Borough of Point Pleasant, NJ Article III DEVELOPMENT REGULATIONS

§ 19-25 SITE PLAN REQUIREMENT.

§ 19-25.1 General Requirements and Conditions for Site Plan Exemption.

[Ord. #601, S 109-113; Ord. #92-69, S 1; Ord. #1997-04, S 1; Ord. #1998-19, SS 2, 3; Ord. #2000-01, S 1; Ord. #2003-11, S 1; Ord. #09-2006, S 1]

a. When Exempt.

1. The Planning Board may determine that an application is applicable for site plan exemption if:

(a) The application proposes no major changes from the existing use or site.

(b) The current site conditions or the proposed application does not create any deleterious effects on the site or the surrounding area.

(c) Any addition(s) to a structure(s) will not exceed five hundred (500) square feet of area or ten (10%) percent of the total building area, whichever is less as measured from the exterior dimensions of the addition.

(d) The site has been subject to a previously approved site plan.

(e) Upon recommendation and approval by Planning Board, an accurate survey of the property may substitute in lieu of a previously approved site plan; provided that the following items are shown:

(1) Existing and proposed structures.

(2) Existing and proposed parking areas, with delineated stalls and loading areas.

(3) All existing and proposed site yard, front yard and rear yard dimensions.

(4) Delineated ingress/egress, site access, curbing and sidewalks.

(5) Landscaped areas, buffers, fencing and street trees.

(6) Existing or proposed lighting.

(7) Existing and proposed rights-of-way and easements.

(8) Indication of zoning requirements as compared to the proposed aspects of submission.

2. Single family or two-family residences are exempt from site plan requirements.

b. Conditions of Exemption. As part of any request, the following conditions must be met:

1. The application does not involve an increase in the required parking spaces; however, any additional parking spaces required as result of an addition to a building not exceeding five hundred (500) square feet may be waived by the Planning Board.

2. There shall be no alteration or removal of existing landscaping.

3. No additional loading or refuse areas are needed.

4. There shall be no intrusion or elimination of any existing buffer area.

5. There shall be no alteration of the existing drainage.

6. The work involved shall not negate any conditions of the resolution.

7. No new variance of any kind is required by the change of the structure.

c. Change in Use Exemption.

1. A change in use shall require a site plan, unless each of the following conditions are met:

(a) The use is listed as a permitted use in the particular zone and is otherwise a conforming use.

(b) No new variance of any kind is required by the change of use.

(c) The new use does not require additional parking or loading spaces and does not require the relocation and/or alteration of any existing internal driveways or fire lanes.

(d) The new use will not increase operating hours or require additional screening or buffer areas nor reduce the buffer or landscaped area.

d. Procedures.

1. Prior to the issuance of a building permit, pursuant to the exemption set forth in paragraph a. or for a change in use, as set forth in paragraph c., the applicant and/or property owner shall be required to submit plans and an affidavit signed under oath evidencing compliance with the above conditions set forth in this section. These documents shall be submitted to the Code Enforcement Officer and the Clerk of the Planning Board. The Planning Board shall review and render its opinion, by resolution of approval or denial, within ninety (90) days of the date on which it is received by the Clerk. The Planning Board shall notify the Code Enforcement Officer of any objections it may have with respect to compliance with the conditions set forth above or the issuance of the permit, by resolution of the Board. No building or change in use permits shall be issued to the applicant during this review period unless authorized by resolution of the Planning Board. In the event that any resolution is not filed within the review period aforesaid by the Planning Board, the Construction Official shall be without authority to issue a building permit.

2. No certificate of occupancy shall be given to any application unless all construction conforms to the approved site plan, and there is certification that the taxes are up-to-date.

e. Fees. The fee for an application for classification as an exempt site plan shall be one hundred ($100.00) dollars.

f. The approval of the Board of Adjustment shall substitute for that of the Planning Board whenever the Board of Adjustment has jurisdiction over a site plan pursuant to N.J.S.A. 40:55D-76.

§ 19-25.2 Stages of Site Plan Approval.

[Ord. #601, S 109-114; Ord. #610]

Site plan approval may be obtained in two (2) stages:

a. Preliminary site plan approval shall be a required procedure; provided, however, the approving authority may in its discretion consider any site plan for both preliminary and final approval where an applicant shall submit an application which complies in all respects with the requirements of this ordinance for preliminary and final site plan applications. If the approving authority considers any site plan for both preliminary and final approval, the applicant shall be required to pay all fees set by this ordinance for both preliminary and final site plan applications.

b. Final site plan approval pursuant to this Chapter.

§ 19-26 PROCEDURE ON APPLICATION FOR DEVELOPMENT.

§ 19-26.1 Determination of Complete Application.

[Ord. #601, S 109-115; Ord. #610; Ord. #612; Ord. 650; Ord. #673]

All applications for development shall be submitted to the Clerk of the approving authority and shall be stamped as of the date of the submission. Within seven (7) days after submission, the approving authority Engineer, or the approving authority's designee, shall review the submission to determine whether same is complete on its face and as defined by this ordinance. If the application is incomplete, the application shall be returned, including the fee less twenty-five ($25.00) dollars and expenses incurred by the approving authority. The applicant shall be notified in writing of the deficiencies therein by the Board or the Board's designee for the determination of completeness within forty-five (45) days of the submission of such application or it shall be deemed to be properly submitted. Should the application be deemed complete, the application shall be heard within the time provided in this Chapter as measured from the date of submission.

a. A complete application in the case of a subdivision or relief under N.J.S.A. 40:55D-76 shall include the following:

1. One (1) set of architectural plans showing at least front elevations and dimensions of all proposed structures.

2. One (1) set of floor plans of all proposed structures.

3. Receipted current tax bills.

4. Required fees as set forth in this Chapter.

5. Fourteen (14) sets of sketch plats, showing the following:

(a) Scale not less than one (1") inch equals two hundred (200') feet.

(b) Entire tract shown.

(c) Percentage of each lot covered by existing or proposed structures.

(d) Portion to be subdivided or developed.

(e) Existing and proposed parking facilities, including designation as to the number of spaces.

(f) Existing structures on the premises.

(g) Proposed structures.

(h) Names and addresses of adjoining owners and number and type of structures within two hundred (200') feet (e.g., dwelling units, commercial units, offices, etc.).

(i) Type and number of proposed shrubbery.

(j) Streets or roads within the tract or immediately adjacent including the proposed name of any street(s) whether public or private.

(k) Proposed improvements including, but not limited to, curbs, sidewalks, etc.

(l) Streams within the tract or immediately adjacent.

(m) Existing rights-of-way and easements.

(n) Key map showing the location of the surrounding area and within the community at a scale of not less than one (1") inch equals one thousand (1,000') feet.

(o) Legend indicating zoning requirements as compare to the proposed aspects of the submission.

(p) Square footage of tract.

(q) Existing wooded area within the tract or immediately adjacent.

(r) All existing and proposed side yard, front yard and rear yard dimensions.

(s) A completed application for development.

(t) When the development of this subdivision or improvements within the subdivision are contingent upon information outside the boundaries of said subdivision, such information shall be supplied by the developer.

(u) A copy of any protective covenants or deed restrictions applying to the land being subdivided.

(v) Such other information as may be required by the approving authority.

b. A complete application for development in the case of a request for relief under N.J.S.A. 40:55D-70 shall include the following:

1. Completed applications for development.

2. Receipted tax bills.

3. Required fees.

4. Eleven (11) sets of drawings (scale not less than one (1") inch equals two hundred (200') feet) showing:

(a) Entire tract in question.

(b) Existing structure on tract.

(c) Proposed structure on tract.

(d) Streets, roads, driveway and sidewalk within or immediately adjacent to said track.

(e) All existing and proposed side yard, front yard, and rear yard dimensions.

(f) Where necessary, architectural plans showing at least front elevations and dimensions of proposed structures.

(g) Such other information as may be required by the approving authority.

c. Before the Clerk of the approving authority returns any approval sketch plat to the subdivider, he/she shall have sufficient copies made to furnish one (1) copy to each of the following:

1. Borough Clerk.

2. Borough Engineer.

3. Construction Official.

4. Secretary of the Board of Assessors.

5. Point Pleasant Planning Board.

The cost of the copies will be charged to the subdivider and shall be collected before the return of the original sketch plat to the subdivider.

The approving authority shall classify the application. If classified as a minor subdivision, the minor subdivision shall be approved or denied within forty-five (45) days of the date of submission of a complete application to the Clerk of the approving authority or within such further time as may be consented to by the applicant. Failure of the approving authority to act within the periods prescribed shall constitute minor subdivision approval and a certificate of the Clerk of the approving authority as to the failure to act shall be issued on request of the applicant and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.

Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (C 40:27-6.3) the approving authority shall condition any application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

Approval of a minor subdivision shall expire one hundred ninety (190) days from the date of municipal approval unless within such period a plat in conformity with such approval and the provisions of the "Map Filing Law, P.L. 1960, c. 141 (C 46:23-9.9 et seq.) or a deed clearly describing the approved minor subdivision is filed by the developer with the County Recording Officer, the Municipal Engineer and the Municipal Tax Assessor. Any such plat or deed accepted for such filing shall have been signed by the Chairman and Secretary of the approving authority.

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; provided that the approved minor subdivision shall have been duly recorded.

d. If the plat is classified as a major subdivision, a notation to that effect shall be made on the plat which will be returned to the subdivider for compliance with the procedures in subsection 19-23.6.

§ 19-26.2 Submission of Preliminary Plat of Major Subdivision for Preliminary Approval.

[Ord. #601, S 10-116; Ord. #612]

a. A completed application for preliminary approval of a major subdivision shall be submitted to the Clerk of the approving authority. At the time of filing, the applicable fee shall be paid to the Clerk of the approving authority to cover the costs of publishing notice and of notifying the persons concerned of the pending hearing on said subdivision.

b. The plat and any other engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If the application for development is found to be incomplete, the developer shall be notified thereof within forty-five (45) days of submission of such application or it shall be deemed to be properly submitted.

c. If the approving authority required any substantial amendment in the layout of improvements proposed by the develop that have been the subject of a hearing, an amended application shall be submitted and proceeded upon as in the case of the original application for development. The approving authority shall, if the proposed subdivision complied with the ordinance, grant preliminary approval to the subdivision.

d. Upon the submission to the Clerk of the approving authority of a complete application for a subdivision of ten (10) or fewer lots, the approving authority shall grant or deny preliminary approval within forty-five (45) days of the date of such submission or within such further time as may be consented to by the developer. Upon submission of a complete application for a subdivision of more than ten (10) lots, the approving authority shall grant or deny preliminary approval within ninety-five (95) days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the approving authority shall be deemed to have granted preliminary approval to the subdivision.

e. Copies of the preliminary application shall be forwarded by the Clerk of the approving authority prior to the hearing to the following:

1. Approving authority engineer.

2. Such other municipal, county or state agencies or officials as directed by the approving authority.

§ 19-26.3 Submission of a Preliminary Site Plan for Preliminary Approval.

[Ord. #601, S 10-117; Ord. #612; Ord. #650; Ord. #651: Ord. #673]

a. Stages of Site Plan Approval. Site plan approval may be obtained in two (2) stages:

1. Preliminary site plan approval shall be a required procedure; provided, however, the approving authority may in its discretion consider any site plan for both preliminary and final approval where an applicant shall submit an application which complies in all respects with the requirements of this Chapter for preliminary and final site plan applications. If the approving authority considers any site plan for both preliminary and final approval, the applicant shall be required to pay only the fee fixed by this Chapter for preliminary site plan approval.

2. Final site plan approval pursuant to this Chapter.

b. Preliminary Site Plan.

1. The developers shall submit to the Clerk of the approving authority fourteen (14) copies of the site plan and such other information as required herein. If an application for site plan is found to be incomplete, the developer shall be notified by the approving authority Clerk within forty-five (45) days of the submission of such application or it shall be deemed to be properly submitted. No application shall be determined complete until all taxes are paid.

2. If the approving authority requires any substantial amendment in layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon as in the case of the original application for development. The approving authority shall, if the proposed development complies with this ordinance, grant preliminary site plan approval.

3. Upon the submission to the administrative officer of a complete application for a site plan which involves ten (10) acres of land or less, and ten (10) dwelling units or less, the Planning Board shall grant or deny preliminary approval within forty-five (45) days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan which involves more than ten (10) acres, or more than ten (10) dwelling units, the Planning Board shall grant or deny preliminary approval within ninety-five (95) days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.

§ 19-26.4 Preliminary Approval.

[Ord. #601, S 109-118]

a. If the approving authority acts favorably on a preliminary application, a notation to that effect shall be made on the plat or site plan.

b. Effect of Preliminary Approval. Preliminary approval of a major subdivision or site plan pursuant to this Chapter shall confer upon the applicant the following rights for a three (3) year period from the date of preliminary approval:

1. 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 dimension and off-tract improvements; and, in the case of a site plan, any requirements peculiar to site plan approval; except that nothing herein 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.

2. That the applicant shall submit for final approval on or before the expiration date of preliminary approval, the whole or a section or sections of the preliminary subdivision plat or site plan, as the case may be; and

3. That the applicant may apply for and the approving authority 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.

4. In the case of a subdivision of or site plan for an area of fifty (50) acres or more, the approving authority may grant the rights referred to in subparagraphs 1, 2 and 3 above for such period of time, longer than three (3) years, as shall be determined by the approving authority to be reasonable taking into consideration:

(a) The number of dwelling units and nonresidential floor area permissible under preliminary approval;

(b) Economic conditions; and

(c) The comprehensiveness of the development. The applicant may apply for thereafter and the approving authority may thereafter grant an extension to preliminary approval for such additional period of time as shall be determined by the approving authority to be reasonable taking into consideration:

(1) The number of dwelling units and non-residential floor area permissible under preliminary approval; and

(2) The potential number of dwelling units and nonresidential floor area of the section or sections awaiting final approval;

(3) Economic conditions; and

(4) The comprehensiveness of the development; provided that if the design standards have been revised, such revised standards may govern.

§ 19-26.5 Submission of Final Plat of Major Subdivision or Site Plan.

[Ord. #601, S 109-119]

a. The final plat shall be submitted to the Clerk of the approving authority for final approval within three (3) years from the date of preliminary approval. The approving authority shall act upon the final plat or plan within forty-five (45) days after the date of submission for final approval to the Clerk of the approving authority.

b. The completed application shall be submitted to the Clerk of the approving authority. Unless the preliminary plat or plan is approved without changes, the final plat or plan shall have incorporated all changes or modifications required by the approving authority.

Failure of the approving authority to act within the period prescribed shall constitute final approval and a certificate of the Clerk of the approving authority as to the failure of the approving authority to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required, and shall be so accepted by the County Recording Officer for purposes of filing subdivision plats.

Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (C. 40:27-6.3) in the case of a subdivision, of Section 8 of P.L. 1968, c. 285 (C. 40:27-6.6), in the case of a site plan, the approving authority shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.

c. The complete application for final approval shall be submitted to the Clerk of the approving authority at least twenty-one (21) days prior to the date of the regular approving authority meeting. Unless the preliminary plat or plan is approved without changes, the final plat shall have incorporated all changes or modifications by the approving authority.

d. The final plat or plan shall be accompanied by a statement by the approving authority Engineer that he/she is in receipt of a map showing all utilities or extensions thereof in exact location and elevation, identifying those portions already installed and those to be installed, and that the developer has complied with one (1) or both of the following:

1. Installed all improvements in accordance with the requirements of this Chapter, or

2. A Performance Guarantee has been posted with the approving authority in sufficient amount to assure the completion of all required improvements as set forth in subsection 19-23.11 of this Chapter.

e. Upon final approval, copies of the final plat or plan shall be filed by the approving authority with the following:

1. Borough Clerk.

2. Borough Engineer.

3. Construction Official.

4. Tax Assessor.

5. Point Pleasant Planning Board.

f. A final subdivision plat, after final approval, shall be filed by the developer with the County Recording Officer within ninety-five (95) days from the date of such approval. If any final plat is not filed within this period, the approval shall expire. The approving authority may, for good cause, extend the period for recording for an additional period not to exceed one hundred ninety (190) days from the date of signing of the plat.

g. No plat shall be accepted for filing by the County Recording Officer unless it has been duly approved by the approving authority and signed by the Chairman and Secretary of the approving authority.

§ 19-26.6 Waiver of Requirements Authorized.

[Ord. #601, 109-120]

Exception in application of subdivision or site plan regulation; simultaneous review and approval.

a. The approving authority, when acting upon applications for preliminary or minor subdivision approval, shall have the power to grant such exceptions from the requirements for subdivision approval as may be reasonable and within the general purpose and intent of the provisions of this Chapter for subdivision review if the literal enforcement of one (1) or more of said provisions of this ordinance impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

b. The approving authority, when acting upon applications for preliminary site plan approval shall have the power to grant such exceptions from the requirements of this Chapter for site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review of this ordinance, if the literal enforcement of one (1) or more provisions of this ordinance is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

§ 19-27 PLAT DETAILS FOR SUBDIVISIONS.

§ 19-27.1 Sketch Plat.

[Ord. #601, 109-120]

The sketch plat shall be based on tax map information or some other similarly accurate base at a scale of not less than two hundred (200') feet to the inch to enable the entire tract to be shown on one (1) sheet. The sketch plat shall be designed and drawn by a New Jersey licensed land surveyor or engineer and shall show or include the following information:

a. The location of that portion which is to be subdivided in relation to the entire tract;

b. All existing structures and wooded areas within the portion to be subdivided and within two hundred (200') feet thereof;

c. The name of the owner and of all adjoining property owners as disclosed by the most recent Borough record;

d. The tax map sheet, block and lot numbers.

e. All streets or roads and bodies of water within five hundred (500') feet of the subdivision.

§ 19-27.2 Preliminary Plat.

[Ord. #601, 109-122]

The preliminary plat shall be clearly and legibly drawn or reproduced at a scale of not less than two hundred (200') feet to the inch. The plat shall be designed in compliance with the provisions of this ordinance. The preliminary plat shall be designed and drawn by a New Jersey licensed land surveyor or engineer and shall show or be accompanied by the following information:

a. A key map showing the entire subdivision and its relation to surrounding areas.

b. The tract name, tax map sheet, block and lot number, date, reference meridian, graphic scale and the following names and addresses:

1. Record owner or owners.

2. Subdivider.

3. Person who prepared the map.

c. Acreage of the tract to be divided to nearest tenth of an acre.

d. Sufficient elevations or contours to determine the general slope and natural drainage of the land and the high and low points and tentative cross-sections and center line profiles for all proposed new streets.

e. The location of existing and proposed property lines, streets, buildings, watercourses, railroads, bridges, culverts, drain pipes and any natural features such as wooded areas.

f. Plans of proposed utility layouts (sewers, storm drains, water, gas and electricity) showing feasible connections to existing or any proposed utility systems. When a public sewage system is not available, the developer shall have percolation tests made and submit the results with the preliminary plat. Any subdivision or part thereof which does not meet with the established requirements of this Chapter or other applicable regulations shall not be approved. Any remedy proposed to overcome such a situation shall be approved by the appropriate Borough, County or State health agency.

g. A copy of any protective covenants or deed restrictions applying to the land being subdivided shall be submitted with the preliminary plat.

§ 19-27.3 Final Plat.

[Ord. #601, S 109-123]

The final plat shall be drawn in ink on tracing cloth at a scale of not less than one hundred (100') feet to the inch and in compliance with all the provisions of Chapter 358 of the Laws of 1953. Final plat shall be designed and drawn by a New Jersey licensed land surveyor or engineer. The final plat shall show or be accompanied by the following:

a. Name, date and location of the subdivision, name of owner, graphic scale and reference meridian.

b. Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land to be reserved dedicated to public use, all lots lines and other site lines, with accurate dimensions, bearings or deflection angles and radii arcs and central angles of all curves.

c. The purpose of any easement, right-of-way or land reserved or dedicated to public use shall be designated and the proposed use of sites other than residential shall be noted.

d. Each block shall be numbered and the lots within each block also numbered.

e. Minimum building setback lines on all lots and other sites.

f. Location and description of all monuments.

g. Names of owners of adjoining unsubdivided land.

h. Certification by Engineer or Surveyor as to accuracy of details of plat.

i. Certification that the applicant is agent or owner of the land or that the owner has given consent under an option agreement.

j. When approval of a plat is required by any officer or body of the Borough, State or County, approval shall be certified on the plat.

k. Cross-sections and profiles of streets, approved by the Borough Engineer, may be required to accompany the final plat.

l. Contours at five (5') foot intervals for slopes averaging ten (10%) percent or greater and at two (2') foot intervals for lands of lesser slope.

m. Plans and profiles of storm and sanitary sewers and water mains.

n. Certificate from Tax Collector that all taxes are paid to date.

§ 19-27.4 Improvements.

[Ord. #601, S 109-124]

a. Prior to the granting of final approval, the developer shall have installed or shall have furnished Performance Guarantees for the ultimate installation of the following:

1. Streets.

2. Street signs.

3. Curbs and gutters.

4. Sidewalks.

5. Street lighting.

6. Shade trees.

7. Top soil protection. No top soil shall be removed from the site or used as spoil. Top soil moved during the course of construction shall be redistributed within the subdivision and shall be stabilized by seeding or planting.

8. Monuments to be of the size and shape required by section 4 of Chapter 358 of the Laws of 1953 and shall be placed in accordance with said Statute.

9. Water mains, culverts, storm sewers and sanitary sewers. All such installations shall be properly connected with an approved system and shall be adequate to handle all present and probable future development.

All the previous listed improvements shall be subject to inspection and approval by the Borough Engineer who shall be notified by the developer at least twenty-four (24) hours prior to the start of construction. No underground installation shall be covered until inspected and approved.

b.

c. No final plat shall be approved by the approving authority until the completion of all such improvements has been certified to the approving authority by the Borough Engineer unless the subdivision owner shall have filed with the Borough a Performance Guarantee as set forth in subsection 19-23.11.

§ 19-28 DESIGN STANDARDS AND DETAILS.

Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 601, 736, 831, and 90-9.

§ 19-28.1 Blocks.

[Ord. #2003-13, S 18]

a. Block length and width or acreage within bounding roads shall be such as to accommodate the size of the lot required in the area by the Zoning Ordinance and to provide for convenient access, circulation control and safety of street traffic.

b. In blocks over one thousand (1,000') feet long, pedestrian crosswalks may be required in locations deemed necessary by the Board. Such walkways shall be ten (10') feet wide and straight from street to street.

c. For commercial, group housing or industrial uses, block sizes shall be sufficient to meet all area and yard requirements for such use.

§ 19-28.2 Lots.

[Ord. #2003-13, S 18]

a. Lot dimensions and area shall not be less than the requirements of the Zoning Ordinance.

b. Insofar as is practical, side lot lines shall be at right angles to straight streets and radial to curved streets.

c. Each lot must front upon an approved street at least fifty (50') feet in the right-of-way width.

d. Where extra width has been dedicated for the widening of an existing street, the lot shall begin at such extra width line, and all setbacks shall be measured from such a line.

e. Where there is a question as to the suitability of a lot or lots for their intended use due to factors, such as flood conditions or similar circumstances, the Board may, after adequate investigation, withhold approval of such lots.

f. Where it is deemed necessary by the Board to permit abnormal slopes in the rear of a lot or between lots, such slopes shall not exceed a gradient of three (3) to one (1). When such abnormal slopes are permitted by the Board, the usable area, in addition to the area comprising the slope, in the rear yard or side yard, shall conform with the side and rear yard minimum yard requirements as specified in this Chapter.

g. Grading for individual lots shall provide a minimum of a two (2%) percent slope across grass or ground areas directed away from all units and in the yard areas and a minimum of a one (1%) percent slope on all paved areas directed away from all units.

§ 19-28.3 Streets.

[Ord. #2003-13, S 18]

a. Official Grades.

1. All streets shall be constructed in accordance with official grades adopted by the Borough Engineer and the Board, if previously established.

2. The provisions of the New Jersey Residential Site Improvement Standards (RSIS), N.J.S.A. 5:21-1 et seq. shall govern and control over the provisions of this Chapter for residential development, except as otherwise specifically provided. This Chapter shall apply, however, to nonresidential development, except as otherwise provided herein.

b. The arrangement of streets shall be such as to provide for the extension of existing streets, where appropriate.

c. In general, local residential streets shall be designed to discourage through traffic, and proposed larger traffic generators shall not be permitted through local residential streets. Streets and roadways shall be located to blend with the topographic and aesthetic features of the site. Local residential roads shall be curved wherever possible to avoid conformity of lot appearance and to discourage through traffic. The grade of the streets shall run with the site topography wherever possible and in a manner that provides most of the lots to be at or above the grade of the road.

d. If the subdivision or site plan abuts a major arterial road, the proposed plan shall include provisions to minimize the number of curb cuts or entrances onto and exits from same. Wherever possible, reverse frontage streets shall be employed.

e. Streets shall be of sufficient width and of suitable design to accommodate prospective traffic, but in all cases shall have a right-of-way width, measured from lot line to lot line, of not less than fifty (50') feet.

f. The paved surface width of a municipal street shall be measured between the face of curbs and shall be thirty-three (33') feet.

g. In a subdivision that adjoins or includes an existing street that does not conform to the width designated in the Master Plan, Official Map or as required herein, such additional width shall be dedicated along either or both sides of such street as the municipal reviewing agency may determine to be necessary and reasonable.

h. The width of the right-of-way of internal roads, alleys, and service ways in multi-family, commercial and industrial developments shall be of sufficient width and of suitable design to comply with all applicable municipal requirements and to safely accommodate the anticipated peak traffic, parking and loading needs and to provide sufficient access and turnaround space for firefighting equipment.

i. Grades for minor residential streets shall not exceed eight (8%) percent or have a minimum grade of less than one-half (0.5%) percent. Within fifty (50') feet of the intersection of any street with an arterial street, the maximum grade shall be limited to two (2%) percent. For arterial, collector, industrial or commercial roadways, the maximum grade shall be seven (7%) percent.

j. Street intersections shall be as nearly at right angles as is possible, and in no case shall be less than sixty (60) degrees. At the street corners, curbs shall be rounded with a curve having a radius of not less than twenty-five (25') feet.

k. A vertical curve of sufficient length shall be provided at all changes of grade of streets to provide moving vehicles with a smooth transition and to allow sufficient sight distance to drivers in order to assure traffic and pedestrian safety.

l. Culs-de-sac shall be avoided to the extent feasible. When needed, such streets shall be no longer than six hundred (600') feet from the intersection of the centerline of the two (2) streets to the centerpoint of the turnaround and shall provide a turnaround right-of-way at the end with a radius of not less than forty (40') feet, tangent, whenever possible, to the right side of the street. Where the street or alley is in excess of one hundred (100') feet in length, it shall be subject to a determination by the municipal reviewing agency that the design is such that firefighting apparatus of the municipality shall not be deprived of ready access to structures served by such culs-de-sac. Future extension of the street shall result in the reversion of the right-of-way to the adjoining properties and removal of the existing turnaround. Roadway restoration shall be an off-tract responsibility of the developer creating the improved street extension.

m. In residential developments, four-way intersections shall be prohibited except where deemed desirable by the municipality.

n. Street jogs with centerline offsets of less than one hundred twenty-five (125') feet shall be prohibited.

o. Longitudinal changes in direction along a street shall be made by means of a curve with a minimum centerline radius of one hundred fifty (150') feet for minor streets and a minimum of three hundred (300') feet for arterial or collector roads.

p. Where streets have a reverse curve, a tangent of at least one hundred (100') feet in length shall be required.

q. No streets shall have a name which will duplicate or so nearly duplicate in spelling or phonetic sound names of existing streets so as to be confusing therewith. The continuation of an existing street shall have the same name. The names of new streets must be approved by the Municipal Clerk, Tax Assessor and Engineer in accordance with policies established by the governing body.

r. All intersections shall be provided with sight triangle easements of ninety feet by ninety (90' x 90') feet for intersections of minor streets and a triangle with a two hundred (200') foot base for collector roads. Measurement shall be from the centerlines of the respective intersecting streets.

s. Pavement Specifications.

1. All underground utilities shall be installed prior to the installation of pavement.

2. All unsuitable materials, such as debris, stumps, loose boulders, silt, soft clay, muck or other materials, shall be removed from the right-of-way limits, as may be directed by the Municipal Engineer.

3. All excavation for utilities or for removing unsuitable materials shall be refilled to the proper road grade in twelve (12") inch maximum lifts with select fill material consisting of an approved sand and gravel material. Each select fill lift shall be compacted to ninety-five (95%) percent of its modified Proctor density. Where deemed necessary by the Municipal Engineer, crushed stone or New Jersey Department of Transportation (NJDOT) type 5, class A quarry process stone shall be utilized. Subbase for the roadway shall be six (6") inches of compacted New Jersey Department of Transportation (NJDOT) Mix I-4 soil aggregate.

4. If the road base remains wet for prolonged periods or is unstable as a result of wet conditions, the Municipal Engineer may require the installation of subsurface piping to drain the road base.

5. Road Base Course. After the subbase has been thoroughly compacted to ninety-five (95%) percent of its modified Proctor density, graded, shaped and approved by the Municipal Engineer, a minimum of four (4") inches of hot bituminous stabilized base course shall be installed in two (2") inch lifts in all minor roads in accordance with the latest requirements of the New Jersey Department of Transportation (NJDOT) Standard Specifications for Road and Bridge Construction for Mix I-1. The Municipal Engineer may permit installation of one (1) four (4") inch lift if conditions warrant. The thickness of the base course shall be increased as deemed necessary by the Municipal Engineer, depending on anticipated traffic and soil conditions for roads other than minor and local roads. The base course for the entire road or large section thereof shall be installed as soon as possible to afford access to the site and shall be installed prior to issuing Certificates of Occupancy for any house fronting same.

