A comprehensive ordinance regulating and limiting the uses of
land and the uses and locations of buildings and structures; regulating
and restricting the height and bulk of buildings and structures and
determining the area of yards, courts and other open spaces; regulating
and restricting the density of population; dividing the Borough of
Point Pleasant Beach into districts for such purposes; adopting a
map of the Borough showing boundaries and the classification of such
districts; establishing rules, regulations and standards governing
the subdivision and site planning of land within the Borough; establishing
a Planning Board and a Board of Adjustment; and prescribing penalties
for the violation of its provisions.
The short form by which this chapter may be known shall be "The
Development Ordinance of the Borough of Point Pleasant Beach."
This chapter is adopted pursuant to N.J.S.A. 40:55D-1 et seq.,
in order to promote and protect the public health, safety, morals
and general welfare, and in furtherance of the following related and
more specific objectives:
To secure safety from fire, flood, panic and other natural man-made
disasters;
To provide adequate light, air and open space;
To ensure that the development of the Borough of Point Pleasant
Beach does not conflict with the development and general welfare of
neighboring municipalities, the county and the State as a whole;
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, and preservation of the environment;
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies;
To provide sufficient space in appropriate locations for a variety
of residential, recreational, commercial and industrial uses and open
space, both public and private, according to their respective environmental
requirements;
To encourage the location and design of transportation routes
which will promote the free flow of traffic while discouraging location
of such facilities and routes which result in congestion or blight;
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements;
To promote the conservation of open space and valuable natural
resources and to prevent urban sprawl and degradation of the environment
through improper use of land;
To encourage senior citizen community housing construction consistent
with provisions permitting other residential uses of a similar density
in the same zoning district.
The provisions of the chapter shall be held to be minimum requirements.
Where this chapter imposes a greater restriction than is imposed or
required by other provisions of law or by other rules or regulations
or resolutions, the provisions of this chapter shall control. Where
other laws, rules, regulations or resolutions require greater restrictions
than are imposed or required by this chapter, the provisions of such
other laws, rules, regulations or restrictions shall control.
[Ord. 1979-2, § 100; Ord. #1980-10; Ord. #2000-02,
§ 1; Ord. No. 2017-30]
The following enumerated list is a list of examples of uses
that are prohibited in each and every zone in the Borough of Point
Pleasant Beach. The list is to provide examples of the types of prohibited
uses and is not intended to limit the types of uses that are prohibited.
In each zone in this chapter there is a list of uses permitted within
the zone with the express intention that all other uses not listed
as a permitted use for the zone are prohibited. It is not intended
that the following list of examples of prohibited uses shall furnish
any indication whatsoever that a use is not prohibited unless listed
herein as a prohibited use.
a.
Acetylene gas manufacturing
b.
Adult bookstores, and the sale, rental or viewing of adult videos.
c.
Ammonia, chlorine, or bleaching manufacturing.
d.
Automobile junkyard, dump or any other establishment for the storage,
reduction or deposit of junk or waste materials of any kind.
e.
Blast furnace or boiler works.
f.
Cement and cinder block manufacture.
g.
Celluloid or film manufacture or extraction of products therefrom.
h.
Creosote treatment or manufacture.
i.
Crematory.
j.
Disinfectant, insecticide or poison manufacture.
k.
Dye manufacture; laundry other than hand laundry; cleaning and dyeing
establishment, provided that this shall not apply to a dry cleaning
store in which the work is done on premises for local service only
and no work is received from pickup stations or other dry-cleaning
plants and in which no wholesaling or subcontract work is carried
on.
l.
Explosives manufacturing, including fireworks, matches, firearms
and ammunition, and storage or sale of explosives, firearms, or ammunition.
m.
Fertilizer manufacturing.
n.
Gas storage, except as an incident to a permitted use.
o.
High rise apartment houses, except in any zone in which a high rise
apartment house is expressly set forth as a permitted use by the exact
terminology "High-Rise Apartment House".
p.
Iron, steel, brass or copper foundry.
q.
Lime, cement, plaster of paris or potash manufacture.
r.
Paint, oil, varnish, turpentine, shellac, or enamel or solvents manufacture.
s.
Power forging, riveting, hammering, punching, chipping, drawing,
rolling or tumbling of metal except as a necessary part of manufacturing
of which these processes form a minor part and which are carried on
without objectionable noise audible beyond the limits of the lot.
t.
