-1 et seq. (the "Act"), are incorporated herein and the relevant
terms shall have the same meaning and definition as set forth in the
Act.
(b)
A cannabis retailer as defined in the Act is a prohibited use
in the redevelopment area.
(c)
The following conditional uses, restrictions and special requirements
shall be applicable to any property located in the Redevelopment Area:
2.
Permitted conditional uses shall be:
(a)
Class 1, cannabis cultivators, Class 2, cannabis manufacturers,
Class 3, cannabis wholesalers, Class 4, cannabis distributors, and
Class 6, delivery service, subject to the special requirements set
forth in 3(a) below.
3.
The permitted conditional uses shall be subject to the following
special requirements:
(a)
The cannabis cultivators, cannabis manufacturers, cannabis wholesalers,
cannabis distributors or cannabis delivery services shall be duly
licensed by the State of New Jersey with its license maintained in
good standing.
(b)
Class 1, 2, 3, 4 and 6 cannabis establishments shall comply
with the bulk, area, and yard requirements of the underlying zone
for the property subject to any development application and/or redevelopment
agreement.
(c)
No vehicular access is permitted from a residential street.
(d)
No cannabis establishment, cannabis distributor or cannabis
delivery services shall be located closer than 300 feet from a residential
zone, church, public or parochial school, private school, child-care
center, or public park.
(e)
On-site sales of alcohol or tobacco products are prohibited.
(f)
On-site consumption of food, alcohol, tobacco, or cannabis products
is prohibited.
(g)
Cannabis paraphernalia shall not be displayed or visible from
the building's exterior.
(h)
Minimum off-street parking requirements:
(1)
Shall provide parking at the ratios of one space for everyone
1,000 square feet of gross floor area used for inside storage and
warehousing plus one space for every 700 square feet of gross floor
area used for manufacturing plus one space for every 200 square feet
of gross floor area used for offices. Additionally, one space shall
be provided for every vehicle owned and/or operated by the manufacturing
or industrial plant operating from the site.
(2)
Additionally, all classes shall provide one space for every
vehicle owned and/or operated by a use operating from a site in addition
to any parking requirement set forth hereinabove. Such spaces shall
be of sufficient size to accommodate the vehicles intended to be parked
therein, if oversized.
(i)
Signage shall comply with § 25-5.18 of the Land Development Chapter of the Township of Aberdeen and the following requirements:
(1)
No sign shall contain any visual representation of cannabis
or associated paraphernalia.
(2)
Cannabis establishment, cannabis distributor or cannabis delivery
services shall not display on the exterior of the facility advertisements
for marijuana, marijuana paraphernalia or a brand name except for
the purposes of identifying the building by the permitted name.
(j)
Classes 1, 2, 3, and 4 shall provide an air treatment system
with sufficient odor-absorbing ventilation and exhaust systems such
that any odor generated inside the facility is not detectable by a
person of reasonable sensitivity anywhere on adjacent property, within
public rights-of-way, or within any other unit located within the
same building as the licensed facility if the use only occupies a
portion of a building. At no cost to the Township, odor from the facility
shall be monitored by a qualified contractor chosen, on an annual
basis, by the Township.
(k)
Hours of public operation shall be limited to 8:00 a.m. through
10:00 p.m. daily. No licensed marijuana business shall be open to
the public between the hours of 10:01 p.m. and 7:59 a.m. on any day.
(l)
All licensed facilities shall submit a detailed security plan,
which shall be subject to the review and approval of the Township's
Chief of Police. Such plan should include measures and procedures
designed to protect both tenants and the visitors from criminal activity,
unsafe conditions and incidents of nuisance/harassment. Any approval
granted may be rescinded at any time such plan fails to comply with
the approved procedures of the security plan or which fails to provide
adequate security and safety for tenants and visitors. The proposed
security plan shall include at a minimum:
(1)
A map of all points of public entry and a description of all
security measures (e.g., locks, alarms, access keypads, security cameras,
foot patrols) to restrict access by unauthorized persons;
(2)
Procedures for maintaining records which shall include the date
and a detailed description of all incidents of suspected criminal
activity/unlawful behavior, unauthorized access, assaults, threatening
conduct or harassment and a detailed description of the action taken
in response to each complaint;
(3)
Procedures for maintaining records of regular audits to ensure
that the security plan is current and that procedures are being followed.
(n)
Any applicant, property owner, developer or redeveloper that
proposes a conditional use as set forth herein shall be required to
enter into a redevelopment agreement with the Township. An executed
redevelopment agreement with the Township shall be required (as a
checklist item) as a part of an application submission for site plan
approval to the Township Planning Board or as part of any other application
for land use approvals utilizing the requirements set forth herein.
(1)
It is intended and expressly understood that with respect to
any issue of relevant land use and building requirements not specifically
addressed in this redevelopment plan, those issues are subject to
the Land Development Ordinance and all other ordinances and regulations
of the Township of Aberdeen not contravened in this redevelopment
plan.
4.
The redevelopment plan and the amendment shall constitute an overlay
zone to the extent set forth therein.
5.
Prior to the adoption of this subsection and the amendments to the
redevelopment plan, the Township Council shall refer the amendments
to the redevelopment plan to the Planning Board pursuant to the Redevelopment
Law.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 33-1981, 14-1983, 3-1984 and 6-1984.
[Ord. No. 10-1987]
a.
A Zoning Board of Adjustment heretofore created is continued pursuant
to N.J.S.A. 40:55D-69 et seq. consisting of seven (7) regular members
and two (2) alternate members, each of whom shall be residents of
Aberdeen Township and be appointed by the governing body. The members
of the heretofore created Zoning Board of Adjustment are hereby reappointed
to serve their respective terms. The term of each regular member shall
be four (4) years and the term of each alternate member shall be two
(2) years.
b.
Alternate members shall be designated at the time of their appointment
as "Alternate No. 1" and "Alternate No. 2." Alternate members may
participate in the discussions of the proceedings but may not vote
except in the absence or disqualification of a regular member. A vote
shall not be delayed in order that a regular member may vote instead
of an alternate member. In the event that a choice must be made as
to which alternate is to vote, "Alternate No. 1" shall vote.
c.
No member of the Zoning Board of Adjustment shall hold an elective
office or position under the municipality.
d.
Any vacancy on said Board occurring other than by expiration of term
shall be filled by appointment by the governing body of the municipality
to serve for the unexpired term of the member whose term shall become
vacant. A member may be removed by the governing body for cause, but
only after public hearing, if requested, and other requested procedural
due process protections.
e.
Yearly, the Zoning Board of Adjustment shall organize by selecting
from among its regular members a Chairman and a Vice Chairman. The
Board shall also select a Secretary who may or may not be a member
of the Board or a municipal employee.
f.
The governing body, after giving due consideration to budget requests
that may be submitted by the Zoning Board of Adjustment, shall make
provisions in its budget and appropriate funds for the expenses of
the Zoning Board of Adjustment.
g.
The Office of Zoning Board of Adjustment Attorney is hereby created.
The Board of Adjustment may annually appoint to such office and fix
the compensation or rate of compensation of an attorney at law of
New Jersey other than the municipal attorney.
h.
The Zoning Board of Adjustment may also employ or contract for and
fix the compensation of such experts and other staff and services
as it may deem necessary. The Board, however, shall not authorize
expenditures which exceed, exclusive of gifts or grants, the amount
appropriated by the governing body for its use.
[Ord. No. 10-1987]
The Zoning Board of Adjustment shall have the power to:
a.
Error or Refusal. Hear and decide appeals where it is alleged by
the applicant that there is an error in any order, requirement, decision
or refusal made by a Township official based on or made in the enforcement
of the zoning provisions of this chapter.
b.
Exceptions or Interpretations. Hear and decide requests for interpretation
of the Zoning Map or the zoning provisions of this chapter or for
decisions upon other special questions upon which the Board is authorized
to pass by any zoning provisions of this chapter or by any duly adopted
Official Map.
c.
General Bulk Variances.
1.
Where (a) by reason of exceptional narrowness, shallowness or shape
of a specific piece of property, or (b) by reason of exceptional topographic
conditions or physical features uniquely affecting a specific piece
of property, or (c) by reason of an extraordinary and exceptional
situation uniquely affecting a specific piece of property or the structures
lawfully existing thereon, the strict application of any regulation
of this chapter would result in peculiar and exceptional practical
difficulties to, or exceptional and undue hardship upon the developer
of such property, grant, upon an application or an appeal relating
to such property, a variance from such strict application of such
regulation so as to relieve such difficulties or hardship;
2.
Where, in an application or appeal relating to a specific piece of property the purposes of this chapter would be advanced by a deviation from the zoning requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from such zoning requirements; provided, however, that no variance from those departures enumerated in subsection 25-7.2d hereinbelow (N.J.S.A. 40:55D-70[d]) shall be granted under this subsection; and provided further, that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to subsection 25-7.5h of this chapter (N.J.S.A. 40:55D-60[a]).
d.
Use Variance, Variances from Conditional Use Standards, and Major Specific Bulk Variances. In particular cases and for special reasons, grant a variance to allow departure from the zoning provisions of this chapter to permit: (1) a use or principal structure in a district restricted against such use or principal structure; (2) an expansion of a nonconforming use; (3) deviation from a particular specification or standard set forth in this chapter as pertaining solely to a conditional use; (4) an increase in the permitted floor area ratio as defined in Section 25-2 of this chapter and in N.J.S.A. 40:55D-4; (5) an increase in the permitted density as defined in Section 25-4 or Section 25-6 of this chapter, as the case may be, and in N.J.S.A. 40:55D-4, except as applied to the required lot area for a lot or lots for detached one (1) or two (2) dwelling unit buildings, which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision, in which event applications would be made pursuant to subsection 25-7.2c hereinabove. A variance under this subsection shall be granted only by affirmative vote of at least five (5) members of the Board.
e.
General Provisions. No variance or other relief may be granted under
the terms of this section unless such variance or other relief can
be granted without substantial detriment to the public good and will
not substantially impair the intent and purpose of the zone plan and
the zoning provisions of this chapter. An application under this section
may be referred to any appropriate person or agency, for its report;
provided that such reference shall not extend the period of time within
which the Zoning Board of Adjustment shall act.
Unless otherwise specified by the Zoning Board, a variance granted
by the Zoning Board shall expire and become null and void two (2)
years from the grant by the Zoning Board, unless within said period
the applicant obtains a construction permit or otherwise avails himself
of said grant or approval. The Zoning Board, upon application and
within said period, may extend said period for one (1) year, but not
to exceed three (3) extensions.
f.
Other Powers. The Zoning Board of Adjustment shall have such other
powers as prescribed by law, including, but not limited to, the following:
1.
Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-34
for the construction of a building or structure within the bed of
a mapped street or public drainageway, flood control basin or public
area as shown on a duly adopted Official Map of the municipality whenever
one (1) or more parcels of land within said bed cannot yield a reasonable
return to the owner unless a construction permit is granted. The Board
may grant such relief only by affirmative vote of a majority of the
full authorized membership of the Zoning Board of Adjustment, ensuring
that such relief will tend to cause a minimum change of the Official
Map and will not significantly add to the cost of opening any proposed
street. The Board shall impose reasonable requirements as a condition
of granting the construction permit so as to promote the health, morals,
safety and general welfare of the public.
2.
Direct issuance of a construction permit pursuant to N.J.S.A. 40:55D-36
for the construction of a building or structure on a lot not abutting
a street which is shown on a duly adopted Official Map of the municipality
or which is (a) an existing State, County or municipal street or highway;
or (b) a street shown upon a plat approved by the Municipal Planning
Board; or (c) a street on a plat duly filed in the office of the County
Recording Officer. The Board may grant such relief only when the enforcement
of the statute requirement that a building lot abut a street would
entail practical difficulty or unnecessary hardship, or where the
circumstances of the case do not require the building or structure
to abut a street. The Board shall impose requirements or conditions
that will provide adequate access for fire fighting equipment, ambulances
and other necessary emergency vehicles for the protection of the health
and safety and that will protect any future street layout on the Official
Map or on the general circulation plan element of the municipal Master
Plan.
3.
The Zoning Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision, site plan or conditional use approval whenever the proposed development requires approval by the Zoning Board of Adjustment of a variance pursuant to subsection 25-7.2d of this chapter. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon a grant of all required subsequent approvals by the Zoning Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and the zoning provisions of this chapter. The number of votes of Board members required to grant such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to subsection 25-7.2d of this chapter shall not be required.
4.
The Zoning Board of Adjustment may refer any application before it
to the Planning Board for its report before it takes final action
thereon. Such referral shall not extend the time of action by the
Zoning Board of Adjustment, whether or not the Planning Board has
submitted its report. Whenever the Planning Board shall have made
a recommendation regarding a matter requested by the Zoning Board
of Adjustment, such recommendation shall not be binding on the Zoning
Board of Adjustment.
[Ord. No. 10-1987]
a.
Appeals to the Zoning Board of Adjustment may be taken by any interested
party affected by any decision of a municipal official of the municipality
based on or made in the enforcement of the zoning provisions of this
chapter or a duly adopted Official Map. Such appeal shall be taken
within twenty (20) days by filing a notice of appeal with the official
from whom the appeal is taken, with three (3) copies of the notice
given to the Secretary of the Zoning Board of Adjustment. The notice
shall specify the grounds for the appeal. The official from whom the
appeal is taken shall immediately transmit to the Board all the papers
constituting the record upon which the action appealed from was taken.
b.
The Zoning Board of Adjustment may reverse or affirm, wholly or in
part, or may modify the action, order, requirement, decision, interpretation
or determination appealed from and to that end have all powers of
the municipal official from whom the appeal is taken.
c.
An appeal to the Zoning Board of Adjustment shall stay all proceedings
in furtherance of the action in respect to which the decision appealed
from was made unless the municipal official from whose action the
appeal is taken certifies to the Zoning Board of Adjustment, after
the notice of appeal shall have been filed with him, that by reason
of facts stated in the certificate a stay would, in his opinion, cause
imminent peril to life or property. In such case, proceedings shall
not be stayed other than by an order of the Superior Court upon notice
to the municipal official from whom the appeal is taken and due cause
shown.
d.
A developer may file an application for development with the Zoning
Board of Adjustment for action under any of its powers without prior
application to a municipal official.
e.
The Zoning Board of Adjustment shall act upon any appeal or any application
for development within one hundred twenty (120) days either from the
date the appeal is taken from the decision of the municipal official
or from the date the application is certified as a complete application,
as the case may be, or within such further time as may be consented
to by the applicant, except that when an applicant elects to submit
separate consecutive applications for use variance approval and site
plan, subdivision or conditional use approval, the one hundred twenty
(120) day time period for action shall apply to the application for
approval of the use variance, and the time period for granting or
denying any subsequent approval shall be as otherwise provided in
this chapter.
[Ord. No. 10-1987]
a.
The Planning Board heretofore created is continued consisting of
nine (9) regular and two (2) alternate members of the following four
(4) classes:
|
Class I
|
The Mayor.
|
|
Class II
|
One (1) of the officials of the Township other than a member
of the governing body, to be appointed by the Mayor.
|
|
Class III
|
A member of the Township Council to be appointed by it.
|
|
Class IV Regular Members
|
Six (6) other citizens of the municipality to be appointed by
the Mayor. The members of Class IV shall hold no other municipal office,
except that one (1) member may be a member of the Zoning Board of
Adjustment and one (1) may be a member of the Board of Education.
A member of the Environmental Commission who is also a member of the
Planning Board as required by N.J.S.A. 40:56A-1 shall be a Class IV
Planning Board member unless there be among the Class IV regular or
alternate members of the Planning Board both a member of the Zoning
Board of Adjustment and a member of the Board of Education, in which
case the member of the Environmental Commission shall be deemed to
be the Class II member of the Planning Board.
|
|
Class IV Alternate Members
|
Two (2) other citizens of the municipality to be appointed by
the Mayor. Alternate members shall meet the qualifications of Class
IV regular members and shall be designated by the Mayor at the time
of their appointment as "Alternate No. 1" and "Alternate No. 2."
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b.
The term of the member composing Class I shall correspond with his
official tenure. The terms of the members composing Class II and Class
III shall be for one (1) year or terminate at the completion of their
respective terms of office, whichever occurs first, except for a Class
II member who is also a member of the Environmental Commission. The
term of a Class II (or Class IV) member who is also a member of the
Environmental Commission shall be for three (3) years or terminate
at the completion of his term as a member of the Environmental Commission,
whichever comes first.
c.
All present Class IV members of the Planning Board shall continue
in office until the completion of the terms for which they were appointed.
The term of a Class IV member who is also a member of the Zoning Board
of Adjustment or the Board of Education shall terminate whenever he
is no longer a member of such other body or at the completion of his
or her Class IV term, whichever comes first.
d.
The terms of Class IV regular members first appointed pursuant to
this Ordinance shall be so determined that to the greatest practicable
extent the expiration of such term shall be evenly distributed over
the first four (4) years after their appointment; provided that the
initial term shall not exceed four (4) years. Thereafter the term
of each Class IV regular member shall be four (4) years. All terms
shall run from January 1 of the year in which the appointment is made.
e.
The terms of the Class IV alternate members shall be two (2) years,
except that the terms of the alternate members shall be such that
the term of not more than one (1) alternate member shall expire any
one (1) year; provided, however, that in no instance shall the terms
of the alternate members first appointed exceed two (2) years. All
terms shall run from January 1 of the year in which the appointment
is made.
f.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member of any class. A vote shall not be delayed in order that a regular
member may vote instead of an alternate member. In the event that
a choice must be made as to which alternate member is to vote, "Alternate
No. 1" shall vote.
g.
If a vacancy of any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term. Any member other than a Class I member may be removed
by the governing body for cause but only after public hearing, if
requested, and other requested procedural due process protection.
h.
Yearly, the Planning Board shall organize by selecting from among
its Class IV regular members a Chairman and a Vice Chairman. The Board
shall also select a Secretary who may or may not be a member of the
Board or an employee of the Township.
i.
The governing body, after giving due consideration to budget requests
that may be submitted by the Planning Board, shall make provisions
in its budget and appropriate funds for the expenses of the Planning
Board.
j.
The office of Planning Board Attorney is hereby created. The Planning
Board may appoint to such office and fix compensation or rate of compensation
of an attorney at law of New Jersey other than the Township Attorney.
k.
The Planning Board may also employ or contract for and fix the compensation
of such experts and other staff and services as it may deem necessary.
The Board, however, shall not authorize expenditures which exceed,
exclusive of gifts or grants, the amount appropriated by the governing
body for its use.
[Ord. No. 10-1987]
The Planning Board shall have the powers listed below in addition
to other powers established by law:
a.
Make, adopt and, from time to time, amend a Master Plan for the physical
development of the Township, including any areas outside its boundaries
which, in the Board's judgment, bear essential relationship to the
planning of the Township.
b.
Administer the Subdivision and Site Plan Review provisions of the
Land Development chapter in accordance with the applicable provisions
of said chapter.
c.
Hear and decide applications for conditional uses in accordance with
the applicable provisions of this chapter.
d.
Participate in the preparation and review of programs or plans required
by State or Federal law or regulation.
e.
Assemble data on a continuing basis as part of a continuous planning
process.
f.
Annually, at the request of the Township Council, prepare a program
of municipal capital improvements projects projected over a term of
six (6) years and recommend same to the Township Council.
g.
Consider and report to the Township Council within thirty-five (35)
days after referral as to any proposed development regulation submitted
to it and also pass upon other matters specifically referred to the
Planning Board by the Township Council.
h.
Whenever the proposed development requires approval of a subdivision, site plan or conditional use, but not a variance pursuant to subsection 25-7.2d of this chapter (N.J.S.A. 40:55D-70[d]), to grant to the same extent and subject to the same restrictions as the Zoning Board of Adjustment:
2.
Direction pursuant to subsection 25-7.2f1 of this chapter (N.J.S.A.
40:55D-34) for issuance of a permit for a building or structure in
the bed of a mapped street or public drainage way, flood control basin
or public area reserved pursuant to N.J.S.A. 40:55D-32.
3.
Direction pursuant to subsection 25-7.2f2 of this chapter (N.J.S.A.
40:55D-36) for issuance of a permit for a building or structure not
related to a street.
Whenever relief is requested pursuant to this section, notice
of the hearing on the application for development shall include reference
to the request for a variance, or direction for issuance of a permit,
as the case may be.