6. Road Surface Wearing Course. The road surface pavement course shall be hot type FABC-1 bituminous concrete surface course and shall be manufactured and installed in accordance with the New Jersey Department of Transportation (NJDOT) Standards for Road and Bridge Construction (latest revision) for Mix I-5. The required minimum compacted thickness shall be one and one-half (1 1/2") inches for all minor streets with sound and stable base. Prior to the placement of the road surface wearing course, the cleaned road base course shall be given an application of grade RC-70 or RC-T cutback asphalt or grade RS-1 emulsified asphalt at a rate of 0.02 to 0.08 gallons per square yard, as directed by the Municipal Engineer. All work shall be in accordance with the New Jersey Department of Transportation (NJDOT) Standards for Road and Bridge Construction (latest revision). The wearing surface shall not be permitted to be installed until all major construction is completed, public and private underground utilities are installed, all curbs and sidewalks repaired, all base pavement repairs are made in accordance with the directions of the Municipal Engineer, all low spots are brought to grade with leveling wedges, all manhole and inlet castings are grouted and the road is approved for paving by the Municipal Engineer. After completion of all pavement excavations, curbing and utility installations in existing streets, the pavement base shall be replaced as specified in this section, and the roadway shall be overlaid with one and one-half (1 1/2") inches of bituminous concrete surface overlay along the entire frontage to the centerline of the roadway if deemed necessary by the Municipal Engineer.

t. Curbing. Concrete curb or Belgian block curb shall be installed, in accordance with the Standard Details of the municipality along every street within the development and at intersections with municipal roads, County roads and State highways. The standard curb section to be used shall not be more than twenty (20') feet in length, shall be set in accordance with approved lines and grades, and radial curbs shall be prohibited. Concrete curbs shall be six (6") inches and eighteen inches by eight (18" x 8") inches, using class B concrete having a twenty-eight (28) day compressive strength of 4,500 p.s.i. At locations specified by the Municipal Engineer, the curbing shall be designated to provide a ramp for bicycles and/or wheelchairs.

u. Sidewalks. Where required, sidewalks shall be at least four (4') feet wide and installed in accordance with the Standard Details of the municipality. Sidewalks shall be at least four (4") inches thick, except at points of vehicular crossing where they shall be at least six (6") inches thick of class C wire reinforced concrete having a twenty-eight (28) day compressive strength of 3,500 p.s.i. and shall be air-entrained. Where directed by the Municipal Engineer, the sidewalk shall be poured on a shaped and graded base of three (3") inches of gravel or broken stone. Handicap ramps shall be provided at all intersections and points of required pedestrian crossing.

1. Sidewalks shall be provided along the frontage of all zones and in other locations deemed necessary by the municipality, except as waived by the appropriate Board.

2. Sidewalks and sitting areas shall be surfaced so that they will be easily maintained and properly illuminated if in use after sunset. Walks along the frontage of property shall be in accordance with municipal standards.

3. A private pedestrian walk shall have a minimum paved width of four (4') feet, and, if dedicated to the municipality as a public walkway, the pedestrian walk shall have an easement with a minimum width of ten (10') feet.

v. Street Signs. Street signs shall be four inches by four inches by eight (4" x 4" x 8') feet CCA treated timber painted with white exterior enamel with black enamel block lettering of the type, design and standard as approved by the reviewing municipal agency on advice of the Municipal Engineer. The location of the street signs shall be determined by the Engineer, but there shall be at least two (2) signs furnished at each four-way intersection and one (1) street sign at each "T" intersection. All signs shall be installed free of visual obstruction.

w. Street Trees. Shade trees shall be two (2") inches in caliper at a height of three (3') feet above the root ball and a minimum of eight (8') feet in height. Tree species shall be Evergreen or Silver Linden, London or Oriental Plane, Norway, Shwedler's or Sugar Maples, Chestnut, Red, Pin, Black or Scarlet Oak and shall be planted at locations and intervals as may be approved by the municipal Board, with a minimum of two (2) trees per lot on all roadway frontage. Existing trees near street lines shall be preserved by the developer.

Editor's Note: Standard Details, referred to herein, are included as an attachment to this Chapter.

§ 19-28.4 Circulation and Parking.

[Ord. #2003-13, S 18; Ord. #2014-04 S 28; Ord. No. 2016-04]

a. Off-Street Parking. In all zones, in connection with every industrial, business, institutional, recreational, residential and any other use, there shall be provided, at the time any building or structure is erected or is enlarged or increased in capacity, off-street parking for automotive and other vehicles in accordance with the requirements set forth herein. Such facilities shall be completed prior to the issuance of a Certificate of Occupancy. Any R-5 dwelling that is not new construction shall not be required to meet the requirements of subsection 19-28.5a, 19-28.5c, and 19-28.5g.

[Ord. No. 2016-04]

b. Design Standards for Off-Street Parking Areas.

1. Number of Parking Spaces Required. The number of off-street parking spaces required shall be as set forth herein.

2. Size of Parking Stalls. Off-street parking spaces shall be a minimum of ten (10') feet in width and twenty (20') feet in length. These conditions shall not apply to parallel curb spaces, which shall measure not less than eight (8') feet in width and twenty-two (22') feet in length. Except in the case of one-family and two-family dwellings, no parking area provided hereunder shall be established for less than three (3) spaces.

3. Minimum Parking Requirements. Parking shall be as required by the Zoning Ordinance, except where there is no applicable category contained in the Zoning Ordinance. The number of parking spaces for each use shall be determined by the number of dwelling units, the amount of gross floor area (GFA), as defined in this Chapter, or such other measures as noted below. Where a particular function contains more than one (1) use, the minimum parking requirements shall be the sum of the component parts.

MINIMUM PARKING REQUIREMENTS
Use	Minimum Parking Requirement
Assembly Operations	1 space/800 sq. ft. GFA
Automotive Repair or Body Shop	4 spaces/bay
Automotive Service Station	(a) Gas only: 4 spaces
	(b) Gas and convenience store: 4 spaces, plus 2 spaces/1,000 sq. ft. GFA
	(c) Gas, convenience store and service bays: 4 spaces, plus 2 spaces/ bay, plus 2 spaces/ 1,000 sq. ft. GFA
	(d) Gas, convenience store and car wash: 4 spaces, plus 2 spaces/ 1,000 sq. ft. GFA, plus 6 vehicle storage for car wash
Auto/Truck Sales	3 spaces/bay, plus 1 space/ 400 sq. ft. GFA for customer and employee parking. These areas shall be in addition to areas utilized for display and storage of vehicles. Site plans shall specify which parking spaces are designated for customers, employees, display and storage
Barber and Beauty Shops	3 spaces/beautician chair; 2 spaces/barber chair, but not less than 1 space per 200 sq. ft. GLA
Bar	1 space/2 seats
Bowling Alley	6 spaces/alley
Car Wash	10 spaces/washing lane
Self-Service Car Wash	5 spaces/washing lane
Cemetery	1 space/400 sq. ft. GFA for office
Church/Place of Worship	1 space/3 seats
Clubs, Lodges or Social Organizations	1 space/200 sq. ft. GFA
Community Center	Min. 20, plus spaces for office as outlined below
Delicatessens and Bakeries	1 space/250 sq. ft. GFA, plus 1 per employee
Doctor/Dentist's Office	10 spaces, plus 4 spaces/ 1,000 sq. ft. GFA
Dwelling Unit	Per New Jersey Residential Site Improvement Standards (RSIS) 5:21a-1 et seq.
Fast Food Establishment	1 space/75 sq. ft. GFA. If located in a shopping center, then 1 space/100 sq. ft. GFA or: With drive-through: 0.3 spaces/seat, plus 8 vehicle storage/drive-through lane Without drive-through: 0.5 spaces/seat
Financial Institutions	1 space/200 sq. ft. GFA, plus 7 vehicle storage/window for drive-up
Funeral Home	5.5 spaces/1,000 sq. ft. GFA
Gymnasium	To be determined at site plan review
Furniture or Carpet Store	2 spaces/1,000 sq. ft. GFA
Home Occupation	Min. 2 plus 2/employee
Hospital	1.5 spaces/bed
Hotels, Motels and Rooming Houses	1 space/double occupancy room, plus those required for accessory uses, such as eating and drinking establishments, retail stores, etc.
Industrial	1 space/800 sq. ft. GFA
Library	1 space/300 sq. ft. GFA
Long-Term Care, Assisted Living and Residential Health Care Facilities and Continuing Care Retirement Communities	(a) Long-term care, assisted living, residential health care facilities: 1 space/3 beds based on licensed bed capacity Parking facilities for the residents, employees, visitors of the continuing care retirement community shall be based on the following:
	(1) 5/10 space/unit/ independent living unit 1 space/5 beds for health care beds 1 space/employee for day shift employees 1/10 space per 10 independent living units for visitors for independent living units
Lumber Yard	1 space/25,000 sq. ft. gross yard area
Manufacturing	1 space/300 sq. ft. GFA or 1 space/ employee on the maximum shift, whichever is greater
Marina	0.6 parking spaces/boat slip plus one (1) space for every two hundred sixty (260) square feet of unimproved area. [Ord. #2014-04, S 28]
Mortuary	10 spaces/viewing room and chapel, min. 30 spaces
Museum	1 space/600 sq. ft.
Neighborhood Convenience Center	Same as shopping center
Nightclub	1 space/3 seats
Office (Commercial)	1 space/200 sq. ft. GFA
Office (Professional)	1 space/200 sq. ft. GFA
Park	As approved on site plan
Pilot Plants	1 space/800 sq. ft. GFA
Pool (Community)	1 space/50 sq. ft. water surface area
Receiving	1 space/5,000 sq. ft. GFA
Research/Laboratory	1 space/300 sq. ft. GFA
Restaurant	one (1) space/100 square feet of gross dining area. This calculation shall exclude kitchen facilities, stairways, lobbies, restroom facilities, storage rooms, utility rooms and hallways. [Ord. #2014-04, S 28]
Retail Store (Freestanding)	4 spaces/1,000 sq. ft. GLA
School:
Nursery/Day Care	1 space/employee, plus 1 space/10 students, plus 1 drop-off space/10 students
Elementary	1 space/employee, plus 1 space/5 seats in auditorium
Secondary	1 space/employee, plus 1 space/5 students
Shipping	1 space/500 sq. ft. GFA
Shopping Center	5.5 spaces/1,000 sq. ft. GFA, excl. theater
Supermarket (Freestanding)	6 spaces/1,000 sq. ft. GFA
Storage Areas	1 space/5,000 sq. ft. GFA
Tennis Courts	3 spaces/court
Theater	1 space/3 seats; 1 space/4 seats in shopping center
Utilities	1 space
Veterinarian Hospital	1 space/333 sq. ft. GFA
Wholesale Establishments and Warehouses	1 space/500 sq. ft. GFA
GLA = Gross Leasable Area. Where the minimum parking requirements are not set forth for a specific use in this schedule, the number of required parking spaces shall be determined by the municipal reviewing agency at the time at which an application for development is submitted.

c. For all uses set forth herein, the handicapped parking spaces required by Borough Ordinance No. 714 shall not increase the total spaces required, but shall be included in the number of spaces provided herein. Editor's Note: Ordinance No. 714 is codified as § 7-14, Handicapped Parking, of these Revised General Ordinances.

d. Connection to a Public Right-of-Way. Each off-street parking, loading or service area shall be connected to a public street right-of-way by means of a driveway, and each parking space shall connect to an aisle providing access thereto.

§ 19-28.5 Off-Street Parking.

[Ord. #2003-13, S 18; Ord. No. 2016-04; Ord. No. 2018-05; amended 9-23-2019 by Ord. No. 2019-19]

In all zones, in connection with every industrial, business, institutional, recreational, residential and any other use, there shall be provided, at the time any building or structure is erected or is enlarged or increased in capacity, off-street parking for automotive and other vehicles in accordance with the requirements set forth herein. Such facilities shall be completed prior to the issuance of a certificate of occupancy. Any R-5 dwelling that is not new construction shall not be required to meet the requirements of Subsection 19-28.5a, c and g, except for driveway modifications, which must still comply.

The provisions of the New Jersey Residential Site Improvement Standards (RSIS), N.J.S.A.5:21-1 et seq., shall govern and control over the provisions of this chapter for residential development, except as otherwise specifically provided. This chapter shall apply, however, to nonresidential development, except as otherwise provided herein.

a. Location of Curb Cuts. At street intersections, curb cuts shall be set back no less than 25 feet from the intersection of the two curblines, or such lines extended, and shall be set back not less than 10 feet from the intersection of two property lines, or such lines extended, except in residential zones where the minimum distance between the property line and the edge of the driveway shall be five feet. Between the curb returns for any two driveways serving the same property, there shall be at least 25 feet of curb, except that this distance may be reduced to as little as five feet where it is demonstrated that restricted frontage makes this necessary in order to provide adequate driveways (not more than two ) for the property on any one roadway.

b. Size of Aisles. The width of all aisles providing direct access to individual parking stalls shall be in accordance with the requirements set forth below. Only one-way traffic shall be permitted in aisles serving parking spaces placed at an angle other than 90°.

Parking Angle (degrees)	Aisle Width (feet)
0° (parallel parking)	12
30°	15
45°	18
60°	20
90° (perpendicular parking)	24

c. General Location. No off-street parking or loading area shall be located in a minimum required front yard setback area or within five feet of a property line.

d. Location in Different Zones. No access drive, driveway or other means of ingress or egress shall be located in any residential zone to provide access to uses other than those permitted in such residential zone.

e. Curbing. All parking lots and all loading areas shall have concrete or Belgian block curbing, in accordance with the municipality's Standard Details,[1] around the perimeter of the parking and loading areas in conjunction with an overall grading and drainage plan. Curbing shall be either depressed at the driveway or have the curbing rounded at the corners with the access drive connected to the street in the same manner as another street if approved by the appropriate board. Curbing between vehicular and pedestrianways shall be designed with periodic ramps from the street or parking grade to the sidewalk, which shall be no less frequent than one every 65 feet, and located in accordance with a pedestrian circulation plan.

[1] Editor's Note: The Standard Details are included as an attachment to this chapter.

f. Sidewalks. Sidewalks between parking areas and principal structures, along aisles and driveways, and wherever pedestrian traffic shall occur, shall be provided, in accordance with the municipality's Standard Details, with a minimum width of four feet of passable area and shall be raised six inches or more above the parking area except when crossing streets or driveways, guardrails, and wheel stops permanently anchored to the ground shall be provided in appropriate locations. Parked vehicles shall not overhang or extend over sidewalk areas, unless an additional sidewalk width of 2 1/2 feet is provided to accommodate such overhang.

g. Surfacing Details. All off-street parking areas, interior driveways and loading/unloading areas shall be surfaced with bituminous concrete pavement in the following thickness:

1. Residential Driveways. Residential driveways shall be constructed of six inches of compacted Type 2 or Type 5 Class A soil aggregate in accordance with New Jersey Department of Transportation (NJDOT) Specifications, latest revision. The compacted soil aggregate shall be placed on a properly shaped, graded and compacted subgrade. A minimum of 2 1/2 inches compacted bituminous concrete, Commercial Mix equivalent to New Jersey Department of Transportation (NJDOT) Specifications Mix I-5 or Mix I-6, latest revision, shall be placed on the soil aggregate. Driveway may be constructed of six (6") inches of 3,500 p.s.i. air-entrained concrete with six by six (6 x 6) 10 gauge welded wire reinforcement. All driveways shall have a minimum grade of one-fourth (1/4") inch per foot to the edge of roadway pavement.

(a) Notwithstanding the above, concrete pavers may be permitted as an acceptable surface for residential driveways subject to the approval of the Borough Engineer. The concrete pavers shall be installed in accordance with the applicable manufacturer's specifications upon a compacted four (4") inch gravel subbase and a minimum one and one-half (1 1/2") inch thickness sand or quarry dust setting bed. A residential driveway consisting of concrete pavers shall be considered, for purposes of this Chapter, as an impervious surface.

2. Light traffic areas and car parking stalls shall be paved with one and one half (1 1/2") inches FABC - 1, New Jersey Department of Transportation (NJDOT) Mix I-5, over three (3") inches bituminous stabilized base course, New Jersey Department of Transportation (NJDOT) Mix I-1, bearing on a suitable compacted subgrade approved by the Municipal Engineer. (This specification does not apply to areas traversed by refuse trucks or other heavy vehicles).

3. Moderate traffic areas for single unit trucks shall be paved with two (2") inches of FABC - 1, New Jersey Department of Transportation (NJDOT) Mix I-5, over four (4") inches bituminous stabilized base course, New Jersey Department of Transportation (NJDOT) Mix I-1, bearing on a compacted subgrade approved by the Municipal Engineer.

4. Heavy industrial traffic areas used by large truck units shall be paved with two (2") inches FABC - 1, New Jersey Department of Transportation (NJDOT) Mix I-5, over five (5") inches bituminous stabilized base course, New Jersey Department of Transportation (NJDOT) Mix I-1, bearing on a suitable compacted subgrade approved by the Municipal Engineer.

h. Other Design Criteria.

1. Landscaping in all loading areas and in and around parking lots shall be shown on a landscaping plan. The landscaping plan shall be sufficiently detailed to indicate species, size, and spacing; shall show grassed areas and mulched areas, flowerbeds, plantings and other items required by the Board. Trees shall be staggered and/or spaced so as not to interfere with driver vision at intersections of driveways and streets and at the ends of parking rows, have branches no lower than six (6') feet, and shall number at least one (1) tree with a caliper of two (2") inches for every twenty (20) parking spaces. All areas between the parking area and the building shall be landscaped. All landscaped or buffer screen areas within the parking lot or loading area shall be protected by concrete or Belgian block curbing. Any plantings, which do not live, shall be replaced within one (1) year or one (1) growing season. A majority of the parking area shall be obscured from public streets by buildings, landscaped berms, natural ground elevations, low evergreen or plantings singularly or in combination. Shrubbery and tree species selected shall be resistant to pollutants typically found in parking areas.

(a) Large parking areas. Parking lots, which have a capacity for parking more than one hundred (100) vehicles, shall incorporate the following minimum landscaping design standards:

(1) The design of the parking area shall include planting islands, which shall be a minimum of ten (10%) percent of the total parking area. These islands shall include plantings, as required by this subsection. Parking bays shall be separated from access or circulation drives by a planting island (of ten (10') foot minimum width) or area for the full width of a bay at the end of the rows. The parking lot shall, where possible, be subdivided into modular parking bays or lots of not greater than fifty (50) spaces each. A landscape island of a minimum ten (10') foot width shall separate these modules. When appropriate, pedestrian walkways shall be provided on these islands. A single line or row (of parking spaces) within a bay should be no more than twenty (20) spaces in length.

2. Drainage. All parking and loading areas shall be drained in accordance with good engineering practice, as outlined in this standard and as approved by the Municipal Engineer. Where sub-base conditions are wet, springy, or of such nature that surfacing would be inadvisable without first treating the subbase, these areas shall be excavated to such a depth as necessary to provide a stable subbase and filled with a suitable subbase material acceptable to the Municipal Engineer. Where required by the Engineer, a system of porous pipe subsurface drains shall be constructed beneath the surface of the paving and connected to a suitable drain. After the subbase material has been properly placed and compacted, the parking area surfacing material shall be applied. Off-site drainage facilities and structures requiring enlargement, modification, or reconstruction resulting in part from or totally as the result of the proposed development shall be subject to off-site improvement requirements and standards as established in this standard.

3. All parking areas shall be effectively screened on any side, which abuts or faces any premises, situated in any residential zone or existing residential use by a buffering screen at least six (6') feet in height, maintained in good condition, if required by the site plan approved by the municipal reviewing agency, provided that such fence, wall or hedge may be waived by the municipal reviewing agency if, because of topographic or other extraordinary or exceptional conditions, the same shall not be necessary to protect any abutting or facing premises situated in any residential zone or existing residential use.

4. All such parking areas shall be used only for the parking of automobiles. No commercial repair work or sales of any kind shall be conducted in any parking area unless specifically approved for the use. No sign other than entrance, exit, stop, identification and conditions of use signs shall be maintained in any parking area without prior approval. No such sign shall be larger than two (2) square feet in area. Nothing herein contained shall be construed to permit any required parking area to be used for the commercial storage of new or used motor vehicles by a new or used car dealer or motor vehicle rental agency.

5. Lighting. All off-street parking areas and roadways shall be designed in accordance with the requirements for lighting in other applicable sections of these design standards.

6. Markings and Access. Parking stalls, driveways and aisles shall be clearly marked and delineated. The municipal reviewing agency shall require certain areas to be maintained for firefighting, handicapped or other emergency purposes, pursuant to direction of the appropriate Code officers in the municipality. All areas of the parking lot or loading zone shall be appropriately marked, delineated and signed in accordance with the Federal Highway Administration "Manual on Uniform Traffic Control Devices," latest edition.

i. Multi-Family Circulation Systems. Multi-family developments should be serviced by a complete loop street system of at least thirty (30') feet in width affording at least two (2) means of ingress to the site. Crossovers should be provided. When a complete system is not practical, a thirty-four (34') or forty (40') foot side street should be considered with a divided road, at least at the entrance.

j. General Circulation Design Principles.

1. Parking space allocations should be oriented to specific buildings wherever possible.

2. Parking areas may be designed to focus on major walkways, which should be fenced or marked.

3. Where pedestrians must cross service roads to reach parking areas, crosswalks should be clearly designated by pavement markings or signs. Crosswalk surfaces should be slightly raised to designate them to drivers unless drainage problems would result. A one-way car movement (to the left or counterclockwise) should be encouraged. A major loop road should be developed around the perpendicular of the access roads.

4. Driveways should approach from the right to permit passengers to alight to or from the sidewalk.

5. Whenever possible, one-way traffic should be established at building entrances.

6. Where buses are a factor, the municipal reviewing agency shall consider special bus identification slots off the roadway to allow passengers to enter and exit quickly and safely.

7. Roads and driveways from main roads should be located at grade and not below the crest of vertical curves.

k. Off-Street Loading Requirements.

1. In any zone, in connection with every building or building group, or part thereof hereafter erected, which is to be occupied by industrial, office and laboratory or commercial uses or distribution by vehicles of material or merchandise, they shall be provided and maintained, on the same lot with such building, off-street loading berths in accordance with the requirements set forth below:

(a) Each loading space shall be no less than twelve (12') feet in width, fifty (50') feet in length and fifteen (15') feet in height, and may not occupy any part of any required front, side or rear yard setback area provided, however, that no lots on which the rear yard abuts a limited access highway or railroad, such loading space may occupy the rear yard up to the rear property line.

(b) Requirements for combined uses. The number of off-street parking spaces or loading berths required by land or buildings used for two (2) or more purposes shall be the sum of the requirements for the various individual uses.

(c) Loading spaces shall abut the building being served, and be located to directly serve the building for which the space is being provided.

(d) No loading spaces shall be located in any required buffer area.

(e) Garbage dumpsters or receptacles shall be located in screened off-street loading berths or areas of sufficient size and location to permit ingress and egress for pickup. Solid waste facilities of nonresidential uses should be located to minimize any adverse impact on adjacent residential dwellings.

2. The minimum of loading berths required for a particular use or uses are as follows:

Uses	Gross Floor Area (Square Feet)	Loading Berths
Schools	15,000 or more	1
Hospitals and Nursing Homes (in addition to space for ambulances)	For 10,000 - 30,000 For each additional 5,000 or fraction thereof	1 1 additional
Undertakers and Funeral Parlors	5,000 For each additional 5,000 or fraction thereof	1 1 additional
Hotels and Offices	From 10,000 or more	1
Retail, Commercial, Industrial, Wholesale, and Manufacturing Uses	From 5,000 - 15,000 From 15,000 - 30,000 From 30,000 - 50,000 From 50,000 - 75,000 For each additional 25,000 or fraction thereof	1 2 3 4 1 additional

l. Joint Facilities for Off-Street Parking or Loading. Off-street parking and loading facilities for separate uses may be provided jointly if the total number of spaces so provided is not less than the sum of the separate requirements for each use, provided that all regulations governing the location of accessory spaces in relation to the use served are adhered to. Further, no accessory space or portion thereof shall serve as a required space for more than one (1) use unless otherwise approved by the municipal reviewing agency as provided herein in accordance with the purposes and procedures set forth herein.

m. Maintenance of Off-Street Parking and Loading Areas.

1. Every parcel of land hereafter used as a public or private off-street parking and loading area shall be maintained in good condition, free of hazards and deterioration. All pavement areas, sidewalks, curbs, drainage facilities, lighting, bumpers, guardrails, markings, signs, landscaping and other improvements shall be maintained in workable, safe and good condition.

2. The governing body of the municipality, if deemed necessary, may authorize repairs for such improvements, if, after thirty (30) days notice, the owner fails to maintain such improvements and be assessed for the cost of such repairs and such assessment shall become a municipal lien against the property.

n. Location of Driveway Design.

1. All entrance and exit driveways shall be located to afford maximum safety to traffic, provide for safe and convenient ingress and egress to and from the site, and to minimize conflict with the flow of traffic.

2. The municipal reviewing agency shall give approval to such design after the review of the report of the appropriate Municipal Code Official or Municipal Engineer regarding same.

3. Any exit driveway or driveway lane shall be so designated in profile and grading and located in such a manner as to provide a minimum sight distance measured in each direction of one hundred fifty (150') feet. The maximum allowable speed in any such driveway shall be fifteen (15) miles per hour. The measurements shall be made from the driver's seat of a vehicle standing on that portion of the exit driveway that is immediately outside the edge of the road right-of-way.

4. No entrance or exit driveway shall be located on a rotary ramp of an interchange, or within twenty-five (25') feet of the beginning of any ramp or other portion of an interchange.

o. Driveway Angle.

1. Two-Way Operation. Driveways used for two-way operation shall intersect the road at an angle to be as near ninety (90) degrees as site condition will permit and in no case will be less than sixty (60) degrees.

2. One-Way Operation. Driveways used by vehicles in one (1) direction of travel (right turn only) shall not form an angle greater than forty-five (45) degrees with a road, unless acceleration and deceleration lanes are provided.

p. Driveway Dimensions. The dimensions of driveways shall be designed to adequately accommodate the volume and character of vehicles anticipated to be attracted daily onto the land development for which site plan is prepared. The required maximum and minimum dimensions for driveways are indicated below. Driveways serving large volumes of daily traffic of over fifteen (15%) percent truck traffic shall be required to utilize high to maximum dimensions.

	One-Way Operation Driveway Width (feet)	Two-Way Operation Driveway Width (feet)
3—10 Dwelling Units	12—18	20—30
10 or More Dwelling Units	16—26	30—36
Commercial and Industrial	16—30	30—40
All driveways dimensions shall be five (5') feet wider at the curbline of an intersecting road and this additional width shall be maintained for a distance of twenty (20') feet into the site.

q. Driveway Profile. Any vertical curve on a driveway shall be so designed to prevent the dragging of any vehicle undercarriage. Should the sidewalk be so close to the curb at a depressed curb driveway as to cause the ramp to be too steep and be likely to cause undercarriage drag, the sidewalk shall be appropriately lowered to provide a suitable ramp gradient.

r. Acceleration Lanes. Where a driveway serves right turning traffic from a parking area providing two hundred (200) or more parking spaces and the road has a peak traffic volume exceeding seven thousand five hundred (7,500) vehicles per day, an acceleration lane shall be provided, which is at least two hundred (200') feet long and at least thirteen (13') feet wide measured from the road curbline. A minimum thirty-five (35') foot curb return radius shall be used from the driveway to the acceleration lane. Other factors as determined by the municipal reviewing agency may warrant the construction of acceleration and/or deceleration lanes.

s. Deceleration Lanes. Where a driveway serves as an entrance to a land development providing one hundred (100) or more parking spaces, a deceleration lane shall be provided for traffic turning right into the driveway from the road. The deceleration lane shall be at least two hundred (200') feet long and at least thirteen (13') feet wide measured from the road curbline. A minimum thirty-five (35') foot curb return radius shall be used from the deceleration lane into the driveway.

t. Off-Street Parking. Each and every off-street parking area shall be subject to plan approval by the appropriate municipal reviewing agency. The appropriate municipal reviewing agency shall consider the effect of any parking area upon traffic safety and abutting properties and shall ascertain that all requirements of this Chapter are met.

u. Off-Street Parking, Location. All off-street parking areas required by this subsection shall be furnished upon the same lot as the principal building or use; or on other property or properties owned by the applicant; provided, that at least fifty (50%) percent of the required parking spaces shall be on property located within five hundred (500') feet of any customer entranceway to the principal building or use and the remainder of the required parking spaces may be located on other properties not more than one thousand (1,000') feet from any customer entranceway to the principal building or use. All parking areas shall be devoted exclusively to parking and to no other use so long as the principal building or use, which makes such parking areas necessary, shall continue in existence.

§ 19-28.6 Sanitary Sewers.

[Ord. #2003-13, S 18]

a. All subdivisions and site plans shall be provided with sanitary sewer facilities in such a manner as to provide adequate sewerage within the development to transport all sewage from each lot and the total development to said collection system. The provisions of the New Jersey Residential Site Improvement Standards (RSIS), N.J.S.A. 5:21-1 et seq. shall govern and control over the provisions of this Chapter for residential development. This Chapter shall apply, however, to nonresidential development, except as otherwise provided herein.

b. Any sanitary sewer collection system shall be adequate to handle all present and probable future development. Alignments outside streets shall require easements of right-of-way in accordance with subsection 19-28.9 entitled "Easements" in this section.

c. Any collection system shall be designed in accordance with the requirements of the New Jersey Department of Environmental Protection (NJDEP), Ocean County Utilities Authority and applicable municipal ordinances.

d. The following sanitary sewer standards are required for all developments in the immediate vicinity of sanitary sewerage facilities:

1. A complete engineer's report, setting forth the basis of design, shall be submitted to the approving authority(ies).

2. All sewer mains shall be extended along the entire frontage of the tract from the existing sewer main.

3. All sanitary sewers shall be designed to carry the ultimate design flow with a peaking factor of four (4) unless otherwise determined by the Municipal Engineer. Design flow shall be in accordance with N.J.A.C. 7:14A-23.3.