Pyroxylin plastic storage and manufacture or the manufacture or article
therefrom.
u.
Rock and stone crusher.
v.
Soap manufacturing.
w.
Tattoo parlor, or body piercing establishment.
x.
Trailer camp, mobile home establishment.
y.
Any other use from which there is any emission or odor, dust, smoke,
gas, toxic materials, noise or glare beyond the boundaries of the
lot on which such use is located or which by reason of vibration or
any other characteristic is noxious or offensive or would tend to
impair or hinder the most appropriate use of land in the vicinity
in accordance with the comprehensive plan of use set forth in this
chapter or any other ordinance.
z.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services as said terms are defined in Section 3
of P.L. 2021, c. 16,[1] including any business handling medical cannabis and all
businesses handling the paraphernalia that facilitates the use of
such cannabis.
[Amended 5-4-2021 by Ord. No. 2021-20]
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
aa.
Massage
parlors.
[Added 6-1-2021 by Ord. No. 2021-21]
All requirements shall be met at the time of erection, enlargement,
alteration, moving or change in use of the principal use and shall
apply to the entire structure or structures whether or not the entire
structure or structures were involved in the erection, enlargement,
alteration, moving or change in use.
[Ord. 1979-2, § 200]
[Ord. 1979-2, § 200; Ord. #1981-17, § 13;
Ord. #1984-1, § 2; Ord. #1985-27, § 1; Ord. #1987-28,
§ 1; Ord. #1990-15, § 1; Ord. #1997-15, § 1;
Ord. #2000-17, § 1; Ord. #2001-26; Ord. #2003-21, §§ 1,
2; Ord. #2006-40, § 1; Ord. #2006-42, § 1; Ord.
#2010-46, § 3; Ord. #2014-06 § 1; Ord. No. 2015-12 § 1; Ord. No. 2015-20 § 1; Ord. No. 2016-15 § 2; Ord. No. 2017-01; Ord. No. 2017-17. Additional amendments noted where applicable.
For the purpose of this chapter, certain phrases and words are
herein defined as follows: words used in the present tense include
the future; words used in the singular number include the plural number
and vice versa; the word "used" shall include arranged, designed,
constructed, altered, converted, rented, leased or intended to be
used; the word "lot" includes the words "plot", "premises" and "tract";
the word "building" includes the words "structure", "dwelling" or
"residence"; the word "shall" is mandatory and not discretionary.
Any word or term not defined herein shall be used with a meaning of
standard usage. Moreover, whenever a term is used in the chapter which
is defined in N.J.S.A. 40:55D-1, et seq., such term is intended to
have the meaning as defined in N.J.S.A. 40:55D-1, et seq., unless
specifically defined to the contrary in this chapter.
A subordinate building or use which is located on the same
lot on which the main building or use is situated and which is reasonably
necessary and incidental to the conduct of the primary use of such
building or use.
|
No accessory building or use shall be used for a business use
conducted for profit apart from the main building or use. Accessory
building shall be in conformity with the height requirements of the
Borough of Point Pleasant Beach.
|
(1) A structure added to the original structure at some time
after the completion of the original; (2) an extension or increase
in floor area or height of a building or structure. "At some time
after" is defined as after the certificate of occupancy has been issued
for the original structure.
Borough clerk of the Borough of Point Pleasant Beach, Ocean
County, New Jersey.
A thoroughfare primarily designed to provide a secondary
means of access to abutting property and not intended for general
traffic circulation, which is owned and maintained by one or more
abutting property owners.
A thoroughfare primarily designed to provide a secondary
means of access to abutting property and not intended for general
traffic circulation, which is owned and maintained by the Borough.
As applied to a building or a structure, a change or rearrangement
in the structural parts or in the existing facilities, or an enlargement
whether by extension of a side or by increasing in height or by moves
from one location or position to another.
Any area within or about a building or open area, open to
the public, used for amusement devices, games or recreational diversions
of all types and construction.
See Apartment Unit.
Every building or portion thereof, which contains three or
more dwelling units.
One or more rooms with private bath and kitchen facilities
comprising an independent, self-contained dwelling unit.
An apartment unit that is two or more stories in height.
The application form and all accompanying documents required
by this chapter for approval of a subdivision plat, site plan, conditional
use, zoning variance or direction of the issuance of a permit pursuant
to N.J.S.A. 40:55D-34 or N.J.S.A. 40:55D-36.