The developer may elect to submit a separate application requesting
approval of the variance or direction of the issuance of a permit,
and a subsequent application for any required approval for a subdivision,
site plan, or conditional use. The separate approval of the variance
or direction of the issuance of a permit, shall be conditioned upon
grant of all required subsequent approvals by the Planning Board.
No such subsequent approval shall be granted unless the approval can
be granted without substantial detriment to the public good and without
substantial impairment of the intent and purpose of the zone plan
and the zoning provisions of this chapter.
[Ord. No. 10-1987]
a.
Conflicts of Interest. No regular or alternate member of the Planning
Board or Zoning Board of Adjustment shall act on any matter in which
he has either directly or indirectly any personal or financial interest.
Whenever any such member shall disqualify himself from acting on a
particular matter, he shall not continue to sit with the Board on
the hearing of such matter nor participate in any discussion or decision
relating thereto.
b.
Meetings.
1.
Meetings of both the Planning Board and the Zoning Board of Adjustment
shall be scheduled no less than once a month and any meeting so scheduled
shall be held as scheduled unless cancelled for lack of applications
for development to process.
2.
Special meetings may be provided for at the call of the Chairman
or on the request of any two (2) Board members, which meetings shall
be held on notice to its members and the public in accordance with
all applicable legal requirements.
3.
No action shall be taken at any meeting without a quorum being present,
said quorum to be the majority of the full authorized membership of
the Board.
4.
All actions shall be taken by majority vote of the members of the
Board present at the meeting except as otherwise required by a provision
of N.J.S.A. 40:55D-1 et seq. A member of the Board who was absent
for one (1) or more of the meetings at which a hearing was held shall
be eligible to vote on a matter upon which the hearing was conducted,
notwithstanding his absence from one (1) or more of the meetings;
provided, however, that such Board member has available to him the
transcript or recording of all of the hearing from which he was absent,
and certifies in writing to the Board that he has read such transcript
or listened to such recording.
5.
All regular meetings and all special meetings shall be open to the
public, except as provided in the Open Public Meeting Law C. 231,
Laws of New Jersey, 1975. Notice of all such meetings shall be given
in accordance with the requirements of the Open Public Meeting Law
C. 231, Laws of New Jersey, 1975.
c.
Public Hearings.
1.
The Planning Board or the Zoning Board of Adjustment, as the case
may be, shall hold a hearing on each application for development.
Each Board shall make rules governing such hearings.
2.
Any maps and documents for which approval is sought at a hearing
shall be on file and available for public inspection at least ten
(10) days before the date of the hearing during normal business hours
in the office of the Administrative Officer. The applicant may produce
any documents, records or testimony at the hearing to substantiate
or clarify or supplement the previously filed maps and documents.
3.
The officer presiding at the hearings, or such person as he may designate,
shall have the power to administer oaths and issue subpoenas to compel
the attendance of witnesses and the production of relevant evidence,
including witnesses and documents presented by the parties, and the
provisions of the "County and Municipal Investigations Law," P.L.
1953, C. 38 (C. 2A:67A-1 et seq.) shall apply.
4.
The testimony of all witnesses relating to an application for development
shall be taken under oath or affirmation by the presiding officer,
or such other person as he may designate, and the right of cross-examination
shall be permitted to all interested parties through their attorneys,
if represented, or directly, if not represented, subject to the discretion
of the presiding officer and reasonable limitations as to time and
number of witnesses.
5.
Technical rules of evidence shall not be applicable to the hearing,
but the Board may exclude irrelevant, immaterial or unduly repetitious
evidence.
d.
Public Notice of a Hearing.
1.
Public notice of a hearing shall be given for the following applications
for development:
(a)
Any request for a variance;
(b)
Any request for conditional use approval;
(c)
Any request for issuance of a permit to build within the bed
of a mapped street or public drainageway or on a lot not abutting
a street (see subsections 25-7.2f1 and 25-7.2f2);
(d)
Any request for site plan and/or subdivision approval involving
one (1) or more of the aforesaid elements;
(e)
Any request for preliminary approval of a major subdivision
and/or preliminary major site plan; and,
(f)
Any request for approval of a planned development.
2.
The Secretary of the Planning Board or the Zoning Board of Adjustment,
as the case may be, shall notify the applicant at least two (2) weeks
prior to the public hearing at which the application will be discussed.
Notice of a hearing requiring public notice shall be given by the
applicant at least ten (10) days prior to the date of the hearing
in the following manner:
(a)
By publication in an official newspaper of the Township, if
there is one, or in a newspaper of general circulation in the Township
in the absence of an official newspaper.
(b)
By notification by personal service or certified mail to the
following. An affidavit of proof of the giving of the required notice
shall be filed by the applicant with the municipal agency at least
one (1) day prior to the hearing. It is not required that a return
receipt is obtained; notice is deemed complete upon mailing (N.J.S.A.
40:55D-14).
(1)
To all owners of real property as shown on the current tax duplicate,
located in the State and within two hundred (200) feet in all directions
of the property which is the subject of the hearing; provided that
this requirement shall be deemed satisfied by notice to the (1) condominium
association, in the case of any unit owner whose unit has a unit above
or below it, or (2) horizontal property regime, in the case of any
co-owner whose apartment has an apartment above or below it.
[a]
Notice to a partnership owner may be made by service
upon any partner.
[b]
Notice to a corporate owner may be made by service
upon its president, a vice-president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
[c]
Notice to a condominium association, horizontal
property regime, community trust or homeowners' association, because
of its ownership of common elements or areas located within two hundred
(200) feet of the property which is the subject of the hearing, may
be made in the same manner as to a corporation without further notice
to unit owners, co-owners, or homeowners on account of such common
elements or areas.
(2)
To the Clerk of any adjoining municipality or municipalities
when the property involved is located within two hundred (200) feet
of said adjoining municipality or municipalities.
(3)
To the Monmouth County Planning Board when the application for
development involves property adjacent to an existing county road
or proposed road as shown on the County Official Map or County Master
Plan, adjoining other county land or situated within two hundred (200)
feet of a municipality boundary.
(4)
To the Commissioner of Transportation of the State of New Jersey
when the property abuts a State highway.
(5)
To the Director of the Division of State and Regional Planning
in the Department of Community Affairs when the hearing involves an
application for the development of property which exceeds one hundred
fifty (150) acres or five hundred (500) dwelling units, in which case
the notice shall include a copy of any maps or documents required
to be filed with the Township.
3.
Upon the written request of an applicant, the Township Tax Assessor shall, within seven (7) days, make and certify a list from current tax duplicates of names and addresses of owners within the Township to whom the applicant is required to give notice. The applicant shall be charged twenty-five ($0.25) cents per name or ten ($10) dollars, whichever is greater, for said list and shall be entitled to rely upon the information contained in such list, and failure to give notice to any lot owner not on the list shall not invalidate any hearing or proceeding. Additionally, the applicant shall be responsible for giving proper notice to all property owners pursuant to subsection 25-7.6d2(b) above who do not reside within the Township.
4.
The notice shall state the date, time and place of the hearing and
the nature of the matters to be discussed, and an identification of
the property proposed for development by street address, if any, and
by reference to lot and block numbers as shown on the current tax
duplicate in the Township Tax Assessor's office, and the location
and times at which any maps or documents for which approval is sought
are available for inspection.
e.
Records.
1.
Minutes of every regular or special meeting shall be kept and shall include the names and addresses of the persons appearing and addressing the Planning Board or the Zoning Board of Adjustment, and of any persons appearing by attorney, the action taken by the Planning or Zoning Board, the findings, if any, made by it and the reasons therefor. The minutes shall thereafter be made available, after approval by the Board, for public inspection during the normal business hours at the office of the Administrative Officer. Any interested party shall have the right to compel production of the minutes for use as evidence in any legal proceedings concerning the subject matter of such minutes. Such interested party shall be charged a reasonable fee for the reproduction of the minutes, as indicated in subsection 25-9.1 of this chapter.
2.
A verbatim recording shall be made of every hearing. The recording of the proceedings shall be made either by stenographer, mechanical or electrical means. The municipality shall furnish a transcript or duplicate recording in lieu thereof on request to any interested party at his expense, provided that the charge for a transcript shall not exceed the maximum amount permitted in N.J.S.A. 2A:11-15, and as indicated in subsection 25-9.1 of this chapter. Each transcript shall be certified in writing by the transcriber to be accurate.
f.
Decisions.
1.
Each decision on any application for development shall be reduced
to writing by the Board and shall include findings of facts and conclusions
based thereon.
2.
The Board shall provide the findings and conclusions through:
(a)
A resolution adopted at a meeting held within the time period
provided in this chapter for action by the Board on the application
for development; or
(b)
A memorializing resolution adopted at a meeting held no later
than forty-five (45) days after the date of the meeting at which the
Board voted to grant or deny approval. Only the members of the Board
who voted for the action taken may vote on the memorializing resolution,
and the vote of a majority of such members present at the meeting
at which the resolution is presented for adoption shall be sufficient
to adopt the resolution. An action pursuant to N.J.S.A. 40:55D-9 (resulting
from the failure of a motion to approve an application) shall be memorialized
by resolution as provided above, with those members voting against
the motion for approval being the members eligible to vote on the
memorializing resolution.
3.
The vote on any memorializing resolution shall be deemed to be a memorialization of the action of the Board and not to be an action of the Board; however, the date of the adoption of the resolution shall constitute the date of the decision for purposes of the mailings, filings and publications required in subsection 25-7.8 of this chapter.
4.
If the Board fails to adopt a resolution or memorializing resolution
as hereinabove specified, any interested party may apply to the Superior
Court in a summary manner for an order compelling the Board to reduce
its findings and conclusions to writing within a stated time and the
cost of the application, including attorneys fees, shall be assessed
against the municipality.
[Ord. No. 10-1987]
a.
Any interested party may appeal to the Township Council any final decision of the Zoning Board of Adjustment approving an application for a use variance pursuant to N.J.S.A. 40:55D-70d and subsection 25-7.2d of this chapter. Notwithstanding the aforesaid right of appeal to the Township Council, any party has the right to obtain a review of such Zoning Board of Adjustment decision by any court of competent jurisdiction according to law.
b.
Any appeal to the Township Council shall be made within ten (10) days of the date of publication of such final decision pursuant to subsection 25-7.8 of this chapter. The appeal to the Township Council shall be made by serving the Township Clerk in person or by certified mail with a notice of appeal specifying the grounds thereof and the name and address of the appellant and the name and address of his attorney, if represented.
c.
The appellant shall either: 1) Within five (5) days of serving notice
of the appeal, arrange for a transcript and six (6) copies thereof
for use by the Township Council and pay a deposit of fifty ($50) dollars
or the estimated cost for such transcription, whichever is less; provided
that the charge by the Township to the applicant for the transcript
shall not exceed the maximum permitted in N.J.S.A. 2A:11-15; or 2)
Within thirty-five (35) days of serving notice of the appeal, submit
a transcript to the Township Clerk for use by the Township Council.
Should the appellant neither arrange for or submit a transcript as
provided hereinabove, the Township Council may dismiss the appeal
for failure to prosecute. All transcripts shall be certified in writing
by the transcriber to be accurate.
d.
Notice of the meeting to review the record below shall be given by the Township Council by personal service or certified mail to the appellant, to those entitled to notice of a decision pursuant to subsection 25-7.8 of this chapter, and to the Zoning Board of Adjustment at least ten (10) days prior to the date of the meeting. The appeal shall be decided by the Township Council only upon the record established by the Zoning Board of Adjustment. The parties may submit oral and written arguments on the record at the Township Council meeting, and the Township Council shall provide and pay for verbatim recording and transcripts of such meeting.
e.
The Township Council shall conclude a review of the record below
not later than ninety-five (95) days from the publication of the notice
of the subject decision of the Zoning Board of Adjustment, unless
the appellant consents in writing to an extension of such time period.
Failure of the Township Council to hold a hearing and conclude a review
of the record below and to render a decision within such specified
period without such written consent of the appellant shall constitute
a decision affirming the action of the Zoning Board of Adjustment.
f.
The Township Council may reverse, remand or affirm, with or without
conditions, the final decision of the Zoning Board of Adjustment being
appealed. The affirmative vote of three (3) members of the Township
Council shall be necessary to reverse, remand or impose or remove
conditions upon the aforesaid final decision. In the event that an
affirmative vote of three (3) members of the Township Council is not
obtained, the aforesaid final decision shall be deemed affirmed without
change.
g.
An appeal to the Township Council shall stay all proceedings in furtherance
of the action in respect to which the decision appealed from was made
unless the Zoning Board of Adjustment certifies to the Township Council,
after the notice of appeal has been filed with the Board, that by
reasons of facts stated in the certificate a stay would, in its opinion,
cause imminent peril to life or property. In such case, proceedings
shall not be stayed other than by an order of the Superior Court on
application upon notice to the Zoning Board of Adjustment and on good
cause shown.
[Ord. No. 10-1987; Ord. No. 3-1995]
Any decision of the Planning Board or the Zoning Board of Adjustment
when acting upon an application for development and any decision of
the Township Council when acting upon an appeal shall be given notice
in the following manner:
a.
A copy of the decision shall be mailed by the appropriate Township authority within ten (10) days of the date of decision to the applicant or appellant, or, if represented, then to his attorney, without separate charge. A copy of the decision shall also be mailed within ten (10) days to any interested party who has requested it and who has paid the fee prescribed by the Township authority for such service. (See subsection 25-9.1.)
b.
Applicant shall cause a brief notice of every decision of the Planning
Board, Zoning Board of Adjustment, or Township Council, as the case
may be, to be published in the official newspaper of Aberdeen Township,
and the cost of such publication to be the sole responsibility of
the applicant. Such notice shall be sent to the official newspaper
within ten (10) days of the date of adoption of the resolution memorializing
the decision.
c.
A copy of the decision shall also be filed in the office of the Administrative Officer, who shall make a copy of such filed decision available to any interested party upon payment of a fee calculated in the same manner as those established for copies of other public documents in the Township, as indicated in subsection 25-9.1 of this Ordinance.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 6-1984.
[Ord. No. 10-1987]
The Planning Board and the Zoning Board of Adjustment have certain
overlapping powers to expedite the review process. Their respective
responsibilities are outlined below:
a.
Powers of the Planning Board.
1.
The Planning Board shall have the power to grant subdivision or conditional
use approval simultaneously with site plan approval.
2.
The Planning Board shall have the power to act in lieu of the Zoning
Board of Adjustment and subject to the same extent and restrictions
of the Zoning Board of Adjustment on the following matters when the
Planning Board is reviewing applications for approval of subdivision
plans, site plans or conditional uses. Whenever relief is requested
pursuant to this subsection, public notice shall be given and shall
include reference to the request for a variance or direction for issuance
of a permit, as the case may be.
(a)
Grant variances pursuant to N.J.S.A. 40:55D-70c.
(b)
Direct, pursuant to N.J.S.A. 40:55D-34, for issuance of a permit
for a building or structure in the bed of a mapped street or public
drainageway, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55-32.
(c)
Direct, pursuant to N.J.S.A. 40:55D-36, for issuance of a permit
for a building or structure not related to a street.
b.
Zoning Board of Adjustment Action in Lieu of Planning Board. The
Zoning Board of Adjustment shall have the power to grant, to the same
extent and subject to the same restrictions as the Planning Board,
site plan, subdivision or conditional use approval whenever the proposed
development requires approval by the Zoning Board of Adjustment of
a variance pursuant to N.J.S.A. 40:55D-70d. The Zoning Board of Adjustment
may refer to all such applications for development to the Planning
Board and its professionals for review and comment.
[Ord. No. 10-1987; Ord. No. 10-1989]
a.
Subdivision Review. All subdivisions, as defined under Section 25-2, are subject to the review procedures specified herein.
b.
Site Plan Review. No construction permit shall be issued for any
new structure or for an addition to an existing structure and no Certificate
of Occupancy shall be issued for any change of use of an existing
structure until the site plan has been reviewed and approved by the
municipality except that:
1.
A construction permit for a single-family detached dwelling unit
or a two-family dwelling unit and/or their accessory building(s) on
a lot shall not require site plan approval, except that the use of
any existing or proposed principal or accessory building for a home
occupation as defined and permitted by this chapter shall require
minor site plan approval prior to the issuance of a construction permit
or certificate of occupancy. The foregoing shall in no way affect
the responsibility of an applicant to submit the necessary information
and receive the necessary approvals as may be required pursuant to
other Ordinances.
2.
Any change of use from one permitted nonresidential use to another
permitted nonresidential use shall not require site plan approval
if both the construction official and zoning officer stipulate to
the Board that the existing site development meets the requirements
of this chapter for the new use.
c.
Variance Relief. All applications for variance relief to the Board of Adjustment not involving any related site plan, subdivision or conditional use approval shall be filed at least fourteen (14) days prior to the second Wednesday of the month. The filing shall include nineteen (19) copies of any maps and related material; nineteen (19) completed copies of the appropriate application form(s), which includes the checklist for variances pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; and the fee in accordance with Section 25-9 of this chapter. The Board shall act upon the application as stipulated by law.
d.
General Adjustments. In the event that an application for development
requires an approval by a governmental agency other than the Board,
the Board shall, in appropriate circumstances, condition its approval
upon the subsequent approval of such governmental agency, provided
that the municipality shall make a decision on any application for
development within the time period provided in this chapter, or within
an extension of such period as has been agreed to by the applicant,
unless the municipal agency is prevented or relieved from so acting
by operation of law.
e.
Informal Review by the Planning Board.
1.
At the request of a developer, the Planning Board shall grant one
(1) informal review of a concept plan for a development for which
the developer intends to prepare and submit an application for development.
2.
The developer shall be required to submit fees for such an informal review in accordance with Section 25-9 of this chapter. Fees submitted for the informal review shall be credited towards fees for review of subsequent development application. No professional review(s) will be undertaken unless the developer agrees to pay for said review(s) in accordance with Section 25-9 of this chapter.
3.
The developer shall not be bound by any concept plan for which review
is requested, and the Planning Board shall not be bound by any such
review.
4.
A developer desiring to have a concept plan informally reviewed by
the Planning Board shall so notify the Administrative Officer at least
fourteen (14) days prior to the second Wednesday of the month. The
Administrative Officer shall thereafter notify the developer of the
time and place which has been scheduled by the Planning Board for
the informal review.
[Ord. No. 10-1987; Ord. No. 20-1990; Ord.
No. 5-2007 § 8]
a.
Procedure for Submitting Minor Subdivision Plats and Minor Site Plans. The applicant shall submit to the Administrative Officer at least fourteen (14) days prior to the second Wednesday of the month: nineteen (19) copies of the minor plat or plan; nineteen (19) copies of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter;[1] and a fee in accordance with Section 25-9 of this chapter. The application shall contain an acknowledgement signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon minor subdivision plats and minor site plans, and agrees to be bound by it. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents for processing in conjunction with the application.
[1]
Editor's Note: The checklist referred to herein is included as an attachment to this chapter.
b.
Details Required for Minor Subdivision Plats and Minor Site Plans.
Each minor plat or minor plan shall be drawn by a professional engineer
and/or land surveyor licensed to practice in the State of New Jersey
and shall bear the signature, seal, license number and telephone number
of the said professional engineer and/or land surveyor; provided,
however, that all engineering data shall be signed and sealed by a
professional engineer and all surveying data shall be signed and sealed
by a professional land surveyor.
Each submission shall be drawn at an appropriate scale not less
than 1" equals 100' and shall be submitted on one of four of the following
standard sheet sizes (8 1/2" x 13"; 15" x 21"; 24" x 36"; or
30" x 42").
If one (1) sheet is not sufficient to contain the entire tract,
the map may be divided into two (2) sections to be shown on separate
sheets of equal sizes, with reference on each sheet to the adjoining
sheet. Each minor plat or plan shall show the following information,
as such information is applicable to the minor subdivision or minor
site plan submission:
1.
A key map showing the entire tract and its relation to the surrounding
area, at a scale of one (1) inch equals not more than two thousand
(2,000) feet;
2.
Title block in accordance with the rules governing title blocks for
professional engineers (N.J.S.A. 45:8-36), including:
(a)
Name of subdivision or development, Aberdeen Township and Monmouth
County;
(b)
Name, title, address and telephone number of subdivider or developer;
(c)
Name, title, address and license number of the professional
or professionals who prepared the plat or plan;
(d)
Name, title and address of the owner or owners of record;
(e)
Scale; and
(f)
Date of original preparation and of each subsequent revision
thereof and a list of the specific revisions entered on each sheet.