4. All trunk and interceptor sewers shall conform generally to the municipality's sanitary sewer master plan where applicable.

5. Gravity sewers shall be designed to flow with a minimum velocity of not less than two (2') feet per second at full flow based on Kutter's Formula with "n" = 0.011 for PVC plastic. Inverted siphons and force mains shall be designed for a minimum velocity of three (3') feet per second. The minimum gravity sewer size shall be eight (8") inches in diameter. The minimum sewer lateral and force main size shall be four (4") inches in diameter.

6. All residential units shall be connected to a sanitary sewer by a four (4") inch (minimum) diameter sewer lateral. The lateral shall include connecting fitting and cleanout and shall be in accordance with the municipality's Standard Details. No lateral shall be accepted if the line has not been tested for water tightness. No connection shall be made without the approval of the Municipal Engineer or Sewer Utility Superintendent and receipt of all required municipal permits and connection fees.

Editor's Note: Standard Details, referred to herein, are included as an attachment to this Chapter.

7. Commercial and industrial units shall utilize a sewer lateral size in accordance with estimated sewage flow from the particular unit with a minimum size of four (4") inches.

8. Materials used in the construction of sewers, force mains, and outfalls shall be as follows:

(a) Gravity sewers shall be constructed of PVC pipe SDR-35, or cement lined ductile iron pipe. Sewer laterals shall be constructed of PVC pipe. Cleanouts shall be of PVC construction with brass caps.

(b) Inverted siphons and outfalls shall be constructed of cement lined ductile iron pipe. Force mains shall be constructed of cement lined ductile iron pipe, or approved PVC pressure pipe.

(c) Inverted siphons shall consist of a minimum of two (2) pipes with provision for flushing.

(d) Flow control gates shall be provided in the chambers.

(e) Construction details are specified under "Detailed Information on Sewers" below.

9. A general map of the entire project shall be furnished showing sewers, pumping stations and appurtenances. Plans shall show sanitary sewers and shall be of uniform size, twenty-four inches by thirty-six (24" x 36") inches, with a one-half (1/2") inch border on top, bottom and right side, and a two (2") inch border on the left side, the last one for binding.

The plans shall show the following:

(a) Details. The plans shall show contours of all existing and proposed streets, and surface elevations of all breaks in grade and street intersections, tributary areas with population per acre, the true or magnetic meridian, boundary line, title, date and scale. Any area from which sewage is to be pumped shall be indicated clearly. All sheets shall be numbered.

(b) Symbols. Sewers to be built now and to be constructed later shall be shown by solid and dashed lines respectively. Existing sanitary sewers shall be shown by special designation. All topographical symbols and conventions shall be the same as the ones of the United States Geological Survey.

(c) Elevations. All permanent bench marks of New Jersey Coast and Geodetic Survey shall be shown. Elevations of streets shall be placed outside the street lines. The elevations of sewer inverts, shown at manholes, ends of lines and at changes of grades, shall be written parallel with the sewer lines and between the street lines. The elevation of street surfaces and manhole rims shall be shown to the nearest one-hundredth (0.01) of a foot, the sewer inverts to the nearest one-hundredth (0.01) of a foot.

(d) Distances, grades and sizes. The distances and stationing between manholes, the pipe slope in decimals and sewer sizes and material shall be shown on the plans. Arrows shall show the direction of the flow.

(e) Profiles. Profiles shall show all manholes, siphons, pumping stations, and elevations of stream crossings, gradients and sizes of sewers. Manhole rim elevations and sewer inverts shall be shown at each manhole. They shall be drawn to standard engineering scale, and the scales shall also be shown on each sheet.

(f) Details of construction of manholes, etc. The standard details of the municipality for manholes, building service connections, siphons, etc., shall accompany the plans. Details shall be drawn to standard scales to show clearly the nature of design.

(g) Detailed plans for sewage pumping stations of a type acceptable to the Municipal Engineer shall be provided.

10. Complete specifications for the construction of the proposed sewerage system and appurtenances, including sewage pumping stations shall accompany the plans.

11. A detailed estimate of the entire cost of construction shall be furnished. This estimate shall include cost of rights-of-way, inspections, "as-built" plans, etc.

12. Construction Standards.

(a) Sewer connections shall be made to a street main only under the inspection of the Municipal Engineer or Sewer Utility Superintendent. Connection to the sewer shall be made through an approved wye or wye saddle. Connections shall be watertight and shall be in accordance with the municipality's Standard Details. Connection to an existing manhole shall be made with a coring machine (where approved by the Borough) where a stub or knockout bulkhead has not been provided.

Editor's Note: Standard Details, referred to herein, are included as an attachment to this Chapter.

(b) PVC pipe shall meet A.S.T.M. D3034 - SDR 35, latest revision. PVC force main shall comply with American Water Works Association, Inc. (AWWA) C-900, latest revision and pressure class required by the Municipal Engineer.

(c) Cement lined ductile iron pipe shall be Class 52 and must meet American Water Works Association, Inc. (AWWA) C104 and C151, latest revision.

(d) When the cover above the sewer pipe is three (3') feet or less, a higher strength pipe, ductile iron pipe or encasement shall be required.

(e) Joints for sewer pipes shall be as specified below:

(1) PVC pipe. Push-on rubber gasket complying with A.S.T.M. D1869, latest revision.

(2) Ductile iron pipe. Push-on rubber gasket complying with American Water Works Association, Inc. (AWWA) C111, latest revision.

(f) "Ordinary bedding" shall be required as per the appropriate section contained in the water distribution requirements of these standards.

(g) "Concrete encased pipe bedding" shall be as specified in the Water Distribution System Standards (subsection 19-28.7).

(h) Manholes shall be provided at ends of sewer lines, at intersections and at changes of grade or alignment. Distances shall not exceed four hundred (400') feet for sizes eighteen (18") inches or less. Where internal sewers enter manholes at elevations two (2') feet or more above the invert, an internal drop line shall be provided and drop manholes shall be built. Manholes shall be precast concrete, and comply with A.S.T.M. C478, latest revision.

(i) Manhole frames and covers shall be of cast iron conforming to specifications A.S.T.M. A-48, latest revision. Manholes in roadways shall be Campbell Foundry Company No. 1203 with nonpenetrating pickholes. Manholes in easements shall be Campbell Foundry No. 1487. Manholes in areas subject to flooding shall be watertight. Manhole covers shall be casted with municipal designation, as shown on the detail sheet.

(j) Pumping stations. The type of sewage pumping station to be utilized shall be determined on an individual basis by the Municipal Engineer. The following general criteria will be applicable to all sewage pumping stations:

(1) The wet well shall have at least a one to one (1:1) slope toward the pump intake. Raw sewage shall be screened before pumping. At least two (2) pumps shall be designed, each capable of handling the total peak flow. If more than two (2) pumps are used, their capacities shall be such that upon the failure of the largest pump the others will handle the peak flow.

(2) Force main velocities shall be not less than three (3') feet per second at normal pumping rates.

(3) All pump stations shall have watertight and lockable access covers. The detention time of the wet well shall not exceed ten (10) minutes at average daily flow.

(4) Pump controls and alarm conditions shall utilize encapsulated mercury switches or other approved system designed for use with sewage.

(5) All pump stations shall be provided with an emergency power source housed in a masonry building approved by the Engineer.

(6) All force main headers shall have sewage-type gate and swing check valves.

(7) A cleanout/emergency bypass chamber shall be provided.

(8) Automatic audible and visual alarms shall be installed independently of station power and they shall give warning of illegal entry, high water and power failure conditions. Telemetry equipment shall be provided to transmit the alarm conditions to the receiving point designated by the municipality. All pump stations shall be enclosed in a six (6') foot chain link fence. Complete repair tools, accessories, and four (4) bound sets of complete operation and maintenance manuals shall be provided with the pump station.

(9) Separate gates must be provided for pedestrian and truck use.

(10) Detailed estimates of operating and maintenance costs of the proposed pumping station must be submitted.

e. Approval of Plans by State Agencies and Others. Approval of plans, a permit to construct, and a permit to operate by the Ocean County Utilities Authority and/or the New Jersey State Department of Environmental Protection (NJDEP) must be obtained by the applicant before the municipality's final approval will be given. The applicant shall obtain permits for all stream crossings or encroachments from the New Jersey Department of Environmental Protection (NJDEP). Permits to construct sewers and/or other structures within the right-of-way limits of State, County and municipal roads and all railroads must be secured and paid for by the applicant.

f. Testing of Completed Sewerage. All sewers shall be subjected to an infiltration and/or exfiltration test as may be determined by the Municipal Engineer. Exfiltration tests shall be conducted in lieu of infiltration tests when the pipe has been laid above the ground water level. The tests shall be performed between two (2) manholes or as otherwise directed by the Municipal Engineer and shall include all related system components including the house connection(s).

The contractor shall furnish all labor, material and equipment necessary for the testing.

Exfiltration tests shall be under at least a four (4') foot head or a pressure corresponding to a head equal to the depth of the lower manhole of the section under test, whichever is greater.

Allowable infiltration or exfiltration shall not exceed a rate of ten (10) gallons per mile per inch of diameter of sewer per twenty-four (24) hours for gravity sewers. Allowable exfiltration for force mains shall not exceed:

		ND __________
L	=	P 7400
L	=	allowable leakage (PH)
N	=	number of joints tested
P	=	average test pressure
D	=	nominal diameter of pipe
All gravity sewers, siphons and force mains with infiltration or exfiltration in excess of the permissible limit shall be repaired, or removed and replaced, before proceeding with construction.

g. Use of System.

1. During construction and before final acceptance, the municipality shall have the right to use any portion completed without waiving their right to order correction of any defects.

2. Use of the system for the discharge of sump pumps, or drainage from cellar drains, leaders, downspout, drainage tile, developers' cellar pits or pumping out septic tanks shall not be permitted.

3. Sewage delivered into the facilities shall comply with the requirements of Ocean County Utilities Authority treating the sewage from the site and specifically shall not:

(a) Be of such a nature and in such quantity as to impair the hydraulic capacity of such facilities' normal and reasonable wear and usage expected;

(b) Be of such a nature as to, by either chemical or mechanical action, impair the strength or the durability of the sewer structures;

(c) Be of such a nature as to create explosive conditions in such facilities;

(d) Have a flash point lower than one hundred eighty-seven (187) degrees Fahrenheit, as determined by the Tagliabue (Tag.) close up method;

(e) Have a pH index value lower than 5.0 or higher than 9.0;

(f) Include any radioactive substances, unless the municipality and Ocean County Utilities Authority shall have given written consent to its inclusion;

(g) Include any garbage other than that received directly into public sewers from residences, after proper shredding, unless the municipality and Ocean County Utilities Authority consent to its inclusion.

h. Within thirty (30) days after construction and before final acceptance by the municipality, the applicant is to furnish the municipality one (1) Mylar tracing of "as-built" drawings in ink, acceptable to the Municipal Engineer, and six (6) sets of prints of each drawing showing the sewers, connections, etc. as constructed.

The "as-built" plans shall accurately show the completed sewer system in sufficient detail to permit the future location and determination of all components of the system; including sewer lines, manholes, wyes or connections, service lines, clean outs and other pertinent features. The size and type of the components shall be indicated and shall be dimensioned and tied to existing physical features such as manholes, curbs, and buildings as may be appropriate. The plan and profile shall indicate invert in and out elevations of all pipes at manholes and as-built slopes of all pipelines.

Preliminary "as-builts" may be required by the Municipal Engineer prior to paving in order to insure facilities locations beneath paved areas.

§ 19-28.7 Water Distribution System.

[Ord. #2003-13, S 18]

a. All subdivision and site plans shall be provided with water distribution facilities in such a manner as to provide adequate and continuous potable water to each buildable lot within the development or site. The water system shall be so designed to provide a minimum of 20 p.s.i. on the highest floors of proposed structures.

b. All water distribution systems shall be adequate to handle all present and probable future development. Alignments outside streets shall require easements or rights-of-way in accordance with subsection 19-28.9 entitled "Easements" in this section.

c. All potable water distribution systems shall be designed in accordance with the requirements of the American Water Works Association, Inc. (AWWA), New Jersey State Department of Environmental Protection (NJDEP), Division of Water Resources and applicable municipal ordinances. The provisions of the New Jersey Residential Site Improvement Standards (RSIS), N.J.S.A. 5:21-1 et seq. shall govern and control over the provisions of this Chapter for residential development. This Chapter shall apply, however, to nonresidential development, except as otherwise provided herein.

d. The following potable water system standards are required for all developments to be served:

1. A complete engineer's report setting forth the basis of design, average daily, peak daily and peak hourly demands shall be submitted.

2. All water distribution mains shall conform to the municipality's Water System Master Plan, where applicable.

3. All water mains shall be designed for a minimum working pressure of 150 p.s.i., unless higher-pressure ratings are required. Water main size shall be a minimum of eight (8") inches in diameter and provide a minimum flowrate of one thousand (1,000) GPM at all hydrants unless otherwise approved. Water mains shall be designed with Hazen-Williams coefficient "C" of 140 minimum. All water main sizes, flowrates and hydrant locations shall be subject to change and approval by the Municipal Fire Subcode Official. Water mains shall be looped to avoid dead ends. Six (6") inch diameter water mains may be approved when deemed acceptable by the Engineer.

4. Materials and details of construction shall comply with other applicable sections of these requirements.

5. A general map of the entire project shall be furnished showing water mains, hydrants, main valves, lateral locations, etc.

6. Plans shall show all water distribution, sanitary sewer and drainage facilities and shall be of a uniform size, twenty-four inches by thirty-six (24" x 36") inches, with a one-half (1/2") inch border on the top, bottom and right side and a two (2") inch border on the left side, the last one for binding. The placement of electric lines within water, sanitary or storm sewer trenches is strictly prohibited.

The plans shall show the following:

(a) Details. The plans shall show contours of all existing and proposed streets, surface elevations of all breaks in grade and street intersections, the true or magnetic meridian, boundary line, title, date and scale. All sheets shall be numbered.

(b) Symbols. Water mains to be built now and to be constructed later shall be shown by solid and dashed lines, respectively. Existing water mains shall be shown by special designation. All topographical symbols and conventions shall be the same as the ones of the United States Geological Survey.

(c) Profiles. Profiles shall show all water mains, valves, hydrants, stream crossings, and clearance between sanitary and storm sewers and other underground utilities. The size and material of the water mains and the inverts of the water mains to the nearest one-tenth (0.1') foot using a USGS datum shall be shown. They shall be drawn to standard engineering scale and the scale shall be shown on each sheet. An index of streets shall also be shown on each sheet.

(d) Details of construction. The standard details of the municipality for hydrants, valves, valve boxes, individual water service, sanitary sewer-water main clearances, etc. shall accompany the plans. Details shall be drawn to standard scales to show clearly the nature of design.

7. Construction Standards.

(a) Water connections shall be made to a street main only under the supervision and inspection of the Municipal Engineer or Water Utility Superintendent. Connection to the main shall be made with a wet tap machine and American Water Works Association, Inc. (AWWA) service saddles, tapping sleeves, valves and other appurtenances.

(b) All underground components of the water distribution system shall be installed with a minimum cover of four (4') feet or below the most severe frost line, whichever is greater.

(c) Pipe.

(1) Cement lined ductile iron pipe and fittings shall meet the standards of American Water Works Association, Inc. (AWWA) C150, American Water Works Association, Inc. (AWWA) C151, American Water Works Association, Inc. (AWWA) C110 and American Water Works Association, Inc. (AWWA) C104 1A, test revisions. The minimum allowable pipe class shall be Class 52.

(2) All joints for the water main shall be of the "push-on" joint type utilizing a neoprene rubber gasket with bronze conductivity wedges or mechanical joint. Joints shall meet the standards of American Water Works Association, Inc. (AWWA) C111, latest revisions.

(d) Valves shall meet American Water Works Association, Inc. (AWWA) Standard C509, latest revision, for resilient-seated nonrising stem gate valves. All valves should open counter clockwise.

(e) Valve boxes, curb boxes, and meter boxes shall be constructed of the finest quality gray cast iron and shall meet all applicable American Water Works Association, Inc. (AWWA) standards.

(f) Corporation cocks and curb stops shall be constructed of the finest quality red brass and shall meet all applicable American Water Works Association, Inc. (AWWA) standards.

(g) Service piping.

(1) All service lines one (1") inch through two (2") inches shall be soft temper type K meeting standard ASTM B88, latest revision. Copper piping may be used to a nominal size of four (4") inches.

(2) Cement lined ductile iron pipe shall meet American Water Works Association, Inc. (AWWA) standards C150, C151, C110, C111 and C140, latest revisions.

(h) The service saddle shall meet ASTM A536 and A307, latest revisions, when required.

(i) The fire hydrant shall be installed in accordance with the municipality's Standard Details and shall be model A-423 with a five and one-quarter (5 1/4") inch barrel, as manufactured by Mueller.

Editor's Note: Standard Details, referred to herein, are included as an attachment to this Chapter.

(j) Water meters on water services shall be subject to approval by the Water Utility Superintendent and shall meet the latest standards of American Water Works Association, Inc. (AWWA) Sections C700 through C708 and shall be as manufactured by Neptune Meter.

(k) "Ordinary bedding" shall be utilized for the installation of mains, except where sub-surface conditions require special stone bedding or concrete cradle bedding, by the Municipal Engineer. Ordinary bedding shall be defined as that method of bedding mains in which the main is bedded on approved granular material with "ordinary" care in an earth foundation shaped to fit the lower part of the main exterior with reasonable closeness for a width of at least fifty (50%) percent of the main diameter; and, in which, the remainder of the main is surrounded to a height of at least one-half (0.5') foot above its top width approved granular material, shovel placed and shovel tamped to completely fill all spaces under and adjacent to the main; all under the general direction of the Municipal Engineer or Water Utility Superintendent during the course of construction. In all cases, that type and amount of granular material shall be approved by the Municipal Engineer.

(l) "Concrete cradle bedding" is that method of bedding mains in which the lower part of the main exterior is bedded in two thousand (2,000) pound concrete without reinforcement, having a minimum thickness under the pipe of one-fourth (1/4) its nominal internal diameter and extending upward to a height equal to one-half (1/2) of the nominal inside diameter, and same shall be utilized where so ordered by the Municipal Engineer.

(m) "Concrete encased pipe bedding" is that method of bedding main in which the entire exterior is encased in two thousand (2,000) pound concrete or better and same shall be utilized where ordered by the Municipal Engineer.

(n) All water mains shall be extended along the entire frontage of the site to the farthest property limit from the existing main.

(o) Valves shall be provided at the intersection of each street and shall be a minimum of one thousand (1,000') feet apart. Accordingly, three (3) gate valves are required at T-type intersections. Valve shall be provided between the water main and fire hydrant, upstream of all wet taps for water main extensions, at all wyes, tees and crosses in the mains, and at other locations recommended by the Municipal Engineer or Water Utility Superintendent.

(p) Thrust blocks to resist any movement in mains and fittings shall be placed at valves, fittings, reducers, tees, crosses, bends, hydrants and dead ends.

All thrust blocks shall be cast-in-place concrete, 2,500 p.s.i. strength. All bearing surfaces of thrust blocks shall be against undisturbed soil. The use of epoxy coated anchor rods and fittings or mechanical joint retainer glands will be required.

(q) Fire hydrants shall be located as directed by the Municipal Engineer and/or Fire Subcode Official and shall be required at the end of all dead-end mains and a minimum of five hundred (500') feet apart, as measured along the curbline of the roadway. Hydrants shall be provided at all high spots as a means of blow off. Fire hydrants shall be equipped with six (6") inch gate valves and shall be constructed with the municipality's Standard Details.

Editor's Note: Standard Details, referred to herein, are included as an attachment to this Chapter.

8. Approval of Plans by State Agencies and Others.

(a) In the event that required approval(s) from a governmental agency other than the municipal reviewing agency is pending, the approving agency may, in appropriate instances and upon good cause demonstrated by the applicant, condition its final approval upon the subsequent approval of such governmental agency.

(b) Conditional approval shall not be granted without evidence confirming that required applications have been properly submitted and pursued.

(1) Conditional approval granted by the municipal reviewing agency shall be for an initial period not to exceed sixty-five (65) days. In the event that the pending approval or permit has not been obtained upon the expiration of the conditional period, the approval granted by the reviewing agency shall be null and void.

(2) The approving authority may upon application and for good cause demonstrated, extend the conditional approval for additional periods, each not exceeding sixty-five (65) days.

9. Testing of the Completed Water System. The water distribution system shall be subject to a hydrostatic test with a pressure between 100 PSIG and 150 PSIG, as directed by the Municipal Engineer or Water Utility Superintendent. Any joint or component of the distribution system having a visible leak during testing shall be repaired or replaced prior to continuing construction.

10. Disinfection of Water System. After completion of the public water supply (including transmission and distribution mains and distribution system tanks), all surfaces with which adequately protected water may come into contact shall be effectively disinfected in accordance with American Water Works Association, Inc. (AWWA) C601, latest revision, and tested for the presence of bacteria by a New Jersey State certified laboratory, before being placed into service.

11. Use of System.

(a) During construction and before final acceptance, the municipality shall have the right to use any portion completed without waiving their right to order correction of any defects.

(b) The water supplied through the distribution system shall be properly chlorinated and treated to meet the potable water standards of the New Jersey Department of Environmental Protection (NJDEP), latest revision.

(c) The water distribution system shall be protected from contamination by sewage, radioactive, toxic, biological and other materials which may pose a hazard to public health and welfare by air-gap or backflow prevention devices meeting American Water Works Association, Inc. (AWWA) C506, latest revision.

12. Within thirty (30) days after construction, and before final acceptance by the municipality, the applicant is to furnish the municipality one (1) Mylar tracing of as-built drawings in ink, acceptable to the Municipal Engineer, and six (6) sets of prints of each drawing showing the water mains, connections, etc., as-constructed.

The "as-built" drawings shall accurately show the completed water system in sufficient detail to permit the future location and determination of all components of the system, including: water mains, valves, fittings, wet taps, corporations, services, curb stops and boxes, hydrants, and other pertinent features. The size and type of the components shall be indicated and be dimensioned and tied to existing physical features such as manholes, curbs, buildings, hydrants and other major items acceptable to the Municipal Engineer. Where "blow-up" details are required for clarity they shall be provided.

Preliminary "as-builts" may be required by the Municipal Engineer prior to paving in order to insure facilities locations beneath paved areas.

13. All new residential and commercial units shall be equipped with remote readout water meters installed in accordance with the Borough's Utility Department.

§ 19-28.8 Storm Drainage Facilities.

[Ord. #2003-13, S 18; Ord. #2010-22]

a. All development plans for subdivisions, site plans and individual residential lots shall include provisions for safely and satisfactorily controlling stormwater runoff, drainage and stream flows in a manner that will not adversely affect existing and proposed properties, both upstream and downstream of the site. When developing a site in an aquifer outcrop area or other area affecting same, the development plan shall include provisions for on-site recharge of underground formations. The provisions of the New Jersey Residential Site Improvement Standards (RSIS), N.J.S.A. 5:21-1 et seq. shall govern and control over the provisions of this Chapter for residential development. This Chapter shall apply, however, to nonresidential development, except as otherwise provided herein.

b. All streets shall be provided with catch basins and pipes where the same may be necessary for proper surface drainage. The requirements of this subsection shall not be satisfied by the construction of dry wells. The system shall be adequate to carry off or store the stormwater and natural drainage water, which originates within the development boundaries and passes through the development, as permitted under this Chapter. No stormwater runoff of natural drainage water shall be so diverted as to create flooding or the need for additional drainage structures on other lands without proper and approved provisions being made for taking care of these conditions, including off-tract improvements.

c. The applicant's engineer shall submit a drainage plan and report along with the proposed development plans for all major subdivisions and site plans. Other applicants may be required to submit same if deemed necessary by the Municipal Engineer.

d. The drainage plan shall include all data necessary to properly evaluate the existing and proposed drainage systems, including overall drainage basins and sub-basins, if applicable, with boundaries clearly indicated, areas shown in acres, topographic data, all existing and proposed drainage facilities, size, type, slope and elevations of all pipelines, culverts and drainage channels, location and type of land use within the drainage basin, drainage area to each inlet, ditch or other collection device and all other factors that may affect the drainage facilities.

e. The drainage report and drainage system plans shall include:

1. An analysis of runoff before and after development, considering undeveloped areas with runoff to the site to be fully developed in accordance with the zoning requirements of same.

2. An analysis of potential impact of the drainage facilities on adjoining properties and upstream and downstream drainage facilities.

3. The drainage system shall be designed utilizing the Ocean County Water Quality Management Project's "Technical Design Manual for Stormwater Management" and shall be designed for a storm with a frequency of one (1) in twenty-five (25) years, except major drainage channels, detention basins and other facilities, as deemed necessary by the Municipal Engineer, shall be designed for a storm with a frequency of one (1) in one hundred (100) years.

4. All drainage channels and detention ponds shall be designed with a one (1') foot freeboard.

5. Pipe sizing shall be determined by the Manning formula with "n = 0.013" for concrete pipe and "n = 0.022" for corrugated metal pipe. The pipe size determined to be adequate for the runoff computed shall be increased by at least one (1) standard pipe size for the type of pipe being used in order to provide adequate allowance for the normal accumulation of sediment and debris in the storm drainage system. The minimum pipe size in a surface water drainage system shall not be less than fifteen (15") inches in diameter.

6. Catch basins shall be located at all intersections and located in streets with inlets on both sides of the street at intervals of not more than four hundred (400') feet or such shorter distances as required to prevent the flow of surface water from exceeding six (6.0) cubic feet per second at the catch basin inlet. Access manholes shall be placed at maximum five hundred (500') foot intervals throughout the system and at pipe junctions where there are catch basins.

7. Dished gutters on municipal streets shall be permitted only at intersections involving minor streets. Dished gutters shall not be permitted on arterial or collector roads.

8. Storm drainpipes running longitudinally along streets shall not be located under curbing.

9. Storm drainpipes shall be reinforced concrete pipe, except where aluminum culvert pipe is permitted as hereinafter specified, and shall be the size specified and laid to the exact lines and grades approved by the Municipal Engineer. Reinforced concrete pipe shall conform to the ASTM specifications C76-61 Class IV. In locations other than within the right-of-way of public roads where, because of severe topographic conditions or the desire to minimize the destruction of trees and vegetation, corrugated aluminum pipe, pipe arch, or helical corrugated pipe may be used upon approval of the Municipal Engineer. The material used shall comply with the Standard Specifications for Corrugated Aluminum Alloy Culvert Pipe and Pipe Arch AASHO designated M-196-62 or the Standard Specification for Aluminum Alloy Helical Pipe AASHO designation M-211-65. The minimum thickness of the aluminum pipe to be used shall be: less than twenty-four (24") inch diameter or equivalent, 0.075 inches (14 gauge); forty-nine (49") inch but less than seventy-two (72") inch diameter or equivalent, and larger, 0.164 inches (8 gauge).

10. Catch basins shall be designated in accordance with the standard details of the municipality.

11. Manholes shall be precast concrete and shall be constructed in accordance with the Borough's Standard Details. Editor's Note: Standard Details, referred to herein, are included as an attachment to this Chapter.

12. Poured concrete headwalls or precast flared end pipe sections shall be constructed at the point of discharge of all storm drains, in accordance with the latest New Jersey Department of Transportation (NJDOT) standard plans and specifications. They shall include precast, cast in place or grouted riprap energy dissipaters at the discharge point.

13. For both major and minor developments and site plans, blocks and lots shall be graded and swaled to secure proper drainage away from all buildings and to prevent the collection of stormwater in pools on any lot and to avoid the concentration of stormwater from each lot to adjacent lots.

14. Land subject to periodic or occasional flooding shall not be designed for residential occupancy nor for any other purpose, which may endanger life or property or aggravate the flood hazard. Such land within a lot shall be considered for open spaces, yards, or other similar uses in accordance with flood plain regulations.

15. Where a minor or major development is traversed by a watercourse, surface or underground drainageway or drainage system, channel, or stream, or detention/retention pond, there shall be provided and dedicated a drainage right-of-way easement to the municipality conforming substantially with the lines of such watercourse, and such further width or construction or both, as will be adequate to accommodate expected stormwater runoff in the future based upon reasonable growth potential in the municipality and, in addition, thereto, a minimum of fifteen (15') feet beyond the bank top on at least one (1) side for access to the drainage right-of-way and, in any event, on any adopted official map or Master Plan or as required under subsection 19-28.9 entitled "Easements" in this section.

16. Easements or rights-of-way shall be required in accordance with subsection 19-28.9 entitled "Easements" in this section where storm drains are installed outside streets.

17. Vegetation. All drainage ditches, swales, channels, diversion dikes and berms shall be stabilized with vegetation in accordance with the requirements for soil erosion and sediment control in New Jersey with specific regard to slope, velocity and other applicable design factors.

f. Building Drain Connections to Storm Drainage System. All proposed dwellings and buildings with a basement shall be provided a connection to a storm drainage system for the purposes of utilizing this connection for possible discharge of sump pump and/or gravity basement drains. The connections to the storm sewer shall meet the following requirements:

1. Each dwelling unit or other building with a basement shall be provided a four (4") inch diameter (minimum) connection to be located between curb and sidewalk and five (5') feet towards the center of the lot from the edge of the interior side of the driveway depressed curb.

2. Lots fronting roads with existing or proposed storm sewers will be permitted to provide a connection in accordance with the municipality's Standard Basement Drainage Connection Detail. Editor's Note: Standard Basement Drainage Connection Detail, referred to herein, are included as an attachment to this Chapter.

3. Lots fronting roads with no existing or proposed storm sewers shall also be required to provide a connection for basement drainage by providing a separate drainage system which shall discharge to an approved storm sewer, drainage ditch, seepage pit or by other methods approved by the Municipal Engineer. Seepage pits for individual dwelling will not be permitted when a storm sewer, drainage ditch, or other stormwater system is within two hundred (200') feet of the subject property, unless otherwise approved by the Municipal Engineer.

4. Where it is necessary to construct a separate drainage system to accommodate flows from gravity basement drains or sump pumps due to absence of existing or proposed storm sewers, the municipality's standards listed in the Basement Drainage System Design Criteria shall be utilized and a design prepared by a licensed professional engineer shall be submitted for approval. Plans for all minor or major subdivisions and site plans are required to include provisions for a drainage connection from each lot.

g. Plot Plans.

1. Applicability:

Chapter XIX of the Borough Code entitled Land Use is hereby amended to add the following to require certain submissions and information deemed necessary by the Borough Construction Official in support of an application for a building permit for a single-family home, pools and home additions that increase building coverage and that will result in a change in grading or will alter existing drainage patterns. This paragraph applies only to development that is otherwise exempt from site plan or subdivision review. The information required in support of such construction permit applications shall consist of the following:

2. Plot Plan Requirements.

(a) Every application for construction proposing a development described above shall be accompanied by four (4) copies of a plan drawn to scale of not greater than one (1") inch equals ten (10') feet and not less than one (1") inch equals thirty (30') feet showing the actual shape and dimensions of the lot to be built upon; the exact location, size and height of all existing and proposed structures and substructures, existing easements; existing and intended use of each structure; existing and proposed driveways, walks, patios, decks and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this paragraph g., the Construction Code and all other applicable codes and ordinances of the Borough. All information on the plot plan, relating to the location and size of the lot and existing structures and other features on the lot shall be based upon a survey of the lot prepared by a professional land surveyor licensed in the State of New Jersey. A separate copy of the signed and sealed survey, upon which the plot plan is based, shall also be submitted with the application.

(b) The applicant may utilize a current survey of the lot showing all information as defined above in lieu of a new survey of the property as long as the survey accurately reflects existing and proposed site conditions. The current or previously prepared survey shall have been performed by a licensed land surveyor in the State of New Jersey that also had been previously signed and sealed. The adequacy of the survey is subject to the discretion and approval of Borough Code Enforcement officials and/or Borough Engineer. An additional fee shall be applied to the permit application fee schedule as defined herein for field inspection and verification of the adequacy of the survey provided. The applicant and or the applicant's professionals may also utilize existing aerial topographic mapping of the parcel as obtained from other sources as may be publicly available. Publicly available topographic information must be at least one (1') foot contour intervals and supplemented by spot elevations as deemed necessary by Borough Code Enforcement and/or the Borough Engineer. All elevations shall be NGVD29 or NA VD88 datum.

3. Soil Logs.

Depending upon the proposed grading and stormwater design and subject to the discretion of the Borough Construction Code Official, every application for a Building Permit that is subject to this paragraph g. and that will utilize recharge or percolation to manage stormwater shall be accompanied by a soil log and permeability or percolation test prepared and certified by a certified well driller, soils expert and/or professional engineer licensed in the State of New Jersey. The boring or test pit for the soil log shall be located within the area of proposed drainage structures and shall be to a depth of two (2') feet below the proposed structures or groundwater elevation, whichever is less. The plot plan shall show the location of the boring or test pit and the Soil Log shall identify the surface elevation of the boring or test pit, show the various soil types and characteristics, show the elevation of each change in soil type, the existing groundwater elevation, and an estimate of the seasonal high groundwater elevation. Based upon the soil boring information, when basements are being constructed the soil boring may be used to supply the necessary information for the drainage design.

4. Plot Plan Characteristics.

The plot plan as defined herein shall have incorporated into it:

(a) Grading, stormwater and utility design. In addition to the information showing the location and size of the existing lot, structure and other features on the lot, existing and proposed topography shall be provided in addition to the following information:

(b) The tax map sheet, block and lot numbers, street address, date, graphic scale, north arrow, name and address of the person who prepared the plan.

(c) Proposed grading on the lot for a distance of ten (10') feet outside the lot where it is practically obtainable. Code Enforcement and or the Borough Engineer may require proof as necessary to show that off-site drainage information on private property was not obtainable.

(d) Existing spot elevations at each lot corner at the corners of existing structure(s).

(e) Existing and proposed finished floor elevations including basement slab elevation and garage slab elevations of all existing and proposed structures and structure additions.

(f) Existing top and bottom of curb elevation and street centerline elevation at twenty-five (25') feet intervals along and for a distance of twenty-five (25') feet beyond the lot frontage.

(g) All elevations shall be NGVD29 or MA VD88 datum.

(h) Existing and proposed building area and gross floor area of proposed structures or structure additions and the existing and proposed lot coverage.

(i) Existing and proposed driveway locations, dimensions, and type of driveway surface.

(j) Existing and proposed sidewalk and curb locations and type of curb and walk surface.

(k) Flood zone, wetlands, and wetland buffer lines, if applicable.

(l) Location of existing water and sewer lines and proposed service connections thereto, including size and proposed material if applicable.

(m) Location of existing electric, telephone and cable television lines, and proposed underground service connections thereto.

(n) A description of the proposed structure (i.e. ranch, two story, colonial, etc.) and whether it is on slab, crawl space or basement.

(o) Limits of lot clearing, if applicable, show existing trees four (4") inches and larger including caliper and species and identify trees to be removed or remain.

(p) Limits of disturbance and soil erosion and sediment control provisions proposed to mitigate soil erosion of disturbed areas. The plan should show the topsoil storage area, silt fence locations, construction vehicle entrance stabilization, and provisions for maintaining and protecting access to the public sidewalk. Where the majority of the lot will be disturbed, separate soil erosion plan may be required.

(q) All impervious surface calculations.

(r) Stormwater design showing location, depth and construction methods of any stormwater management structures. Details of structures shall be supplied.

5. Drainage Design Criteria.

The following design considerations shall be incorporated into plot plans:

(a) All new construction shall incorporate into its design a mechanism to accommodate stormwater runoff that will not become a nuisance to adjacent property, neighbors, municipal property/drainage facilities or the community at large. The design should preserve existing drainage patterns and limit runoff to peak flow and volume to that of the existing condition. The design shall consider off-site runoff that currently flows onto the subject property and shall not increase runoff in volume and rate that naturally flows from the subject property onto adjacent property.

(b) The lot shall be graded so that the majority of the surface runoff is retained on the property. In general, lots shall be graded as follows:

(1) Where feasible, the minimum slope of an unpaved yard shall be one (1%) percent except for well-defined swales, which shall have a minimum slope of 0.5 percent.

(2) The maximum slope of an unpaved yard surface shall be ten (10%) percent within five (5') feet of a structure.

(c) Impervious coverage shall mean any man-made material, including but not limited to, bituminous concrete, Portland cement, concrete, asphaltic roofing, metal roofing and sheet plastic; or, natural materials, including but not limited to, clay skate and wood which, due to its placement prevents the natural absorption and percolation of precipitation into the grounds and soils of the Borough of Point Pleasant. Brick pavers constructed on suitable porous bedding as determined by the Borough Construction Department or Engineer shall be considered fifty (50%) percent impervious with the exception of driveways, which shall be considered one hundred (100%) percent impervious. This standard shall apply to all paver systems as well as other engineered materials other than those exclusively designed to be pervious as determined by the Borough Construction Department or Engineer.

(d) Swimming pools shall not be construed as pervious surface for the purpose of the design requirements under this paragraph since they primarily serve as a stormwater sink. However, swimming pool discharges must be designed in accordance with the standards of this Chapter and Chapter XVI of the Borough of Point Pleasant Ordinances.

(e) The maximum slope of a paved yard surface shall be five (5%) percent except for a driveway, which shall have a maximum slope of six (6%) percent.

(f) Sump pump drains shall be permitted to spill at or through the curb of any street in the Borough in accordance with the standards established in subsection 19-28.8 Storm Drainage Facilities.

(g) All newly constructed homes or home additions that will result in an increase in building footprint (if that increase is greater than five (5%) percent of the lot area or if the increased footprint is located within seven and one-half (7.5') feet of the side yard property lines, shall incorporate into their design recharge of new roof area storm where the subsurface conditions support such a design as determined by the Borough Engineer. Recharge or infiltration systems may be also required to comply with the standards of this paragraph or where the nature and extent of the proposed runoff from the subject site may have a deleterious effect to adjacent property or the municipal stormwater system. The recharge system to include dry wells, seepage pits, recharge trenches, etc. shall meet the following criteria:

(1) Roof recharge shall provide a minimum of seventy-five (75) cubic feet of storage volume exclusive of the perimeter stone. A minimum of one (1) cubic foot of storage volume exclusive of the perimeter stone shall be provided for each twelve (12) square feet of additional roof area tributary to the dry wells.

(h) Recharge or infiltration systems may be also required to comply with the standards of this paragraph or where the nature and extent of the proposed runoff from the subject site may have a deleterious effect to adjacent property or the municipal stormwater system. The recharge system to include dry wells, seepage pits, recharge trenches, etc., shall also meet the following criteria:

(1) The recharge system shall be a minimum of one (1') foot above the seasonal high groundwater table and have a minimum of six (6") inches of cover. They shall be located a minimum of ten (10') feet from any structure or property line and shall not be located under an impervious surface.

(2) The recharge system shall be placed on and be surrounded on the sides by a six (6") inch layer of stone wrapped with a geotextile material to prevent migration of the backfill material into the stone.

(3) Overflows to the yard surface shall be provided at each leader pipe in case of back up of the recharge system.

(i) Basement floor slabs shall be a minimum of two (2) feet above the seasonal high groundwater elevation.

(j) Required "As-Builts." No construction above a foundation shall commence until "as-built" drawings of the foundation, including location and elevation, are submitted to and approved by the Construction Official.

(k) These standards shall be applied to the maximum extent possible and subject to the discretion of Borough Code Enforcement and/or the Borough Engineer.

6. Final As-Built Plan.

(a) All construction shall be inspected and if found acceptable to the Borough Construction Officials and/or the Borough Engineer temporary certificate of occupancy shall be issued for a period of three (3) months (waiting period). After a three-month period, the applicant shall apply to the Borough for final approval or a final certificate of occupancy. An as-built plan may be requested by the Borough Construction Department and/or the Borough Engineer for any construction where after the three-month waiting period it becomes apparent that proposed construction may not be accurately reflected by the plot plan.

(b) Final approval or a certificate of occupancy may be approved at the discretion of the Borough Construction Department or Borough Engineer based upon a final inspection where the conditions and/or nature and extent of the proposed improvements do not warrant the added expense of an as-built plan.

(c) An as-built submission shall consist of four (4) copies, signed and sealed by a professional surveyor, licensed in the State of New Jersey. The as-built plan, together with a copy of the original site grading and drainage plan shall be reviewed by the Borough Engineer and who shall issue a written report to the Zoning Officer and Construction Official as to the compliance of the construction to the approved grading and drainage plan and make a recommendation as to the issuance of a certificate of occupancy (CO). The as-built plan shall include as a minimum the same information that was provided under the plot plan requirements established herein.

(d) The applicant has the right to submit an as-built plan at any time in order to receive a final certificate of occupancy in lieu of complying with the three-month waiting period.

7. Permit Fees.

The applicant shall pay to the Borough the sum of one hundred ($100.00) dollars for the permit. Additionally, review and inspection fees shall be paid to the Borough in accordance with the following schedule: The standard Construction Code application form shall be used for the application. The applicant shall mark on the form that the permit is for "plot plan" approval. The applicant shall place in escrow with the Borough a sum of five hundred ($500.00) dollars to be used for engineering review and inspection fees. All monies not used during the review process shall be returned to the applicant.

8. Fee Schedule.

(a) Survey inspection fee: $100.00

(b) Initial plot plan review fee: $200.00

(c) Review of revised plot plan: $100.00

(d) As-built review (submit with final as-built plan): $250.00 (includes one inspection of the property)

(e) Review of revised as-built plan: $100.00

(f) Reinspection of site/ report preparation: $150.00

9. Penalties.

(a) Failure to comply with any or all of the provisions as defined herein shall be subject to a fine of not more than two hundred fifty ($250.00) dollars per day for each day the property remains in violation of this section. In the event that the Borough is compelled to enforce the provisions of this paragraph g. through the legal system, the applicant is subject to reimburse the Borough for all legal fees and expenses.

§ 19-28.9 Easements.

[Ord. #2003-13, S 18]

Easements along rear property lines or elsewhere for utility installation shall be required. Such easements shall be at least twenty (20') feet wide for one (1) utility and five (5) additional feet for each additional utility and be located in consultation with the companies or municipal departments concerned and, to the fullest extent possible, be centered on or adjacent to rear or side lot lines.

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

The removal of trees and ground cover shall be prohibited in a conservation easement or flood plain except for the following purposes: the removal of dead and diseased trees; limited thinning of trees and growth to encourage the most desirable growth; and the removal of trees to allow for structures designed to impound water or in areas to be flooded in the creation of ponds or lakes.

The boundary line of any easement shall be monumented along one (1) side at its intersection with all existing or proposed street lines. Such easement dedication shall be expressed on the plat as follows: "Utility easement granted to the (municipality), as provided for in the ordinances of the (municipality), and a deed of easement shall be provided for all easements to the municipality."

Easements to provide vehicular access from an existing improved municipal street to a lot accessed by a private road or easement are discouraged. In specific cases that a private access easement is necessary, the proposed access easement shall provide satisfactory roadway surface, as well as adequate horizontal and vertical clearance for access by emergency vehicles and residential use, subject to the approval of the Borough Engineer.

§ 19-28.10 Lighting.

[Ord. #2003-13, S 18]

All subdivisions, development plans and site plans shall be provided with lighting facilities in a manner to provide safe levels of lighting for the use intended while minimizing the impact of excessive or improperly directed lighting on adjoining properties.

a. Lighting Along Public Roadways. It is recognized that the public electric utility provides lighting along public rights-of-way and the utility company does not provide electric plans to the developer until after preliminary approval of the project is obtained.

Lighting plans for public roadways shall be submitted to the Borough Engineer for approval prior to construction. If deemed acceptable, the Borough Engineer shall recommend approval to the Planning Board wherein the Planning Board shall take action to approve or disapprove the lighting plan.

b. Lighting of Off-Street Parking Areas and Drives. Lighting plans for off-street parking areas and drives shall be submitted to the appropriate Board for review and approval along with the site plan application.

c. Design Criteria (Private Roadways and Parking Lots).

1. All project lighting shall be designed in accordance with the minimum standards of safety and suggested lighting levels as specified herein and the standards of the Illuminating Engineering Society (IES).

2. Multiphase projects shall be designed in phases and all fixtures, light sources, standards and lighting levels shall be consistent throughout unless otherwise ordered by the Board of proper jurisdiction.

3. Requested that the Borough Engineer shall review changes in fixture type, pole locations, lamp wattage, etc. and a recommendation submitted to the Board of proper jurisdiction.

4. Lighting Levels.

(a) Residential parking lots - 0.25 foot-candles minimum maintained with established depreciation factor calculated into lighting level at a maximum to minimum illumination ratio not to exceed fifteen to one (15:1).

(b) Commercial parking lots - 0.50 foot-candles minimum maintained with established depreciation factor calculated into lighting level at a maximum to minimum illumination ratio not to exceed fifteen to one (15:1).

(c) Roadway lighting (classified as residential collector) - 0.50 foot-candles minimum maintained with established depreciation factor calculated into lighting level at a maximum to minimum illumination ratio not to exceed four to one (4:1).

(d) Other types - shall be designed in accordance with recommended Illumination Engineering Society (IES) standards.

d. Lighting Fixtures.

1. All lighting fixtures are to be of an approved type and supplied by a reputable manufacturer.

2. All lighting fixtures shall utilize maximum seventy-five (75) degree cutoff luminaries type reflector so as to minimize glare.

3. All fixtures being utilized shall be submitted with complete fixture photometric, as supplied by the manufacturer. Any fixture, which is submitted without photometric, is not acceptable.

4. Where determined to be required by the Board, house side shields (internal or external) shall be provided to minimize fixture glare and light pollution onto adjacent properties.

5. All fixtures shall be aesthetically compatible with the lighting standards (poles), contiguous fixtures, and the adjacent environment.

6. All lamps shall be of an inside-coated type phosphor coating or inside frost. No clear lamps shall be permitted.

7. All fixtures shall contain a shielding medium within the fixture to protect lamps, such as clear tempered glass door or borosilicate prismatic refractor.

8. Where incandescent lamps are exposed to the weather, they shall be of a proper type (example: "par" lamps).

e. Lighting Standards.

1. All poles shall be of an approved type, able to withstand wind loads typical of the region and supplied by a reputable manufacturer.

2. The maximum allowable pole height shall be twenty (20') feet, measured from the highest point of the pole and fixture to finished grade.

3. All poles shall be aesthetically compatible with the lighting fixtures and surrounding environment.

4. Pole bases shall be designed in accordance with manufacturer's recommendations and approved by a licensed professional engineer as to structural stability.

5. "Corten" (rust inhibiting) type steel poles shall not be permitted.

f. Submissions. All site lighting plans shall be submitted with the complete application with the required amount of prints as stipulated for the submission in accordance with this Chapter.

The lighting plan shall include the following information:

1. Fixture manufacturer literature, showing fixture type and color.

2. Fixture photometrics as furnished by the manufacturer.

3. Lighting standard (poles) literature showing pole type and height.

4. Site lighting plans showing fixture locations and photometric data (isolux diagrams) indicating foot-candle intensities along fixture output distribution drawn to plan scale.

5. Design criteria containing lighting source utilized and foot-candle level.

6. Type of Light Source.

(a) Incandescent.

(b) Quartz.

(c) Metal Halide (High Intensity Discharge Sources).

(d) High Pressure Sodium (High Intensity Discharge Sources).

(e) Low Pressure Sodium (High Intensity Discharge Sources).

7. Wattages of lamps shall be indicated on the drawings.

8. All other data deemed necessary to make an informed decision on the application.

§ 19-28.11 Bridge Avenue Streetscape Design Standards.

[Ord. #2003-13, S 18; Ord. #17-2012]

All development on Bridge Avenue, from the Lovelandtown Bridge to Route 88, shall comply with the minimum streetscape design standards set forth herein. The design standards are intended to implement the guidelines established by the "Bridge Avenue Streetscape Study" dated October 29, 1985 and prepared by Melillo and Bauer Associates and current industry standards. In the case of unique site-specific circumstances, which would preclude implementation of the streetscape design standards, the applicant may provide an alternate scheme relative to the specific aspects of a particular site or development proposal with the approval of the Board of jurisdiction.

a. For all properties with a five (5') foot wide planting area:

1. All street trees to be planted new or to be replaced must be installed in the five (5') foot wide planting strip behind the sidewalk.

2. Street tree species are to be selected from the list below.

b. For all properties with only a three (3') foot wide planting area:

1. All street trees to be planted new or to be replaced must install a root barrier material along the curb and sidewalk infrastructure. Root barrier must be installed a minimum depth of eighteen (18") inches and run along the entire planting pit.

2. A structural soil, a medium consisting of gravels, clay loam and hydrogel are to be used for planting pits. See details below:

3. All planting pits should be rectangular with a minimum length of five (5') feet or more and three (3') feet wide.

4. Street tree species are to be selected from the list below.

c. Suggested Street Tree Species:

1. The following categories list selections of street trees that are appropriate for planting areas along Bridge Avenue. Other varieties may be appropriate and should be approved by the Borough prior to installation.

(a) Under Overhead Wires:

Japanese Tree Lilac	Syringa reticulata "Ivorysilk"
Hedge Maple	Acer campestre
Amur Maple	Acer ginnala
Cumulus Shadblow	Amelanchier laevis "Cumulus"
Maackia	Maackia amurensis

(b) Three (3') Foot Wide Curb Strip (no wires):

Any from paragraph (a) above including:

Pyramidal European Hornbeam	Carpinus betulus "Fastigiata"
Trident Maple	Acer buergerianum
Tartarian Maple	Acer tartaricum
Lacebark Elm	Ulmus parvifolia
Turkish Filbert	Corylus colurna

(c) Five (5) foot Wide Landscape Strip:

Any from paragraphs a. and b. above and including:

Green Pillar Pin Oak	Quercus palustris "Green Pillar"
Magyar Ginkgo	Ginkgo biloba "Magyar"
Hackberry	Celtis occidentalis
Princeton Sentry Elm	Ulmus americana "Princeton Sentry"
Zelkova	Zelkova serrata

d. All street trees shall be of specimen quality (straight trunks with full crowns) and shall be headed to seven (7') feet height.

e. Placement of shrubs in the five (5') foot wide planting area shall be in accordance with the following:

1. The location and placement of shrubs shall conform to Standard Details for Bridge Avenue (Typical Plan and Section).

2. Shrubs are to be selected for their appropriateness to screen/buffer the parking areas from pedestrian and vehicular routes.

3. Selection of shrubs should take into consideration tolerance to pollution and dry, sunny conditions at the intersections. Shrub selection is to be approved by the Borough Engineer.

4. The planting mass of the shrubs shall be mulched to a depth of three (3") inches in a continuous bed.

5. Shrubs are to be planted at a minimum of twenty-four (24") inches to thirty-six (36") inches in a continuous bed.

§ 19-28.12 Standard Details.

[Ord. #2003-13, S 18]

Standard Details are incorporated herein.

Editor's Note: Standard Details, referred to herein, are included as an attachment to this Chapter.

§ 19-28.13 Outdoor Dining.

[Ord. #2015-11 §§ 1-13; Ord. #2015-17 §§ 1-13]

a Permitted as Conditional Use. Outside dining is hereby permitted as a conditional use in the zones set forth herein below.

a. Application. Any outside dining will be permitted only after submitting an appropriate application package to the Borough Clerk. The application will include but not be limited to the name of the applicant; name of the property owner; street address and lot and block description of the subject property; a footprint of the restaurant/tavern (inside) as well as the area for which outside dining is being requested. The application must be drawn to scale with new and existing fixtures and/or construction detailed.

b. Renewal. Application will be renewed annually on a calendar year basis.

c. Application Fee. The application fee beginning January 1, 2016 will be $50.00 per annum. No application fee will be required for applications submitted in 2015.

d. Appearance before Exempt Site Plan Committee. After the application is received by the Borough Clerk and found to be completed, the applicant will appear before the Exempt Site Plan Committee of the Planning Board in order to provide evidence as to their intent. However, before appearing before the Exempt Site Plan Committee, the application will be referred to the Chief of Police for review and comment.

e. Parking Plan; When Required. If the outside dining area results in a loss of on-site parking spaces, a parking plan with a study of nearby available public and/or street parking must be submitted with the application in order to insure that sufficient parking spaces will be available to service the outside dining.

f. New Parking Spaces Not Required. Outside dining will not require new on-site parking spaces for the added seating on the site.

g. Certificate of Insurance. Before undertaking outside dining services, the Borough must receive an appropriate Certificate of Insurance thereby holding harmless the Borough, as the loss insured, for any damages sustained. The minimum insurance must be $500,000.00 per occurrence.

h. Compliance with State Laws. The business must adhere to all State laws including laws and regulations promulgated by the New Jersey Legislature and the Alcoholic Beverage Control Commission (ABC).

i. Application to and Approval of Board of Health. The applicant must make an application to the Board of Health and obtain approval as part of the application process.

j. Compliance with All Local Laws Required. The applicant must adhere to all local noise, zoning and construction laws.

k. Maximum Seating in Outdoor Area. A maximum of twenty-five (25) new seats can be added to the business in the outdoor area.

l. Where Permitted. As a conditional use, outside dining will be permitted in the Neighborhood Commercial Zone, General Commercial Zone, Commercial and Multi Family Mixed Zone; Town Center Zone, and Waterfront Commercial Zone.

§ 19-28.14 Sidewalks and Curbing; Pedestrian Safety Fund.

[Ord. No. 2017-20]

a. Sidewalk and Curbing Requirements. Notwithstanding any provision to the contrary in Chapter XIX of the Borough Code, sidewalks and curbing shall be required along all street frontages as a condition relating to any minor subdivision, major subdivision, minor site plan or major plan approval granted by the Point Pleasant Borough Planning Board or the Point Pleasant Borough Zoning Board of Adjustment. The proposed curbing and/or sidewalk shall be designed and constructed in accordance with the requirements of subsection 19-28.3 of the Borough Code.

b. Payment in Lieu of Sidewalk and Curbing.

1. Any developer seeking minor subdivision, major subdivision, minor site plan and/or major site plan approval may request a waiver of the requirement of install curbing and sidewalks along the street frontages of the subject property by agreeing to pay a sum to the Point Pleasant Borough Pedestrian Safety Fund equal to the cost of said curbing and sidewalk. Said cost shall be determined by the Borough Engineer based on documented construction costs for public improvements prevailing in the general area of the municipality.

2. In determining whether to grant the requested waiver and accept a payment in lieu of the installation of sidewalk and curbing, the Planning Board or Board of Adjustment shall consider the following factors:

(a) The presence or absence of curbing and sidewalks in the general vicinity of the subject property.

(b) The practical difficulty as established by the applicant for installing such improvements in or adjacent to the subject property due to exceptional topographic conditions, drainage concerns, and/or the deleterious impact to surrounding properties as a result of the installation of such improvements.

(c) The recommendation of the Board or Borough Engineer.

c. Point Pleasant Borough Pedestrian Safety Fund.

1. There is hereby established the Point Pleasant Borough Pedestrian Safety Fund (hereinafter "fund").

2. Said fund shall be dedicated to pay for the cost of designing and constructing various pedestrian safety projects within the Borough of Point Pleasant.

3. All monies paid by developers in accordance with this section shall be deposited into the fund.

4. The Chief Financial Officer of the Borough is hereby directed to establish and maintain the fund and to make disbursements upon the request of the Borough Engineer for designated pedestrian safety improvements.

§ 19-29 DETAILS FOR PRELIMINARY AND FINAL SITE PLAN.

§ 19-29.1 Preliminary Site Plans.

[Ord. #601, 109-126]

Preliminary site plan shall be drawn, show or be accompanied by the following:

a. A minimum scale of one hundred (100') feet to the inch except where otherwise authorized by the Borough Engineer. All distances shall be in feet and decimals of a foot, and all bearings shall be given to the nearest ten (10) seconds.

b. The names of all owners of record and all adjacent property and any property directly across any street, the block and parcel number of the property, a key map showing general location of the site to adjacent properties.

c. Existing zoning and special district boundaries; boundaries of the property, building or setback lines, and lines of existing streets, lots, reservations, easements and general location areas dedicated to public use.

d. A copy of any covenants or deed restrictions that exist or are intended to cover all or any part of the tract.

e. Location of existing buildings and all other physical structures such as walls, fences, culverts, bridges, roadways, with spot elevations of such features. The outline of such structures shall be indicated by dashed line.

f. Location of all storm drainage structures and utility lines whether publicly or privately owned and if any existing utility lines are underground, the estimated location of said utility lines shall be shown.

g. Existing contours and where any changes in contours are proposed, grades should be shown as solid lines. Control elevations shall be shown.

h. Location of existing rock outcrops, high points, watercourses, depressions, ponds, marshes, wooded areas and other significant features, including previous flood elevations of watercourses, ponds and marsh areas.

i. Title, date, north point, scale, name and address of record owner, and name, address and New Jersey Professional License Number and Seal of engineer, architect or land surveyor preparing the site development plan, to appear in a box at the lower right-hand corner of the site plan which shall contain date of revisions.

j. If the site plan is submitted by an architect, then a survey prepared by a surveyor licensed in the State of New Jersey shall accompany the site plan and shall show the boundaries of the parcel and the limits of all proposed streets, easements and any other property to be dedicated to public use. The site plan may be accompanied by such other exhibits of an architectural or planning nature submitted by the applicant or as may be required by the approving authority pursuant to the zoning regulatory powers of the Borough.

k. The proposed use or uses of land and buildings and proposed location of buildings.

l. All proposed means of vehicular access and egress to and from the site onto public streets showing the location of driveway and curb cuts.

m. The location and design of any off-street parking areas or loading areas, showing typical size and location of bays, aisles and barriers.

n. The general location of all proposed water lines, valves and hydrants and of all sewer lines and proposed connection to existing water and sewer facilities.

o. Proposed general stormwater drainage system and connection to existing systems or outlet facility.

p. Such other information or data as may be required by the approving authority in order to determine that the details of the site plan are in accordance with the standards of this Chapter and all other ordinances.

§ 19-29.2 Final Site Plans.

[Ord. #601, S 109-127]

The final site plans shall be drawn, shown or be accompanied by the following:

a. All items set forth in subsection 19-29.1.

b. The precise location of all proposed water lines, valves and hydrants and of all sewer lines or alternative means of water supply or sewage disposal and treatment in conformance with the applicable standards of the Borough. Such plans shall be accompanied by profiles and standard improvement specification drawings signed and sealed by licensed engineer in New Jersey.

c. The proposed location, direction of illumination, type and shielding of proposed outdoor lighting.

d. All proposed landscaping.

e. All proposed screening where required in conformance with the applicable standards of this Chapter or other applicable ordinances.

f. Proposed stormwater drainage system in conformance with the applicable standards of this Chapter. Such plans shall be accompanied by profiles and std improvement specification drawings, signed and sealed by a licensed engineer in New Jersey.

g. Such other information or data as may be required by the approving authority in order to determine that the details of the site plan are in accordance with the standards of this Chapter and all other ordinances.

§ 19-29.3 Curbs, Gutters and Sidewalks.

[Ord. #601, S 109-127]

a. Curbing and sidewalks shall be installed along all existing and proposed streets within the site plan and all enclosed parking areas as may be required by the approving authority.

b. The minimum standards in regard to height of curbing, base material, surface material, slop and the installation of catch basins shall be in accordance with standard specifications furnished by Borough Engineer.

§ 19-29.4 Sanitary Sewage.

[Ord. #601, 109-129]

Sanitary sewers shall be installed in accordance with specifications approved by the Borough Engineer or agency having jurisdiction of such improvement.