3.
Acreage figures (both with and without areas within public rights-of-way)
and north arrow;
5.
Existing block and lot number(s) of the lot(s) to be subdivided or
developed as they appear on the Township Tax Map;
6.
Subdivision or development boundary line (heavy solid line);
7.
The location of existing and proposed property lines (with bearings
and distances), streets, structures (with their numerical dimensions
and an indication as to whether existing structures will be retained
or removed), parking spaces, loading areas, driveways, watercourses,
railroads, bridges, culverts, drain pipes, any natural features such
as treed areas, and any historic features such as family burial grounds
and buildings more than fifty (50) years old, both within the tract
and within two hundred (200) feet of its boundary;
8.
The location and width of all existing and proposed utility easements,
the use(s) for which they are intended to be limited, and the manner
in which the easements will be controlled;
9.
Zoning districts affecting the tract, including district names and
requirements, and a comparison to the application;
10.
Proposed buffer and landscaped areas;
11.
Delineation of flood plains, including both floodway and flood fringe
areas, wetlands, and lands with a topographic slope fifteen (15%)
percent or greater.
12.
Existing and proposed contours with intervals of one (1) foot where
slopes are less than two (2%) percent; with intervals of two (2) feet
where slopes are between two (2%) percent and fifteen (15%) percent;
and with intervals of five (5) feet where slopes exceed fifteen (15%)
percent. All contour information shall refer to a known datum. Existing
contours shall be shown as a dashed line, and finished grades shall
be shown as a solid line. Lands with a topographic slope fifteen (15%)
percent or greater shall be shaded.
13.
Marshes, ponds and hydric soil lands within the tract and within
one hundred (100) feet thereof;
14.
The name of all adjacent property owners as they appear on the most
recent tax list prepared by the Township Tax Assessor;
15.
Certificate from the Township Tax Collector that all taxes and assessments
are paid to date;
16.
Concerning minor subdivisions only, existing and proposed monuments;
17.
Concerning minor subdivision applications only and if the proposed
lot(s) is (are) not served by a sanitary sewer, approval by the Township
Department of Health of percolation tests, certified by a licensed
professional engineer, indicating that the proposed lot(s) can adequately
accommodate a septic system. The location(s) of the test hole(s),
test results and compliance with the "Individual Sewage Disposal Code
of New Jersey" or applicable Township Department of Health Ordinances,
whichever may be more restrictive, shall be shown on the plat and
certified by a licensed professional engineer;
18.
No minor subdivision or minor site plan involving any street(s) requiring
additional right-of-way width as specified in the Master Plan or Official
Map and the street requirements of this chapter shall be approved
unless such additional right-of-way, either along one (1) or both
sides of said streets, as applicable, shall be granted to the Township
or other appropriate governmental agency;
19.
Provisions for the separation and storage of recyclable materials;
20.
No minor subdivision or minor site plan involving any corner lot
shall be provided unless a sight triangle easement shall be granted
as specified in this Ordinance; and
21.
Deed restrictions including metes and bounds, easements, covenants,
restrictions and roadway and sight triangle dedications shall be submitted
for approval and required signatures prior to filing with the County
Recording Officer.
c.
Action by the Township.
1.
The Application Review Committee shall review the aforesaid application
for the purpose of determining, within forty-five (45) days of its
submission, whether said application is complete. Thereafter:
(a)
If said application is found to contain all of the information required by subsection 25-8.3b of this chapter, the Application Review Committee shall recommend to the Subdivision Committee, Site Plan Committee, or Zoning Board of Adjustment, as the case may be, that said application is complete. The Subdivision Committee, Site Plan Committee, or Zoning Board of Adjustment, as the case may be, shall review said application at its next regularly scheduled meeting and shall certify the application complete within forty-five (45) days of its submission, upon concurrence with the Application Review Committee's recommendation for completeness. If the application is found not to be complete, then the Subdivision Committee, Site Plan Committee or Zoning Board of Adjustment, as the case may be, shall notify the applicant according to the procedure in subsection 25-8.3c1(b).
(b)
If said application is found to lack some of the information required by subsection 25-8.3b of this chapter, said Application Review Committee shall either:
(1)
Cause the applicant to be notified, in writing, that said application
is incomplete, specifying the deficiencies in the application; or
(2)
If the Application Review Committee reasonably concludes that
the missing items of information are necessary to make an informed
decision on the application, but are not of such significance to cause
the application to be deemed incomplete, said Application Review Committee
may recommend to the Subdivision Committee, Site Plan Committee or
Zoning Board of Adjustment, as the case may be, the application complete,
conditioned upon the submission of the missing items of information
to the Administrative Officer within ten (10) days; or
(3)
If the Application Review Committee reasonably concludes that
the missing items of information are not necessary for it to make
an informed decision on the application, said Application Review Committee
may recommend to the Subdivision Committee, Site Plan Committee or
Zoning Board of Adjustment, as the case may be, waiving the requirement
that said items be supplied as a prerequisite for completeness and
certifying that the application is complete notwithstanding the missing
items.
(c)
An applicant who has been notified that his application is incomplete may request waiver of one (1) or more of the submission requirements set forth in subsection 25-8.3b and said request shall be granted or denied by the Board within forty-five (45) days.
(d)
In the event the Application Review Committee, Subdivision Committee, Site Plan Committee or Zoning Board of Adjustment, as the case may be, fails to act pursuant to subsections 25-8.3c1(b)(1), 25-8.3c1(b)(2) or 25-8.3c1(b)(3) hereinabove within forty-five (45) days of the date of submission of the application, said application shall be deemed complete as of the forty-sixth (46th) day following its submission.
2.
On the date the aforesaid application is certified complete, or on
the forty-sixth (46th) day following the submission of the application,
in the event the Application Review Committee, Subdivision Committee,
Site Plan Committee or Zoning Board of Adjustment, as the case may
be, fails to make a determination of completeness, the applicable
time period within which the Board must act upon the application shall
commence. In any case, the applicant is obliged to prove that he or
she is entitled to approval of the application. The Subdivision Committee,
Site Plan Committee or either Board may subsequently require correction
of any information found to be in error, may require submission of
additional information not specified in this chapter, and/or may require
revisions in the application documents as are reasonably necessary
to make an informed decision as to whether the requirements for approval
of the application have been met, provided that the application shall
not be deemed incomplete for lack of any such additional information
or revisions. Such revisions or information shall be submitted to
the Administrative Officer ten (10) days prior to the next meeting
for which the application is scheduled.
3.
Promptly after recommendation of completeness by the Application
Review Committee, the application documents shall be distributed by
the Administrative Officer to the following:
(a)
The Planning Board or the Zoning Board of Adjustment, as the
case may be, (nine (9) copies of the minor plat or plan and nine (9)
copies of the application);
(b)
Subdivision Committee or Site Plan Committee, as the case may
be, (one (1) copy each of the minor plat or plan and one (1) copy
of the application);
(c)
Township Fire Subcode Official, (one (1) copy each of the minor
plat or plan and the application);
(d)
Township Manager (one (1) copy each of the minor plat or plan
and the application);
(e)
Township Engineer (one (1) copy each of the minor plat or plan
and the application);
(f)
Township Planner (one (1) copy each of the minor plat or plan
and the application);
(g)
Township Safety Officer, (one (1) copy each of the minor plat
or plan);
(h)
Zoning Officer (one (1) copy each of the minor plat or plan
and the application);
(i)
Township Department of Health (one (1) copy each of the minor
plat or plan and the application);
(j)
Township Environmental Commission (one (1) copy each of the
minor plat or plan and the application);
(k)
At the direction of the Planning Board or the Zoning Board of
Adjustment, as the case may be, additional copies of the minor plat
or plan shall be sent to other Township, County or State agencies
as may be designated by the Board.
4.
The Subdivision Committee or Site Plan Committee, as the case may
be, shall read any written report submitted concerning the application
and shall itself review the submission to ascertain its conformity
with the requirements of this Ordinance. The Subdivision Committee
or Site Plan Committee, as the case may be, shall offer its recommendations
to the Board.
5.
The Board shall take action on minor subdivision and minor site plan
applications within forty-five (45) days after the application has
been certified complete by the Subdivision Committee, Site Plan Committee
or Zoning Board of Adjustment, as the case may be, or within such
further time as may be consented to by the applicant. Failure of the
Board to act within the prescribed time period shall constitute approval
of the application.
6.
Any proposed application for development determined by the Board
to be creating, imposing, aggravating or leading to the possibility
of an adverse effect upon either the property in question or upon
any adjacent properties, may be required to be revised to remove any
adverse effect(s) prior to further review or approval by the Board,
or, where the remaining portion of the original tract is sufficient
to be subdivided or developed further, the applicant may be required
to submit a sketch of the entire remaining portion of the tract to
indicate a feasible plan whereby the applied for subdivision or development,
together with subsequent subdivision(s) or development(s), may be
submitted that will not create, impose, aggravate or lead to any adverse
effect.
7.
When a minor subdivision or minor site plan is approved by the Board, a notation to that effect, including the date of approval, shall be made on a master copy. At least ten (10) prints of the plat or plan and any related deed descriptions to be filed with the County Recording Officer shall be signed by the Township Engineer and the Chairman and Secretary of the Board (or the Acting Chairman or Secretary where either or both may be absent). No further approval of the application shall be required and the Secretary of the Board, within ten (10) days of the date of approval, shall notify the applicant of the Board's action. Additionally, the Secretary of the Board shall forward the applicant a copy of the approval resolution, adopted in accordance with subsection 25-7.6f of this chapter, within ten (10) days of its adoption by the Board.
8.
When a minor subdivision or minor site plan is disapproved by the Board, the Secretary of the Board, within ten (10) days of such action, shall notify the applicant of such disapproval. Additionally, the Secretary of the Board shall forward the applicant a copy of the disapproval resolution, adopted in accordance with subsection 25-7.6f of this chapter, within ten (10) days of its adoption by the Board, setting forth the reasons for the disapproval.
9.
Within one hundred ninety (190) days from the date of approval by
the Board of a minor subdivision, a plat map drawn in compliance with
the Map Filing Act, P.L. 190 c. 141 (C. 46:29-9.9 et seq.) or deed
description, properly drafted and signed by the Chairman and Secretary
of the Board (or the Acting Chairman or Secretary where either or
both may be absent), shall be filed by the subdivider with the County
Recording Officer after the posting of any required performance guarantee(s).
Unless filed within one hundred ninety (190) days, the approval shall
expire and will require Board approval as in the first instance. The
zoning requirements and general terms and conditions, whether conditional
or otherwise, upon which minor subdivision approval was granted, shall
not be changed for a period of two (2) years after the date of minor
subdivision approval by the Board, provided that the approved minor
subdivision shall have been duly recorded.
10.
Before the Secretary of the Board returns any approved minor subdivision
or minor site plan to the applicant, the applicant shall provide additional
copies of the plat or plan as may be necessary in order to furnish
copies to each of the following:
(a)
Administrative Officer;
(b)
Township Engineer (in the case of subdivisions only, a map of
the plat drawn to the Tax Map scale as directed by the Township Engineer);
(c)
Zoning Officer;
(d)
Township Tax Assessor;
(e)
Township Department of Health;
(f)
Such other Township, County or State agencies and officials
as directed by the Board.
[Ord. No. 10-1987; Ord. No. 20-1990; Ord.
No. 11-2002 §§ 6-11]
a.
Procedure for Submitting Preliminary Major Subdivision Plats and
Preliminary Major Site Plans. The applicant shall submit to the Administrative
Officer at least fourteen (14) days prior to the second Wednesday
of the month: twenty (20) copies of the preliminary plat or preliminary
plan; twenty (20) completed copies of the appropriate applications
which includes the checklist(s)[1] pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter; twenty (20) copies of any protective covenants or deed restrictions applying to the land being subdivided or developed; and a fee in accordance with Section 25-9 of this chapter. The application shall contain an acknowledgment signed by the applicant, stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon preliminary major subdivision plats and preliminary major site plans, and agrees to be bound by it. The Administrative Officer shall process the application and shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats or plans and other documents submitted for processing in conjunction with the application.
[1]
Editor's Note: The checklist referred to herein is included as an attachment to this chapter.
b.
Details Required for Preliminary Major Subdivision Plats and Preliminary
Major Site Plans. Each preliminary plat or preliminary plan shall
be drawn by a professional engineer and/or land surveyor licensed
to practice in the State of New Jersey and shall bear the signature,
seal, license number and telephone number of the said professional
engineer and/or land surveyor; provided, however, that all engineering
data shall be signed and sealed by a professional engineer and all
surveying data shall be signed and sealed by a professional land surveyor.
Each submission shall be drawn at an appropriate scale not less
than 1" equals 100' and shall be submitted on one of four of the following
standard sheet sizes (8 1/2" x 13"; 15" x 21"; 24" x 36"; 30"
x 42"). If one sheet is not sufficient to contain the entire tract,
the map may be divided into sections to be shown on separate sheets
of equal sizes, with reference on each sheet to the adjoining sheets.
Each preliminary plat or plan shall show the following information,
as appropriate to a subdivision plat or site plan, unless the municipal
agency determines and so notifies the applicant that such information
either is unnecessary or inapplicable to the particular subdivision
or development plan:
1.
A key map showing the entire tract and its relation to the surrounding
areas, at a scale of one (1) inch equals not more than two thousand
(2,000) feet;
2.
Title block in accordance with the rules governing title blocks for
professional engineers (N.J.S.A. 45:8-36), including:
(a)
Name of subdivision or development, Aberdeen Township, Monmouth
County;
(b)
Name, title, address and telephone number of subdivider or developer;
(c)
Name, title, address and license number of the professional
or professionals who prepared the plat or plan;
(d)
Name, title and address of the owner or owners of record;
(e)
Scale (written and graphic); and
(f)
Date of original preparation and of each subsequent revision
thereof and a list of the specific revisions entered on each sheet.
3.
North arrow;
4.
Certification that the applicant is the owner of the land or his
properly authorized agent, or that the owner has given his consent
under an option agreement;
6.
Acreage to the nearest tenth of an acre and a computation of the
area of the tract to be disturbed;
7.
The names and lot and block numbers of all property owners within
two hundred (200) feet of the extreme limits of the tract as shown
on the most recent tax list prepared by the Township Tax Assessor;
8.
Existing tax sheet number(s) and existing block and lot number(s)
of the lot(s) to be subdivided or developed as they appear on the
Township Tax Map, and proposed block and lot numbers as provided by
the Township Tax Assessor upon written request;
9.
Tract boundary line (heavy solid line);
10.
Zoning districts, including district names and requirements, and
a comparison to the application;
11.
The locations and dimensions of existing and proposed bridges and
the location of natural features such as wooded areas, and any extensive
rock formations, both within the tract and within two hundred (200)
feet of its boundaries;
12.
The location and species associations of all existing individual
trees or groups of trees having a caliper of eight (8) inches or more
measured three (3) feet above the ground level shall be shown within
the portion(s) of the tract to be disturbed as a result of the proposed
development. The proposed location of all proposed plantings also
shall be indicated and a legend provided listing the botanical and
common names, the sizes at time of planting, the total quantity of
each plant, and the location of each plant keyed to the plan or plat.
13.
Delineation of flood plains, including both floodway and flood fringe
areas, wetlands and hydric soil lands; within the tract and within
one hundred (100) feet thereof.
14.
All existing and proposed water courses (including lakes and ponds)
shall be shown and accompanied by the following information:
(a)
When a stream is proposed for alteration, improvement or relocation
or where a drainage structure or fill is proposed over, under, in
or along a running stream, a report on the status of review by the
State Department of Environmental Protection, Division of Water Resources,
shall accompany the submission;
(b)
Cross-sections of water courses and/or drainage swales at an
approximate scale showing the extent of the flood plain, top of bank,
normal water levels and bottom elevations at the following locations,
where appropriate:
(1)
At any point where a water course crosses a boundary of the
tract.
(2)
At one hundred (100) foot intervals up to five hundred (500)
feet upstream and downstream of any point of juncture of two (2) or
more water courses within the tract.
(3)
At one hundred (100) foot intervals for a distance of five hundred
(500) feet upstream and downstream of any proposed and/or existing
culvert or bridge within the tract.
(4)
At a maximum of one hundred (100) foot intervals, but not less
than two (2) locations, along each water course which runs through
or within a distance prescribed by the Township Engineer.
(5)
When ditches, swales, streams or water courses are to be altered,
and measures to control erosion and siltation, as well as typical
ditch sections and profiles, shall be shown.
(6)
The delineation of the floodways and flood fringe areas of all
water courses within or adjacent to the tract.
(c)
The total acreage of the drainage basin of any water course
running through the tract;
(d)
The location and extent of drainage and conservation easements
and stream encroachment lines;
(e)
The location, extent and water level evaluation of all existing
or proposed lakes or ponds within the tract and within two hundred
(200) feet of the tract.
15.
Existing and proposed contours with intervals of one (1) foot where
slopes are less than two (2%) percent with intervals of two (2) feet
where slopes are between two (2%) percent and fifteen (15%) percent;
and with intervals of five (5) feet where slopes exceed fifteen (15%)
percent. All contour information shall refer to a known datum. Existing
contours shall be shown as a dashed line; finished grades shall be
shown as a solid line. Lands with a topographic slope fifteen (15%)
percent or greater shall be shaded.
16.
Proposals for soil erosion and sediment control as required by N.J.S.A.
4:24-39 et seq.
17.
Locations of all existing structures showing existing and proposed
front, rear and side yard setback distances, an indication of whether
the existing structures and uses will be retained or removed, and
a specific identification of any family burial grounds and buildings
more than fifty (50) years old, both within the tract and within two
hundred (200) feet of its boundary.
18.
Size, height and location of all proposed buildings, structures,
signs and lighting facilities.
19.
All dimensions necessary to confirm conformity to the chapter such
as the size of the tract and any proposed lot(s), structure setbacks,
structure heights, yards and floor area ratios. All tract and lot
sizes shall be expressed in acres and square feet and shall include
bearings and distances.
20.
The proposed location, direction of illumination, power and type
of proposed outdoor lighting including details of lighting poles and
luminaries.
21.
The proposed screening, buffering and landscaping, including a landscaping
plan:
(a)
Buffer zones are required along lot and street lines of all nonresidential lots where said property lines or the centerline of adjacent streets abut residential uses or residential zoning district lines. Each permitted use shall provide landscaped grounds and suitable screening in order to safeguard the character of adjacent districts. The width of the buffer area for each particular district shall be as prescribed in Section 25-4. Buffer areas shall be measured horizontally and at right angles to either a straight lot line or street line or the tangent lines of curved lots or street lines.
Buffer areas may be existing vegetation or newly planted material
and shall be maintained and kept clear of all debris and rubbish.
No above surface structure or activity or the storage of materials
or parking of vehicles shall be permitted in the buffer area. Newly
proposed buffer areas shall be planted and maintained with grass or
ground cover together with a dense screen of trees, shrubs or other
plant materials meeting the following requirements:
(1)
Plant materials used in screen plantings shall be at least six
(6) feet in height when planted and shall be of such density as determined
appropriate for the activities involved. The plant materials shall
be of a species common to the area, be of nursery stock and shall
be free of insect and disease.
(2)
Buffer areas shall be permanently maintained and plant material
which does not live shall be replaced by the owner within two (2)
years or two (2) growing seasons.
(3)
The screen planting shall be so placed that at maturity the
plant material will be no closer than three (3) feet from any street
or property line.
(4)
The buffer area shall not be broken unless specifically approved
by the Board.
(b)
Landscaping in parking areas shall be specified in accordance with the provisions of subsection 25-5.12g of this chapter.
(c)
The Board, at its discretion, may consult with a landscape architect
regarding the appropriateness of the landscaping plan as it relates
to the physical characteristics of the site.
22.
The location and design of any off-street parking area, showing size
and location of bays, aisles and barriers.
23.
All means of vehicular access and egress to and from the site onto
public streets, showing the site and the location of driveways and
curb cuts, including the possible utilization of traffic signals,
channelization, acceleration and deceleration lanes, sight triangle
easements, additional width and other proposed devices necessary to
prevent a difficult traffic situation.
24.
The application shall include plans and computations for any storm
drainage system including the following:
(a)
All existing or proposed storm sewer lines within or adjacent
to the tract showing size and slope of the lines, direction of flow
and the location of each catch basin, inlet, manhole, culvert and
headwall.