§ 19-29.5 Utilities.

[Ord. #601, 109-130]

The developer shall request the serving utility to install its distribution supply lines, services and street lighting supply facilities underground in accordance with its specifications and with the provisions of the applicable Standard Terms and Conditions incorporated as a part of its Tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners, and shall submit to the approving authority a written instrument from each serving utility which shall evidence its disposition of the request. If approved by the utility, the developer shall, if so directed by the approving authority, arrange with the utility for such underground installation; provided, however, that lots which in such site plans abut existing streets where overhead electric or telephone distribution supply lines have heretofore been installed on any portion of the street involved, may be supplied with electric and telephone service from those overhead lines or extensions thereof, but the service connections from the utilities overhead lines may be installed underground.

§ 19-29.6 Earth Removal.

[Ord. #601, 109-131]

No change shall be made in the elevation or contour of any lot or site by removal of earth to another site except when approved by the approving authority Engineer unless the change of elevation is one (1') foot or less over an area of five hundred (500) square feet or less. All changes in elevation and contours approved by the approving authority Engineer shall be shown on the preliminary plan and profiles.

§ 19-29.7 Shade Trees.

[Ord. #601, 109-132]

Where required by the approving authority, two (2) new shade trees shall be installed on each lot not to interfere with utilities, roadways or walkways and sidewalks. Trees shall be two (2") inches or more in diameter, eight (8') feet or more in height and of the following types, but not limited to: Evergreen or Silver Linden, London or Oriental Plane, Norway, Schwedler's or Sugar Maple, Chestnut, Red, Pin, Black or Scarlet Oak.

§ 19-30 MISCELLANEOUS PROVISIONS.

§ 19-30.1 Inspections; Inspection Costs.

[Ord. #601, S 109-133; Ord. #696, S 1]

All improvements (except electric and gas) shall be installed under the supervision and inspection of the Borough Engineer, the cost thereof to be borne by the developer as set forth in subsection 19-32.11g as estimated in advance by the Borough Engineer and approved by the approving authority, and such amount, in the form of cash or certified check, shall be deposited with the Borough Clerk before commencement of any construction. In cases when the estimate of inspection fees exceeds ten thousand ($10,000.00) dollars, the developer may deposit inspection fees to a level of ten thousand ($10,000.00) dollars. Additional fees would be deposited to the ten thousand ($10,000.00) dollar level or to the level required to equal total estimate, whichever is less, when the deposit is reduced to twenty-five hundred ($2,500.00) dollars. The cost for inspection shall be charged by the Engineer. If said deposit shall be insufficient any additional reasonable inspection cost as approved by the authority shall be paid by the developer before the improvement is accepted. Any balance from the deposit, after inspection costs have been deducted therefrom, shall be refunded to the developer.

§ 19-30.2 Construction Requirements.

[Ord. #601, S 109-134]

a. All construction stakes and grades thereon shall be set by a New Jersey licensed surveyor in the employ of the developer or his contractor, and a duplicate copy of the notes made therefrom shall be filed with the Borough Engineer.

b. No construction work shall commence without the Borough Engineer being properly notified. Such notice shall be given at least forty-eight (48) hours before the commencement work.

§ 19-30.3 Utility Easements; Drainage Rights-of-Way; Preservation of Natural Features.

[Ord. #601, S 109-135]

a. In a large scale development, easements along rear property lines or elsewhere for utility installation may be required. Such easements shall be in a width as needed in the discretion of the approving authority located in consultation with their companies or municipal departments concerned.

b. Where a subdivision or site is traversed by a watercourse, drainage way, channel or street, there shall be provided a stormwater easement or drainage right-of-way conforming substantially with the lines of such watercourse and such further width or construction, or both, as will be adequate for the purpose.

c. Natural features such as trees, brooks, hilltops and views shall be preserved whenever possible in designing any subdivision or site containing such features.

§ 19-30.4 Violations and Penalties; Civil Relief.

[Ord. #601, S 109-136; Ord. #627, S 1]

a. If, before favorable referral and final approval has been obtained, any person transfers or sells or agrees to sell, as owner or agent, any land which forms a part of a subdivision on which, by ordinance, the approving authority and the Borough Council is required to act, such person shall be subject to a fine not to exceed one thousand ($1,000.00) dollars or to be imprisoned for not more than ninety (90) days or both such fine and the imprisonment, and each parcel, plot or lot so disposed of shall be deemed a separate violation.

b. In addition to the foregoing, if the streets in the subdivision are not such that a structure on said land in the subdivision would meet requirements for a building permit under Section 3 of the Official Map and Building Permit Act, (1953), the municipality may institute and maintain a civil action:

1. For injunctive relief.

2. To set aside the invalidate any conveyance made pursuant to such contract for sale if a certificate of compliance has not been issued in accordance with Section 24 of Chapter 433 of the Laws of 1953, but only if the municipality has an approving authority or a Committee thereof with power to act and which:

(a) Meets regularly on a monthly or more frequent basis, and

(b) Whose governing body has adopted standards and procedures in accordance with Section 20 of Chapter 433 of the Laws of 1953.

c. In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that demands, in the possession of the subdivider or his assigns or successors, to secure the return of any deposit made or purchase price paid, and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two (2) years after the date of the recording of the instrument of transfer, sale or conveyance of said land, or within six (6) years if unrecorded.

d. In addition to the foregoing, any person or persons violating or permitting the violation of any of the provisions of this Chapter shall, upon conviction, be liable for the payment of a fine in an amount not exceeding one thousand ($1,000.00) dollars, or imprisonment for a period not exceeding ninety (90) days or both. Each and every day any violation as aforesaid continues shall be considered a separate and distinct offense punishable by a like fine or penalty.

§ 19-30.5 Administration Standards; Variances Authorized.

[Ord. #601, S 109-137]

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 Borough of Point Pleasant. Any action taken by the approving authority and the Borough Council under the terms of this Chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the developer or his agent can clearly demonstrate that, because of peculiar conditions pertaining to his land, the literal enforcement of one (1) or more of these regulations is impractical or will exact undue hardship, the approving authority may permit such variance or variances as may be reasonable and within the general purpose and intent of the rules, regulations and standards established by this Chapter.

§ 19-30.6 Severability; Repealing Clause.

[Ord. #601, S 109-137; Ord. #627, S 1]

a. Validity and Severability. If any Section, subsection, paragraph, clause, phrase or provision of this Chapter shall be adjudged invalid or held unconstitutional, such decision shall not affect the remaining portions of this Chapter.

b. Repealer. All ordinances or parts of ordinances which are inconsistent with the provisions of this Chapter are hereby repealed to the extent of such inconsistency.

c. When Effective. This Chapter shall take effect immediately upon its final passage and publication as required by law.

§ 19-31 MULTI-FAMILY BUILDINGS, STRUCTURES AND USES—EXISTING USES.

[Ord. #770, S 3]

Editor's Note: Section 19-31 was added to the Code by Ordinance No. 770 adopted March 18, 1986. Sections 1 and 2 of the ordinance exclude all multi-family dwellings, uses and structures from all zones and portions of the Borough.

Notwithstanding the deletions of all multi-family dwellings, structures or uses from the Zoning Ordinance of the Borough of Point Pleasant, all existing multi-family buildings, structures or dwellings shall be exempted from provisions of this Section. Said structures shall be subject to the present existing provisions of the ordinance regarding density, bulk requirements, to the extent that they conform to the Land Use Ordinance provisions in effect prior to the effective date of this Section they shall be considered conforming. To the extent that said existing structures and uses are nonconforming, they shall remain so.

a. No physical expansion of use or total number of units shall be permitted in existing multi-family dwellings, except as formally approved by the Borough of Point Pleasant prior to the effective date of this Section.

b. Nothing in this Section shall preclude or prohibit any multi-family structure or site improvements from being maintained or upgraded, provided such work does not expand or increase the structure or use.

§ 19-32 MEMBRANE STRUCTURES.

[Ord. #2002-11]

a. Required Setback; Maximum Height. All membrane structures must meet the required setbacks associated with accessory structures as specified for the applicable Zone indicated in the Schedule of District Regulations, as set forth in the Borough Code.[1] Furthermore, no membrane structure shall be erected within fifteen (15') feet of the water's edge. The maximum height of any membrane structure shall not be constructed under or within ten (10') feet of any overhead wiring.

[1] Editor's Note: For definition of membrane structure, see Section 19-3.

b. Advertisements. No advertising shall be permitted on any membrane structure.

c. Removal by Specified Date; Penalty. Upon applicant filing a permit application with the Zoning and Code Enforcement Officer and subject to the location requirements above, if approved, an applicant may erect a membrane structure for a period not to exceed three (3) months during a twelve (12) month consecutive period unless extended by the Board of Adjustment or the Planning Board. The application will have a certification indicating that the applicant will remove said membrane structure by a specific date or be subject to a fine not to exceed five hundred ($500.00) dollars per offense.

§ 19-33 WIRELESS TELECOMMUNICATIONS TOWERS AND ANTENNAS.

§ 19-33.1 Purpose of Section.

[Ord. #2002-23, S 1]

The purpose of this section is to establish general guidelines for the siting of wireless communications towers and antennas. The goals of this section are to: (1) protect residential areas and land uses from potential adverse impacts of towers and antennas; (2) encourage the location of towers in nonresidential areas; (3) minimize the total number of towers throughout the community; (4) strongly encourage the joint use of new and existing tower sites as a primary option rather than construction of additional single-use towers; (5) encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal; (6) encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques; (7) enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently; (8) consider the public health and safety of communication towers; and (9) avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures. In furtherance of these goals, the Borough of Point Pleasant Borough shall give due consideration to the Borough's Master Plan, Zoning Map, existing land uses, and environmentally sensitive areas in approving sites for the location of towers and antennas.

§ 19-33.2 Definitions.

[Ord. #2002-23, S 2]

As used in this section, the following terms shall have the meanings set forth below:

Editors Note: This section was added by Ordinance No. 2002-23, adopted October 15, 2002.

ALTERNATIVE TOWER STRUCTURE

shall mean man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

ANTENNA

shall mean any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications, that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.

BACKHAUL NETWORK

shall mean the lines that connect a provider's towers/cell sites to one (1) or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

FAA

shall mean the Federal Aviation Administration.

FCC

shall mean the Federal Communications Commission.

HEIGHT

shall mean when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

PREEXISTING TOWERS AND PREEXISTING ANTENNAS

shall mean any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

TOWER

shall mean any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

§ 19-33.3 Applicability of Regulations.

[Ord. #2002-23, S 2]

a. New Towers and Antennas. All new towers or antennas in the Borough of Point Pleasant Borough shall be subject to these regulations, except as provided in paragraphs b through d, inclusive.

b. Amateur Radio Station Operators/Receive Only Antennas. This section shall not govern any tower, or the installation of any antenna, that is under seventy (70') feet in height and is owned and operated by a Federally-licensed amateur radio station operator or is used exclusively for receive only antennas.

c. Preexisting Towers or Antennas. Preexisting towers and preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of subsections 19-33.4f. and g.

d. AM Array. For purposes of implementing this section, an AM array, consisting of one (1) or more tower units and supporting ground system which functions as one AM broadcasting antenna, shall be considered one (1) tower. Measurements for setbacks and separation distances shall be measured from the outer perimeter of the towers included in the AM array. Additional tower units may be added within the perimeter of the AM array by right.

§ 19-33.4 General Requirements.

[Ord. #2002-23, S 4; Ord. #13-2009, S 1]

a. Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

b. Lot Size. For purposes of determining whether the installation of a tower or antenna complies with district development regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be located on leased parcels within such lot.

c. Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the Borough Administrator an inventory of its existing towers, antennas or sites approved for towers or antennas, that are either within the jurisdiction of the Borough of Point Pleasant Borough or within one (1) mile of the border thereof, including specific information about the location, height and design of each tower. The Borough Administrator may share such information with other applicants applying for administrative approvals or special use permits under this section or other organizations seeking to locate antennas within the jurisdiction of the Borough of Point Pleasant Borough, provided, however that the Borough Administrator is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

d. Aesthetics. Towers and antennas shall meet the following requirements:

1. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a neutral color so as to reduce visual obtrusiveness.

2. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

3. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.

e. Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

f. State or Federal Requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the State or Federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six (6) months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling State or Federal agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall constitute grounds for the removal of the tower or antenna at the owner's expense.

g. Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Borough of Point Pleasant Borough concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then upon notice being provided to the owner of the tower, the owner shall have thirty (30) days to bring such tower into compliance with such standards. Failure to bring such tower into compliance within said thirty (30) days shall constitute grounds for the removal of the tower or antenna at the owner's expense.

h. Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Borough irrespective of Municipal and County jurisdictional boundaries.

i. Not Essential Services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.

j. Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Borough of Point Pleasant Borough have been obtained and shall file a copy of all required franchises with the Borough Administrator.

k. Public Notice. For purposes of this section, any special use request, variance request, or appeal of an administratively approved use or special use shall require public notice be given in accordance with the provision of the Land Use Ordinance, and the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

l. Signs. No signs shall be allowed on an antenna or tower.

m. Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of subsection 19-33.7.

n. Multiple Antenna/Tower Plan. The Borough of Point Pleasant Borough encourages the users of towers and antennas to submit a single application for approval of multiple towers and/or antenna sites. Applications for approval of multiple sites shall be given priority in the review process.

o. Height Restriction. No towers or antennas shall have a height of more than one hundred eighty (180') feet.

§ 19-33.5 Permitted Uses.

[Ord. #2002-23, S 5; Ord. #2007-04, S 1; Ord. #2009-10, S 2; Ord. #2010-12]

a. The following uses are specifically permitted:

1. Antennas or towers located on real property owned, leased, or otherwise controlled by the Borough, provided a license or lease authorizing such antenna or tower has been approved by the Borough, specifically to be located on Block 349, Lot 5, Point Pleasant Borough, New Jersey. Although allowed as permitted uses, antennas and towers as described herein, shall require the issuance of a conditional use permit by the Point Pleasant Borough Planning Board.

2. Cellular antennas located on any towers or water tanks within property located on Block 163, Lot 4, with a street address of 1123 Burnt Tavern Road, Point Pleasant Borough, New Jersey. Although allowed as permitted uses, said cellular antennas as described herein, shall require the issuance of a conditional use permit by the Point Pleasant Borough Planning Board.

3. Block 233, Lot 13, Bridge Avenue, Point Pleasant, New Jersey, as a site upon which cellular antennas and towers can be constructed as a permitted use.

4. Block 163, Lot 4, Memorial Drive, including the elevated storage tank on Memorial Drive, Point Pleasant, New Jersey, as a site upon which cellular antennas and towers can be constructed as a permitted use.

§ 19-33.6 Conditional Use Permits.

[Ord. #2002-23, S 6; Ord. #2003-03, SS 1, 2]

a. General. The following provisions shall govern the issuance of conditional use permits for towers or antennas by the Planning Board:

1. A conditional use permit shall be required for the construction of a tower or placement of an antenna in all zoning districts.

2. Applications for special use permits under this section shall be subject to the procedures and requirements of subsection 19-16.6 of this Chapter, except as modified in this section.

3. In granting a conditional use permit, the Planning Board may impose conditions to the extent the Planning Board concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.

4. Any information of an engineering nature that the applicant submits, whether civil, mechanical, or electrical, shall be certified by a licensed professional engineer.

5. An applicant for a conditional use permit shall submit the information described in this subsection and a nonrefundable fee as established by ordinance of the Borough Council of the Borough to reimburse the Borough for the costs of reviewing the application.

b. Towers.

1. Information Required. In addition to any information required for applications for conditional use permits pursuant to subsection 19-16.6 of this Chapter, applicants for a conditional use permit for a tower shall submit the following information:

(a) A scaled site plan clearly indicating the location, type and height of the proposed tower, on-site land uses and zoning, adjacent land uses and zoning (including when adjacent to other municipalities), Master Plan classification of the site and all properties within the applicable separation distances set forth in subsection 19-33.6b.5, adjacent roadways, proposed means of access, setbacks from property lines, elevation drawings of the proposed tower and any other structures, topography, parking, and other information deemed by the Planning Board to be necessary to assess compliance with this section.

(b) Legal description of the parent tract and leased parcel (if applicable).

(c) The setback distance between the proposed tower and the nearest residential unit, platted residentially zoned properties, and unplatted residentially zoned properties.

(d) Reserved.

(e) A landscape plan showing specific landscape materials.

(f) Method of fencing, and finished color and, if applicable, the method of camouflage and illumination.

(g) A description of compliance with subsection 19-33.4, paragraphs c, d, e, f, g, j, l and m, subsection 19-33.7b.4 and b.5, 7(b)(4), 7(b)(5) and all applicable Federal, State or local laws.

(h) A notarized statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.

(i) Identification of the entities providing the backhaul network for the tower(s) described in the application and other cellular sites owned or operated by the applicant in the municipality.

(j) A description of the suitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new tower.

2. Factors Considered in Granting Conditional Use Permits for Towers. In addition to any standards for consideration of conditional use permit applications pursuant to subsection 19-16.6 of this Chapter, the Planning Board shall consider the following factors in determining whether to issue a special use permit, although the Planning Board may waive or reduce the burden on the applicant of one (1) or more of these criteria if the Planning Board concludes that the goals of this section are better served thereby:

(a) Height of the proposed tower;

(b) Proximity of the tower to residential structures and residential district boundaries;

(c) Nature of uses on adjacent and nearby properties;

(d) Surrounding topography;

(e) Surrounding tree coverage and foliage;

(f) Design of the tower, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness;

(g) Proposed ingress and egress; and

(h) Availability of suitable existing towers, other structures, or alternative technologies not requiring the use of towers or structures, as discussed in subsection 19-33.6b.3.

3. Availability of Suitable Existing Towers, Other Structures, or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board that no existing tower, structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

(a) No existing towers or structures are located within the geographic area which meet applicant's engineering requirements.

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

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

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

(e) The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

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

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

4. Setbacks. The following setback requirements shall apply to all towers for which a special use permit is required; provided, however, that the Planning Board may reduce the standard setback requirements if the goals of this section would be better served thereby:

(a) Towers must be set back a distance of at least seven and one-half (7.5') feet from the rear property line and five (5') feet (each) from the sidelines of any adjoining lot line.

(b) Guys and accessory buildings must satisfy the minimum zoning district setback requirements.

5. Separation. The following separation requirements shall apply to all towers and antennas for which a special use permit is required; provided, however, that the Planning Board may reduce the standard separation requirements if the goals of this section would be better served thereby.

(a) Separation from off-site uses/designated areas.

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

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

Table 1:
Off-site Use/ Designated Area	Separation Distance
Single-family or duplex residential units1	200 feet or 300% height of tower whichever is greater
Vacant single-family or duplex residentially zoned land which is either platted or has preliminary subdivision plan approval which is not expired	200 feet or 300% height of tower2 whichever is greater
Vacant unplatted residentially zoned lands3	100 feet or 100% height of tower whichever is greater
Existing multi-family residential units greater than duplex units	100 feet or 100% height of tower whichever is greater
Nonresidentially zoned lands or nonresidential uses	None; only setbacks apply
1Includes modular homes and mobile homes used for living purposes. 2Separation measured from base of tower to closest building setback line. 3Includes any unplatted residential use properties without a valid preliminary subdivision plan or valid development plan approval and any multi-family residentially zoned land greater than duplex.

(b) Separation distances between towers.

(1) Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances (listed in linear feet) shall be as shown in Table 2.

(2) Table 2:

Table 2:
Existing Towers - Types
	Lattice	Guyed	Monopole 75 Ft. in Height or Greater	Monopole Less Than 75 Ft. in Height
Lattice	5,000	5,000	1,500	750
Guyed	5,000	5,000	1,500	750
Monopole 75 Ft. in Height or Greater	1,500	1,500	1,500	750
Monopole Less Than 75 Ft. in Height	750	750	750	750

6. Security Fencing. Towers shall be enclosed by security fencing not less than six (6) feet in height and shall also be equipped with an appropriate anti-climbing device; provided however, that the Planning Board may waive such requirements, as it deems appropriate.

7. Landscaping. The following requirements shall govern the landscaping surrounding towers for which a special use permit is required; provided, however, that the Planning Board may waive such requirements if the goals of this section would be better served thereby.

(a) Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from property used for residences. The standard buffer shall consist of a landscaped strip at least four (4') feet wide outside the perimeter of the compound.

(b) In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced or waived.

(c) Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer.

§ 19-33.7 Buildings or Other Equipment Storage.

[Ord. #2002-23, S 7; Ord. #2003-03, SS 3, 4]

a. Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:

1. The cabinet or structure shall not contain more than sixty-five (65) square feet of gross floor area or be more than ten (10') feet in height.

2. If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than fifteen (15%) percent of the roof area.

3. Equipment storage buildings or cabinets shall comply with all applicable building codes.

b. Antennas Mounted on Utility Poles or Light Poles. The equipment cabinet or structure used in association with antennas shall be located in accordance with the following:

In commercial or industrial districts the equipment cabinet or structure shall be no greater than twelve (12') feet in height or three hundred (300) square feet in gross floor area. The structure or cabinet shall be screened by an evergreen hedge with an ultimate height of eight (8') feet and a planted height of at least thirty-six (36") inches. In all other instances, structures or cabinets shall be screened from view of all residential properties which abut or are directly across the street from the structure or cabinet by a solid fence eight (8') feet in height or an evergreen hedge with an ultimate height of eight (8') feet and a planted height of at least thirty-six (36") inches.

c. Antennas Located on Towers. The related unmanned equipment structure shall not contain more than three hundred (300) square feet of gross floor area or be more than twelve (12') feet in height, and shall be located in accordance with the minimum yard requirements of the zoning district in which located.

§ 19-33.8 Removal of Abandoned Antennas and Towers.

[Ord. #2002-23, S 8]

Any antenna or tower that is not operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna or tower shall remove the same within ninety (90) days of receipt of notice from the Borough notifying the owner of such abandonment. Failure to remove an abandoned antenna or tower within said ninety (90) days shall be grounds to remove the tower or antenna at the owner's expense. If there are two (2) or more users of a single tower, then this provision shall not become effective until all users cease using the tower.

§ 19-33.9 Nonconforming Uses.

a. Nonexpansion of Nonconforming Use. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this section shall not be deemed to constitute the expansion of a nonconforming use or structure.

b. Preexisting Towers. Preexisting towers shall be allowed to continue their usage as they presently exist. Routine maintenance (including replacement with a new tower of like construction and height) shall be permitted on such preexisting towers. New construction other than routine maintenance on a preexisting tower shall comply with the requirements of this section.

c. Rebuilding Damaged or Destroyed Nonconforming Towers or Antennas. Notwithstanding subsection 19-33.9, bona fide nonconforming towers or antennas that are damaged or destroyed may be rebuilt without having to first obtain administrative approval or a special use permit and without having to meet the separation requirements specified in subsections 19-33.6b, 4 and 5. The type, height, and location of the tower on-site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within one hundred eighty (180) days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in subsection 19-33.8.

§ 19-33.10 Small Cell Facilities and Wireless Poles in the Public Right-of-Way.

[Added 3-23-2020 by Ord. No. 2020-02]

a. Purpose. The purpose and intent of this section is to:

1. Establish a local policy concerning small cell equipment and wireless poles.

2. Conserve the limited physical capacity of the public rights-of-way held in public trust by the Borough and the County.

3. Assure that any and all telecommunications carriers providing telecommunications services in the Borough through small cell equipment and wireless poles, comply with the laws, rules and regulations of the Borough.

4. Assure that the Borough can continue to fairly and responsibly protect the public health, safety and welfare.

5. Enable the Borough to discharge its public trust consistent with rapidly evolving federal and state regulatory policies, industry competition, and technological development.

This subsection shall supplement § 19-33, Wireless Telecommunications, Tower and Antennas, by establishing guidelines for the placement of small cell facilities and wireless poles in the public right-of-way. This subsection is intended to be in addition to, and not in lieu of, any other statutes, rules and regulations applicable to small cell facilities and wireless poles. Nothing herein shall abrogate any federal, state, or local regulation applicable to small cell facilities and wireless poles including, without limitation, the provisions of § 19-33 governing Land Use in the Borough of Point Pleasant.

b. Definitions. As used in this subsection, the following terms shall have the meanings indicated:

ALTERNATIVE TOWER FACILITY

An existing or proposed structure that is compatible with the natural setting and surrounding structures and that camouflages or conceals the presence of the antennae and can be used to house or mount a personal wireless telecommunication service antenna. Examples include manmade trees, clock towers, bell steeples, light poles, silos, existing utility poles, existing utility transmission towers and other similar alternative designed structures.

ANTICIPATED MUNICIPAL EXPENSES

The cost of processing an application to place small cell equipment or wireless poles in the public right-of-way including, but not limited to, all professional fees such as engineer and attorney costs.

APPLICANT

The person or entity seeking to place Small Cell Equipment or wireless poles within the public right-of-way.

BOROUGH COUNCIL

The Borough Council of the Borough of Point Pleasant.

BOROUGH ENGINEER

The person appointed to be Borough Engineer for the Borough of Point Pleasant pursuant to N.J.S.A. 40A:9-140.

EXISTING POLE

A wireless pole, or pole owned by an incumbent local exchange carrier, competitive local exchange carrier, electric distribution company or other company that is in lawful existence within the public right-of-way. It shall not include an antenna, monopole, or preexisting towers and preexisting antennas, as those terms are defined in Subsection 19-33.2 herein.

MUNICIPAL FACILITIES

Any property, both real and personal, including physical installations in the public right-of-way that is owned by the Borough.

PERSONAL WIRELESS SERVICE

A type of 'commercial mobile radio service' (as that term is defined in 47 CFR 20.3) as listed at 47 CFR 20.9(a)(11) and as defined at 47 CFR 24.5, and provided by the use of 'personal wireless service facilities' (as such phrase is defined in section 704 of the Federal Telecommunications Act of 1996, Pub. L. No. 104-104, 110 State 56 (1996), partially codified at 47 U.S.C. 332(c)(7)(C)(ii).

PROFESSIONAL SURVEY

A raised seal stamped survey completed by a duly licensed surveyor.

PUBLIC RIGHT-OF-WAY

The surface of, and the space above, any public street, road, lane, path, public way or place, sidewalk, alley, boulevard, parkway, drive, and the like, held by the Borough or County as an easement or in fee simple ownership, or any other area that is determined by the Borough or County to be a right-of-way in which the Borough may allow the installation of small cell equipment and wireless poles or other telecommunications facilities.

SMALL CELL EQUIPMENT AND SMALL CELL FACILITY

Any of the following that are attached, mounted or installed on an existing pole or wireless pole in the public rights-of-way and used to provide personal communications services:

1. Wireless Facilities and Transmission Media, including femtocells, picocells and microcells;

2. Outside Distributed Antenna Systems (ODAS).

3. A personal wireless service facility as defined by the Federal Telecommunications Act of 1996, as amended as of August 6, 2014; or

4. A wireless service facility that meets both of the following qualifications:

(a) Each antenna is located inside an enclosure of no more than three (3') cubic feet in volume or, in the case of an antenna that has that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three (3') cubic feet; and

(b) Primary equipment enclosures are not larger than seventeen (17') cubic feet in volume. The following associated equipment may be located outside of the primary equipment enclosure and, if so located, are not included in the calculation of equipment volume: electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding equipment, power transfer switch, and cut-off switch.

SMALL CELL NETWORK

A collection of interrelated small cell facilities designed to deliver wireless service.

TELECOMMUNICATIONS

The transmission by wire, radio, optical, or any electromagnetic system, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

TELECOMMUNICATIONS CARRIER

Any provider of telecommunications services.

TELECOMMUNICATIONS FACILITY

Any structure or device used for the purpose of providing, supporting, enabling, or otherwise facilitating telecommunications, including, but not limited to small cell equipment, wireless poles, as defined herein.

TELECOMMUNICATIONS SERVICE(S)

The offering of telecommunications to the public, regardless of the telecommunications facilities used.

WIRELESS POLE

A column or post lawfully located in the public right-of-way used solely to support small cell equipment and/or provide personal wireless service.

ZONE, NON-RESIDENTIAL

The zones designated in Subsection 19-5.1 of Chapter 19 of the Revised General Ordinances of the Borough of Point Pleasant as zones NC, GC, CM, TC, and W.

ZONE, RESIDENTIAL

Any zones permitting single-family, two-family, or multifamily residences, assisted-living residences, nursing homes, and/or residential health care facilities.

c. Applicability.

1. Any telecommunications carrier wishing to place small cell equipment and/or wireless poles in the public right-of-way must first enter into a master license agreement with the Borough. The placement of specific small cell equipment onto existing poles or the erection of wireless poles shall require the issuance of a supplemental license from the Borough Council based on recommendations by the Borough Engineer.

2. If the Borough's Land Use and Development Ordinances require site plan approval, or the approval of any variances from the Borough Planning Board and/or Zoning Board, the applicant shall be required to secure any approvals and/or variances following the grant of a license under this subsection. A Planning Board and Zoning Board application for the construction, installation, or location for telecommunications facilities shall not be deemed complete until a license under this subsection is granted by the Borough.

3. Colocation. The shared use of existing freestanding or roof-mounted facilities shall be preferred to the construction of new facilities in order to minimize adverse visual impacts associated with the proliferation of towers.

(a) No application to construct a new freestanding or roof-mounted personal wireless telecommunication service facility shall be approved unless the applicant demonstrates to the reasonable satisfaction of the Borough that no existing personal wireless telecommunication service facility within a reasonable distance, regardless of municipal boundaries, can accommodate the applicant's needs. Evidence submitted to demonstrate that no existing personal wireless telecommunication service facility can accommodate the applicant's proposed facility shall consist of one (1) or more of the following:

(1) No existing facilities are located within the geographic area required to meet the applicant's coverage demands.

(2) Existing facilities or structures are not of sufficient height to meet the applicant's coverage demands and cannot be extended to such height.

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

(4) Existing facilities or structures do not have adequate space on which proposed equipment can be placed so it can function effectively and reasonably.

(5) The applicant's proposed antenna would cause electromagnetic interference with the antennas on the existing facility, or the antennas on the existing facility would cause interference with the applicant's proposed antenna.

(6) The applicant demonstrates that there are other compelling limiting factors, including but not limited to economic factors, that render existing facilities or structures unsuitable.

(b) No telecommunications carrier or operator shall unreasonably exclude a telecommunication competitor from using the same facility or location. Upon request by the Borough, the owner or operator shall provide evidence and a written statement to explain why colocation is not possible at a particular facility or site.

(c) If a telecommunication competitor attempts to collocate a personal wireless telecommunication service facility on an existing or approved facility or location, and the parties cannot reach an agreement, the Borough may require a third-party technical study to be completed at the applicant's expense to determine the feasibility of colocation.

(d) Applications for new freestanding personal wireless telecommunications facilities shall provide evidence that the facility can accommodate colocation of additional carriers.

(e) A telecommunications carrier who is issued a license pursuant to this subsection who wishes to add, supplement, or modify the telecommunications facility for which the license was previously granted shall be required to obtain a new license in accordance with the procedures established by this subsection except that no new license shall be required if the addition, supplement or modification does not materially change the overall size, dimensions or appearance of the telecommunications facility.

(f) Any person who desires a license pursuant to this subsection shall file an application with the Borough Administrator. The application shall include the following information:

(1) The identity of the license applicant, including all affiliates of the applicant.

(2) A description of the telecommunications services that are or will be offered or provided.

(3) A description of the telecommunications facility(ies).

(4) A description of the transmission medium that will be used by the licensee to offer or provide telecommunications services.

(5) Preliminary engineering plans, a survey, specifications, and a network map of the telecommunications facility to be located within the Borough, all in sufficient detail to identify:

(i) The location and route requested for applicant's proposed telecommunications facility.

(ii) The location of all antennae, cells and nodes for applicant's proposed telecommunications facility.

(iii) The location of all overhead and underground public utility, telecommunications, cable, water, sewer drainage and other facilities in the public way along the proposed route.

(iv) The specific trees, structures, improvements, facilities and obstructions, if any, that applicant proposes to temporarily or permanently remove, relocate or alter.

4. Federal Requirements. All personal wireless telecommunications facilities shall meet the current standards and regulations of the FAA, the FCC, and any other agency of the federal government with the authority to regulate personal wireless telecommunication service facilities. Failure to meet such revised standards and regulations shall constitute grounds for revocation of Borough approvals and removal of the facility at the owner's expense.

5. Safety Standards. All personal wireless telecommunications facilities shall conform to the requirements of the International Building Code and National Electrical Code, as applicable.

6. Abandonment. Personal wireless telecommunications facilities which are abandoned by nonuse, disconnection of power service, equipment removal or loss of lease for greater than six (6) months shall be removed by the facility owner. Should the owner fail to remove the facilities, the Borough may do so at its option, and the costs thereof shall be a charge against the owner and recovered by certification of the same to the county treasurer for collection as taxes. If an owner wishes to begin utilizing abandoned equipment again, it must submit a new application.

7. Third Party Review.

(a) Telecommunications carriers use various methodologies and analysis tools, including geographically based computer software, to determine the specific technical parameters of facilities, such as expected coverage area, antenna configuration and topographic constraints that affect signal paths. In certain instances there may be a need for expert review by a third party of the technical data submitted by the provider. The Borough may require such a technical review to be paid for by the applicant for a telecommunications facility. The selection of the third party expert may be by mutual agreement between the applicant and the Borough or at the discretion of the Borough, with a provision for the applicant and interested parties to comment on the proposed expert and review its qualifications. The expert review is intended to be a site-specific review of technical aspects of the facilities and not a subjective review of the site selection. The expert review of the technical submission shall address the following:

(1) The accuracy and completeness of the submission;

(2) The applicability of analysis techniques and methodologies;

(3) The validity of conclusions reached;

(4) Financial statements prepared in accordance with generally accepted accounting principles demonstrating the applicant's financial ability to construct, operate, maintain, relocate and remove the telecommunications facilities.

(5) Information to establish the applicant's technical qualifications, experience and expertise regarding the telecommunications facilities and telecommunications services described in the application.

(6) Information to establish that the applicant has obtained all other governmental approvals and permits to construct and operate the telecommunications facilities and to offer or provide the telecommunications services.

(7) Information to establish that the telecommunications facility meets the current standards and regulations of any agency of the federal government with the authority to regulate telecommunications facilities.

(8) Information to establish that the proposed telecommunications facility conforms to the requirements of the International Building Code and National Electrical Code, as applicable.

(9) Any specific technical issues designated by the Borough.

(b) Based on the results of the third party review, the Borough may require changes to the application for the facility that comply with the recommendation of the expert.

d. Master License Agreement.

1. A master license agreement entered into pursuant to this subsection shall include the following provisions:

(a) The term shall not exceed twenty-five (25) years.

(b) The following conditions shall apply to the issuance of site specific supplemental licenses for:

(1) Small Cell Equipment.

(i) The proposed installation must not be in excess of the height of the existing pole, before the installation, plus six (6') feet.

(ii) The proposed installation shall be constructed, finished, painted and otherwise camouflaged, in conformance with best available stealth technology methods, so as to blend in compatibly with its background and so as to minimize its visual impact on surrounding properties.

(iii) Proposal must include an engineer's certification verifying the structural integrity of the pole.

(iv) The placement of equipment cabinets along with any small cell equipment installation must conform to the following:

[a] For sites located within non-residential zones, no pole-mounted small cell equipment may project beyond the side of the pole more than thirty (30) inches.

[b] Except for in a flood zone, no ground-mounted small cell equipment [1] may exceed seven (7') feet in height, [2] occupy more than thirty-six (36') square feet of ground area, [3] be located more than fifteen (15') feet from the existing pole, [4] may fail comply with required sight triangles and breakaway design in accordance with AASHTO regulations. However, applicant may seek relief from this requirement from the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70d(1).

(v) No small cell equipment shall be placed within five hundred (500') feet of an existing small cell equipment installation. This shall not preclude the collocation of two such facilities on the same pole or within the same vault.

(vi) The cumulative size of a small cell equipment installation for any one site shall not exceed twenty (20') cubic feet.

(c) Wireless Poles.

(1) Wireless poles are are not permitted in residential zones that, as of June 30, 2018, do not have wooden utility poles of any kind already installed. However, applicant may seek relief from this requirement from the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70d(1).

(2) Wireless poles shall be of the same type (i.e., wooden, steel) as the existing utility poles located on either side of it and shall not be higher than one hundred fifteen (115%) percent of the average height of the existing utility poles within five hundred (500') feet, but in no event higher than thirty (30') feet in height, and no antenna or attachment shall extend more than six (6') feet above said utility pole. If there are no existing utility poles in the public right-of-way within five hundred (500') feet of the proposed utility pole, the carrier shall submit a plan for a proposed stealth structure for review and approval of the Borough Engineer.

(3) Wireless poles are not permitted in areas with underground utilities. However, applicant may seek relief from this requirement from the appropriate authorities.

(4) The height of the wireless pole, including the small cell equipment installation, cannot be any more than six (6') feet higher than the height of the two nearest existing poles.

(5) The proposed wireless pole shall be constructed, finished, painted and otherwise camouflaged, in conformance with best available stealth technology methods, so as to blend in compatibly with its background and so as minimize its visual impact on surrounding properties.

(6) No wireless pole may be spaced less than five hundred (500') linear feet from another existing pole or proposed wireless pole that is capable of supporting small cell equipment. However, this requirement may be administratively waived for wireless poles that are proposed to be placed within non-residential zones where the proposal is determined to be aesthetically consistent with the surrounding streetscape.

(7) Applicant must demonstrate that the wireless pole has received all necessary historic preservation reviews.

(8) The wireless pole cannot exceed thirty (30') feet, or the maximum permitted height of the particular zone in which it is to be located, whichever is taller. However, the applicant may seek relief from this requirement from the Zoning Board of Adjustment.

(9) The wireless pole cannot be placed in such a way that it encroaches upon or blocks sight triangles.

(10) Applicant must demonstrate that the proposed small cell equipment cannot be collocated.

e. Application Process.

1. Location: Small cell facilities that cannot be collocated are permitted in Borough rights-of-way, upon facilities in these rights-of-way and on public easements owned by the Borough under the following priority:

(a) First, on a Borough-owned utility pole, which shall be removed and replaced with a pole designed to contain all antennae and equipment within the pole to conceal any ground-based support equipment and ownership of which pole is conveyed to the Borough.

(b) Second, a Borough-owned utility pole with attachment of the small call facilities in a configuration approved by the Borough.

(c) Third, on a third-party owned utility pole, (with the consent of the owner thereof), with attachment of the small cell facilities in a configuration approved by the Borough.

(d) Fourth, on a traffic signal pole or mast arm in a configuration approved by the Borough, or in the case of a NJDOT facility, by NJDOT.

(e) Fifth, on a freestanding or ground-mounted facility which meets the definition of and requirements for an alternative tower facility in a location and configuration approved by the Borough.

2. Application Process.

(a) Survey. Every applicant must provide the Borough with a professional survey demonstrating that the area on which it proposes to place small cell equipment and/or a wireless pole is located within the public right-of-way. Applicant must also provide easting and northing coordinates in state plane for inclusion in a GIS inventory.

(b) Small Cell Equipment. The Borough Engineer shall review all applications and make a recommendation to the Borough Council as to whether a supplemental license is in compliance with the terms of this subsection and the master license agreement and may therefore be issued.

(c) Wireless poles. The Borough Engineer shall review all applications and make a recommendation to the Borough Council as to whether a supplemental license is in compliance with the terms of this subsection and the master license agreement and may therefore be issued.

(d) Any denial of a supplemental license must be in writing and provide the facts upon which such a denial is based.

3. An application for a license under this subsection shall be accompanied by a payment of a five hundred ($500.00) dollar fee.

4. Pursuant to N.J.S.A. 54:30A-124, the Borough shall recover reasonable fees for actual services incurred in the review of all applicants under this subsection. Applicant shall make a five thousand ($5,000.00) dollar deposit toward anticipated municipal expenses which shall be placed in an escrow account. If said escrow account contains insufficient funds to enable the Borough to perform its review, the Chief Financial Officer shall provide the applicant a notice of insufficient balance. In order for review to continue, the applicant shall, within thirty (30) days, post a deposit to the account in an amount to be mutually agreed upon.

5. An applicant, upon receiving a supplemental license for the placement of small cell equipment or a wireless pole in the public right-of-way, may proceed in requesting all other necessary street opening permits and building permits and, upon receiving same, may proceed with construction. Applicants must comply with all other state and federal laws, rules and regulations along with any other applicable local ordinances.

f. Assignment or Transfer of Small Cell Facility Licenses.

1. Ownership or control of a license issued pursuant to this subsection may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger, consolidation or other act of the grantee, by operation of law or otherwise, without the prior consent of the Borough as expressed by resolution.

g. General Indemnification of Borough in Connection with Telecommunications Facilities.

1. Each license grantee shall indemnify and hold the Borough and its officers, employees, agents and representatives harmless from and against any and all damages, losses and expenses, including reasonable attorney's fees and costs of suit or defense, arising out of, resulting from or alleged to arise out of or result from the negligent, careless or wrongful acts, omissions, failures to act or misconduct of the grantee or its affiliates, officers, employees, agents, contractors or subcontractors in the construction, operation, maintenance, repair or removal of its telecommunications facilities, and in providing or offering telecommunications services over the facilities, whether such acts or omissions are authorized, allowed or prohibited by this subsection or by a grant agreement made or entered into pursuant to this subsection.

h. Revocation or Termination of License.

1. The Borough may revoke a license granted under this subsection for the following reasons:

(a) Construction or operation without a license.

(b) Construction or operation at an unauthorized location.

(c) Unauthorized substantial transfer of control of the grantee.

(d) Unauthorized assignment of a license.

(e) Unauthorized sale, assignment or transfer or grantee's assets, or a substantial interest therein.

(f) Misrepresentation or lack of candor by or on behalf of a grantee in any application to the Borough.

(g) Abandonment of the Telecommunications Facility. A telecommunications facility shall be deemed "abandoned" if it is either disconnected from power service or unused for greater than six (6) months. Abandoned telecommunications facilities shall be removed by the owner. Should the owner fail to remove the telecommunications facility, the Borough may do so at its option, and the costs thereof shall be a charge against the owner.

(h) Insolvency or bankruptcy of the grantee.

(i) Material violation of the Borough's Revised General Ordinances.

2. In the event that the Borough believes that grounds exist for revocation of a license, it shall give the grantee written notice of the apparent violation or noncompliance, providing a statement of the nature and general facts of the violation or noncompliance, and providing the grantee a reasonable period of time not exceeding thirty (30) days to furnish evidence:

(a) That corrective action has been, or is being actively and expeditiously pursued, to remedy the violation or noncompliance; and

(b) That rebuts the alleged violation or noncompliance; and

(c) That it would be in the public interest to impose some penalty or sanction less than revocation.

3. The Borough shall consider the apparent violation or noncompliance in a public meeting, with respect to which the grantee shall be given notice and a reasonable opportunity to be heard concerning the matter.

i. Notification Required.

1. Any telecommunications carrier who desires to change existing use, construct, install, operate, maintain, or otherwise locate a telecommunications facility in the Borough shall provide notice to property owners certified by the Borough Administrator to be within two hundred (200') feet of the proposed telecommunications facility.

2. Notice shall be given to a property owner by:

(a) Serving a copy thereof on the property owner as shown on the current certified tax list, or his or her agent in charge of the property; or

(b) Mailing a copy thereof by certified mail and regular mail to the property owner at the address as shown on the said current certified tax list, and service by mailing shall be deemed complete upon deposit with the U.S. Postal Service; and

3. Notice pursuant this subsection shall state the identity of the telecommunications carrier; a description of the telecommunications services that are or will be offered or provided; a description of the location(s) of any telecommunications facilities; and a description of the telecommunications facilities to be installed and the location of the telecommunications facilities. The notice shall also advise that a copy of the applicant's application is on file with the Borough Administrator and may be reviewed by the public.

4. Such other and further information as may be required by the Borough Administrator.

5. In the case of an application that seeks to construct, install, operate, maintain, or otherwise locate a telecommunications facility or equipment on any property owned or controlled by the County, including, but not limited to a County right-of-way, the applicant shall also provide notice to and obtain a permit from the County authorizing the placement of such telecommunications facility on any such property or right-of-way.

j. This subsection shall be in addition to and not in lieu of any notice provisions set forth in statute, rule or regulation.

§ 19-34 (RESERVED)

Editor's Note: Ord. No. 2021-14 deleted prior § 19-34, Provision of Affordable Housing Pursuant to COAH Round 3 Growth Share Regulations, in entirety. Prior history includes Ord. No. 2006-12.

§ 19-35 AFFORDABLE HOUSING DEVELOPMENT FEE.

Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 2006-13 and 2007-09.

§ 19-35.1 Purpose.

[Ord. #2008-15, S 1]

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, N.J.S.A. 52:27d-301 et seq., and the State Constitution, subject to the rules adopted by the New Jersey Council on Affordable Housing's (COAH).

b. Pursuant to P.L. 2008, c. 46 section 8 (C. 52:27D-329.2) and the Statewide Non-Residential Development Fee Act (C. 40:55D-8.1 through 8.7), 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 the Council or court of competent jurisdiction and have an approved spending plan may retain fees collected from nonresidential development.

c. This section establishes standards for the collection, maintenance, and expenditure of development fees pursuant to COAH's regulations and in accordance with P.L. 2008, c. 46, Sections 8 and 32-38. Fees collected pursuant to this section shall be used for the sole purpose of providing low- and moderate-income housing. This section shall be interpreted within the framework of COAH's rules on development fees, codified at N.J.A.C. 5:97-8.

§ 19-35.2 Basic Requirements.

[Ord. #2008-15, S 2]

a. The Borough of Point Pleasant shall not impose development fees on any applicant pursuant to this section until COAH or a Court has approved the Development Fee Ordinance pursuant to N.J.A.C. 5:96-5.1, except that residential fees may be collected pursuant to the previously approved fee ordinance until such time as this ordinance takes effect, and nonresidential fees shall be collected in accordance with the Statewide Non-Residential Development Fee Act, N.J.S.A. 40:55D-8.1 et seq.

b. The Borough of Point Pleasant shall not spend development fees until COAH or a Court has approved a plan for spending such fees in conformance with N.J.A.C. 5:97-8.10 and N.J.A.C. 5.96-5.3.

§ 19-35.3 Definitions.

[Ord. #2008-15, S 3]

a. The following terms, as used in this section, shall have the following meanings:

AFFORDABLE HOUSING DEVELOPMENT

shall mean a development included in the Housing Element and Fair Share Plan, and includes, but is not limited to, an inclusionary development, a municipal construction project, or a one hundred (100%) percent affordable development.

COAH OR THE COUNCIL

shall mean the New Jersey Council on Affordable Housing established under the Act which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning considerations in the State.

DEVELOPMENT FEE

shall mean money paid by a developer for the improvement of property as permitted under N.J.A.C. 5:97-8.3.

DEVELOPER

shall mean the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

EQUALIZED ASSESSED VALUE

shall mean 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, as determined in accordance with sections 1, 5, and 6 of P.L. 1973, c.123 (C. 54:1-35a through C. 54:1-35c).

GREEN BUILDING STRATEGIES

shall mean those strategies that minimize the impact of development on the environment, and enhance 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.

§ 19-35.4 Residential Development Fees.

[Ord. #2008-15, S 4; Ord. #2015-20]

a. Imposed Fees.

1. Within all zoning districts in the Borough of Point Pleasant, residential developers, except for developers of the types of development specifically exempted below, shall pay a fee of one and one half (1.5%) percent of the equalized assessed value for residential development, provided no increased density is permitted.

2. When an increase in residential density pursuant to N.J.S.A. 40:55D-70d(5) (known as a "d" variance) has been permitted, developers shall be required to pay a development fee of six (6%) percent of the equalized assessed value (EAV) for each additional unit above that permitted by right which may be realized. 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.

Example: If an approval allows four (4) units to be constructed on a site that was zoned for two (2) units, the fees could equal one and a half (1.5%) percent of the equalized assessed value on the first two (2) units; and the specified higher percentage up to six (6%) percent of the equalized assessed value for the two (2) additional units, provided zoning on the site has not changed during the two-year period preceding the filing of such a variance application.

b. Eligible Exactions, Ineligible Exactions and Exemptions for Residential Development.

1. Affordable housing developments and developments where the developer has made a payment in lieu of on-site construction of affordable units shall be exempt from development fees.

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 fee percentage shall be vested on the date that the building permit is issued.

3. Development fees shall be imposed and collected when an existing structure undergoes a change to a more intense use, is demolished and replaced, or is expanded, if the expansion is not otherwise exempt from the development fee requirement. The development fee shall be calculated on the increase in the equalized assessed value of the improved structure.

4. Nonprofit organizations which have received tax exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code, providing current evidence of that status is submitted to the Municipal Clerk, together with a certification that services of the organization are provided at reduced rates to those who establish an inability to pay existing charges, shall be exempted from paying a development fee.

5. Federal, State, County and local governments shall be exempted from paying a development fee.

6. The owner of a residential unit which does not adjoin vacant or improved property owned by the same property owner or an affiliated company of the property owner shall be exempt from paying a development fee.

§ 19-35.5 Nonresidential Development Fees.

[Ord. #2008-15, S 5]

a. Imposed Fees.

1. Within all zoning districts, nonresidential developers, except for developers of the types of development specifically exempted, shall pay a fee equal to two and one-half (2.5%) percent of the equalized assessed value of the land and improvements, for all new nonresidential construction on an unimproved lot or lots.

2. Nonresidential developers, except for developers of the types of development specifically exempted, shall also pay a fee equal to two and one-half (2.5%) percent of the increase in 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 two and one-half (2.5%) percent shall be calculated on the difference between the equalized assessed value of the pre-existing land and improvement and the equalized assessed value of the newly-improved structure, i.e. land and improvement, at the time 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.

b. Eligible Exactions, Ineligible Exactions and Exemptions for Nonresidential Development.

1. The nonresidential portion of a mixed-use inclusionary or market rate development shall be subject to the two and one-half (2.5%) percent development fee, unless otherwise exempted below.

2. The two and one-half (2.5%) percent fee shall not apply to an increase in equalized assessed value resulting from alterations, change in use within existing footprint, reconstruction, renovations and repairs.

3. Nonresidential developments shall be exempt from 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 Non-Residential 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 it at such time 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 of the nonresidential development, whichever is later.

5. If a property which 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 forty-five (45) days of the termination of the property tax exemption. Unpaid nonresidential development fees under these circumstances may be enforceable by the Borough of Point Pleasant as a lien against the real property of the owner.

§ 19-35.6 Collection Procedure.

[Ord. #2008-15, S 6]

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 Borough's 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 Non-Residential 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 which is subject to a development fee.

d. Within ninety (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 which is subject to a development fee.

f. Within ten (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 of the development; calculate the development fee, and thereafter notify the developer of the amount of the fee.

g. Should the Borough of Point Pleasant fail to determine or notify the developer of the amount of the development fee within ten (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 (C.40:55D-8.6).

h. Fifty (50%) 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 the Borough of Point Pleasant. 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 ninety (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 forty-five (45) days of receipt of the challenge, collected fees shall be placed in an interest bearing escrow account by the Borough of Point Pleasant. 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 ninety (90) days after the date of such determination. Interest earned on amounts escrowed shall be credited to the prevailing party.

§ 19-35.7 Affordable Housing Trust Fund.

[Ord. #2008-15, S 7]

a. There is hereby created a separate, interest-bearing housing trust fund to be maintained by the Borough's Chief Financial Officer for the purpose of depositing development fees collected from residential and nonresidential developers and proceeds from the sale of units with extinguished controls.

b. The following additional funds 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 on-site construction of affordable units;

2. Developer-contributed funds to make ten (10%) percent of the affordable 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 the Borough of Point Pleasant's affordable housing program.

c. The Borough of Point Pleasant shall provide COAH with written authorization, in the form of a three-party escrow agreement between the municipality, the Township's banking institution, and COAH to permit COAH to direct the disbursement of the funds as provided for in N.J.A.C. 5:97-8.13(b).

d. All interest accrued in the housing trust fund shall only be used on eligible affordable housing activities approved by COAH or the Court.

§ 19-35.8 Use of Funds.

[Ord. #2008-15, S 8]

a. The expenditure of all funds shall conform to a spending plan approved by COAH or the Court. Funds deposited in the Housing Trust Fund may be used for any activity approved by COAH or the Court to address the Borough of Point Pleasant'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 and specified in the approved spending plan.

b. Funds shall not be expended to reimburse the Borough of Point Pleasant for past housing activities.

c. At least thirty (30%) percent 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 (1/3) of the affordability assistance portion of development fees collected shall be used to provide affordability assistance to those households earning thirty (30%) percent 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 thirty (30%) percent 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 thirty (30%) percent 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.

d. The Borough of Point Pleasant may contract with a private or public entity to administer any part of its Housing Element and Fair Share Plan, including the requirement for affordability assistance, in accordance with N.J.A.C. 5:96-18.

e. No more than twenty (20%) percent 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 twenty (20%) percent 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 COAH'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.

§ 19-35.9 Monitoring.

[Ord. #2008-15, S 9]

The Borough of Point Pleasant shall complete and return to COAH all monitoring forms included in the annual monitoring report related to the collection of development fees from residential and nonresidential developers, payments in lieu of constructing affordable units on site, and 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 the Borough of Point Pleasant's housing program, as well as to the expenditure of revenues and implementation of the plan approved by the court. All monitoring reports shall be completed on forms designed by COAH.

§ 19-35.10 Ongoing Collection of Fees.

[Ord. #2008-15, S 10]

The ability of the Borough of Point Pleasant to impose, collect and expend development fees shall expire with its substantive certification or judgment of compliance unless the Borough of Point Pleasant has filed an adopted Housing Element and Fair Share Plan with COAH, has petitioned COAH for substantive certification, or brought a declaratory relief action in Court pursuant to N.J.S.A. 52.27D-313 and has received approval of its development fee ordinance by COAH or a Court. If the Borough of Point Pleasant fails to renew its ability to impose and collect development fees prior to the expiration of its substantive certification or 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 (C.52:27D-320). The Borough of Point Pleasant shall not impose a residential development fee on a development that receives preliminary or final site plan approval after the expiration of its substantive certification or its judgment of compliance, nor shall the Borough of Point Pleasant retroactively impose a development fee on such a development. The Borough of Point Pleasant shall not expend development fees after the expiration of its substantive certification or its judgment of compliance.

§ 19-35A (RESERVED)

§ 19-35.B POINT PLEASANT BOROUGH THIRD ROUND HOUSING PLAN ELEMENT AND FAIR SHARE PLAN.

§ 19-35B.1 Affordable Housing Obligation.

[Ord. No. 2017-01 § 1]

a. This section is intended to assure that low- and moderate-income units ("affordable units") are created with controls on affordability and that low- and moderate-income households shall occupy these units. This section shall apply except where inconsistent with applicable law.

b. The Borough of Point Pleasant Planning Board has adopted a Housing Element and Fair Share Plan pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-1, et seq. The Fair Share Plan has been adopted by the Planning Board and endorsed by the Governing Body. The Fair Share Plan describes the ways Point Pleasant Borough shall address its fair share for low- and moderate-income housing as documented in the Housing Element and outlined in the terms of the settlement agreement between the Borough and Fair Share Housing Center ("FSHC").

c. This section implements the Borough's Fair Share Plan, addresses the requirements of the Court and the terms of the settlement agreement, and also implements a Borough wide requirement that any residential development with five (5) or more units shall have a twenty (20%) percent affordable housing set aside for low- and moderate-income units.

d. The Borough of Point Pleasant shall track the status of the implementation of the Housing Element and Fair Share Plan. Any plan evaluation report of the Housing Element and Fair Share Plan shall be available to the public at Borough Hall located on 2233 Bridge Avenue Point Pleasant, New Jersey 08742.

§ 19-35B.2 Affordable Housing Programs.

[Ord. No. 2017-01 § 2; Ord. No. 2017-21]

The Borough of Point Pleasant will use the following mechanisms to satisfy its affordable housing obligations:

a. Affordability Assistance Program.

1. The Borough's Administrative Agent will be responsible for implementing the Borough's affordability assistance program for rental assistance and security deposit assistance.

2. All affordable units to be produced in the Borough will be eligible for affordability assistance programs, either through Sea Point Village, the Borough's affordable housing overlay zone, or simply through affordable units produced through the Borough's affordable housing ordinance requiring low and moderate income set-asides for certain residential developments. The Borough's Administrative Agent will be in charge of the process of qualifying individual low and moderate income households for affordability assistance in any given affordable unit.

b. Rental Unit Affordability Assistance Program.

1. Rental Assistance.

Eligible recipients of the program are renters who quality for a very low, low- or moderate-income rental unit. This program's intent is to assist households afford an affordable unit without paying more than thirty-five (35%) percent of their gross monthly income on rent. For example, a very low income household may not be able to afford to live in a low income unit. This program would provide affordability assistance funds to a very low income household, such that a very low income household can make the rental payments to live in a low income unit. This program could apply to Sea Point Village affordable units or other future affordable units for qualifying households. The monthly subsidy a household may receive, if qualified, can vary greatly depending on the person's income and what the existing rent is for an affordable unit. Once again, the Borough's Administrative Agent will be responsible for qualifying households to determine eligibility for rental assistance and also for calculating the correct subsidy each qualifying household is entitled to under the appropriate regulations.

2. Security Deposit Assistance.

The Borough of Point Pleasant will designate a portion of its affordability assistance funds as a revolving Security Deposit Assistance Fund. The amount will be decided in the future as the Borough's Administrative Agent deems appropriate. A low interest loan from the fund will be received by an income eligible renter with good credit standing who qualifies for a low- or moderate-income rental unit. The security deposit assistance will be in the form of a cash loan equal to the security deposit amount determined by the landlord paid to the landlord on behalf of the tenant.

At the termination of the lease, the landlord will return the portion of the security deposit it determines is appropriate to the Borough of Point Pleasant along with the interest earned. The tenant will repay any difference between the original security deposit amount and the portion returned by the landlord as well as the interest accrued to the full loan amount to the Borough of Point Pleasant. Funds returned to the municipality will be placed in the affordable housing trust fund to be used for future security deposit assistance.

3. Administration of Affordability Assistance.

Rental assistance does not need to be repaid by the tenant. The amount of the rental supplement will be calculated initially based on the tenant's actual income and the rent level of the affordable units to help bring the total shelter costs down to thirty-five (35%) percent of the total household income or lower, if warranted by the particular household circumstances. If the tenant wishes to renew the lease, he/she / she must be re-income qualified and the rental supplement will be recalculated. If the tenant no longer qualifies for the rental assistance, he/she / she may renew the lease and stay in the unit, but will no longer receive rental assistance. Rental assistance can be used for units in the Sea Point Village inclusionary development, any units created through the Borough wide inclusionary ordinance, or the Borough's Affordable Housing Overlay ordinance may use rental assistance and security deposit assistance for qualified applicants to live in said units, including very low income households. Also, the Administrative Agent should consider limiting annual increases of rent for affordable units to avoid issues with rental subsidies becoming too costly to sustain.

The availability of any Affordability Assistance Programs must be noticed to all tenants of affordable units within the Borough and provided to all active Administrative Agents working for the Borough. An income eligible occupant or applicant for an affordable unit within the Borough may not be denied participation in the Affordability Assistance Program(s) unless funding is no longer available.

§ 19-35B.3 New Construction.