(b)
The location and extent of any proposed ground water recharge
basins, detention basins or other water or soil conservation or drainage
devices, with cross sections every fifty (50) feet at right angles
to the long access of the basin, each extending seventy-five (75)
feet beyond the top of the rim of the basin on each side.
(c)
A map drawn to scale (minimum scale 1" = 100') showing the contributing
area to each inlet or cross drain.
(d)
A weighted run-off coefficient for each drainage area shall
be determined for use in the computations.
25.
The location of existing structures such as water and sewer mains,
utility structures, gas transmission lines and high tension power
lines on the tract and within two hundred (200) feet of its boundaries.
26.
Plans of proposed improvements and utility layouts including sewers,
storm drains and water lines and feasible connections to gas, telephone
and electrical utility systems. If private utilities are proposed,
they shall comply fully with all Township, County, State and Federal
regulations. If service will be provided by an existing utility company,
in lieu of detailed plans, a letter from that company stating that
service will be available before occupancy will be sufficient. When
individual on-lot water or sewage disposal is proposed, the plan for
such systems shall be approved for each lot by the appropriate Township
and State agencies and the result of percolation tests and soil log
data, completed in accordance with the requirements and conditions
prescribed by the Township Department of Health, shall be indicated
on the plat or plan or submitted in an accompanying report.
27.
Plans, typical cross sections and construction details, horizontal
and vertical alignments of the centerline of all proposed streets
and of all existing streets abutting the tract. The vertical alignments
shall be based on U.S.G.S. vertical datum or a more specified datum
supplied by the Township Engineer, including curbing, sidewalks, storm
drains, drainage structures and cross sections every half and full
station of all proposed streets and of all existing streets abutting
the tract. Sight triangles, the radius of curblines and street sign
locations shall be clearly indicated at the intersections.
28.
Any protective covenants or deed restrictions applying to the land
being developed shall be submitted with the application and/or indicated
on the submitted plat or plan.
29.
The location and width of all existing and proposed utility easements,
the use(s) for which they are intended to be limited, and the manner
in which the easements will be controlled.
30.
The proposed permanent monuments shall be shown, in accordance with
the Map Filing Law, N.J.S.A. 46:23-9.9.
31.
Certificate from the Township Tax Collector that all taxes and assessments
are paid to date.
32.
In the case of any subdivision or site plan submission of a planned
development, the applicant shall be required to submit all of the
required information for all of the properties comprising the planned
development, regardless of whether the applicant is seeking approval
of the whole or a section of the planned development; specifically,
the applicant shall be required to show the interrelationship of each
portion of the project with the whole of the project considering land
use, traffic, open space, buffering, drainage and surface water management,
sewerage, potable water supply and any other specific planning considerations
as may be of particular relevance to a particular planned development.
33.
The Board reserves the right to require additional information before
granting preliminary approval when unique circumstances affect the
tract and/or when the application for development poses special problems
for the tract and the surrounding area. Such information shall include,
but not be limited to, drainage calculations and traffic analyses,
provided however, that no application shall be declared incomplete
for the lack of such additional information.
34.
Provisions for the separation and storage of recyclable materials.
c.
Environmental Impact Statement.
1.
General Provisions. The impact on the environment generated by land
development projects necessitates a comprehensive analysis of the
variety of problems that may result and the actions that can be taken
to minimize the problems. It is further recognized that the level
of detail required for various types of applications will vary depending
on the size of the proposal, the nature of the site, the location
of the project and the information already in the possession of the
Township. Therefore, having determined that some flexibility is needed
in preparing the Environmental Impact Statement, the requirements
for such a document pertaining to different types of development applications
are listed below:
(a)
All agricultural operations conducted in accordance with a plan
approved by the Soil Conservation District and all silviculture operations
conducted in accordance with a plan prepared by a professional forester
are specifically exempt from the Environmental Impact Statement requirements.
(b)
Any variance applications to the Zoning Board of Adjustment
not involving a site plan or subdivision application shall not require
an Environmental Impact Statement unless specifically requested by
the Board. The Zoning Board of Adjustment shall inform the applicant
regarding any information that may be required.
(c)
Any application for subdivision approval where ten (10) lots
or less are involved and all applications for minor site plan approval,
either to the Planning Board or to the Zoning Board of Adjustment,
as the case may be, shall not require an Environmental Impact Statement
unless specifically requested by the Board.
(d)
All preliminary major subdivision applications where more than
ten (10) lots are involved and/or all preliminary major site plan
applications shall be accompanied by an Environmental Impact Statement.
(e)
Any application requiring an Environmental Impact Statement
shall also require the submission of a Phase I Environmental Assessment
(ASTM 1527)/Preliminary Assessment (N.J.A.C. 7:26E).
2.
Submission Format. When an Environmental Impact Statement is required,
the applicant shall retain one (1) or more competent professionals
to perform the necessary work. The qualifications and background of
the professionals shall be provided, and the method of investigation
shall be described. All applicable material on file in the Township
pertinent to evaluation of regional impacts shall also be considered
including the Township Master Plan. Furthermore, as much original
research as necessary shall be conducted to develop the Environmental
Impact Statement. All Environmental Impact Statements shall consist
of written and graphic materials which clearly present the required
information utilizing the following format:
(a)
Project description. Indicate the purpose and scope of the proposed
project. Enumerate the benefits to the public which will result from
the proposed project and describe the suitability of the site for
the intended use. A description of the proposed project shall be presented
to indicate the extent to which the site must be altered, the kinds
of facilities to be constructed and the uses intended. The resident
population, working population and visitor population shall be estimated.
The compatibility or incompatibility of the proposed project shall
be described in relation to the following:
(b)
Site description and inventory. Provide a description of environmental
conditions on the site which shall include the following items:
(1)
Types of soils. List and describe each soil type on the site.
If applicable, provide percolation data. Where the proposed area of
land disturbance will involve soils with moderate or severe limitations
relative to the type of project proposed, a complete mapping of all
soil types where the moderate and severe limitations exist. Delineate
on preliminary/final construction plans where acid producing deposits,
as defined within the document entitled "Technical Manual for Land
Use Regulation Program, Bureaus of Inland and Coastal Regulations,
Stream Encroachment Permits, Section 2.5, will be exposed during construction.
(2)
Topography. Describe the topographic conditions on the site.
(3)
Geology. Describe the geologic formation and features associated
with the site as well as depth to bedrock conditions. Delineate those
areas where bedrock is within two (2) feet of the surface as well
as major rock outcroppings.
(4)
Vegetation. Describe the existing vegetation on the site. A map shall be prepared showing the location of major vegetative groupings such as woodlands, open fields and wetlands. Where woodlands are delineated, the forest types shall be indicated. In addition to the requirements in subsection 25-5.10 of the chapter, identify the location of specimen trees within the site. Specimen trees are defined as those trees that have a diameter or circumference of eighty (80%) percent of the State record for the individual species.
(5)
Wildlife. Identify and describe any unique habitats of endangered
or protected species. Conduct a New Jersey Department of Environmental
Protection Natural Heritage Program Data Base search as to the possible
presence of threatened or endangered species on site.
(6)
Subsurface water. Describe the subsurface water conditions on
the site both in terms of depth to ground water and water supply capabilities.
The location, depth, capacity and water quality of all existing water
wells on the site and within five hundred (500) feet of the site shall
be indicated. Applicants shall evaluate soil profile pits under the
witness of a representative of the Township Engineer's Office to determine
soil condition and depth to the seasonal high water table. At a minimum,
the number of profile pit evaluations shall be determined by the following:
(i)
One (1) soil profile pit per three (3) acres of
area proposed for development for site plans or subdivisions that
propose up to twenty (20) acres of land disturbance, and add one (1)
profile pit per five (5) acres of developed area for site plans or
subdivisions proposing in excess of twenty (20) acres of land disturbance.
(ii)
In addition to the frequency of soil profile pit
evaluations required above, two (2) soil profile pits shall be evaluated
in each stormwater detention or retention basin.
The depth to the seasonal high water table shall be based upon
mottling. The profile pits shall be excavated to a depth of three
(3) feet beyond the lowest floor elevation of any proposed building,
dwelling, and to six (6) feet below the bottom of a stormwater management
facility. A minimum separation of twenty-four (24) inches shall be
maintained between the lowest floor elevation of any building, dwelling
and from detention/retention basin bottoms.
(7)
Distinctive scenic and/or historic features. Describe and map
those portions of the site that can be considered to have distinctive
scenic and/or historic qualities. Conduct a data base search from
the State Historic Preservation Office as to the presence/absence
of historic or archeologic sites on or adjacent to the site.
(8)
Existing development features. Describe any existing features
on the site that are not considered to be part of the natural environment.
This may include, but not necessarily be limited to, roads, driveway
accesses, housing units, accessory structures, utility lines, etc.
(9)
Miscellaneous. When warranted, an analysis should be conducted
of existing air quality and noise levels as prescribed by the New
Jersey State Department of Environmental Protection.
(c)
Impact. Discuss both the adverse and positive impacts during
and after construction. Indicate those adverse impacts that are unavoidable.
The specific concerns that shall be considered include the following
and shall be accompanied by specific quantitative measurements where
possible and necessary:
(1)
Soil erosion and sedimentation resulting from surface run-off.
(2)
Flooding and flood plain disruption.
(3)
Degradation of surface water quality.
(4)
Ground water pollution.
(5)
Reduction of ground water capabilities.
(6)
Sewage disposal.
(7)
Solid waste disposal.
(8)
Vegetation destruction.
(9)
Disruption of wildlife habitats of endangered and protected
species.
(10)
Destruction or degradation of scenic and historic features.
(11)
Air quality degradation.
(12)
Noise levels.
(13)
Energy utilization.
(d)
Environmental performance controls. Describe what measures will
be employed during the planning, construction and operation phases
which will minimize or eliminate adverse impacts that could result
from the proposed project. Of specific interest are:
(e)
Licenses, permits and other approvals required by law. The applicant
shall list all known licenses, permits and other forms of approval
required by law for the development and operation of the proposed
project. The list shall include approvals required by the Township,
as well as agencies of the County, State and Federal governments.
Where approvals have been granted, copies of said approvals shall
be attached. Where approvals are pending, a note shall be made to
that effect.
(f)
Documentation. All publications, file reports, manuscripts or
other written sources of information which were first consulted and
employed in compilation of the Environmental Impact Statement shall
be listed. A list of all agencies and individuals from whom all pertinent
information was obtained orally or by letter shall be listed separately.
Dates and locations of all meetings shall be specified.
3.
Disposition by the Board. The Board shall review the information
furnished in the Environmental Impact Statement in the context of
the overall design of the proposed development and the relationship
of the proposed development to the environment. The information is
to be used solely to help insure that the proposed development will
cause no reasonably avoidable damage to any environmental resource.
d.
Traffic Impact Statement.
1.
General Provisions. The impact on the existing road systems generated
by land development necessitates a comprehensive analysis of the variety
of problems that may result and the actions that can be taken to minimize
the problems. Therefore, all preliminary major subdivision applications
involving more than ten (10) lots and/or all preliminary major site
plan applications shall be accompanied by a Traffic Impact Statement
unless specifically waived by the Board. Any application for subdivision
approval where less than ten (10) lots are involved and all applications
for minor site plan approval, either before the Planning Board or
Board of Adjustment, as the case may be, shall not require a Traffic
Impact Statement unless specifically requested by the Board.
The Board may waive the requirement for a Traffic Impact Statement
totally or partially only if sufficient evidence is submitted to the
Board indicating that the proposed project will have a negligible
traffic impact, or, alternatively, that a complete report need not
be prepared and submitted in order to evaluate adequately the specific
traffic impact to be generated by the proposed development. The burden
of demonstrating the exceptions hereinabove shall at all times rest
with the applicant, who must affirmatively demonstrate to the Board
the basis for the waiver request.
2.
Contents of Report. The Traffic Impact Statement shall contain the
following information:
(a)
Projections of traffic to be generated by the proposed development
for average daily, morning peak hour(s), afternoon peak hour(s), and
any other peak traffic condition deemed applicable as a result of
the type and/or location of the proposed generator. Traffic generation
rates should be based upon local indices, where available, or rates
promulgated by the Institute of Transportation Engineers, where local
indices are not available. All rates should be documented in the report.
Also, the method and data base upon which traffic approach route distributions
are based shall be fully documented. Any assumptions regarding the
diversion of existing traffic to alternative routes should be clearly
specified in the report.
(b)
The report shall contain documentation of existing conditions
on adjacent streets serving immediate site access/egress, including
roadway pavement width, rights-of-way, curb parking conditions, sight
visibility, grade and curvatures of roadway and traffic control devices.
Existing traffic volumes or average daily and peak hour conditions
shall be presented with the source of data denoted.
(c)
Assessment of the traffic impact of the proposed development
shall be provided, including estimates of levels of services. In preparing
these estimates, assumptions regarding the annual growth rate of existing
traffic should be fully documented. Capacity determination should
be based upon normally accepted standards, with the basis of these
estimates clearly indicated. All substantial applications for development,
both within Aberdeen Township and neighboring municipalities, which
recently have been built, are under construction, have been approved
for construction, or are being considered for approval shall be factored
in the analysis. In the event the project is staged over a period
of time, independent estimates for each stage shall be provided.
(d)
In the event that roadway deficiencies are identified for existing
and/or future conditions, specific recommendations for the resolution
of these problems shall be addressed in the report. The report shall
contain a listing of any and all actions to be undertaken by the applicant
to resolve or minimize traffic problems and, as such, shall be considered
a firm offer by the applicant to undertake such actions, subject to
approval by the Board.
(e)
Any alteration or amendment to the development application which
would substantially alter specific land uses, site acreage, building
floor area, highway access design or other feature which could cause
a significant change in traffic generation rates shall require the
submission of a revised Traffic Impact Statement.
(f)
In situations where State or County highways are adjacent to
and/or potentially impacted by the proposed project, a copy of the
report shall be provided to the Commissioner of Transportation, New
Jersey Department of Transportation for State highways, and/or to
the Monmouth County Department of Transportation for County highways
for their review and comment.
3.
Disposition by the Board. The Board shall review the information
furnished in the Traffic Impact Statement in the context of the overall
design of the proposed development and the traffic impact of the proposed
development on the affected road system. The information is to be
used solely to determine whether or not the proposed development will
create any negative impact(s) upon the roadway system, adjacent properties,
or the zone plan of the municipality. The Traffic Impact Statement
may be forwarded to a Township Traffic Consultant for review and comment.
e.
Action by the Township.
1.
The Application Review Committee shall review the major subdivision
or major site plan application for the purpose of determining, within
forty-five (45) days of its submission, whether said application is
complete. Thereafter:
(a)
If said application is found to contain all of the information required by subsections 25-8.4b, 25-8.4c and 25-8.4d of this chapter, the Application Review Committee shall recommend to the Subdivision Committee, Site Plan Committee, or Zoning Board of Adjustment, as the case may be, that said application is complete. The Subdivision Committee, Site Plan Committee or Zoning Board of Adjustment, as the case may be, shall review said application at its next regularly scheduled meeting and shall certify the application complete within forty-five (45) days of its submission, upon concurrence with the Application Review Committee's recommendation for completeness. If the application is found not to be complete, then the Subdivision Committee, Site Plan Committee or Zoning Board of Adjustment, as the case may be, shall notify the applicant according to the procedure in subsection 25-8.4e1(b).
(b)
If said application is found to lack some of the information required by subsections 25-8.4b, 25-8.4c or 25-8.4d of this chapter, said Application Review Committee shall either:
(1)
Cause the applicant to be notified, in writing, that said application
is incomplete, specifying the deficiencies in the application; or
(2)
If the Application Review Committee reasonably concludes that
the missing items of information are necessary to make an informed
decision on the application, but are not of such significance to cause
the application to be deemed incomplete, said Application Review Committee
may recommend to the Subdivision Committee, Site Plan Committee or
Zoning Board of Adjustment, as the case may be, the application complete,
conditioned upon the submission of the missing items of information
to the Administrative Officer within ten (10) days; or
(3)
If the Application Review Committee reasonably concludes that
the missing items of information are not necessary for it to make
an informed decision on the application, said Application Review Committee
may recommend to the Subdivision Committee, Site Plan Committee or
Zoning Board of Adjustment, as the case may be, waiving the requirement
that said items be supplied as a prerequisite for completeness and
certifying that the application is complete notwithstanding the missing
items.
(d)
In the event the Application Review Committee, Subdivision Committee, Site Plan Committee, or Zoning Board of Adjustment, as the case may be, fails to act pursuant to subsections 25-8.4e1(b)(1), 25-8.4e1(b)(2) or 25-8.4e1(b)(3), hereinabove within forty-five (45) days of the date of submission of the application, said application shall be deemed complete as of the forty-sixth (46th) day following its submission.
2.
On the date the aforesaid application is certified complete, or on
the forty-sixth (46th) day following the submission of the application,
in the event the Application Review Committee, Subdivision Committee,
Site Plan Committee or Zoning Board of Adjustment, as the case may
be, fails to make a determination of completeness, the applicable
time period within which the Board must act upon the application shall
commence. In any case, the applicant is obliged to prove that he or
she is entitled to approval of the application. The Subdivision Committee,
Site Plan Committee or either Board may subsequently require correction
of any information found to be in error, may require submission of
additional information not specified in this Ordinance, and/or may
require revisions in the application documents; as are reasonably
necessary to make an informed decision as to whether the requirements
for approval of the application have been met, provided that the application
shall not be deemed incomplete for lack of any such additional information
or revisions. Such revisions or information shall be submitted to
the Administrative Officer ten (10) days prior to the next meeting
for which the application is scheduled.
3.
Promptly after recommendation of completeness by the Application
Review Committee, the application documents shall be distributed by
the Administrative Officer to the following:
(a)
The Planning Board or the Zoning Board of Adjustment, as the
case may be, (nine (9) copies of the preliminary plat or plan and
nine (9) copies of the application and any protective covenants or
deed restrictions);
(b)
Subdivision Committee or Site Plan Committee, as the case may
be, (one (1) copy each of the preliminary plat or plan, the application
and any protective covenants or deed restrictions);
(c)
Township Fire Subcode Official (one (1) copy each of the preliminary
plat or plan, the application and any protective covenants or deed
restrictions);
(d)
Township Manager (one (1) copy each of the preliminary plat
or plan, the application and any protective covenants or deed restrictions);
(e)
Township Engineer (one (1) copy each of the preliminary plat
or plan, the application and any protective covenants or deed restrictions);
(f)
Township Planner (one (1) copy each of the preliminary plat
or plan, the application and any protective covenants or deed restrictions);
(g)
Township Safety Officer (one (1) copy of the preliminary plat
or plan);
(h)
Zoning Officer (one (1) copy of the preliminary plat or plan);
(i)
Township Department of Health (one (1) copy of the preliminary
plat or plan);
(j)
Township Environmental Commission (one (1) copy of the preliminary
plat or plan);
(k)
Township Tax Assessor (one (1) copy of the preliminary plat
or plan);
(l)
At the direction of the Planning Board or the Zoning Board of
Adjustment, as the case may be, additional copies of the preliminary
plat or plan shall be sent to other Township, County or State agencies
as may be designated by the Board.
4.
The Subdivision Committee or Site Plan Committee, as the case may
be, shall read any written report submitted concerning the application
and shall itself review the submission to ascertain its conformity
with the requirements of this Ordinance. The Subdivision Committee
or Site Plan Committee, as the case may be, shall offer its recommendations
to the Board.
5.
The Planning Board shall take action on a preliminary major site
plan application involving ten (10) acres of land or less and ten
(10) dwelling units or less and/or a preliminary major subdivision
application involving ten (10) lots or less within forty-five (45)
days after the application has been certified complete or within such
further time as may be consented to by the applicant. Failure of the
Board to act within the prescribed time period shall constitute approval
of the application; provided that any preliminary major site plan
or preliminary major subdivision application which includes any requested
variance relief pursuant to N.J.S.A. 40:55D-60 and subsection 25-8.1a2
of this section shall be acted upon within one hundred twenty (120)
days or within such further time as may be consented to by the applicant.
6.