[Ord. No. 2017-01 § 3; amended 6-28-2021 by Ord. No. 2021-14]

The following general guidelines apply to all newly constructed developments that contain low-and moderate-income housing units, including any currently unanticipated future developments that will provide low- and moderate-income housing units.

a. Low/Moderate Split and Bedroom Distribution of Affordable Housing Units:

1. 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.

2. In each affordable development, at least fifty (50%) percent of the restricted units within each bedroom distribution shall be low-income units. If there is only one affordable unit it must be a low-income unit.

3. Thirteen (13%) percent of all affordable units shall be designated as very-low income households at thirty (30%) percent of the median income, with at least fifty (50%) percent of all very-low income units being available to families. If an inclusionary development proposes less than ten (10) total units, a payment in lieu of a very low-income unit shall be deposited into the Borough's Affordable Housing Trust Fund based on the difference in cost between providing a very low income unit and the region's affordability average. Inclusionary developments of ten (10) or more total units shall be required to provide a minimum of one very low-income unit. Very low-income units shall be considered low-income units for the purposes of evaluating compliance with the required low/moderate income unit splits, bedroom distribution, and phasing requirements of this ordinance.

4. Affordable developments that are not age-restricted shall be structured in conjunction with realistic market demands such that:

(a) The combined number of efficiency and one-bedroom units shall be no greater than twenty (20%) percent of the total low- and moderate-income units;

(b) At least thirty (30%) percent of all low- and moderate-income units shall be two bedroom units;

(c) At least twenty (20%) percent of all low- and moderate-income units shall be three bedroom units; and

(d) The remaining units may be allocated among two- and three-bedroom units at the discretion of the developer.

5. 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.

b. Accessibility Requirements:

1. 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.

2. 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:

(a) An adaptable toilet and bathing facility on the first floor;

(b) An adaptable kitchen on the first floor;

(c) An interior accessible route of travel on the first floor;

(d) An interior accessible route of travel shall not be required between stories within an individual unit;

(e) 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; and

(f) 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, or evidence that the Borough of Point Pleasant has collected funds from the developer sufficient to make ten (10%) percent of the adaptable entrances in the development accessible:

(1) 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.

(2) To this end, the builder of restricted units shall deposit funds within the Borough's Affordable Housing Trust Fund sufficient to install accessible entrances in ten (10%) percent of the affordable units that have been constructed with adaptable entrances.

(3) The funds deposited under paragraph (2) above shall be used by the Borough of Point Pleasant for the sole purpose of making the adaptable entrance of any 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.

(4) The developer of the restricted units shall submit a design plan and cost estimate for the conversion from adaptable to accessible entrances to the Construction Official of the Borough.

(5) 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, and that the cost estimate of such conversion is reasonable, payment shall be made to the Borough's Affordable Housing Trust Fund where the funds shall be deposited into the Affordable Housing Trust Fund and appropriately earmarked.

(6) 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 be in compliance with the Barrier Free Subcode, N.J.A.C. 5:23-7.

c. Maximum Rents and Sales Prices.

1. In establishing rents and sales prices of affordable housing units, the administrative agent shall follow the procedures set forth in UHAC utilizing the regional income limits established by the New Jersey Department of Community Affairs (DCA) or other agency as required by the Court.

2. The maximum rent for restricted rental units within each affordable development shall be affordable to households earning no more than sixty (60%) percent of median income, and the average rent for restricted low- and moderate-income units shall be affordable to households earning no more than fifty-two (52%) percent of median income.

3. 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.

(a) At least thirteen (13%) percent of all low- and moderate-income dwelling units shall be affordable to households earning no more than thirty (30%) percent of median income.

4. The maximum sales price of restricted ownership units within each affordable development shall be affordable to households earning no more than seventy (70%) percent of median income, and each affordable development must achieve an affordability average of fifty-five (55%) percent for restricted ownership units; in achieving this affordability average, moderate-income ownership units must be available for at least three (3) different prices for each bedroom type, and low-income ownership units must be available for at least two (2) different prices for each bedroom type.

5. In determining the initial sales prices and rents for compliance with the affordability average requirements for restricted units other than assisted living facilities, the following standards shall be used:

(a) A studio shall be affordable to a one-person household;

(b) A one-bedroom unit shall be affordable to a one and one-half person household;

(c) A two-bedroom unit shall be affordable to a three-person household;

(d) A three-bedroom unit shall be affordable to a four and one-half person household; and

(e) A four-bedroom unit shall be affordable to a six-person household.

6. In determining the initial rents for compliance with the affordability average requirements for restricted units in assisted living facilities, the following standards shall be used:

(a) A studio shall be affordable to a one-person household;

(b) A one-bedroom unit shall be affordable to a one and one-half person household; and

(c) A two-bedroom unit shall be affordable to a two-person household or to two (2) one-person households.

7. 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 ninety-five (95%) percent 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 twenty-eight (28%) percent 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.

8. The initial rent for a restricted rental unit shall be calculated so as not to exceed thirty (30%) percent of the eligible monthly income of the appropriate household size 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.

9. 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.

10. The rent of low- and moderate-income units may be increased annually based on the percentage increase in the Housing Consumer Price Index for the United States. This increase shall not exceed nine (9%) percent 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.

11. Utilities. Tenant-paid utilities that are included in the utility allowance shall be so stated in the lease and shall be consistent with the utility allowance approved by DCA for its Section 8 program.

d. Percentage of Mandatory Affordable Housing Set-Asides for All Residential Developments:

[Added 6-28-2021 by Ord. No. 2021-14]

1. All new construction multifamily or single-family attached residential dwelling unit developments, whether for-sale or rental, within the borders of the Borough proposing five units or more, shall have a mandatory 20% set-aside for the purposes of providing affordable housing to very-low, low- and moderate-income households. This applies to all such developments, whether permitted by a zoning amendment, an approval or variance granted by the Borough's Planning Board or Zoning Board, or through the adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation.

2. The provisions herein shall not apply to residential expansion, additions, renovations, replacements, or any other type of residential development that does not result in a net increase in the number of dwelling units.

3. This section shall not apply to developments containing four or less dwelling units.

4. All subdivision and site plan approvals of qualifying residential development shall be conditioned upon compliance with the provisions of this section.

5. Where a development demolishes existing dwelling units and builds new dwelling units on the same site, the provisions of this section shall apply only if the total number of newly constructed dwelling units on the site is five or more.

6. For any such development where the Borough's land use ordinances (e.g., zoning or an adopted redevelopment plan) already permitted residential development as of the effective date of the adoption of this ordinance,[1] this requirement shall only apply if the Borough permits an increase in approvable and developable gross residential density to beyond the permitted approvable and developable gross residential density as of the effective date of the adoption of this ordinance.

[1] Editor's Note: Paragraph d was adopted 6-28-2021 by Ord. No. 2021-14.

7. Nothing in this subsection precludes the Borough from imposing an affordable housing set-aside in a development not required to have a set-aside pursuant to this paragraph consistent with N.J.S.A. 52:27D-311(h) and other applicable law.

8. The requirements in this subsection do not create any entitlement for a property owner or applicant for a zoning amendment, variance, or adoption of a redevelopment plan or amended redevelopment plan in areas in need of redevelopment or rehabilitation, or for approval of any particular proposed project.

9. The requirements in this subsection do not apply to any sites or specific overlay zones otherwise identified in the Borough's adopted Fair Share Plan, for which density and set-aside standards shall be governed by the specific standards set forth therein.

e. Phasing. Inclusionary developments shall be subject to the following phasing schedule:

[Added 6-28-2021 by Ord. No. 2021-14]

Minimum Percentage of Low- and Moderate-Income Units Completed	Maximum Percentage of Market-Rate Units Completed
0%	25%
10%	25% + 1 Unit
75%	75%
100%	90%

f. Fractional units. If the affordable housing set-aside of the total number of units in a development results in a fraction or decimal, the developer shall be required to provide an additional affordable unit on site. Example: In an eight unit development requiring an affordable housing set-aside of 1.3 units is proposed, the developer is required to provide two on-site affordable units.

[Added 6-28-2021 by Ord. No. 2021-14]

§ 19-35B.4 Affirmative Marketing Requirements.

[Ord. No. 2017-01 § 4]

a. The Borough of Point Pleasant shall adopt by resolution an Affirmative Marketing Plan, subject to approval of the Court, 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 which are being marketed by a developer, sponsor or owner of affordable housing. The affirmative marketing plan is also intended to target those potentially eligible persons who are least likely to apply for affordable units in that region. It is a continuing program that directs all marketing activities toward Housing Region 4 and covers the period of deed restriction.

c. The affirmative marketing plan shall provide a regional preference for all households that live and/or work in Housing Region 4.

d. The Administrative Agent designated by the Borough of Point Pleasant shall assure the affirmative marketing of all affordable units consistent with the Affirmative Marketing Plan for the municipality.

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 process for available affordable units shall begin at least four (4) months prior to the expected date of occupancy.

g. The costs of advertising and affirmative marketing of the affordable units shall be the responsibility of the developer, sponsor or owner, unless otherwise determined or agreed to by the Borough.

§ 19-35B.5 Occupancy Standards.

[Ord. No. 2017-01 § 5]

a. In referring certified households to specific restricted units, to the extent feasible, and without causing an undue delay in occupying the unit, the Administrative Agent shall strive to:

1. Provide an occupant for each bedroom;

2. Provide children of different sex with separate bedrooms; and

3. Prevent more than two (2) persons from occupying a single bedroom.

b. Additional provisions related to occupancy standards (if any) shall be provided in the Municipal Operating Manual.

§ 19-35B.6 Control Periods for Restricted Ownership Units and Enforcement Mechanisms.

[Ord. No. 2017-01 § 6]

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 until the Borough of Point Pleasant elects to release the unit from such requirements however, and prior to such an election, 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, for at least thirty (30) years.

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 non-restricted, fair market value of the unit based on either an appraisal or the unit's equalized assessed value.

d. At the time of the first sale of the unit, the 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 non-exempt sale after the unit's release from the requirements of this section, an amount equal to the difference between the unit's non-restricted fair market value and its restricted price, and 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 that follows the expiration of the applicable minimum control period provided under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.

§ 19-35B.7 Price Restrictions for Restricted Ownership Units, Homeowner Association Fees and Resale Prices.

[Ord. No. 2017-01 § 7]

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:

a. The initial purchase price for a restricted ownership unit shall be approved by the Administrative Agent.

b. The Administrative Agent shall approve all resale prices, in writing and in advance of the resale, to assure compliance with the foregoing standards.

c. The method used to determine the condominium association fee amounts and special assessments shall be indistinguishable between the low- and moderate-income unit owners and the market unit owners.

d. The owners of restricted ownership units may apply to the Administrative Agent to increase the maximum sales price for the unit on the basis of capital improvements. Eligible capital improvements shall be those that render the unit suitable for a larger household or the addition of a bathroom.

§ 19-35B.8 Buyer Income Eligibility.

[Ord. No. 2017-01 § 8]

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 fifty (50%) percent of median income and moderate-income ownership units shall be reserved for households with a gross household income less than eighty (80%) percent of median income.

b. 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 thirty-three (33%) percent of the household's certified monthly income.

§ 19-35B.9 Limitations on Indebtedness Secured by Ownership Unit; Subordination.

[Ord. No. 2017-01 § 9]

a. Prior to incurring any indebtedness to be secured by a restricted ownership unit, the Administrative Agent shall determine in writing that the proposed indebtedness complies with the provisions of this section.

b. With the exception of original purchase money mortgages, during a control period neither an owner nor a lender shall at any time cause or permit the total indebtedness secured by a restricted ownership unit to exceed ninety-five (95%) percent of the maximum allowable resale price of that unit, as such price is determined by the Administrative Agent in accordance with N.J.A.C. 5:80-26.6(b).

§ 19-35B.10 Control Periods for Restricted Rental Units.

[Ord. No. 2017-01 § 10]

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 until the Borough of Point Pleasant elects to release the unit from such requirements pursuant to action taken in compliance with N.J.A.C. 5:80-26.1, as may be amended and supplemented, and prior to such an election, 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, for at least thirty (30) years.

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 the County of Ocean. A copy of the filed document shall be provided to the Administrative Agent within thirty (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:

1. Sublease or assignment of the lease of the unit;

2. Sale or other voluntary transfer of the ownership of the unit; or

3. The entry and enforcement of any judgment of foreclosure.

§ 19-35B.11 Price Restrictions for Rental Units; Leases.

[Ord. No. 2017-01 § 11]

a. A written lease shall be required for all restricted rental units, except for units in an assisted living residence, 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 five (5%) percent 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.

§ 19-35B.12 Tenant Income Eligibility.

[Ord. No. 2017-01 § 12]

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 thirty (30%) percent of median income.

2. Low-income rental units shall be reserved for households with a gross household income less than or equal to fifty (50%) percent of median income.

3. Moderate-income rental units shall be reserved for households with a gross household income less than eighty (80%) percent 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, low-income household or a moderate-income household, as applicable to the unit, and the rent proposed for the unit does not exceed thirty-five (35%) percent (forty (40%) percent 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 thirty-five (35%) percent (forty (40%) percent 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 thirty-five (35%) percent (forty (40%) percent 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 proposed 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 in paragraphs b, 1 through 5 above with the Administrative Agent, who shall counsel the household on budgeting.

§ 19-35B.13 Administration.

[Ord. No. 2017-01 § 13]

a. The position of Municipal Housing Liaison (MHL) for the Borough of Point Pleasant is established by this section. The Borough shall make the actual appointment of the MHL by means of a resolution.

1. The MHL must be either a full-time or part-time employee of Point Pleasant.

2. The person appointed as the MHL must be reported to the Court and thereafter posted on the Borough's website.

3. The MHL must meet all the requirements for qualifications, including initial and periodic training.

4. The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Borough of Point Pleasant, including the following responsibilities which may not be contracted out to the Administrative Agent:

(a) Serving as the municipality's primary point of contact for all inquiries from the State, affordable housing providers, Administrative Agents and interested households;

(b) The implementation of the Affirmative Marketing Plan and affordability controls.

(c) When applicable, supervising any contracting Administrative Agent.

(d) Monitoring the status of all restricted units in the Borough's Fair Share Plan;

(e) Compiling, verifying and submitting annual reports as required;

(f) Coordinating meetings with affordable housing providers and Administrative Agents, as applicable; and

(g) Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing as offered or approved by the Affordable Housing Professionals of New Jersey (AHPNJ).

b. The Borough of Point Pleasant shall designate by resolution of the Borough Council, subject to the approval of the Court, one or more Administrative Agents to administer newly constructed affordable units in accordance with COAH and UHAC regulations.

c. An Operating Manual shall be provided by the Administrative Agent(s) to be adopted by resolution of the Governing Body. The Operating Manuals shall be available for public inspection in the Office of the Municipal Clerk and in the office(s) of the Administrative Agent(s).

d. The Administrative Agent shall perform the duties and responsibilities of an administrative agent as are set forth in UHAC, including those set forth in N.J.A.C. 5:80-26.14, 16 and 18 thereof, which includes:

1. Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by the Affordable Housing Professionals of New Jersey (AHPNJ);

2. Affirmative Marketing;

3. Household Certification;

4. Affordability Controls;

5. Records retention;

6. Resale and re-rental;

7. Processing requests from unit owners; and

8. Enforcement, though the ultimate responsibility for retaining controls on the units rests with the municipality.

9. The Administrative Agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities, hereunder.

e. The Administrative Agent shall restrict existing affordable units to very low-income occupants as they turn over until such time that the very low-income unit obligation is satisfied.

§ 19-35B.14 Enforcement of Affordable Housing Regulations.

[Ord. No. 2017-01 § 14]

a. 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, municipal fines, a requirement for household recertification, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.

b. 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 against the owner, developer or tenant for any violation that remains uncured for a period of sixty (60) days after service of the written notice:

1. 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 found 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:

(a) A fine of not more than ten thousand ($10,000.00) dollars or imprisonment for a period not to exceed ninety (90) days, or both. Each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense;

(b) In the case of an owner who has rented his or her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Borough of Point Pleasant Affordable Housing Trust Fund of the gross amount of rent illegally collected;

(c) In the case of an owner who has rented his or her 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.

2. The municipality may file a court action in the Superior Court seeking a judgment, which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any 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- and moderate-income unit.

c. Such 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 the right to possession terminated as well as the title conveyed pursuant to the Sheriff's sale.

d. 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 aforesaid, the violating owner shall be personally responsible for and to the 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 (2) 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.

e. 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.

f. 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 which would have been realized from an actual sale as previously described.

g. 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.

h. The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.

§ 19-35B.15 Appeals.

[Ord. No. 2017-01 § 15]

Appeals from all decisions of an Administrative Agent designated pursuant to this section shall be filed with the Superior Court of New Jersey, Ocean County.

§ 19-36 (RESERVED)

Editor's Note: Ord. No. 2021-14 deleted prior § 19-36, Escrow Fees Pursuant to COAH Round 3 Growth Share Regulations, in entirety including Subsections 19-36.1 through 19-36.11. Prior history includes Ord. No. 2006-14.

§ 19-37 FLOOD DAMAGE PREVENTION.

[Sections 19-37.1 through 19-37.5 were amended in entirety by Ord. No. 2022-09. Prior ordinance history: Ord. Nos. 18-2006, 2013-01, 2013-05, 2013-18, 2018-09.]

§ 19-37.101 SCOPE AND ADMINISTRATION.

§ 19-37.101.1 Title.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.101.2 Scope.

[Added 5-9-2022 by Ord. No. 2022-09]

These regulations, in combination with the flood provisions of the Uniform Construction Code and FHACA shall apply to all proposed development in flood hazard areas established in Section 19-37.102 of these regulations.

§ 19-37.101.3 Purposes and Objectives.

[Added 2-14-2022 by Ord. No. 2022-02]

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

a. Protect human life and health.

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

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

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

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

f. Contribute to improved construction techniques in the floodplain.

g. Minimize damage to public and private facilities and utilities.

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

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

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

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

l. Meet the requirements of the National Flood Insurance Program for community participation set forth in Title 44 Code of Federal Regulations, Section 59.22.

§ 19-37.101.4 Coordination with Building Codes.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.101.5 Ordinary Building Maintenance and Minor Work.

[Added 5-9-2022 by Ord. No. 2022-09]

Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code including non-structural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc. shall be evaluated by the Floodplain Administrator through the floodplain development permit to ensure compliance with the Substantial Damage and Substantial Improvement Section 19-103.14.

§ 19-37.101.6 Warning.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.101.7 Other Laws.

[Added 5-9-2022 by Ord. No. 2022-09]

The provisions of these regulations shall not be deemed to nullify any provisions of local, State, or Federal law.

§ 19-37.101.8 Violations and Penalties for Noncompliance.

[Added 5-9-2022 by Ord. No. 2022-09]

No structure or land shall hereafter be constructed, re-located to, extended, converted, or altered without full compliance with the terms of these regulations and other applicable regulations. Violation of the provisions of these regulations by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a violation under N.J.S.A. 40:49-5. Any person who violates these regulations or fails to comply with any of its requirements shall be subject to one or more of the following: a fine of not more than $2,000. [under N.J.S.A. 40:49-5], imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days.

Each day in which a violation exists shall be considered to be a separate and distinct violation subject to the imposition of a separate penalty for each day of the violation as the Court may determine except that the owner will be afforded the opportunity to cure or abate the condition during a thirty-day period and shall be afforded the opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1250 [under N.J.S.A. 40:49-5] may be imposed if the court has not determined otherwise, or if upon reinspection of the property, it is determined that the abatement has not been substantially completed.

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

§ 19-37.101.8.1 Solid Waste Disposal in a Flood Hazard Area.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.101.8.2 Abrogation and Greater Restrictions.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.102 APPLICABILITY.

§ 19-37.102.1 General.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.102.2 Establishment of Flood Hazard Areas.

[Added 5-9-2022 by Ord. No. 2022-09]

The Borough of Point Pleasant was accepted for participation in the National Flood Insurance Program on July 7, 1972.

The National Flood Insurance Program (NFIP) floodplain management regulations encourage that all Federal, State, and Local regulations that are more stringent than the minimum NFIP standards take precedence in permitting decisions. The FHACA requires that the effective Flood Insurance Rate Map, most recent preliminary FEMA mapping and flood studies, and Department delineations be compared to determine the most restrictive mapping. The FHACA also regulates unstudied flood hazard areas in watersheds measuring 50 acres or greater in size and most riparian zones in New Jersey. Because of these higher standards, the regulated flood hazard area in New Jersey may be more expansive and more restrictive than the FEMA Special Flood Hazard Area. Maps and studies that establish flood hazard areas are on file at the Point Pleasant Borough Municipal Building, 2233 Bridge Avenue, Point Pleasant New Jersey.

The following sources identify flood hazard areas in this jurisdiction and must be considered when determining the Best Available Flood Hazard Data Area:

a. Effective Flood Insurance Study. Special Flood Hazard Areas (SFHAs) identified by the Federal Emergency Management Agency in a scientific and engineering report entitled Flood Insurance Study, Ocean County New Jersey (All Jurisdictions), Flood Insurance Study Number 34029CV001C dated December 16, 2021 and the accompanying Flood Insurance Rate Maps (FIRM) identified in Table 102.2(1) whose effective date is June 20, 2018 are hereby adopted by reference.

Table 102.2(1)
Map Panel #	Effective Date	Revision Letter	Map Panel #	Effective Date	Revision Letter
34029C0202F	9/29/2006	F	34029C0208	6/20/2018	G
34029C0204F	9/29/2006	F	34029C0212	9/29/2006	F
34029C0206G	6/20/2018	G	34029C0216	9/29/2006	F

b. Federal Best Available Information. The Borough of Point Pleasant shall utilize Federal flood information as listed in the table below that provides more detailed hazard information, higher flood elevations, larger flood hazard areas, and results in more restrictive regulations. This information may include but is not limited to preliminary flood elevation guidance from FEMA (such as Advisory Flood Hazard Area Maps, Work Maps or Preliminary FIS and FIRM). Additional Federal Best Available studies issued after the date of these regulations must also be considered. These studies are listed on FEMA's Map Service Center. This information shall be used for floodplain regulation purposes only.

Table 102.2(2)
Map Panel #	Preliminary Date	Map Panel #	Preliminary Date
34029C0202G	1/30/2015	34029C0208H	1/30/2015
34029C0204G	1/30/2015	34029C0212G	1/30/2015
34029C0206H	1/30/2015	34029C0216G	1/30/2015

§ 19-37.102.3 Establishing the Local Design Flood Elevation (LDFE).

[Added 5-9-2022 by Ord. No. 2022-09]

The Local Design Flood Elevation (LDFE) is established in the flood hazard areas determined in Section 19-37.102.2, above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act minimum Statewide elevation requirements for lowest floors in A, Coastal A, and V zones, ASCE 24 requirements for critical facilities as specified by the building code, plus additional freeboard as specified by these regulations.

At a minimum, the Local Design Flood Elevation shall be as follows:

a. For a delineated watercourse, the elevation associated with the Best Available Flood Hazard Data Area determined in Section 19-37.102.2, above, plus three feet or as described by N.J.A.C. 7:13 of freeboard; or

[Amended 12-12-2022 by Ord. No. 2022-15]

b. For any undelineated watercourse (where mapping or studies described in Sections 19-37.102.2(1) and 19-37.102.2(2) above are not available) that has a contributary drainage area of 50 acres or more, the applicants must provide one of the following to determine the Local Design Flood Elevation:

1. A copy of an unexpired NJDEP Flood Hazard Area Verification plus one foot of freeboard and any additional freeboard as required by ASCE 24-14; or

2. A determination of the Flood Hazard Area Design Flood Elevation using Method 5 or Method 6 (as described in N.J.A.C. 7:13) plus one foot of freeboard and any additional freeboard as required by ASCE 24-14. Any determination using these methods must be sealed and submitted according to Section 19-37.105.2c.

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

d. Class IV Critical Facilities. For any proposed development of new and substantially improved Flood Design Class IV Critical Facilities, the Local Design Flood Elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the Flood Hazard Area Design Flood Elevation with an additional two feet of freeboard in accordance with ASCE 24.

e. Class III Critical Facilities. For proposed development of new and substantially improved Flood Design Class III Critical Facilities in coastal high hazard areas, the Local Design Flood Elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the Flood Hazard Area Design Flood Elevation with an additional one foot of freeboard in accordance with ASCE 24.

§ 19-37.103 DUTIES AND POWERS OF THE FLOODPLAIN ADMINISTRATOR.

§ 19-37.103.1 Floodplain Administrator Designation.

[Added 5-9-2022 by Ord. No. 2022-09; amended 12-12-2022 by Ord. No. 2022-15]

The Point Pleasant Borough Construction Official is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees.

§ 19-37.103.2 General.

[Added 5-9-2022 by Ord. No. 2022-09]

The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Section 19-37.107 of these regulations.

§ 19-37.103.3 Coordination.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.103.4 Duties.

[Added 5-9-2022 by Ord. No. 2022-09]

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

a. Review all permit applications to determine whether proposed development is located in flood hazard areas established in Section 19-37.102 of these regulations.

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

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

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

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

f. Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 19-37.103.14 of these regulations.

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

h. Review requests submitted to the Construction Official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the Uniform Construction code to determine whether such requests require consideration as a variance pursuant to Section 19-37.107 of these regulations.

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

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

k. Inspect development in accordance with Section 19-37.106 of these regulations and inspect flood hazard areas to determine if development is undertaken without issuance of permits.

l. Prepare comments and recommendations for consideration when applicants seek variances in accordance with Section 19-37.107 of these regulations.

m. Cite violations in accordance with Section 19-37.108 of these regulations.

n. Notify the Federal Emergency Management Agency when the corporate boundaries of the Borough of Point Pleasant have been modified.

o. Permit Ordinary Maintenance and Minor Work in the regulated areas discussed in Section 19-37.102.2.

§ 19-37.103.5 Use of Changed Technical Data.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.103.6 Other Permits.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.103.7 Determination of Local Design Flood Elevations.

[Added 5-9-2022 by Ord. No. 2022-09]

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

a. Obtain, review, and reasonably utilize data available from a Federal, State, or other source, or

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

It shall be the responsibility of the Floodplain Administrator to verify that the applicant's proposed Best Available Flood Hazard Data Area and the Local Design Flood Elevation in any development permit accurately applies the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in Sections 19-37.102.2 and 19-37.102.3 respectively. This information shall be provided to the Construction Official and documented according to Section 19-37.103.15.

§ 19-37.103.8 Requirement to Submit New Technical Data.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.103.9 Activities in Riverine Flood Hazard Areas.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.103.10 Floodway Encroachment.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.103.10.1 Floodway Revisions.

[Added 5-9-2022 by Ord. No. 2022-09]

A floodway encroachment that increases the level of the base flood is authorized if the applicant has applied for a Conditional Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) and has received the approval of FEMA.

§ 19-37.103.11 Watercourse Alteration.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.103.11.1 Engineering Analysis.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.103.12 Alterations in Coastal Areas.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.103.13 Development in Riparian Zones.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.103.14 Substantial Improvement and Substantial Damage Determinations.

[Added 5-9-2022 by Ord. No. 2022-09]

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

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

b. Determine and include the costs of all ordinary maintenance and minor work, as discussed in Section 102.2, performed in the floodplain regulated by these regulations in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.

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

d. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage. This determination requires the evaluation of improvements and repairs, or substantial damage determination as specified in the definition of substantial improvement for a cumulative period of five years.

[Amended 12-12-2022 by Ord. No. 2022-15]

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

§ 19-37.103.15 Department Records.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.103.16 Liability.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.104 PERMITS.

§ 19-37.104.1 Permits Required.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.104.2 Application for Permit.

[Added 5-9-2022 by Ord. No. 2022-09]

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

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

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

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

d. Be accompanied by a site plan and construction documents as specified in Section 105 of these regulations, grading and filling plans and other information deemed appropriate by the Floodplain Administrator.

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

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

§ 19-37.104.3 Validity of Permit.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.104.4 Expiration.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.104.5 Suspension or Revocation.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.104.6 Permit Fees.

[Added 12-12-2022 by Ord. No. 2022-15]

a. Prior to the review and/or issuance of any floodplain development permit, the applicant, developer and/or property owner shall pay to the Borough the sum of $25 for the permit

b. Additionally, review fees shall be paid to the Borough in accordance with the following schedule:

1. Initial review fee for floodplain development pertaining to the building of new construction, reconstruction, rebuilding, remodeling, placement of manufactured homes, or other habitable structures, mining, dredging, culverts and/or bridges: $250.

2. Initial Review fee for floodplain development to any or all other items not listed above, including, but not limited to, filling, grading, paving, excavation, drilling operations, storage of equipment or materials, park and playground construction, placement of small outbuildings and/or accessory structures, including detached garages, kennels, sheds, and playhouses, carports, picnic shelters, pools, pool equipment, fences, walls, clearing of trees and other vegetation, placement of driveway, curb, sidewalk, long-term storage of equipment and/or materials, including firewood, roofing, siding and ordinary maintenance: $50.

3. Subsequent review fee for each revised submission for floodplain development shall be 50% of the initial review fee, as noted above for the respective types of development.

§ 19-37.105 SITE PLANS AND CONSTRUCTION DOCUMENTS.

§ 19-37.105.1 Information for Development in Flood Hazard Areas.

[Added 5-9-2022 by Ord. No. 2022-09]

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

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

b. Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with Section 19-37.105.2.

c. Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with Section 19-37.105.2c of these regulations.

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

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

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

g. Extent of any proposed alteration of sand dunes.

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

i. Floodproofing certifications, V Zone and Breakaway Wall Certifications, Operations and Maintenance Plans, Warning and Evacuation Plans and other documentation required pursuant to FEMA publications.

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

§ 19-37.105.2 Information in Flood Hazard Areas Without Base Flood Elevations (Approximate Zone A).

[Added 5-9-2022 by Ord. No. 2022-09]

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

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

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

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

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

§ 19-37.105.3 Analyses and Certifications by a Licensed Professional Engineer.