The Planning Board shall take action on a preliminary major site
plan application involving more than ten (10) acres of land or more
than ten (10) dwellings and/or a preliminary major subdivision application
involving more than ten (10) lots within ninety-five (95) days after
the application has been certified complete or within such further
time as may be consented to by the applicant. Failure of the Board
to act within the prescribed time period shall constitute approval
of the application; provided that any preliminary major site plan
or preliminary major subdivision application which includes any requested
variance relief pursuant to N.J.S.A. 40:55D-60 and subsection 25-8.1a2
of this section shall be acted upon within one hundred twenty (120)
days or within such further time as may be consented to by the applicant.
7.
The Zoning Board of Adjustment shall take action on a preliminary major site plan application and/or preliminary major subdivision application under its jurisdiction as prescribed in subsections 25-8.4e4 and 25-8.4e5 hereinabove in cases where the applicant has requested a "use" variance in accordance with N.J.S.A. 40:55D-70d and subsection 25-7.2d of this section. All aspects of the application shall be acted upon within one hundred twenty (120) days after the application has been certified complete by the Zoning Board of Adjustment or within such further time as may be consented to by the applicant. Failure of the Board to act within the prescribed time period shall constitute approval of the application.
8.
Any proposed application for development determined by the Board
to be creating, imposing, aggravating or leading to the possibility
of an adverse effect upon either the property in question or upon
any adjacent properties, may be required to be revised to mitigate
any adverse effect(s) prior to further review or approval by the Board,
or, where the remaining portion of the original tract is sufficient
to be subdivided or further developed, the applicant may be required
to submit a sketch of the entire portion of the tract to indicate
a feasible plan whereby the applied for subdivision or development,
together with subsequent subdivision(s) or development(s), may be
submitted that will not create, impose, aggravate or lead to any such
adverse effect and will comply with the chapter.
9.
In the case of planned developments only, the Board shall find the
following facts and conclusions prior to granting approval:
(a)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning provisions specified in Section 25-6 of this section pursuant to N.J.S.A. 40:55D-65c.
(b)
That the proposals for maintenance and conservation of the common
space are reliable, and the amount, location and purpose of the common
open space are adequate;
(c)
That provision through the physical design of the proposed development
for public services, control over vehicular and pedestrian traffic,
and the amenities of light and air, recreation and visual enjoyment
are adequate;
(d)
That the proposed planned development will not have an unreasonably
adverse impact upon the area in which it is proposed to be established;
(e)
In the case of a proposed development which contemplates construction
over a period of years, that the terms and conditions intended to
protect the interests of the public and of the residents, occupants
and owners of the proposed development in the total completion of
the development are adequate.
10.
All hearings held on applications for preliminary major subdivision approval and preliminary major site plan approval shall require public notice of the hearing. The Board shall set the date, time and place for the public hearing and shall inform the applicant of this at least fourteen (14) days prior to said hearing date. Notice of the hearing shall be given by the applicant at least ten (10) days prior to the date of the hearing. (See subsection 25-7.6d.)
11.
The recommendation of those agencies and officials to whom the preliminary
plat or plan was forwarded shall be given careful consideration in
the final decision on the development application. If the County Planning
Board or the Township Engineer approve the preliminary submission,
such approval shall be noted on the plat or plan. If the Board acts
favorably on the preliminary plat or plan, the Township Engineer and
the Chairman and Secretary of the Board (or the acting Chairman or
Secretary, where either or both may be absent) shall affix their signatures
to at least ten (10) copies of the plat or plan with the notification
that it has been approved. The applicant shall furnish such copies
to the Board.
12.
Should minor revisions or additions to the plat or plan be deemed
necessary, the Board may grant preliminary approval subject to specified
conditions and receipt of revised plans within thirty (30) days from
the date of said approval. Should substantial revisions be deemed
necessary, the Board shall require that an amended plat or plan be
submitted and acted upon as in the case of the original application.
13.
If the Board, after consideration and discussion of the preliminary plat or plan, determines that it is unacceptable, a notation shall be made by the Chairman of the Board to that effect on the plat or plan and a resolution adopted in accordance with subsection 25-7.6f of this Ordinance setting forth the reasons for such rejection. One (1) copy of the plat or plan and said resolution shall be returned to the applicant within ten (10) days of the adoption of said resolution.
f.
Effect of Preliminary Approval.
1.
Preliminary approval shall confer upon the applicant the following
rights for a three (3) year period from the date of preliminary approval:
(a)
That the general terms and conditions on which preliminary approval
was granted shall not be changed, including but not limited to: use
requirements; layout and design standards for streets, curbs and sidewalks;
lot size; yard dimensions; and off-tract improvements; and in the
case of a site plan, any requirements peculiar to site plan approval;
except that nothing therein shall be construed to prevent the municipality
from modifying by Ordinance such general terms and conditions of preliminary
approval as relate to public health and safety;
(b)
That the applicant may submit for final approval, on or before
the expiration date of preliminary approval, the whole or a section
or sections of the preliminary plat or plan; and
(c)
That the applicant may apply for and the Board may grant extensions
on such preliminary approval for additional periods of at least one
(1) year, but not to exceed a total extension of two (2) years, provided
that if the design standards have been revised by Ordinance, such
revised standards may govern.
2.
In the
case of a subdivision or of a site plan for an area fifty (50) acres
or more, the Planning Board may grant the rights referred to in subsection
25-8.4f1 hereinabove for such period of time, longer than three (3)
years, as shall be determined by the Board to be reasonable taking
into consideration:
3.
The applicant may apply for thereafter, and the Board may thereafter
grant, an extension to preliminary approval for such additional period
of time as shall be determined by the Board to be reasonable taking
into consideration:
(a)
The number of dwelling units and nonresidential floor area permissible
under preliminary approval;
(b)
The potential number of dwelling units and nonresidential floor
area of the section or sections awaiting final approval;
(c)
Economic conditions; and
(d)
The comprehensiveness of the development;
(e)
Provided that if the design standards have been revised by Ordinance,
such revised standards may govern.
[Ord. No. 10-1987; Ord. No. 6-1988]
a.
Procedure for Submitting Final Plats and Final Plans. A final plat or final plan shall be submitted to the Administrative Officer within three (3) years after the date of preliminary approval or any authorized extension thereof. The applicant shall submit to the Administrative Officer at least fourteen (14) days prior to the second Wednesday of the month: nineteen (19) copies of the final major subdivision plat or final major site plan; nineteen (19) copies of the appropriate application(s), which includes the checklist(s) pursuant to N.J.S.A. 40:55D-10.3 attached to this chapter;[1] and a fee in accordance with Section 25-9 of this chapter. The application shall contain an acknowledgment signed by the applicant stating that the applicant is familiar with the procedure set forth herein for submitting and acting upon final major subdivision plats and final major site plans, and agrees to be bound by it.
[1]
Editor's Note: The checklist referred to herein is included as an attachment to this chapter.
b.
Details Required for Final Major Subdivision Plats and Final Major
Site Plans. The following information shall be submitted:
2.
All additional details required at the time of preliminary approval
shall be submitted.
3.
A section or staging plan, if proposed, indicating the portion of
the tract to be considered for final approval as part of the current
application and the relationship of the portion of the tract to the
remaining land area, including all applicable comparisons such as
parking spaces, building coverage, lot coverage, open space areas
and number of lots.
4.
Detailed architectural and engineering data including:
(a)
An architect's design drawing of each building and sign or a
typical building and sign showing front, side and rear elevations.
(b)
Cross sections, plans, profiles and established grades of all
streets, aisles, lanes and driveways, including centerline geometry
and horizontal alignments with bearings, radii and tangents.
(c)
Plans and profiles of all storm and sanitary sewers and water
mains.
(d)
All dimensions of the exterior boundaries of any subdivision
shall be balanced and closed to a precision of one (1) to five thousand
(5,000) and the dimensions of all lot lines to within one (1) to ten
thousand (10,000). All dimensions, angles and bearings must be tied
to at least two (2) permanent monuments not less than three hundred
(300) feet apart and all information shall be indicated on the plat.
At least one (1) corner of the subdivision shall be tied horizontally
to the New Jersey State Grid Coordinate System and vertically to the
U.S. Geodetic Survey System, with the data on the plat as to how the
bearings were determined.
5.
The final submission shall be accompanied by the following documents:
(a)
Certification from the Township Tax Collector that all taxes
and assessments are paid to date;
(b)
Letters directed to the Chairman of the Board and signed by
a responsible official of the lighting agency, water company, sewer
utility and of any other company or governmental authority or district
which provides accessory utility service and has jurisdiction in the
area, approving each proposed utility installation design and stating
who will construct the facility so that service will be available
prior to occupancy. The designing engineer(s) shall certify to the
Board that the existing cross-section(s) and profile(s) have been
run in the field and the field notes shall be forwarded to the Township
Engineer;
(d)
A statement from the Township Engineer that all improvements installed prior to application have been inspected as provided in subsection 25-9.2 of this Ordinance, and that such improvements installed prior to application for final approval that do not meet or exceed Township standards shall be factored into the required performance guarantee.
c.
Action by the Township.
1.
The Application Review Committee shall review the aforesaid application
for the purpose of determining, within forty-five (45) days of its
submission, whether said application is complete. Thereafter:
(a)
If said application is found to contain all of the information required by subsection 25-8.5b of this chapter, said Application Review Committee shall recommend to the Subdivision Committee, Site Plan Committee, or Zoning Board of Adjustment, as the case may be, that said application is complete. The Subdivision Committee, Site Plan Committee, or Zoning Board of Adjustment, as the case may be, shall review said application at its next regularly scheduled meeting and shall certify the application complete, within forty-five (45) days after its submission, upon concurrence with the Application Review Committee's recommendation for completeness. If the application is found to be complete, then the Subdivision Committee, Site Plan Committee or Zoning Board of Adjustment, as the case may be, shall notify the applicant according to the procedure in subsection 25-8.5c1(b).
(b)
If said application is found to lack some of the information required by subsection 25-8.5b of this chapter, said Application Review Committee shall either:
(1)
Cause the applicant to be notified, in writing, that said application
is incomplete, specifying the deficiencies in the application; or
(2)
If the Application Review Committee reasonably concludes that
the missing items of information are necessary to make an informed
decision on the application, but are not of such significance to cause
the application to be deemed incomplete, said Application Review Committee
may recommend to the Subdivision Committee, Site Plan Committee, or
Zoning Board of Adjustment, as the case may be, the application complete,
conditioned upon the submission of the missing items of information
to the Administrative Officer within ten (10) days; or
(3)
If the Application Review Committee reasonably concludes that
the missing items of information are not necessary for it to make
an informed decision on the application, said Application Review Committee
may recommend to the Subdivision Committee, Site Plan Committee or
Zoning Board of Adjustment, as the case may be, waiving the requirement
that said items be supplied as a prerequisite for completeness and
certifying that the application is complete notwithstanding the missing
items.
(c)
An applicant who has been notified that his application is incomplete may request waiver of one (1) or more of the submission requirements set forth in subsection 25-8.5b and said request shall be granted or denied by the Board within forty- five (45) days.
(d)
In the event the Application Review Committee, Subdivision Committee, Site Plan Committee, or Zoning Board of Adjustment, as the case may be, fails to act pursuant to subsections 25-8.5c1(b)(1), 25-8.5c1(b)(2) or 25-8.5c1(b)(3) hereinabove within forty-five (45) days of the date of submission of the application, said application shall be deemed complete as of the forty-sixth (46th) day following its submission.
2.
On the date the aforesaid application is certified complete, or on
the forty-sixth (46th) day following the submission of the application,
in the event the Application Review Committee, Subdivision Committee,
Site Plan Committee, or Zoning Board of Adjustment, as the case may
be, fails to make a determination of completeness, the applicable
time period within which the Board must act upon the application shall
commence. In any case, the applicant is obliged to prove that he or
she is entitled to approval of the application. The Subdivision Committee,
Site Plan Committee or either Board may subsequently require correction
of any information found to be in error, may require submission of
additional information not specified in this Ordinance, and/or may
require revisions in the application documents as are reasonably necessary
to make an informed decision as to whether the requirements for approval
of the application have been met, provided that the application shall
not be deemed incomplete for lack of any such additional information
or revisions. Such revisions or information shall be submitted to
the Administrative Officer ten (10) days prior to the next meeting
for which the application is scheduled.
3.
Promptly after recommendation of completeness by the Application
Review Committee, the application documents shall be distributed by
the Administrative Officer to the following:
(a)
The Planning Board or the Zoning Board of Adjustment, as the
case may be, (nine (9) copies of the final plat or plan and nine (9)
copies of the application);
(b)
Subdivision Committee or Site Plan Committee, as the case may
be, (one (1) copy each of the final plat or plan and the application);
(c)
Township Fire Subcode Official (one (1) copy each of the final
plat or plan and the application);
(d)
Township Manager (one (1) copy each of the final plat or plan
and the application);
(e)
Township Engineer (one (1) copy each of the final plat or plan
and the application);
(f)
Township Planner (one (1) copy each of the final plat or plan
and the application);
(g)
Township Safety Officer (one (1) copy each of the final plat
or plan);
(h)
Zoning Officer (one (1) copy each of the final plat or plan
and the application);
(i)
Township Department of Health (one (1) copy each of the final
plat or plan and the application);
(j)
Township Environmental Commission (one (1) copy each of the
final plat or plan and the application);
(k)
At the direction of the Planning Board or the Zoning Board of
Adjustment, as the case may be, additional copies of the final plat
or plan shall be sent to other Township, County or State agencies
as may be designated by the Board.
4.
The Subdivision Committee or Site Plan Committee, as the case may
be, shall read any written report submitted concerning the application
and shall itself review the submission to ascertain its conformity
with the requirements of this Ordinance. The Subdivision Committee
or the Site Plan Committee, as the case may be, shall offer its recommendation
to the Board.
5.
The Board shall take action of final site plan and final subdivision
applications within forty-five (45) days after the application has
been certified complete or within such further time as may be consented
to by the applicant. Failure of the Board to act within the prescribed
time period shall constitute approval of the application.
6.
The recommendations of those agencies and officials to whom the final
plat or plan was submitted shall be given careful consideration in
the final decision on the development application If the County Planning
Board or the Township Engineer approve the final submission, such
approval shall be noted on the plat or plan. If the Board acts favorably
on the final plat or plan, the Township Engineer and the Chairman
and Secretary of the Board (or the acting Chairman or Secretary, where
either or both may be absent) shall affix their signatures to at least
ten (10) paper copies of the plat or plan with the notification that
it has been approved. The applicant shall furnish such copies to the
Board for signing. Moreover, in the case of final subdivisions only,
the applicant shall include for signing one (1) cloth copy and at
least two (2) mylar copies of the approved plat in addition to the
ten (10) paper copies.
7.
After approval of the final plat or plan by the Board, the Secretary of the Board shall retain one (1) paper copy of the signed plat or plan and shall furnish other copies to each of the following within ten (10) days from the date of the adoption of a resolution in accordance with subsection 25-7.6f of this chapter:
(a)
Administrative Officer (one (1) paper copy);
(b)
Township Engineer (one (1) paper copy and, in the case of subdivisions
only, one (1) mylar copy drawn to the tax map scale as directed by
the Township Engineer);
(c)
Zoning Officer (one (1) paper copy);
(d)
Township Tax Assessor (one (1) paper copy),
(e)
The Applicant (one (1) paper copy and, in the case of subdivisions
only, one (1) mylar copy); and
(f)
Such other Township, County or State agencies and officials
as directed by the Board.
8.
Within ninety-five (95) days of the date of approval by the Board
of a final subdivision plat, the subdivider shall file a copy of same
with the Monmouth County Clerk. In the event of failure to file within
said ninety-five (95) days, the approval of the major subdivision
shall expire and any further proceedings shall require the filing
of a new application as in the first instance. The Board, for good
cause shown, may extend the filing for an additional ninety-five (95)
days.
9.
If the Board, after consideration and discussion of the final plat
or plan, disapproves the submission, a notation to that effect shall
be made by the Chairman of the Board on the plat or plan. The Secretary
of the Board, within ten (10) days of such adoption, shall notify
the applicant of such disapproval and forward the applicant a copy
of the adopted resolution setting forth the reasons for the disapproval.
10.
(Reserved)
d.
Effect of Final Approval.
1.
Final approval of a subdivision or site plan shall confer upon the
applicant the following rights for a period of two (2) years from
the date of final approval:
(a)
The zoning requirements applicable to the preliminary approval
first granted and all other rights conferred upon the developer, whether
conditionally or otherwise, shall not be changed.
(b)
If the developer has followed the standards prescribed for final
approval, the Board may extend the period of protection for extensions
of one (1) year each, not exceeding three (3) and extensions.
2.
In the case of a subdivision or site plan for a planned development
or residential cluster of fifty (50) acres or more, or in the case
of a conventional subdivision or site plan of one hundred fifty (150)
acres or more, the Board may grant the rights referred to in subsection
25-8.5d1 hereinabove for such period of time, longer than two (2)
years, as shall be determined by the Board to be reasonable taking
into consideration:
3.
The developer
may apply thereafter and the Board may thereafter grant an extension
to final approval for such additional period of time as shall be determined
by the Board to be reasonable taking into consideration:
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 1-1986.
[Ord. No. 10-1987; Ord. No. 10-1989; Ord. No. 14-1989; Ord.
No. 22-1994; Ord. No. 35-2005 § 2; Ord. No. 21-2007 § II;
Ord. No. 8-2009 § II; Ord. No. 9-2014]
a.
Every application for development shall be accompanied by a check
payable to the Township of Aberdeen in accordance with the following
schedule:
|
Application Charge Plus
|
Escrow Account
| ||||
|---|---|---|---|---|---|
|
1.
|
Subdivisions
| ||||
|
(a)
|
Informal Presentation Without Professional Review
(one (1) appearance only)
|
$100
|
$250
| ||
|
(b)
|
Informal Plat with Professional Review
| ||||
|
(1)
|
Minor Plat
|
$100
|
$600
| ||
|
(2)
|
Major Plat
|
$100
|
$800
| ||
|
(c)
|
Minor Plat
|
$400
|
$1,000
| ||
|
(d)
|
Preliminary Plat
|
$500 plus $10
per lot
|
$1,000 plus $200/ lot
| ||
|
(e)
|
Final Plat
|
$100
|
$750 plus $200/lot
| ||
|
2.
|
Site Plans
| ||||
|
(a)
|
Informal Presentation Without Professional Review
(one (1) appearance only)
|
$100
|
$250
| ||
|
(b)
|
Informal Plan With Professional Review
| ||||
|
(1)
|
Minor Plan
|
$100
|
$700
| ||
|
(2)
|
Major Plan
|
$100
|
$950 per acre, or part thereof, for the first ten (10) acres;
$750 per acre, or part thereof, for the next ten (10) acres; $550
for each additional acre, or part thereof, thereafter
| ||
|
(c)
|
Minor Plan
|
$400
|
$1,000
| ||
|
(d)
|
Preliminary Plan
|
$400
|
$2,000 per acre, or part thereof, for first ten (10) acres;
$1,500 per acre, or part thereof, for next (10) acres; $700 for each
additional acre, or part thereof, thereafter
| ||
|
(e)
|
Final Plan
|
$150
|
$1,000/acre or part thereof plus $50/ dwelling unit
| ||
|
3.
|
Variances
| ||||
|
(a)
|
Appeals (40:55D-70a)
|
$150
|
$600
| ||
|
(b)
|
Interpretation (40:55D-70b)
|
$150
|
$600
| ||
|
(c)
|
Bulk (40:55D-70c)
|
$100/lot variance
$50/additional variance
|
$500
| ||
|
(d)
|
Use (40:55D-70d)
| ||||
|
(1)
|
Existing Structure
|
$225
|
$1,000
| ||
|
(2)
|
On vacant lot
|
$150
|
$1,000
| ||
|
(e)
|
Permit (40:55D-34 and 35)
|
$150
|
$500
| ||
|
4.
|
Appeals to Township Committee
See subsection 25-7.7 of this chapter
|
$200
|
Escrow for transcript and legal costs to be set by Township
Clerk
| ||
|
5.
|
Certified List of Property Owners
See subsection 25-7.6d3 of this chapter
|
$0.25/name or $10, whichever is greater
(N.J.S.A. 40:55D-12)
|
None required
| ||
|
6.
|
Copy of Minutes, Transcripts or Decisions
See subsection 25-7.6e2 and 25-7.8c of this chapter
|
$1/page for first copy of said page plus $0.25/copy for each
additional copy of said page
|
None required
| ||
|
7.
|
Subdivision Approval Certificate
See subsection 25-10.4 of this chapter
|
$100 per Certificate
|
None required
| ||
|
8.
|
Zoning Application
[Ord. No. 9-2014] |
$65
|
None required
| ||
|
Zoning Sign Application
|
$50 per sign
|
None required
| |||
b.
The application charge is a flat fee to cover administrative expenses.
The escrow account is established to cover the cost of professional
services including but not limited to engineering, planning, and other
related expenses associated with the review of the submitted materials;
it shall also cover the cost of legal expenses incurred by the Township,
the Planning Board or the Board of Adjustment which are in any way
associated with the application. Sums not utilized in the review process
shall be returned to the applicant. If additional sums are deemed
necessary, the applicant shall be notified of the required additional
amount and shall add such sum to the escrow within fifteen (15) days;
c.
Where one (1) application for development includes several approval
requests, the sum of the individual required fees shall be paid.
d.
Approval of Performance Guarantees.
1.
Duties of Township Engineer, Township Attorney and Township Clerk.
No performance guarantees shall be presented for approval of the Township
Council until the municipal officials listed below have performed
the following and make certification of their performance, in writing
to the Township Council.
(a)
Township Engineer. The Township Engineer shall:
(1)
Where applicable, examine the plat map of a subdivision to make
certain that it complies with all State laws and this chapter relative
to the preparation and filing of maps or plans for the subdivision
of land.
(2)
Ascertain that the plat of a site plan or subdivision has been
approved by the Monmouth County and Aberdeen Township Planning Boards.
(3)
Determine those acts or things the applicant is to do to protect
the Township, such as to provide proper drainage, streets, curbs,
signs, monuments or any other item or thing and the cost of each,
as well as the maximum time the Engineer recommends granting the applicant
to provide each item or all items.
(4)
Determine if the landowner is an individual, corporation or
partnership; if an individual, his full name and address; if a corporation,
its correct name, date and State of incorporation, the name of its
president and secretary and location of its principal office in this
State; if a partnership, the names and address of all partners.
(5)
Give the applicant a form of the surety company bond required
by the Township, and all figures, dates and details required by paragraph
d1(a)(3) above so that same may be included in the bond to be furnished
to the Township; also, advise the applicant of the amount required
to pay the Township as a proper inspection, testing and administration
fee.
(6)
Deliver to the Township Attorney:
[a]
A copy of the letter advising the applicant of
amount required to pay the Township as proper inspection, testing
and administration fee so that a developer's agreement can be prepared;
and
[b]
The original copy of the surety company bond of
the applicant; and
[c]
The Township Engineer's written certificate addressed
to the Township Council, which certificate and bond shall be delivered
at one (1) and the same time.
(7)
The Township Engineer's certificate shall also state and give
the nature of cash, or its equivalent, deposited as a portion or all
of the performance guarantee (i.e., cash, certified checks, cash escrow
deposit, or other security).
(8)
If there is nothing the applicant needs to do under paragraph
d1(a)(3) above the certificate shall so state and give the reason
therefor.
(b)
Township Attorney. The Township Attorney shall:
(1)
Upon receipt from the Township's Engineer of the surety bond,
Engineer's certificate, and the copy of the Engineer's letter advising
the applicant of the amount required to pay the Township as a proper
inspection, testing and administration fee, the Township Attorney
shall promptly examine said bond and determine whether or not it is
in correct form, content and execution.
(2)
If the bond is not correct, the Township Attorney shall notify
the applicant of its shortcomings. When the bond is or has been made
correct, the Township Attorney shall make a written certification
to that effect to the Township Council. Thereupon the attorney shall
deliver the bond, along with the Engineer's and attorney's certifications
to the Township Clerk.
(3)
If necessary, the Township Attorney shall prepare a developer's
agreement and forward same to developer for execution, and thereafter
upon receipt of executed agreement cause same to be executed by the
Mayor and witnessed by the Clerk following the passage of a resolution
authorizing Township entry into this agreement. The applicant shall
post an initial escrow fee as set forth in said developer's agreement
to reimburse the Township for legal fees incurred in the review and
preparation of the documents and the administration and enforcement
of the terms set forth in said developer's agreement as well as inspection,
testing and administration fees provided in the Township's Engineer's
estimate.
(c)
Township Clerk. Upon the receipt from the Township Attorney
of the bond and certificates of the Engineer and attorney, and the
developer's agreement, the Township Clerk shall:
(1)
Cause the developer's agreement to be executed by the Mayor
and witnessed by the Clerk following a resolution of approval as adopted
by the Township Council; and thereafter
(2)
Collect from the applicant the proper fee or fees, if any, payable
to the Township in accordance with the Engineer's certificate and
the developer's agreement.
(3)
Place the matter of approval of bonds on the agenda of the next
regular meeting of the Township Council for its consideration;
(4)
Submit the bond, certifications, and copies of receipt of payment
to the Township Council at the next regular meeting of the council.
2.
Certificates - Forms, Dating. Each of the certificates shall be dated
and written in letter form upon the stationery of the maker or of
the Township, and signed by him or his authorized agent or representative.
3.
Bond Requirements. There must be attached to the bond an authority
of the surety company empowering the person or persons who executed
the bond for the surety company to do so. If the bonding company is
not a New Jersey corporation, there should also be attached to the
bond proof of its authority to do business in New Jersey and a copy
of its last financial statement, made not more than one (1) year before,
showing its financial conditions. If the principal on the bond is
a corporation, there must be attached to the bond a certified copy
of a resolution adopted by its board of directors authorizing the
execution and delivery of the bond. The bond must also bear the corporate
seal of surety company and the seal, corporate or otherwise, of the
principal.
4.
Copies. The Township Clerk shall keep copies of these bond requirements
for the use of applicants and the general public.
e.
If an applicant desires a court reporter, the cost for taking testimony
and transcribing it and providing a copy of the transcript to the
Township shall be at the expense of the applicant who shall arrange
for the reporter's attendance.
f.
Tax Maps. All subdivision or site plan survey data, as required by
the Planning Board or Zoning Board of Adjustment, as a condition of
approval, shall be submitted to the Township Engineer in AutoCAD or
DXF file format and the following fees shall apply:
1.
$250 for all Minor Subdivisions or Minor Site Plans;
2.
$125 for Major Subdivision per lot;
3.
$750 minimum for Major Site Plan, however, said fee may be increased
at the discretion of the Township Engineer.
[Ord. No. 10-1987; Ord. No. 10-1989; Ord.
No. 14-1989; Ord. No. 22-1994; Ord. No. 35-2005 § 2; Ord. No. 21-2007 § II; Ord. No. 8-2009 § II; Ord. No. 9-2014]
[Ord. No. 10-1987; Ord. No. 10-1989; Ord.
No. 35-2005 § II]
a.
Requirements Specific to Subdivisions.
1.
No final major subdivision application (whether for an entire tract
or a section thereof) shall be approved by the Board until the satisfactory
completion and performance of all required public improvements has
been certified to the Board by the Township Engineer unless the owner
shall have performed the following:
(a)
Satisfactorily completed all required utility installations
and their appurtenances, including water mains, drainage and detention
facilities, culverts, storm sewers, sanitary sewers or dry sewers
and public improvements of open space;
(b)
Satisfactorily completed all required grading and the "macadam
base course" surfacing of all streets;
(c)
Satisfactorily completed the construction of all required curbs;
and,
(d)
Filed with the Township a performance guarantee in accordance with subsection 25-9.2c of this chapter, sufficient in amount to cover the cost of all remaining required improvements, as estimated by the Township Engineer, and assuring the installation of said improvements on or before an agreed date and as hereinafter provided.
2.
Except as hereafter provided, the remaining required improvements
shall be at least fifty (50%) percent completed as to each category
set forth in the performance guarantee within one (1) year from the
date of final approval or by such time as fifty (50%) percent of the
lots in the section in question have been conveyed, in any manner,
by the applicant; whichever shall first occur. At least seventy-five
(75%) percent of the remaining required improvements shall be completed
as to each category as set forth in the performance guarantee within
eighteen (18) months from the date of final approval, or at such time
as seventy-five (75%) percent of the lots in the section in question
have been conveyed, in any manner, by the applicant; whichever shall
first occur. Such improvements shall be one hundred (100%) percent
completed and accepted by the Township within two (2) years from the
date of final approval or at such time as all of the lots in the section
in question have been conveyed in any manner by the applicant, whichever
shall first occur. It is the intention of the Township Council that
this requirement will provide to those living in each new section
of a subdivision a lot that is as complete as possible with respect
to tract and individual lot improvements.
b.
Requirements Specific to Site Plans. No final major site plan application (whether for an entire tract or a section thereof) shall be approved by the Board unless: 1) the Township Engineer has certified to the Board that all required public improvements by the preliminary site plan approval have been satisfactorily completed or, 2) the applicant has entered into a developer's agreement with the Township in a form satisfactory to the Township Attorney and authorized by the governing body requiring the installation and maintenance by the applicant (and the applicant's successors in interest) of the public improvements, imposing such limitations upon, and/or staging of, the development of the site as are necessary to ensure orderly construction of the public improvements, and assuring the installation of the public improvements on or before an agreed date by the filing of a performance guarantee in accordance with subsection 25-9.2c of this chapter.
For purposes of this chapter section, the term "public improvements"
shall mean streets, grading, pavement, gutters, curbs, sidewalks,
street lighting, shade trees, surveyor's monuments, water mains, culverts,
storm sewers, sanitary sewers or other means of sewage disposal, drainage
structures, erosion control and sedimentation devices, open space
and landscaping.
c.
Performance Guarantee.
1.
A performance guarantee estimate shall be prepared by the applicant's
engineer according to the following schedule and submitted to the
Township Engineer for review and approval, setting forth all requirements
for improvements, as fixed by the Board, and their estimated cost.
The Township Council shall pass a resolution either approving or adjusting
this performance guarantee.
(a)
Schedule A. Ninety (90%) percent of the total estimated cost
of the following items shall be posted with the Township in the form
of cash, certified check, negotiable security or bond issued by a
bonding or security company. In addition ten (10%) percent of the
total estimated cost shall be in the form of cash or certified check
or cash escrow deposit.
(b)
Schedule B. Fifteen (15%) percent of the total estimated cost
of the following on-site improvement items shall be posted by the
Township in the form of cash, certified check, negotiable securities
or bonds issued by a bonding or security company. Where the guarantee
is in the form of a certified check, the required amount shall be
reduced to ten (10%) percent of the total estimated amount.
(1)
Sewer and water facilities (if not provided for separately).
(2)
Drainage facilities.
(3)
Streets.
(4)
Traffic control signs and signals.
(5)
Sidewalks.
(6)
Curbing.
(7)
Landscaping.
(8)
Screening.
(9)
Recreational facilities.
(10)
Off-street parking areas.
(11)
Off-street loading and loading area.
(12)
Outdoor lighting.
(13)
Retaining walls and fences.
If at this time the performance guarantee is filed with the
Township, the developer has not filed with the Township proof that
other necessary performance guarantees, (particularly private utility
services) have been filed, the amount of this performance guarantee
shall be increased to reflect the cost of such utility improvements.
2.
The owner shall present two (2) copies of the performance guarantee,
in an amount equal to one hundred twenty (120%) percent of the approved
performance guarantee estimate when secured by a bond or in an amount
equal to one hundred (100%) percent of the approved performance guarantee
when secured by cash or irrevocable letter of credit, for approval
as to form and execution by the Township Attorney.
3.
The Township Attorney shall notify the Secretary of the Board prior
to the meeting that the performance guarantee is properly executed
and can be added to the Agenda.
4.
The performance guarantee shall be made payable and deposited to
Aberdeen Township and shall be in the form of cash, or certified check,
or a performance bond in which the owner shall be principal, the bond
to be provided by an acceptable surety company licensed to do business
in the State of New Jersey. The Township shall issue its receipt for
such deposits and shall cause the same to be deposited in the name
of the Township to be retained as security for completion of all requirements
and to be returned to the owner on completion of all required work
or, in the event of default on part of the owner, to be used by the
Township to pay the cost and expense of obtaining completion of all
requirements. Every bond, whether cash or surety, shall contain a
clause to the effect that a determination by the Township Engineer
that the principal has defaulted in the performance of his obligation
shall be binding upon the surety and the principal.
5.
Ten (10%) percent of the amount of the approved performance guarantee
shall be deposited by the owner in cash with the Township. The remaining
ninety (90%) percent may be in cash or surety bond. In the event of
default, the ten (10%) percent fund herein mentioned shall be first
applied to the completion of the requirements and the cash or surety
bond shall thereafter be resorted to, if necessary, for the completion
of the requirements. The cash or surety bond shall recite the foregoing
provisions.
d.
Inspection and Tests.
1.
All site improvements and utility installations for both site plans
and subdivisions shall be inspected during the time of their installation
under the supervision of the Township Engineer to insure satisfactory
completion. The cost of said inspection shall be the responsibility
of the owner who shall pay to the Township Treasurer a sum in cash
equal to the following:
|
Total Cost of Improvements
|
Escrow Deposit
|
|---|---|
|
$0—$200,000
|
10% of amount—minimum fee $1,000
|
|
$200,000—$1,000,000
|
$20,000 plus 7% of amount in excess of $200,000
|
|
$1,000,000—$5,000,000
|
$76,000 plus 5% of amount in excess of $1,000,000
|
|
More than $5,000,000
|
$276,000 plus 4% of amount in excess of $5,000,000
|
|
If the Municipal Agency determines that a proposed development
involves unusual or complicated aspects which could result in expenses
to the Township in excess of the inspection fees set forth above,
the Municipal Agency may, as a condition of, or of any extension of
or amendment to, final approval, require the developer to provide
an additional escrow deposit. Expenses in excess of the normal inspection
fees may be deducted from the escrow deposit. Any balance shall be
returned to the applicant upon release of performance guarantees and/or
issuance of a final Certificate of Occupancy. In determining the amount
of any escrow required, the Municipal Agency may consider: the duration
and size of the project; unusual design aspects; the degree and extent
of municipal inspection required and the extent of conformity to normal
municipal design standards.
|
2.
In no case shall any paving work be done without permission from
the Township Engineer. At least two (2) working days notice shall
be given to the Township Engineer prior to any construction so that
he or a qualified representative may be present at the time the work
is to be done.
3.
Streets shall not be paved with a wearing course until all heavy
construction is completed. Shade trees shall not be planted until
all grading and earth moving is completed. The seeding of grass and
the placing of surveyor's monuments shall be among the last operations.
4.
The Township Engineer's office shall be notified at least two (2)
days prior to each of the following phases of work so that he or a
qualified representative may inspect the work:
(a)
Road subgrade.
(b)
Curb and gutter forms.
(c)
Curbs and gutters.
(d)
Road and parking lot paving.
(e)
Sidewalk forms.
(f)
Sidewalks.
(g)
Drainage pipes and other drainage or flood control construction.
(h)
Street name signs.
(i)
Monuments.
(j)
Sanitary sewers and septic system.
(k)
Detention and/or retention basins.
(l)
Topsoil, seeding and plantings, including buffer areas.
(m)
Underground utilities.
5.
Any improvement installed contrary to the plan or plat approval by
the Township shall constitute just cause to void the municipal approval.
6.
Any improvement installed without notice for inspection pursuant
to subsection 25-9.2d4 hereinabove shall constitute just cause for:
(a)
Removal of the uninspected improvement;
(b)
The payment by the developer of any costs for material testing;
(c)
The restoration by the developer of any improvements disturbed
during any material testing; and/or
(d)
The issuance of a "stop work" order by the Township Engineer
pending the resolution of any dispute.
7.
Prior to notifying the governing body of the completion or substantial
completion of any improvements covered by the performance guarantee,
the subdivider or developer shall prepare and submit to the Township
Engineer a set of the approved Public Improvements and Public Sewer
and Water Plans and Profiles amended to read "as constructed."
8.
Inspection by the Township of the installation of improvements and
utilities shall not operate to subject the Township of Aberdeen to
liability for claims, suits or liability of any kind that may at any
time arise because of defects or negligence during construction or
at any time thereafter; it being recognized that the responsibility
to maintain safe conditions at all times during construction and to
provide proper utilities and improvements is upon the owner and his
contractor, if any.
9.
Upon the completion or substantial completion of all required appurtenant
utility improvements, and the connection of same to the public system,
the obligor may notify the Township Council in writing, by certified
mail in care of the Township Clerk, of the completion or substantial
completion of the improvements and shall simultaneously send a certified
copy thereof to the Township Engineer. Within ten (10) working days
of receipt of the notice, the Township Engineer shall inspect all
the improvements of which such notice has been given and file a detailed
report, in writing, with the Township Council, indicating either approval,
partial approval or rejection of such improvements with a statement
of the reasons for any rejection. The costs of the improvements as
approved or rejected shall be set forth.
10.
In the event that final approval of a development has been granted
in stages or sections, and hence, the construction of the required
improvements is to be undertaken in stages or sections, bonding and
inspection of improvements shall also be in stages or sections.
e.
Release. The Township Council shall approve, partially approve or
reject the improvements, on the basis of the report from the Township
Engineer, and shall notify the obligor, in writing, by certified mail,
of the Engineer's report and the action of the Township Council, not
later than sixty-five (65) days after the receipt of the notice of
the obligor of the completion or substantial completion of the improvements.
Failure of the Township Council to send or provide such notification
to the obligor within the sixty-five (65) days shall be deemed to
constitute approval of the improvements and the obligor and the surety,
if any, shall be released from all liability pursuant to the performance
guarantee for such improvements.
1.
Where partial approval is granted, the obligor shall be released
from all liability pursuant to the performance guarantee for such
improvements, except for that portion adequately sufficient to secure
provision of the improvements not yet approved; provided that thirty
(30%) percent of the performance guarantee posted may be retained
to ensure the completion of all improvements and that said thirty
(30%) percent may be applied against all improvements, regardless
of when completed.
2.
If any portion of the required improvements is rejected, the obligor
shall complete such improvements and, upon completion, shall notify
the Township Council as specified in subsection 25-9.2d9 of this chapter
and the same procedures shall be followed as in the first instance.
3.
If any improvements have not been installed in accordance with the
performance guarantee, the subdivider or developer and surety shall
be liable thereon to the Township for the reasonable cost over and
above the ten (10%) percent cash deposit on the improvements not installed
and, upon receipt of the proceeds thereof, the Township shall install
such improvements. The Township shall also have all other remedies
as may be lawfully available.
4.
Bonds, if any, shall be released first; cash shall be released last.
f.
Conditions and Acceptance of Improvements. The approval of any application
for development by the Township shall in no way be construed as acceptance
of any street or drainage system, or other improvement, nor shall
approval obligate the Township in any way to exercise jurisdiction
over such street or drainage system or other improvement. No improvements
shall be accepted by the Township Council unless and until all of
the following conditions have been met:
1.
The Township Engineer shall have certified in writing that the improvements
are completed and that they comply with the requirements of this Ordinance;
2.
The final application for development shall have been approved by
the Board;
3.
The owner shall have filed with the Township Council a maintenance
guarantee in an amount equal to and not more than fifteen (15%) percent
of the cost of installing the improvements. The maintenance guarantee
shall run for a period of two (2) years. The procedures and requirements
governing such maintenance guarantee shall be identical with the procedures
and requirements for a performance guarantee set forth in this chapter.
The requirements for a maintenance guarantee may be waived by the
Township Council only if the Township Engineer has certified that
the improvements have been in continuous use for not less than two
(2) years from the date the Township Engineer certified completion
of such improvements and that during this period the owner has maintained
the improvements in a satisfactory manner; and,
4.
The time allowed for installation of the improvements for which the
performance guarantee has been provided may be extended by the governing
body by resolution, provided, however, that it is the policy of the
Township that no such extension shall be approved unless circumstances
have prevented the developer from completing the improvements within
the time allowed. As a condition or as part of any such extension,
the amount of the original performance guarantee shall be increased
or reduced, as the case may be, to one hundred twenty (120%) percent
of the estimated cost of the installation as certified by the Township
Engineer at the time of passage of the resolution extending the time.
[Ord. No. 10-1987]
a.
Required Improvements. Applicants shall be required, as a condition
for approval of a subdivision, site plan or conditional use, to pay
their pro rata share of the cost of providing reasonable and necessary
street improvements, transportation facilities, and/or water, sewerage
and drainage facility improvements, any necessary easements therefor,
and any public facility improvements (i.e., public recreation, public
buildings, public equipment) and all items necessary to carry out
and maintain the Township's public functions located outside the property
limits of the subject premises, but indicated in the Township Infrastructure
Improvement Plan and necessitated or required by construction or improvements
within such subdivision or development. The following criteria shall
be utilized in determining the developer's proportionate pro rata
monetary share for the necessary off-tract developments.
b.