[Added 5-9-2022 by Ord. No. 2022-09]

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

a. For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section 19-37.105.4 of these regulations and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents.

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

c. For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained, neither increasing nor decreasing the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in Section 105.4 of these regulations. The applicant shall notify the chief executive officer of all affected adjacent jurisdictions, the NJDEP's Bureau of Flood Engineering and the Division of Land Resource Protection; and shall provide documentation of such notifications.

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

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

§ 19-37.105.4 Submission of Additional Data.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.106 INSPECTIONS.

§ 19-37.106.1 General.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.106.2 Inspections of Development.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.106.3 Buildings and Structures.

[Added 5-9-2022 by Ord. No. 2022-09]

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

a. Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in Section 19-37.801.2 shall be submitted to the Construction Official on an Elevation Certificate.

b. Lowest horizontal structural member. In V zones and Coastal A zones, upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in Section 19-37.801.2 shall be submitted to the Construction Official on an Elevation Certificate.

c. Installation of attendant utilities (electrical, heating, ventilating, air-conditioning, and other service equipment) and sanitary facilities elevated as discussed in Section 19-37.801.2.

d. Final inspection. Prior to the final inspection, certification of the elevation required in Section 19-37.801.2 shall be submitted to the Construction Official on an Elevation Certificate.

§ 19-37.106.4 Manufactured Homes.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.107 VARIANCES.

§ 19-37.107.1 General.

[Added 5-9-2022 by Ord. No. 2022-09]

The Point Pleasant Borough Zoning Board shall hear and decide requests for variances. The Point Pleasant Borough Zoning Board shall base its determination on technical justifications submitted by applicants, the considerations for issuance in Section 19-37.107.5, the conditions of issuance set forth in Section 19-37.107.6, and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The Point Pleasant Borough Zoning Board has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.

§ 19-37.107.2 Historic Structures.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.107.3 Functionally Dependent Uses.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.107.4 Restrictions in Floodways.

[Added 5-9-2022 by Ord. No. 2022-09]

A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in Section 19-37.105.3a of these regulation.

§ 19-37.107.5 Considerations.

[Added 5-9-2022 by Ord. No. 2022-09]

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

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

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

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

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

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

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

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

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

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

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

§ 19-37.107.6 Conditions for Issuance.

[Added 5-9-2022 by Ord. No. 2022-09]

Variances shall only be issued upon:

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

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

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

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

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

§ 19-37.108 VIOLATIONS.

§ 19-37.108.1 Violations.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.108.2 Authority.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.108.3 Unlawful Continuance.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.108.4 Review Period to Correct Violations.

[Added 5-9-2022 by Ord. No. 2022-09]

A thirty-day period shall be given to the property owner as an opportunity to cure or abate the condition. The property owner shall also be afforded an opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 or amount up to $2,000 under [N.J.S.A. 40:49-5] may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.

§ 19-37.201 DEFINITIONS.

§ 19-37.201.1 General.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.201.2 Definitions.

[Added 5-9-2022 by Ord. No. 2022-09]

As used in these regulations:

100-YEAR FLOOD ELEVATION

Elevation of flooding having a 1% annual chance of being equaled or exceeded in a given year which is also referred to as the Base Flood Elevation.

500-YEAR FLOOD ELEVATION

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

A ZONES

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

ACCESSORY STRUCTURE

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

AGRICULTURAL STRUCTURE

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

AH ZONES

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

ALTERATION OF A WATERCOURSE

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

AO ZONES

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

AREA OF SHALLOW FLOODING

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

AREA OF SPECIAL FLOOD HAZARD

See SPECIAL FLOOD HAZARD AREA.

ASCE 24

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

ASCE 7

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

BASE FLOOD ELEVATION (BFE)

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

BASEMENT

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

BEST AVAILABLE FLOOD HAZARD DATA

The most recent available preliminary flood risk guidance FEMA has provided. The Best Available Flood Hazard Data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.

BEST AVAILABLE FLOOD HAZARD DATA AREA

The areal mapped extent associated with the most recent available preliminary flood risk guidance FEMA has provided. The Best Available Flood Hazard Data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.

BEST AVAILABLE FLOOD HAZARD DATA ELEVATION

The most recent available preliminary flood elevation guidance FEMA has provided. The Best Available Flood Hazard Data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.

BREAKAWAY WALLS

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

BUILDING

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

COASTAL A ZONE

An Area of Special Flood Hazard starting from a Velocity (V) Zone and extending up to the landward Limit of the Moderate Wave Action delineation. Where no V Zone is mapped the Coastal A Zone is the portion between the open coast and the landward Limit of the Moderate Wave Action delineation. Coastal A Zones may be subject to wave effects, velocity flows, erosion, scour, or a combination of these forces. Construction and development in Coastal A Zones is to be regulated similarly to V Zones/Coastal High Hazard Areas except as allowed by ASCE 24.

COASTAL HIGH HAZARD AREA

An Area of Special Flood Hazard inclusive of the V Zone extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources.

CONDITIONAL LETTER OF MAP REVISION

A Conditional Letter of Map Revision (CLOMR) is FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the Letter of Map Change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.

CONDITIONAL LETTER OF MAP REVISION - FILL

A Conditional Letter of Map Revision - Fill (CLOMR-F) is FEMA’s comment on a proposed project involving the placement of fill outside of the regulatory floodway that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective Base Flood Elevations (BFEs), or the Special Flood Hazard Area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the Letter of Map Change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.

CRITICAL BUILDING

Per the FHACA, "Critical Building" means that:

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

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

DEEP FOUNDATIONS

Per ASCE 24, deep foundations refer to those foundations constructed on erodible soils in Coastal High Hazard and Coastal A Zones which are founded on piles, drilled shafts, caissons, or other types of deep foundations and are designed to resist erosion and scour and support lateral and vertical loads as described in ASCE 7. Foundations shall extend to 10 feet below Mean Water Level (MWL) unless the design demonstrates that pile penetration will provide sufficient depth and stability as determined by ASCE 24, ASCE 7, and additional geotechnical investigations if any unexpected conditions are encountered during construction.

DEVELOPMENT

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

DRY FLOODPROOFING

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

ELEVATED BUILDING

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

ELEVATION CERTIFICATE

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

ENCROACHMENT

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

FEMA PUBLICATIONS

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

FLOOD HAZARD AREA DESIGN FLOOD ELEVATION

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

FLOOD INSURANCE RATE MAP (FIRM)

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

FLOOD INSURANCE STUDY (FIS)

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

FLOOD or FLOODING

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

1. The overflow of inland or tidal waters.

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

3. Mudslides (I.e. mudflows) which are proximately caused by flooding as defined in paragraph a2 of this definition and are akin to a river or liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

b. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph a2 of this definition.

FLOODPLAIN MANAGEMENT REGULATIONS

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

FLOODPLAIN or FLOOD PRONE AREA

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

FLOODPROOFING

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

FLOODPROOFING CERTIFICATE

Certification by a licensed design professional that the design and methods of construction for floodproofing a non-residential structure are in accordance with accepted standards of practice to a proposed height above the structure's lowest adjacent grade that meets or exceeds the Local Design Flood Elevation. A completed floodproofing certificate is required at permit application.

FLOODWAY

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

FREEBOARD

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

FUNCTIONALLY DEPENDENT USE

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

HABITABLE BUILDING

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

HARDSHIP

As related to Section 19-37.107 of these regulations, meaning the exceptional hardship that would result from a failure to grant the requested variance. The Point Pleasant Borough Council requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

HIGHEST ADJACENT GRADE

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

HISTORIC STRUCTURE

Any structure that is:

a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

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

c. Individually listed on a State inventory of historic places in States with historic preservation programs which have been approved by the Secretary of the Interior; or

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

1. By an approved State program as determined by the Secretary of the Interior; or

2. Directly by the Secretary of the Interior in States without approved programs.

LAWFULLY EXISTING

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

a. Prior to January 31, 1980; or

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

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

LETTER OF MAP AMENDMENT

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

LETTER OF MAP CHANGE

The Letter of Map Change (LOMC) process is a service provided by FEMA for a fee that allows the public to request a change in flood zone designation in an Area of Special Flood Hazard on an Flood Insurance Rate Map (FIRM). Conditional Letters of Map Revision, Conditional Letters of Map Revision - Fill, Letters of Map Revision, Letters of Map Revision-Fill, and Letters of Map Amendment are requested through the Letter of Map Change (LOMC) process.

LETTER OF MAP REVISION

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

LETTER OF MAP REVISION - FILL

A Letter of Map Revision Based on Fill (LOMR-F) is FEMA’s modification of the Special Flood Hazard Area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway may be initiated through the Letter of Map Change (LOMC) Process. Because a LOMR-F officially revises the effective Flood Insurance Rate Map (FIRM) map, it is a public record that the community must maintain. Any LOMR-F should be noted on the community’s master flood map and filed by panel number in an accessible location.

LICENSED DESIGN PROFESSIONAL

Licensed design professional shall refer to either a New Jersey Licensed Professional Engineer, licensed by the New Jersey State Board of Professional Engineers and Land Surveyors or a New Jersey Licensed Architect, licensed by the New Jersey State Board of Architects.

LICENSED PROFESSIONAL ENGINEER

A licensed professional engineer shall refer to individuals licensed by the New Jersey State Board of Professional Engineers and Land Surveyors.

LIMIT OF MODERATE WAVE ACTION (LiMWA)

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

LOCAL DESIGN FLOOD ELEVATION (LDFE)

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

LOWEST ADJACENT GRADE

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

LOWEST FLOOR

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

LOWEST HORIZONTAL STRUCTURAL MEMBER

In an elevated building in a Coastal A or Coastal High Hazard Zone, the lowest beam, joist, or other horizontal member that supports the building is the lowest horizontal structural member. Grade beams installed to support vertical foundation members where they enter the ground are not considered lowest horizontal members.

MANUFACTURED HOME

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

MANUFACTURED HOME PARK OR SUBDIVISION

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

MARKET VALUE

The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value shall be determined by one of the following methods (1) Actual Cash Value (replacement cost depreciated for age and quality of construction), (2) tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser, or (3) established by a qualified independent appraiser.

NEW CONSTRUCTION

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

NON-RESIDENTIAL

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

ORDINARY MAINTENANCE AND MINOR WORK

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

RECREATIONAL VEHICLE

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

RESIDENTIAL

Pursuant to the ASCE 24:

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

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

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

SOLID WASTE DISPOSAL

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

SPECIAL FLOOD HAZARD AREA

The greater of the following: (1) Land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year, shown on the FIRM as Zone V, VE, V1-3-, A, AO, A1-30, AE, A99, or AH; (2) Land and the space above that land, which lies below the peak water surface elevation of the flood hazard area design flood for a particular water, as determined using the methods set forth in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13; (3) Riparian Buffers as determined in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13. Also referred to as the AREA OF SPECIAL FLOOD HAZARD.

START OF CONSTRUCTION

The Start of Construction is as follows:

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

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

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

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

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

STRUCTURE

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

SUBSTANTIAL DAMAGE

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

SUBSTANTIAL IMPROVEMENT

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

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

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

THIRTY-DAY PERIOD

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

UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES

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

V ZONE CERTIFICATE

A certificate that contains a certification signed by a licensed design professional certifying that the designs, plans, and specifications and the methods of construction in V Zones and Coastal A Zones are in accordance with accepted standards of practice. This certificate also includes an optional Breakaway Wall Design Certification for enclosures in these zones below the Best Available Flood Hazard Data Elevation. A completed certification is required at permit application.

V ZONES

Areas of Special Flood Hazard in which the elevation of the surface water resulting from a flood that has a 1% annual chance of equaling or exceeding the Base Flood Elevation in any given year shown on the Flood Insurance Rate Map (FIRM) zones V1-V30 and VE and is referred to as the Coastal High Hazard Area.

VARIANCE

A grant of relief from the requirements of this section which permits construction in a manner otherwise prohibited by this section where specific enforcement would result in unnecessary hardship.

VIOLATION

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

WATER SURFACE ELEVATION

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

WATERCOURSE

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

WET FLOODPROOFING

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

§ 19-37.301 SUBDIVISIONS AND OTHER DEVELOPMENTS.

§ 19-37.301.1 General.

[Added 5-9-2022 by Ord. No. 2022-09]

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

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

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

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

§ 19-37.301.2 Subdivision Requirements.

[Added 5-9-2022 by Ord. No. 2022-09]

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

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

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

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

§ 19-37.401 SITE IMPROVEMENT.

§ 19-37.401.1 Encroachment in Floodways.

[Added 5-9-2022 by Ord. No. 2022-09]

Development, land disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with Section 19-37.105.3a of these regulations, that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flood discharge. If Section 19-37.105.3a is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with Section 19-37.801.2 of these regulations and the floodway requirements of N.J.A.C. 7:13.

§ 19-37.401.1.1 Prohibited in Floodways.

[Added 5-9-2022 by Ord. No. 2022-09]

The following are prohibited activities:

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

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

§ 19-37.401.2 Coastal High Hazard Areas (V Zones) and Coastal A Zones.

[Added 5-9-2022 by Ord. No. 2022-09]

In Coastal High Hazard Areas and Coastal A Zones:

a. New buildings shall only be authorized landward of the reach of mean high tide.

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

c. Basements or enclosures that are below grade on all sides are prohibited.

d. The use of fill for structural support of buildings is prohibited.

§ 19-37.401.3 Sewer Facilities.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.401.4 Water Facilities.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.401.5 Storm Drainage.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.401.6 Streets and Sidewalks.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.401.7 Limitations on Placement of Fill.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.401.8 Limitations on Sites in Coastal High Hazard Areas (V Zones) and Coastal A Zones.

[Added 5-9-2022 by Ord. No. 2022-09]

In coastal high hazard areas and Coastal A Zones, alteration of sand dunes shall be permitted only when the engineering analysis required by Section 19-37.105.3d of these regulations demonstrates that the proposed alteration will not increase the potential for flood damage. Construction or restoration of dunes under or around elevated buildings and structures shall comply with Section 19-37.801.9c of these regulations and as permitted under the NJ Coastal Zone Management Rules (N.J.A.C. 7:7).

§ 19-37.401.9 Hazardous Materials.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.501 MANUFACTURED HOMES.

§ 19-37.501.1 General.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.501.2 Elevation.

[Added 5-9-2022 by Ord. No. 2022-09]

All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in Section 19-37.801.2.

§ 19-37.501.3 Foundations.

[Added 5-9-2022 by Ord. No. 2022-09]

All new, relocated, and replacement manufactured homes, including substantial improvement of existing manufactured homes, shall be placed on permanent, reinforced foundations that are designed in accordance with Section R322 of the Residential Code.

§ 19-37.501.4 Anchoring.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.501.5 Enclosures.

[Added 5-9-2022 by Ord. No. 2022-09]

Fully enclosed areas below elevated manufactured homes shall comply with the requirements of Section 19-37.801.2.

§ 19-37.501.6 Protection of Mechanical Equipment and Outside Appliances.

[Added 5-9-2022 by Ord. No. 2022-09]

Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in Section 801.2 of these regulations.

Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by Section 19-37.801.2, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).

§ 19-37.601 RECREATIONAL VEHICLES.

§ 19-37.601.1 Placement Prohibited.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.601.2 Temporary Placement.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.601.3 Permanent Placement.

[Added 5-9-2022 by Ord. No. 2022-09]

Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive days, shall meet the requirements of Section 19-37.801.2 for habitable buildings.

§ 19-37.701 TANKS.

§ 19-37.701.1 Tanks.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.801 OTHER DEVELOPMENT AND BUILDING WORK.

§ 19-37.801.1 General Requirements for Other Development and Building Work.

[Added 5-9-2022 by Ord. No. 2022-09]

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

a. Be located and constructed to minimize flood damage;

b. Meet the limitations of Section 19-37.105.3a of these regulations when located in a regulated floodway;

c. Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the Local Design Flood Elevation determined according to Section 19-37.102.3;

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

e. Have mechanical, plumbing, and electrical systems above the Local Design Flood Elevation determined according to Section 19-37.102.3 or meet the requirements of ASCE 24 Chapter 7 which requires that attendant utilities are located above the Local Design Flood Elevation unless the attendant utilities and equipment are:

1. Specifically allowed below the Local Design Flood Elevation; and

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

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

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

§ 19-37.801.2 Requirements for Habitable Buildings and Structures.

[Added 5-9-2022 by Ord. No. 2022-09]

a. Construction and Elevation in A Zones not including Coastal A Zones.

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

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

3. All new construction and substantial improvement of any habitable building (as defined in Section 201) located in flood hazard areas shall have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in Section 102.3, be in conformance with ASCE Chapter 7, and be confirmed by an Elevation Certificate.

4. All new construction and substantial improvements of non-residential structures shall:

(a) Have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in Section 19-37.102.3, be in conformance with ASCE Chapter 7, and be confirmed by an Elevation Certificate; or

(b) Together with the attendant utility and sanitary facilities, be designed so that below the Local Design Flood Elevation, the structure:

(1) Meets the requirements of ASCE 24 Chapters 2 and 7; and

(2) Is constructed according to the design plans and specifications provided at permit application and signed by a licensed design professional, is certified by that individual in a Floodproofing Certificate, and is confirmed by an Elevation Certificate.

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

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

(b) Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is non-residential and the requirements of 19-37.801.2a4(b) are met;

(c) Be constructed to meet the requirements of ASCE 24 Chapter 2;

(d) Have openings documented on an Elevation Certificate; and

(e) Have documentation that a deed restriction has been obtained for the lot if the enclosure is greater than six feet in height. This deed restriction shall be recorded in the Office of the County Clerk or the Registrar of Deeds and Mortgages in which the building is located, shall conform to the requirements in N.J.A.C.7:13, and shall be recorded within 90 days of receiving a Flood Hazard Area Control Act permit or prior to occupancy. Deed restrictions must explain and disclose that:

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

(2) The depth of flooding that the enclosure would experience to the Flood Hazard Area Design Flood Elevation;

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

b. Construction and Elevation in V Zones and Coastal A Zones.

1. All new construction and substantial improvements shall be constructed according to structural designs, plans and specifications conforming with ASCE 24 Chapter 4 which are signed by a licensed design professional and certified by that individual in a V Zone Certificate.

2. All new construction and substantial improvement of any habitable building (as defined in Section 19-37.201) located in coastal high hazard areas shall have the lowest horizontal structural member, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to the Local Design Flood Elevation as determined in Section 19-37.102.3, be in conformance with ASCE Chapter 7, and be confirmed by an Elevation Certificate.

3. All new construction and substantial improvements of non-residential structures shall:

(a) Have the lowest horizontal structural member, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the Local Design Flood Elevation as determined in Section 102.3, be in conformance with ASCE 24 Chapter 7, and be confirmed by an Elevation Certificate; or

(b) Together with the attendant utility and sanitary facilities, be designed so that below the Local Design Flood Elevation, the structure:

(1) Meets the requirements of ASCE 24 Chapters 4 and 7; and

(2) Is constructed according to the design plans and specifications provided at permit application and signed by a licensed design professional, is certified by that individual in a Floodproofing Certificate, and is confirmed by an Elevation Certificate.

4. All new construction and substantial improvements shall have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. All breakaway walls shall be constructed according to structural designs, plans and specifications conforming with ASCE 24 Chapter 4, signed by a licensed design professional, and certified by that individual in a Breakaway Wall Certificate.

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

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

(b) Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is non-residential and the requirements of Section 19-37.801.2b3(b) are met;

(c) Be constructed to meet the requirements of ASCE 24 Chapter 4;

(d) Have openings documented on an Elevation Certificate and have breakaway wall construction documented on a Breakaway Wall Certificate unless the requirements of Section 19-37.801.2b3(b) are met for a non-residential structure; and

(e) Have documentation that a deed restriction has been obtained for the lot if the enclosure is greater than six feet in height. This deed restriction shall be recorded in the Office of the County Clerk or the Registrar of Deeds and Mortgages in which the building is located, shall conform to the requirements in N.J.A.C. 7:13, and shall be recorded within 90 days of receiving a Flood Hazard Area Control Act permit or prior to occupancy. Deed restrictions must explain and disclose that:

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

(2) The depth of flooding that the enclosure would experience to the Flood Hazard Area Design Flood Elevation;

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

§ 19-37.801.3 Garages and Accessory Storage Structures.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.801.4 Fences.

[Added 5-9-2022 by Ord. No. 2022-09]

Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of Section 19-37.105.3a of these regulations. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in Section 19-37.107 of these regulations.

§ 19-37.801.5 Retaining Walls, Sidewalks, and Driveways.

[Added 5-9-2022 by Ord. No. 2022-09]

Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of Section 19-37.105.3a of these regulations and N.J.A.C. 7:13.

§ 19-37.801.6 Swimming Pools.

[Added 5-9-2022 by Ord. No. 2022-09]

Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code.

§ 19-37.801.7 Roads and Watercourse Crossings.

[Added 5-9-2022 by Ord. No. 2022-09]

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

b. Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of Section 19-37.105.3a of these regulations.

§ 19-37.801.8 Other Development in Coastal High Hazard Areas (Zone V) and Coastal A Zones.

[Added 5-9-2022 by Ord. No. 2022-09]

In Coastal High Hazard Areas (V Zones) and Coastal A Zones, development activities other than buildings and structures shall be permitted only when also authorized by the appropriate Federal, State or local authority; when located outside the footprint of, and not structurally attached to, buildings and structures; and when analyses prepared by a licensed professional engineer demonstrates no harmful diversion of floodwater or wave runup and wave reflection that would increase damage to adjacent buildings and structures. Such other development activities include but are not limited to:

a. Bulkheads, seawalls, retaining walls, revetments, and similar erosion control structures;

b. Solid fences and privacy walls, and fences prone to trapping debris, unless designed and constructed to fail under flood conditions less than the base flood or otherwise function to avoid obstruction of floodwater; and

c. On-site filled or mound sewage systems.

§ 19-37.801.9 Nonstructural Fill in Coastal High Hazard Areas (Zone V) and Coastal A Zones.

[Added 5-9-2022 by Ord. No. 2022-09]

In coastal high hazard areas and Coastal A Zones:

a. Minor grading and the placement of minor quantities of nonstructural fill shall be permitted for landscaping and for drainage purposes under and around buildings.

b. Nonstructural fill with finished slopes that are steeper than one unit vertical to five units horizontal shall be permitted only when an analysis prepared by a licensed professional engineer demonstrates no harmful diversion of floodwater or wave runup and wave reflection that would increase damage to adjacent buildings and structures.

c. Sand dune construction and restoration of sand dunes under or around elevated buildings are permitted without additional engineering analysis or certification of the diversion of floodwater or wave runup and wave reflection where the scale and location of the dune work is consistent with local beach-dune morphology and the vertical clearance is maintained between the top of the sand dune and the lowest horizontal structural member of the building.

§ 19-37.901 TEMPORARY STRUCTURES AND TEMPORARY STORAGE.

§ 19-37.901.1 Temporary Structures.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.901.2 Temporary Storage.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.901.3 Floodway Encroachment.

[Added 5-9-2022 by Ord. No. 2022-09]

Temporary structures and temporary storage in floodways shall meet the requirements of Section 19-37.105.3a of these regulations.

§ 19-37.1001 UTILITY AND MISCELLANEOUS GROUP U.

§ 19-37.1001.1 Utility and Miscellaneous Group U.

[Added 5-9-2022 by Ord. No. 2022-09]

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

§ 19-37.1001.2 Flood Loads.

[Added 5-9-2022 by Ord. No. 2022-09]

Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the Local Design Flood Elevation as determined in Section 19-37.102.3.

§ 19-37.1001.3 Elevation.

[Added 5-9-2022 by Ord. No. 2022-09]

Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the Local Design Flood Elevation as determined in Section 19-37.102.3 and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.

§ 19-37.1001.4 Enclosures Below Base Flood Elevation.

[Added 5-9-2022 by Ord. No. 2022-09]

Fully enclosed areas below the design flood elevation shall be constructed in accordance with Section 19-37.801.2 and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawlspace having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled-in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.

§ 19-37.1001.5 Flood-Damage Resistant Materials.

[Added 5-9-2022 by Ord. No. 2022-09]

Flood-damage-resistant materials shall be used below the Local Design Flood Elevation determined in Section 19-37.102.3.

§ 19-37.1001.6 Protection of Mechanical, Plumbing, and Electrical Systems.

[Added 5-9-2022 by Ord. No. 2022-09]

Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to or above the Local Design Flood Elevation determined in Section 19-37.102.3.

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

§ 19-37.1 through § 19-37.5. (Reserved)

§ 19-37.5.1 Building Height in Flood Zone.

[Added 3-25-2019 by Ord. No. 2019-03]

a. The definitions set forth in §§ 19-3 and 19-37 are fully incorporated herein by reference and applicable to this section.

b. Definitions.

BEST AVAILABLE FLOOD HAZARD DATA

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

c. The building height for any new construction, reconstruction or substantial improvement of an existing structure shall not exceed a height of 35 feet measured from the effective FIRM elevations or best available flood hazard data, whichever is more restrictive. The maximum height from finished floor shall be 32 feet.

§ 19-38 ENFORCEMENT OF CONDITIONS IN RESOLUTIONS APPROVING DEVELOPMENT APPLICATIONS.

[Added 7-22-2019 by Ord. No. 2019-15]

§ 19-38.1 Definition.

For the purposes of this section, "application for development" shall have the same meaning as that set forth in N.J.S.A. 40:5D-3.

§ 19-38.2 Enforcement of Conditions.

In the event that the Construction Official or the Zoning Office of the Borough shall determine that any condition contained in a resolution or court order approving an application for development is being violated, he shall notify the property owner, in writing, of his findings and order that the violation be corrected within 30 days of the notice. Conditions contained in a resolution approving an application for development shall be deemed to be continuing conditions, and the property owner or subsequent transferees of the real property shall be responsible for the maintenance, replacement and repair of any improvements required by such conditions, including, but not limited to, the replacement of any required plantings which fail to survive.

§ 19-38.3 Fines and Penalties.

Any person who fails to correct a violation after receiving written notice thereof and expiration of the time period in the notice shall be subject to the maximum fines and penalties established under N.J.S.A. 40:49-5, and as same shall be amended from time to time. Each and every day a violation of this section shall exist shall constitute a separate violation.

§ 19-39 TRAILERS AND PORTABLE STORAGE CONTAINERS.

[Ord. #2018-06; amended 3-14-2022 by Ord. No. 2022-05]

a. Definitions. The following definitions shall apply to this chapter.

1. Temporary Storage Structure. A portable storage container or trailer that does not have a permanent foundation or footing, which includes portable storage containers. Such structures shall not be considered a building or accessory structure.

2. Portable Storage Container. A self-storage container that is delivered to and retrieved from a home or business for long term off-site or on-site storage. Portable On Demand Storage or PODS are a familiar trade name for such containers. These containers are not on a chassis and do not have axles or wheels. Portable Storage Containers are containers loaded with materials and placed on a property authorized for residential use for the purpose of temporarily storing materials, including any container, storage unit, shed-like container or other portable structure that can be or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory building or shed complying with all building codes and land use requirements.

b. Permitted Temporary Uses. Temporary Storage Structures or Portable Storage Containers may be utilized as a temporary structure within the Borough when in compliance with the standards set forth in this Section. It shall be the obligation of the owner and/or user of such temporary storage structures or portable storage containers to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary container. Temporary Storage Structures or Portable Storage Containers shall only be permitted on residential property. Any use of such containers within the Borough not in compliance with this Section shall be unlawful.

c. Permit Required; Application; Fee. Before a Temporary Storage Structure or Portable Storage Container is placed on any property the owner of the subject property must submit an application to the Zoning Officer, in the form required by the Zoning Office, for a permit approving the placement of the Temporary Storage Structure or Portable Storage Container. The owner or contractor, with written permission from the property owner, working on the subject property must submit an application to the Zoning Officer approving such placement. The fee for the permit shall be fifty ($50.00) dollars. The renewal fee for any permit shall be twenty ($20.00) dollars.

d. Number of Storage Containers. Only two (2) Temporary Storage Structures or Portable Storage Containers may be placed on any residential property at one time.

e. Size of Storage Container. A Temporary Storage Structure or Portable Storage Container may not exceed ten (10') feet in height, ten (10') feet in width, or twenty (20') feet in length.

f. Duration. Provided there is an existing construction permit on the subject property, and the Temporary Storage Structures or Portable Storage Containers are being used in the operation of the construction on the subject property, said permit will be issued and said container shall be removed within two (2) weeks of the issuance of the certificate of occupancy and/or certificate of approval.

In the event that the Temporary Storage Structures or Portable Storage Containers are not being used on the property with an open construction permit, for example the container is being used to move items out of the structure on the subject property, said permit shall expire within thirty (30) days after its issuance. Thereafter, the applicant must submit the request to renew the permit and pay the applicable renewal fee. A Temporary Storage Structure or Portable Storage Container placed on a property with no open construction permit shall only be permitted to one (1) permit renewal

g. Location. Temporary Storage Structures or Portable Storage Containers are prohibited from being place in streets, public rights-of-way, or on unimproved surfaces in the front yard where a driveway exists on the property, and may be placed only upon driveways, side and rear yards. Wherever Temporary Storage Structures or Portable Storage Containers may be placed, they shall be subject to all property maintenance standards applicable to accessory structures. No Temporary Storage Structures or Portable Storage Containers shall be allowed to remain outside in a state of disrepair.

h. Violations and Penalties. Any Temporary Storage Structure or Portable Storage Container placed in violation of this Section or which is not removed at the end of time for which it may lawfully remain in place, or immediately upon the direction of the Zoning and Code Enforcement Officer, shall be punishable upon conviction thereof, by a fine not to exceed two thousand ($2,000.00) dollars for each violation

i. Duly Registered Trailers Not Prohibited. Nothing herein shall prohibit a duly licensed and registered trailer with the New Jersey Motor Vehicle Commission from being placed in the driveway of the property to which it is registered with the New Jersey Motor Vehicle Commission when it is not in use.