Improvements to be Constructed at the Expense of the Developer. In
cases where the need for an off-tract improvement is created by the
proposed subdivision or development and where no other property owners
receive a special benefit thereby (as opposed to a mere incidental
benefit), the applicant may be required, as a condition of approval
and at the applicant's sole expense, to acquire and/or improve lands
outside the tract or improve public facilities and dedicate such lands
or facilities to Aberdeen Township or Monmouth County or, in lieu
thereof, require the subdivider or developer to deposit with the Township
a sum of money sufficient to allow the Township to acquire and/or
improve such lands or make public facility improvements on conditions
it may deem appropriate under the circumstances.
c.
General Standards for Other Improvements. In cases where the need
for any off-tract improvements to be implemented now or in the future
is necessitated by the proposed development application, and where
it is determined that properties outside the development will also
be benefited by the improvement, the following criteria, together
with the provisions or rules and regulations of Aberdeen Township,
the Township Utility Authority or any department thereof, may be utilized
in determining the applicant's proportionate share of such improvements:
1.
Sanitary Sewers. For distribution facilities, including the installation,
relocation or replacement of collector, trunk and interceptor sewers,
pump stations, and the installation, relocation or replacement of
other appurtenances associated therewith, the applicant's proportionate
share shall be computed as follows:
(a)
The capacity and the design of the sanitary sewer system shall
be based on the Rules and Regulations for the Preparation and Submission
of Plans for Sewerage Systems, New Jersey State Department of Environmental
Protection, and all Aberdeen Township Utility Authority design standards,
including infiltration standards.
(b)
Developer's pro rata share.
(1)
The capacity of the existing system to serve the entire improved
drainage area shall be computed. If the system is able to carry the
total development drainage basin, no improvement or enlargement cost
will be assigned to the applicant although some charges including,
but not limited to, capacity charges may be imposed. If the existing
system does not have adequate capacity for the total development drainage
basin, the prorated enlargement or improvement share shall be computed
as follows:
|
Applicant's Cost
Total Enlargement or Improvement Cost
|
=
|
Development gpd
Total Projected Tributary gpd
|
(2)
If it is necessary to construct a new system in order to develop
the subdivision or development, the prorated enlargement share to
the applicant shall be computed as follows:
|
Applicant's Cost
Total Project Cost
|
=
|
Development Tributary
Total Tributary gpd to New System
|
(3)
The plans for the improved system or the extended system shall
be prepared by the applicant's engineer. All work shall be calculated
by the applicant and approved by the Township Engineer.
2.
Water Distribution Systems. For distribution facilities including
the installation, relocation or replacement of water distribution
pipe systems and the installation, relocation or replacement of other
associated appurtenances; the applicant's proportionate share shall
be computed as follows:
(a)
The distribution pipe sizes of the system as well as the capacity
of the system shall be determined from the requirements of the National
Board of Fire Underwriters and all Township design standards.
(b)
The applicant's pro rata share shall be:
|
Applicant's Cost
Total Enlargement or Improvement Cost
|
=
|
Development Demand gpm
Total Service Area Demand gpm
|
(c)
The plans for the improved system or the extended system shall
be prepared by the applicant's engineer and reviewed by the Township
Engineer.
3.
Transportation Facilities. For street widening, alignment, channelization
of intersections, construction of barriers, new or improved traffic
signalization, signs, curbs, sidewalks, trees, utility improvement
uncovered elsewhere, the construction or reconstruction of new or
existing streets and other associated streets or transportation improvements,
the applicant's proportionate cost shall be determined as follows:
(a)
The applicant's engineer shall provide the Township Engineer
with the existing and anticipated peak-hour volumes which impact the
off-tract areas in question, which volumes shall analyze pedestrian,
bicycle and motor vehicle traffic.
(b)
The applicant shall furnish a plan for the proposed off-tract
improvements, which shall include the estimated peak-hour traffic
generated by the proposed development.
The ratio of the peak-hour traffic generated by the proposed
development to the future peak-hour traffic shall form the basis of
the proportionate share. The prorated share shall be computed as follows:
|
Applicant's Cost
Total Cost of Roadway Improvement and/or Extension
|
=
|
Additional Peak Hour Traffic Generated by the Development
Future Total Peak Hour Traffic
|
4.
Drainage Improvements. For the storm water and drainage improvements
including the installation, relocation, or replacement of storm drains,
culverts, catch basins, manholes, riprap, or improved drainage ditches
and appurtenances thereto and the relocation or replacement of other
storm drainage facilities or appurtenances associated therewith, the
applicant's proportionate share shall be determined as follows:
(a)
The capacity and design of the drainage system to accommodate
storm water runoff shall be based on a method described in Urban Hydrology
for Small Watersheds; Technical Release 55, Soil Conservation Service
USDA; January 1975; as amended, and shall be computed by the applicant's
engineer and approved by the Township Engineer.
(b)
The capacity of the enlarged, extended or improved system required
for the subdivision or development, and areas outside of the subdivision
or development shall be computed by the applicant's engineer and be
subject to the approval of the Township Engineer.
The plans for the improved system shall be prepared by the applicant's
engineer, and the estimated cost of the enlarged system shall be calculated
by the Township Engineer. The prorated share for the proposed improvements
shall be computed as follows:
|
Applicant's Cost
Total Enlargement or Improvement Cost of Drainage Facilities
|
=
|
Development cfs
Total Tributary cfs
|
5.
Public Facility Improvements. For all public facilities, but not
limited to public recreation, public parking areas, public buildings,
municipal equipment, materials and all else necessary to carry out
and maintain the municipal public functions, the applicant's proportionate
cost shall be determined as follows:
(a)
The applicant, through their professional, shall provide the
Township with the existing and projected population statistics which
impact the off-tract areas in question. Existing population statistics
shall be obtained from Township or County agencies while the projected
population of the development shall be based upon the demographic
report by the applicant of the anticipated population. The off-tract
area limits, in determining the existing population, shall be provided
by the Township to the applicant.
(b)
The applicant's pro rata share shall be computed as follows:
|
Applicant's Cost
Total Cost of Public Facility Improvements
|
=
|
Additional Population Projected for the Development
Total Population Within Off-Tract Area
|
d.
Escrow Accounts. Where the proposed off-tract improvement is to be
undertaken at a future date, funds required for the improvement shall
be deposited to the credit of the Township in a separate account until
such time as the improvement is constructed.
In lieu of a cash escrow account, developers may present irrevocable
letters of credit for the term required in a form acceptable to the
Township Attorney. If the off-tract improvement has not begun within
ten (10) years of the deposit, all monies and interest shall be returned
to the applicant, or the letter of credit, as the case may be, surrendered.
An off-tract improvement shall be considered "begun" if the Township
has taken legal steps to provide for the design and financing of such
improvements.
e.
Referral to Governing Body.
1.
Where applications for developments suggest the need for off-tract
improvements, whether to be installed in conjunction with developments
in question or otherwise, the Planning Board or the Zoning Board of
Adjustment, as the case may be, shall forthwith forward to the Council
a list and description of all such improvements together with a request
that the governing body determine and advise the Board of the procedure
to be followed in construction or installation thereof including timing.
The Board shall defer final action upon the subdivision or site plan
until receipt of the governing body's determination of the expiration
of ninety (90) days after the forwarding of such a list and description
to the Township Council without determinations having been made, whichever
comes first.
2.
The governing body, within ninety (90) days after receipt of said
list and description, shall determine and advise the Planning Board
or Zoning Board of Adjustment, as the case may be, concerning the
procedure to be followed and advise the Board with regard to suggested
conditions of approval, if any, to adequately protect the municipality.
3.
In the event that the Planning Board or Zoning Board of Adjustment,
as the case may be, is required by statute to act upon the application
prior to receipt of the governing body's determination as to construction
of off-tract improvements, it shall request the applicant to consent
to an extension of time, within which to act, of sufficient duration
to enable the governing body to make the aforesaid determination.
In the event that the applicant is unwilling to consent to the requested
extension of time, the Planning Board or Zoning Board of Adjustment,
as the case may be, shall in its discretion, either itself determine
the procedure to be followed in constructing the aforesaid improvements
or shall condition its approval upon the subsequent determination
of the governing body.
f.
Implementation of Off-Tract Improvements.
1.
In all cases, applicants shall be required to enter into an agreement
or agreements with the Township in regard to off-tract improvements,
in accordance with this chapter and any other ordinances, policies,
rules, and regulations of the Township, County, and State of New Jersey,
and any departments, authorities, or agencies thereof.
2.
Where properties outside the subject tract will be benefited by the improvements, the governing body may require the applicant to escrow sufficient funds in accordance with subsection 25-9.3d (Escrow Accounts), hereinabove, to secure the applicant's pro rata share of the eventual cost of providing future structural improvements based upon the standards expressed herein.
3.
Where properties outside the subject tract will benefit by the improvements,
the governing body may determine that the improvement or improvements
are to be installed by the municipality as a general improvement—the
cost of which is to be borne as a general expense.
If the governing body shall determine that the improvement or
improvements shall be constructed or installed as a general improvement,
the governing body may direct the Planning Board to estimate, with
the aid of the Township Engineer or such other persons who have pertinent
information or expertise, the amount (if any) by which the total cost
thereof will exceed the total amount by which all properties including
the subject tract will be specifically benefited thereby, and the
subdivider or developer shall be liable to the municipality for such
expense.
4.
If the governing body shall determine that the improvement or improvements
shall be constructed or installed as a local improvement, all or a
part of the cost is to be assessed against properties benefited thereby
in proportion to the benefits conferred by the improvements in accordance
with Chapter 56 or Title 40 of the Statutes of the State of New Jersey;
the applicant may be required to sign an agreement acknowledging and
agreeing to this procedure.
In addition, the governing body may require that the applicant
shall be liable to the municipality in addition to the amount of any
special assessments against the subject property for benefits conferred
by the improvement or improvements; the difference between the total
cost actually incurred and the total amount by which all properties
including the subject tract are specially benefited by the improvement
as the same may be determined by the municipal assessing authority.
5.
If the governing body shall determine that the improvements are to
be constructed or installed by the applicant, such agreement may contain
provisions consistent with the standards in this Ordinance and any
other rules, regulations, or policies of the Township of Aberdeen,
County of Monmouth, and State of New Jersey; and any departments,
authorities, or agencies thereof with jurisdiction therein; whereby
the applicant shall be reimbursed by the municipality or otherwise,
as a result of any participation fees, connection charges, charges
paid in regard to developer's agreements with other applicant's, and
the like; all in accordance with an agreement between the governing
body and the applicant.
6.
In determining the procedures to be followed in the event of the
submission of a list and request from the Planning Board, the governing
body shall be guided by the following standards and considerations:
(a)
The local trends in regard to the probability of development
within the drainage or circulation area in question and the intensity
of such a development;
(b)
The risk and exposure that neighboring areas are subject to
in the event that the improvements to be required are delayed;
(c)
The extent to which temporary measures may sufficiently alleviate
the condition or conditions requiring the off-tract improvements and
the likelihood that larger, regional or subregional facilities will
be required in the future to serve the development tract and the general
area of the municipality in which the same is located; and
(d)
The extent to which the health, safety, and welfare of the residents,
both current and future, depend upon the immediate implementation
of the off-tract improvement.
|
INFRASTRUCTURE IMPROVEMENT PLAN
| |
|---|---|
|
Road and Drainage Improvements
| |
|
1.
|
County Road (Cliffwood Avenue to Route 35)—Widening,
curbs, sidewalks, and drainage.
|
|
2.
|
Biondi Street—Reconstruction and drainage.
|
|
3.
|
County Road at Cliffwood Avenue—New signalization.
|
|
4.
|
County Road at Railroad—Rail crossing improvements.
|
|
5.
|
Cliffwood Avenue at Railroad—Rail crossing
improvements.
|
|
6.
|
County Road Vicinity—Local park.
|
|
7.
|
County Road Route 35—Signal improvements.
|
|
8.
|
Lenox Avenue, Lakeshore Drive—Road improvements,
curbs, sidewalks, and drainage.
|
|
9.
|
Seawood, North Concourse, Wayside Drive, South Concourse,
Prospect Avenue, Shadynook Avenue, Sherwood Drive—Road improvements,
curbs, sidewalks, and drainage.
|
|
10.
|
Oakshades Avenue, Cross Avenue, Washington Avenue—Road
improvements, curbs, sidewalks, drainage, and water mains.
|
|
11.
|
Atlantic Avenue (Little Street to Rail Station)—Road
improvements, curbs, sidewalks, and drainage improvements.
|
|
12.
|
Line Road and Lloyd Road—New signalization.
|
|
13.
|
Line Road—Curbs, sidewalks, and drainage.
|
|
14.
|
Lloyd Road Improvements (Northland to Railroad Bridge)—Road
widening and sidewalks.
|
|
15.
|
Blair Road Improvements—Sidewalks.
|
|
16.
|
Cambridge Drive at Lloyd Road—Signalization
upgrading.
|
|
17.
|
Cambridge Drive, Courtland Lane, Carol Lane, Chilton
Lane, Cypress Lane—Road Improvements, curbs, sidewalks, and
drainage.
|
|
18.
|
Reids Hill Road—Road reconstruction, widening,
curbs, sidewalks, and drainage.
|
|
19.
|
Wilson Avenue—Reconstruction, curbs, sidewalks,
improvements to drainage, water and sanitary systems.
|
|
20.
|
Greenwood Avenue—Road reconstruction, curbs,
sidewalks, and drainage.
|
|
21.
|
Freneau Park—Regional recreational facility.
|
|
22.
|
Grand Avenue, Willow Avenue, Euclide Avenue, Anna
Street, Springlaw Avenue, Charles Street—Road reconstruction,
curbs, sidewalks, improvements to drainage, water and sanitary systems.
|
|
23.
|
Route 516 (County Line to Borough Boundary)—Road
widening, curbs, sidewalks, drainage, water and sanitary systems,
signalization upgrading.
|
|
24.
|
Route 516 at Route 79, Matawan Borough—Signalization
improvements, road improvements, curbs, sidewalks, and drainage.
|
|
25.
|
Texas Road at Route 79, Matawan Borough—New
signalization, road improvements, curbs, sidewalks, drainage, water
mains, and sanitary system.
|
|
26.
|
Texas Road at Rail Crossing—Improve grade
crossing, elevations, and road improvements.
|
|
27.
|
Wilson Avenue at Birch Swamp Creek—Reconstruct
bridge over Birch Swamp Creek.
|
|
28.
|
Texas Road—Road reconstruction, curbs, sidewalks,
drainage, water and sanitary sewer.
|
[Ord. No. 12-1999 § 1; Ord. No. 13-2008; 6-21-2018 by Ord. No. 16-2018]
a.
Development Fees.
1.
Purpose.
(a)
In Holmdel Builder's Association v. Holmdel Township. 121 N.J.
550 (1990), the New Jersey Supreme Court determined that mandatory
development fees are authorized by the Fair Housing Act of 1985 (the
Act), N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject
to the Council on Affordable Housing's (COAH's) adoption of rules.
(b)
Pursuant to P.L. 2008, c. 46, Section 8 (N.J.S.A. 52:27D-329.2)
and the Statewide Nonresidential Development Fee Act (N.J.S.A. 40:55D-8.1
through 40:55D-8.7), the Council on Affordable Housing (COAH) is authorized
to adopt and promulgate regulations necessary for the establishment,
implementation, review, monitoring, and enforcement of municipal affordable
housing trust funds and corresponding spending plans. Municipalities
that are under the jurisdiction of a court of competent jurisdiction
and have an approved spending plan may retain fees collected from
nonresidential development.
(c)
Pursuant to the March 10, 2015, Supreme Court Order, the Court
transferred all functions, powers, and duties to the Courts. Any and
all reference to COAH shall mean the Courts.
(d)
This section establishes standards for the collection, maintenance,
and expenditure of development fees pursuant to COAH's and the Court's
regulations and in accordance P.L. 2008, c. 46, Sections 8 and 32
through 38. Fees collected pursuant to this article shall be used
for the sole purpose of providing low- and moderate-income housing.
This article shall be interpreted within the framework of COAH's rules
on development fees, codified at N.J.A.C. 5:97-8.[1]
[1]
Editor's Note: N.J.A.C. 5:97 is reserved.
3.
Imposition of Affordable Housing Development Fees.
(a)
Residential Development.
(1)
Within the all zoning districts in Aberdeen Township, residential
developers, except for developers of the types of development specifically
exempted below, shall pay a fee of 1.5% of the equalized assessed
value for residential development, provided that no increased density
is permitted.
(2)
Where an increase in density is permitted through a variance
granted pursuant to N.J.S.A. 40:55D-70d(5) or a rezoning, redevelopment
plan, or redevelopment plan amendment that is adopted after the effective
date of this ordinance, developers shall be required to pay a development
fee of 6.0% of the equalized assessed value for each additional unit
that may be realized, except that this provision shall not be applicable
to a development that will include a set-aside of affordable housing
units. However, if the zoning on a site has changed during the two-year
period preceding the filing of such a variance application, the base
density for the purposes of calculating the bonus development fee
shall be the highest density permitted by right during the two-year
period preceding the filing of the variance application.
(b)
Nonresidential Development.
(1)
Within all zoning districts, nonresidential developers, except
for developers of the types of development specifically exempted below,
shall pay a fee equal to 2.5% of the equalized assessed value of the
land and improvements for all new nonresidential construction on an
unimproved lot or lots, provided that no increase in floor area is
permitted.
(2)
Nonresidential developers, except for developers of the types
of development specifically exempted below, shall pay a fee equal
to 2.5% of the increase in total equalized assessed value resulting
from any additions to existing structures to be used for nonresidential
purposes.
(3)
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee of 2.5%
shall be calculated on the difference between the equalized assessed
value of the preexisting land and improvements and the equalized assessed
value of the newly improved structure, i.e. land and improvements,
at the time the final certificate of occupancy is issued. If the calculation
required under this section results in a negative number, the nonresidential
development fee shall be zero.
(4)
Developers that convert any portion of an existing residential
structure to a nonresidential use shall pay a development fee of 2.5%.
The development fee shall be calculated based on the increase in the
equalized assessed value of the converted structure.
4.
Eligible Exactions, Ineligible Exactions, and Exemptions.
(a)
Residential Development.
(1)
Developers of low- and moderate-income housing shall be exempt
from paying development fees, provided that the minimum number of
affordable units required for the development is completed in accordance
with this chapter. A payment-in-lieu-of-construction or development
fee payment shall only be used to fund affordable housing activities
within the Township in accordance with N.J.A.C. 5:97[5] or as approved by COAH or the Court.
[5]
Editor's Note: N.J.A.C. 5:97 is reserved.
(2)
Developments that have received preliminary or final site plan
approval prior to the adoption of a municipal development fee ordinance
shall be exempt from development fees, unless the developer seeks
a substantial change in the approval. Where a site plan approval does
not apply, a zoning and/or building permit shall be synonymous with
preliminary or final site plan approval for this purpose. The applicable
development fee percentage shall be vested on the date that the building
permit is issued.
(3)
Owner-occupied residential structures demolished and replaced
because of a fire, flood, or natural disaster shall be exempt from
paying a development fee.
(4)
Development fees shall be imposed and collected when an existing
structure is demolished and replaced. The development fee shall be
calculated on the increase in the equalized assessed value of the
improved structure.
(5)
Development fees shall be imposed and collected when an existing
structure undergoes a change to a more intense use, which requires
the issuance of a certificate of occupancy (for example, when a single-family
home is converted to a two-family home or a single-family home is
converted to an apartment building). The development fee shall be
calculated on the increase in the equalized assessed value of the
improved structure.
(6)
Development fees shall be imposed and collected when a certificate
of occupancy is issued for a new residential unit on a newly created
lot that is the result of a subdivision. The development fee shall
be calculated on the equalized assessed value of the land and improvements.
(7)
Additions to existing homes and improvements such as decks,
patios and like shall be exempt from the payment of a development
fee.
(b)
Nonresidential Development.
(1)
The nonresidential portion of a mixed-use inclusionary or market-rate
development shall be subject to the 2.5% development fee, unless otherwise
exempted below.
(2)
The 2.5% development fee shall not apply to an increase in equalized
assessed value resulting from alterations, change in use within the
existing building footprint, reconstruction, renovations and repairs.
(3)
Nonresidential developments shall be exempt from the payment
of nonresidential development fees in accordance with the exemptions
required pursuant to P.L. 2008, c. 46, as specified in the Form N-RDF
"State of New Jersey Nonresidential Development Certification/Exemption"
Form. Any exemption claimed by a developer shall be substantiated
by that developer.
(4)
A developer of a nonresidential development exempted from the
nonresidential development fee pursuant to P.L. 2008, c. 46, shall
be subject to the development fee at such time as the basis for the
exemption no longer applies, and shall make the payment of the nonresidential
development fee, in that event, within three years after that event
or after the issuance of the final certificate of occupancy for the
nonresidential development, whichever is later.
(5)
If a property that was exempted from the collection of a nonresidential
development fee thereafter ceases to be exempt from property taxation,
the owner of the property shall remit the fees required pursuant to
this section within 45 days of the termination of the property tax
exemption. Unpaid nonresidential development fees under these circumstances
may be enforceable by Aberdeen Township as a lien against the real
property of the owner.
(6)
Developers that have received final approval prior to the adoption
of a municipal development fee ordinance shall be exempt from paying
a development fee, unless the developer seeks a substantial change
in the approval.
5.
Collection of fees.
(a)
Upon the granting of a preliminary, final or other applicable
approval, for a development, the applicable approving authority shall
direct its staff to notify the construction official responsible for
the issuance of a building permit.
(b)
For nonresidential developments only, the developer shall also
be provided with a copy of Form N-RDF "State of New Jersey Nonresidential
Development Certification/Exemption" to be completed as per the instructions
provided. The developer of a nonresidential development shall complete
Form N-RDF as per the instructions provided. The construction official
shall verify the information submitted by the nonresidential developer
as per the instructions provided in the Form N-RDF. The Tax assessor
shall verify exemptions and prepare estimated and final assessments
as per the instructions provided in Form N-RDF.
(c)
The construction official responsible for the issuance of a
building permit shall notify the local tax assessor of the issuance
of the first building permit for a development that is subject to
a development fee.
(d)
Within 90 days of receipt of that notice, the municipal tax
assessor, based on the plans filed, shall provide an estimate of the
equalized assessed value of the development.
(e)
The construction official responsible for the issuance of a
final certificate of occupancy shall notify the local assessor of
any and all requests for the scheduling of a final inspection on property
that is subject to a development fee.
(f)
Within 10 business days of a request for the scheduling of a
final inspection, the municipal assessor shall confirm or modify the
previously estimated equalized assessed value of the improvements
associated with the development; calculate the development fee; and
thereafter notify the developer of the amount of the fee.
(g)
Should Aberdeen Township fail to determine or notify the developer
of the amount of the development fee within 10 business days of the
request for final inspection, the developer may estimate the amount
due and pay that estimated amount consistent with the dispute process
set forth in Subsection b. of Section 37 of P.L. 2008, c.46 (N.J.S.A.
40:55D-8.6).
(h)
Fifty percent of the development fee shall be collected at the
time of issuance of the building permit. The remaining portion shall
be collected at the issuance of the certificate of occupancy. The
developer shall be responsible for paying the difference between the
fee calculated at building permit and that determined at issuance
of certificate of occupancy.
(i)
Appeal of development fees:
(1)
A developer may challenge residential development fees imposed
by filing a challenge with the County Board of Taxation. Pending a
review and determination by the Board, collected fees shall be placed
in an interest-bearing escrow account by Aberdeen Township. Appeals
from a determination of the Board may be made to the tax court in
accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq. within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
(2)
A developer may challenge nonresidential development fees imposed
by filing a challenge with the Director of the Division of Taxation.
Pending a review and determination by the Director, which shall be
made within 45 days of receipt of the challenge, collected fees shall
be placed in an interest-bearing escrow account by Aberdeen Township.
Appeals from a determination of the Director may be made to the tax
court in accordance with the provisions of the State Tax Uniform Procedure
Law, N.J.S.A. 54:48-1 et seq. within 90 days after the date of such
determination. Interest earned on amounts escrowed shall be credited
to the prevailing party.
6.
Affordable Housing Trust Fund.
(a)
There is hereby created a separate, interest-bearing housing
trust fund to be maintained by the chief financial officer of the
Township for depositing development fees collected from residential
and nonresidential developers and proceeds from the sale of units
with extinguished controls.
(b)
The following additional funds, if collected by the Township,
shall be deposited in the Affordable Housing Trust Fund and shall
at all times be identifiable by source and amount:
(1)
Payments in lieu of construction of affordable units shall be
separately identifiable from other payments in lieu of construction
as a sub-account within the Affordable Housing Trust Fund;
(2)
Developer-contributed funds to make 10% of the adaptable entrances
in a townhouse or other multistory attached development accessible;
(3)
Rental income from municipally operated units;
(4)
Repayments from affordable housing program loans;
(5)
Recapture funds;
(6)
Proceeds from the sale of affordable units; and
(7)
Any other funds collected in connection with Aberdeen Township's
affordable housing program.
(c)
All interest accrued in the housing trust fund shall only be
used to fund eligible affordable housing activities approved by the
Court.
7.
Use of Funds.
(a)
The expenditure of all funds shall conform to a spending plan
approved by the Court. Funds deposited in the housing trust fund may
be used for any activity approved by the Court to address the Aberdeen
Township's fair share obligation and may be set up as a grant or revolving
loan program. Such activities include, but are not limited to: preservation
or purchase of housing for the purpose of maintaining or implementing
affordability controls; rehabilitation; new construction of affordable
housing units and related costs; accessory apartment, market to affordable,
or regional housing partnership programs; conversion of existing nonresidential
buildings to create new affordable units; green building strategies
designed to be cost-saving and in accordance with accepted national
or state standards; purchase of land for affordable housing; improvement
of land to be used for affordable housing; extensions or improvements
of roads and infrastructure to affordable housing sites; financial
assistance designed to increase affordability; administration necessary
for implementation of the Housing Element and Fair Share Plan; or,
any other activity as permitted pursuant to N.J.A.C. 5:97-8.7 through
8.9[6] and specified in the approved spending plan.
[6]
Editor's Note: N.J.A.C. 5:97 is reserved.
(b)
Funds shall not be expended to reimburse Aberdeen Township for
past affordable housing activities.
(c)
At least 30% of all development fees collected and interest
earned shall be used to provide affordability assistance to low- and
moderate-income households in affordable units included in the municipal
Fair Share Plan. One-third of the affordability assistance portion
of development fees collected shall be used to provide affordability
assistance to those households earning 30% or less of median income
by region.
(1)
Affordability assistance programs may include down payment assistance,
security deposit assistance, low-interest loans, rental assistance,
assistance with homeowners' association or condominium fees and special
assessments, and assistance with emergency repairs.
(2)
Affordability assistance to households earning 30% or less of
median income may include buying down the cost of low- or moderate-income
units in the municipal Fair Share Plan to make them affordable to
households earning 30% or less of median income.
(3)
Payments in lieu of constructing affordable units on site and
funds from the sale of units with extinguished controls shall be exempt
from the affordability assistance requirement.
(e)
No more than 20% of all revenues collected from development
fees, may be expended on administration, including, but not limited
to, salaries and benefits for municipal employees or consultant fees
necessary to develop or implement a new construction program, a Housing
Element and Fair Share Plan, and/or an affirmative marketing program.
In the case of a rehabilitation program, no more than 20% of the revenues
collected from development fees shall be expended for such administrative
expenses. Administrative funds may be used for income qualification
of households, monitoring the turnover of sale and rental units, and
compliance with the Court's monitoring requirements. Legal or other
fees related to litigation opposing affordable housing sites or objecting
to the Council's regulations and/or action are not eligible uses of
the affordable housing trust fund.
8.
Monitoring.
(a)
Aberdeen Township shall complete and return to the New Jersey
Department of Community Affairs (NJDCA), Local Government Services,
all monitoring forms required in connection with the collection of
development fees from residential and nonresidential developers, payments
in lieu of constructing affordable units on site, funds from the sale
of units with extinguished controls, barrier free escrow funds, rental
income, repayments from affordable housing program loans, and any
other funds collected in connection with its housing program, as well
as in connection with the expenditure of revenues and implementation
of the plan approved by the Court.
(b)
All monitoring reports shall be completed on forms designed
by the NJDCA or successor entity for that purpose.
9.
Ongoing Collection of Fees.
(a)
The ability for Aberdeen Township to impose, collect and expend
development fees shall expire with the end of the repose period covered
by its judgment of compliance unless the Township has filed an adopted
Housing Element and Fair Share Plan with the Court or with a designated
administrative entity of the State of New Jersey, has petitioned for
a judgment of compliance or substantive certification, and has received
approval of its development fee ordinance by the entity that will
be reviewing the Housing Element and Fair Share Plan.
(b)
If Aberdeen Township fails to renew its ability to impose and
collect development fees prior to the expiration of its judgment of
compliance, it may be subject to forfeiture of any or all funds remaining
within its municipal trust fund. Any funds so forfeited shall be deposited
into the "New Jersey Affordable Housing Trust Fund" established pursuant
to Section 20 of P.L. 1985, c. 222 (N.J.S.A. 52:27D-320). Aberdeen
Township shall not impose a development fee on a development that
receives preliminary or final site plan approval after the expiration
of its judgment of compliance, nor shall the Township retroactively
impose a development fee on such a development. Aberdeen Township
shall not expend any development fees after the expiration of its
judgment of compliance.
Editor's Note: Prior ordinance history includes portions of
Ordinance No. 18-1982.
[Ord. No. 10-1987]
These rules, regulations and standards shall be considered the
minimum requirements for the protection of the public health, safety
and welfare of the citizens of the Township. Any action taken by the
Township under the terms of this chapter shall give primary consideration
to the above mentioned matters and to the welfare of the entire community.
[Ord. No. 10-1987]
The Planning Board, when acting upon applications for preliminary or minor subdivision approval or upon applications for preliminary site plan approval, shall have the power to grant such exceptions from the requirements for such subdivision or site plan approval as specified in Sections 25-5 and 25-8 of this chapter if an applicant or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one (1) or more of said requirements is impracticable or will exact undue hardship; however, any exception granted by the Planning Board must be reasonable and within the general purpose and intent of the rules, regulations and standards established by this chapter. The Zoning Board of Adjustment shall have the power to grant such exceptions when acting upon applications for preliminary or minor subdivision approval or for preliminary site plan approval in connection with applications for a use or "d" variance. Waivers should be formally requested at the time of application.
[Ord. No. 10-1987; Ord. No. 5-2007 § 9; Ord. No. 9-2014]
a.
The Construction Official and the Zoning Officer. It shall be the
duty of the Construction Official and the Zoning Officer of the Township
to administer and enforce the provisions of this chapter. No structure
or lot shall be used in violation of this chapter.
1.
It shall be the duty of the Construction Official to keep a record
of all applications and all construction permits which are either
issued or denied, with notations of any conditions involved, which
data shall form a part of the Township public records. A monthly report
of construction permits shall be filed with the Tax Assessor and the
Township Council. It shall be the duty of the Zoning Officer to keep
a record of all zoning permits, copies of which shall be available
at charge to any person having a proprietary or tenancy interest in
the structure or land affected.
2.
It shall be the duty of the Zoning Officer to inspect the structures
and land in the Township and order the owner in writing to remedy
any condition found to exist in violation of the provision(s) of this
chapter. For purposes of this inspection, the Zoning Officer shall
have the right to enter any building or premises during reasonable
hours, subject to due process of law. Said order shall specify that
the owner must contact the Zoning Officer within ten (10) days after
service of the order to propose a plan to remedy the violations cited.
3.
In the event that an owner cited for violations of this chapter fails
to propose a remedial plan within ten (10) days, or in the event that
such plan is deemed unacceptable to the Zoning Officer, said Zoning
Officer shall so inform the Township Manager and Township Attorney.
The Township Attorney shall advise the Township Manager and Zoning
Officer of the legal options available to facilitate remedial action
in each individual case.
4.
Upon notice being served of any land use existing in violation of
any provision(s) of this chapter, the Certificate of Occupancy for
such shall thereupon, without further notice, be null and void and
a new Certificate of Occupancy shall be required for any further use
of the structure or land.
b.
Construction and Zoning Permits.
1.
Construction permits shall be required as provided by the State Uniform
Construction Code, its subcodes, and regulations promulgated pursuant
thereto. Fees for construction permits shall be in accordance with
the applicable Ordinances of the Township.
2.
A zoning permit shall be required, and issued by the Zoning Officer
as a condition precedent to the commencement of a use or the erection,
construction, reconstruction, alteration, conversion or installation
of a structure or building.
4.
The zoning permit shall state the location of the property, its block
and lot, name and address of owner, description of the permitted use
and whether or not the use is permitted by Ordinance, a variance,
established nonconforming use, and/or existence of nonconforming structure.
5.
Should the Zoning Officer decline to issue a zoning permit, the reason
for doing so shall be so stated on two (2) copies of the application
and one (1) copy shall be returned to the applicant.
6.
(Reserved)
[Reserved by Ord. No. 9-2014]
c.
Certificate of Occupancy.
1.
Upon the completion of any building, structure or alteration in compliance
with this chapter and any other ordinance, rule or regulation, the
owner or his agent shall apply to the Construction Official, in writing,
for the issuance of a Certificate of Occupancy for said structure,
building or alteration pursuant to the provisions of this section,
but only when:
(a)
The structure or part(s) thereof and the proposed use conform
to this chapter and all other applicable codes and ordinances of the
Township;
(b)
Prior site plan, subdivision and variance approvals, as may
be necessary, have been granted by the appropriate municipal agency
or municipal agencies in accordance with the provisions of this chapter;
(c)
All local taxes and assessments on the property have been paid;
and
(d)
A letter from each utility company has been received by the
Township stating that the utility has been inspected in accordance
with the approved plan and is ready for use.
2.
Every application for a Certificate of Occupancy shall be accompanied
by payment of the fee in accordance with the applicable Ordinances
of the Township.
3.
The Construction Official shall issue a Certificate of Occupancy
to the owner of every structure, building or alteration entitled to
same, within the time and according to the procedures set forth in
the New Jersey State Uniform Construction Code, and in this chapter.
4.
With respect to any finally approved subdivision and/or site plan
or subsection thereof, a Certificate of Occupancy shall be issued
only upon the completion of the following improvements as such improvements
may be required as part of subdivision and/or site plan approval:
(a)
Curbs.
(b)
All utilities.
(c)
Water supply and sewerage treatment facilities, which shall
be functioning and servicing the property in question.
(d)
Storm drainage facilities.
(e)
Rough grading of the property.
(f)
Base course of the street or streets serving the property.
(g)
Base course of driveways and parking areas.
5.
With respect to any individual residential lot within a subdivision,
a Certificate of Occupancy shall be issued only upon the completion
of the following improvements, in addition to those listed in subsection
25-10.3c4 hereinabove, to the extent the same are required as part
of the subdivision approval:
6.
A copy of any issued Certificate of Occupancy shall be kept on file
at the premises affected and shall be shown to the Construction Official
upon request.
7.
Should the Construction Official decline to issue a Certificate of
Occupancy, his reason for doing so shall be stated on two (2) copies
of the application and one (1) copy shall be returned to the applicant.
8.
A Temporary Certificate of Occupancy may be issued for a new structure
or use for which site approval has been granted although not all conditions
of said approval have been complied with. Such Temporary Certificate
of Occupancy shall be issued only in extenuating circumstances and
only with the approval of the Construction Official who shall establish
specific terms and conditions, including, but not limited to, a time
limit for the installation of the incompleted improvements and the
receipt of an appropriate performance guarantee assuring the installation
of the improvements as indicated on the approved plat or plan.
9.
A monthly report of the Certificates of Occupancy issued shall be
filed with the Tax Assessor. A record of all Certificates of Occupancy
shall be kept in the office of the Construction Official and copies
shall be furnished on request to any person having a proprietary or
tenancy interest in the structure or land affected. The charge for
each copy shall be established by resolution of the Township Committee
except that there shall be no charge to a municipal agency.
10.
The following shall be unlawful until a Certificate of Occupancy
is issued by the Construction Official:
(a)
Occupancy and use of a building erected, constructed, restored,
altered, or moved, or any changes in use of an existing building.
(b)
Occupancy use or change in use of vacant land, other than for
agricultural purposes.
(c)
Any change in the use of a nonconforming use.
(d)
Occupancy and use of any enlargement to an existing structure.
[Ord. No. 10-1987; Ord. No. 10-1989]
a.
A prospective purchaser, prospective mortgagee or any other person
interested in any land in the Township which has been part of a subdivision
in effect as of July 14, 1973 may apply in writing to the Administrative
Officer for the issuance of a certificate certifying whether or not
such subdivision has been duly approved by the Planning Board.
b.
Such application shall contain a diagram showing the location and
dimension of the land to be covered by the certificate and the name
of the owner thereof. A fifty ($50) dollar fee shall be paid to the
Administrative Officer, on behalf of the Township, for the requested
certificate.
c.
The Administrative Officer shall make and issue such certificate
within fifteen (15) days after receipt of the written application
and accompanying fee. The Administrative Officer shall keep a duplicate
copy of each certificate, consecutively numbered, including a statement
of the fee received, in a binder as a permanent record in his or her
office.
d.
Each certificate shall be designated a "Certificate as to Approval
of Subdivision of Land" and shall certify:
1.
Whether there exists a duly established Planning Board and whether
there is a duly adopted Ordinance controlling the subdivision of land;
2.
Whether the subdivision, as it relates to the land shown in the application,
has been approved by the Planning Board and, if so, the date of such
approval, any conditions attached to such approval and any extensions
and terms thereof showing that the subdivision, of which the subject
lands are a part, is a validly existing subdivision; and
3.
Whether such subdivision, if the same has not been approved, is statutorily
exempt from the requirements of approval as provided in N.J.S.A. 40:55D-1
et seq. and as defined in this chapter.
[Ord. No. 10-1987]
In case any building or structure is erected, constructed, reconstructed,
altered, moved or converted; or any building, structure or land is
used in violation of, or contrary to, the provisions of this chapter,
or any building, structure or land is used in violation of, or contrary
to, any approved site plan and/or subdivision plat, including any
conditions made thereto, the Township may institute an action to enjoin
or any other appropriate action or proceeding to prevent such erection,
construction, reconstruction, alteration, conversion or use. However,
nothing in this chapter shall be construed to restrict the right of
any party to obtain a review by any court of competent jurisdiction
according to law.
[Ord. No. 10-1987]
a.
Fines. Any violation hereunder shall be considered an offense punishable
by a fine not to exceed one thousand ($1,000) dollars for each offense
or imprisonment for a term not exceeding ninety (90) days or both.
The following rules shall apply in determining responsibility for
violations and penalties:
1.
The owner, general agent, contractor or occupant of a building, premises
or part thereof where such a violation has been committed or does
exist shall be guilty of such an offense.
2.
Any agent, contractor, architect, engineer, builder, corporation
or other person who commits, takes part or assists in such violation
shall be guilty of such offense.
3.
Each day that a violation continues after notification that it exists
shall constitute a separate offense.
4.
The imposition of penalties herein shall not preclude the Township
or any other person from instituting an action to prevent an unlawful
construction, reconstruction, alteration, repair, conversion, or use
or to restrain, correct or abate a violation, or to prevent the illegal
occupancy of a building, land or premises.
b.
Selling Land Before Final Subdivision Approval.
1.
If, before final subdivision has been granted, any person, as owner
or agent, transfers or sells or agrees to transfer or sell any land
which forms a part of a subdivision for which municipal approval is
required in accordance with the provisions of this chapter, except
pursuant to an agreement expressly conditioned on final subdivision
approval, such person shall be subject to a penalty not to exceed
one thousand ($1,000) dollars, and each lot disposition so made may
be deemed a separate violation.
This chapter may be amended from time to time by the governing
body after the appropriate referrals, notices, hearings and other
requirements of law.
If any section, paragraph, subsection, clause or provision of
this chapter shall be adjudged by the courts to be invalid, such adjudication
shall apply only to the section, paragraph, subsection, clause or
provision so adjudged and the remainder of this chapter shall be deemed
valid and effective.
All sections of the Township Code which contain provisions contrary
to the provisions of this chapter shall be and are hereby repealed.
This chapter shall take effect immediately upon adoption and
publication according to law.