That part of a building that is immediately below and wholly
or partly within the roof framing. See, Store, Half.
Any place where one or more motor vehicles not in running
condition or not properly licensed, or parts thereof, are kept or
stored in the open with no intent to restore them to operating condition
for a period longer than 60 days.
[Amended 6-1-2021 by Ord. No. 2021-21]
A platform that projects from the wall of a building and
is surrounded by a railing, balustrade, or parapet.
A portion of the building partly underground, but having
less than half of its clear height below the average grade of the
adjoining ground. No basement shall be used for sleeping purposes.
An establishment which consists of rooms or suites maintained
for the purpose of providing overnight or short-term sleeping accommodations
and a morning or afternoon meal for paying guests.
Any structure or part thereof upon which any kind of sign
or advertising matter is used for outdoor display. This definition
shall not include bulletin boards used for governmental or church
notices, or signs advertising the sale or lease of the premises on
which they are located.
An area bounded by two or more streets, which tend to divide
it from other similar areas.
The length of a street between two intersecting or interrupting
streets.
Any building or that part of any building where rooming units
are rented with or without meals to less than 30 lodgers or less than
15 bedrooms and in which no provisions are made or permitted for cooking
of any description in any bedroom or suite of rooms by the occupant
thereof and in which no collective cooking or community kitchen is
provided or permitted.
A public right-of-way located along the beach or ocean front
constructed of wooden boards and/or concrete which may be supported
by wooden or concrete piles and used for the purpose of pedestrian
traffic to promenade along the beach front and as access to amusement
piers, stores and commercial establishments and such other public
and semi-public buildings. The definition of boardwalk shall also
include all appurtenant access ramps and stairs.
The land area used to visibly separate one use from another
or to shield or block noise, lights or other nuisances. Buffer areas
may contain existing natural vegetation, fences or berms, as well
as shrubs and trees.
Any structure whether or not enclosed wholly or in part,
having a roof supported by columns, piers or walls, including tents,
lunch wagons, vending machines, trailers, dining cars, camp cars or
other structures on wheels, or having other supports and any unroofed
structure, terrace, platform or porch, whether or not enclosed wholly
or in part.
|
All principal and accessory buildings shall be on a permanent
foundation built in accordance with the building code provisions of
the Revised General Ordinances of the Borough of Point Pleasant Beach.
|
|
Every principal building shall face a public street and shall
be built upon a lot with frontage on a public street which has been
improved in accordance with standards of the Borough unless relief
has been granted by the board under the provision of N.J.S.A. 40:55D-36
or as otherwise provided herein.
|
|
An accessory building attached to a principal building shall
comply in all respects with the yard requirements of this chapter
for the principal building. Detached accessory buildings shall be
located to the rear of the front building line of the principal building
and if located in a side yard area shall conform to side yard requirements
for accessory buildings.
|
The total area of a lot remaining after the minimum applicable
yard requirements have been complied with.
The total area expressed in square feet of the outside dimensions
of the principal building plus all accessory buildings and structures.
See Building Area and Floor Area.
The vertical dimension of a building measured from curb grade
to the highest point of the roof in the case of a flat roof; in the
case of a gable, mansard, hip or gambrel type roof the height shall
be measured to the highest point of the ridge from the curb grade.
Where a structure is in the Special Flood Hazard Area (SFHA)
as determined by the Federal Emergency Management Agency (FEMA) and
as illustrated on the Preliminary Flood Insurance Rate Map (P-FIRM)
issued 1/30/2015 or its subsequent revisions then the building height
shall be measured from the Base Flood Elevation (BFE) reflected on
then current P-FIRM to the point as defined in paragraph 1.
[Ord. No. 2015-12 § 1]
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In the case of a cantilevered
or projected section of a building, the vertical plane will coincide
with the most projected surface. Eaves are excluded provided they
do not project more than 24 inches from the exterior surface of the
building. In no case shall an eave project over a property line. All
yard requirements are measured to the building line.
[Ord. No. 2017-01]
An open structure attached to the main building enclosed
on no more than two sides intended for the sheltering of motor vehicles
and being not more than 400 square feet in area.
A portion of the building partly underground, having half
or more than half of clear height below the average grade of the adjoining
ground. No cellar shall be used for sleeping purposes.
A certificate issued by the building inspector upon the completion
of the construction of a new building or alterations to an existing
building, certifying that all requirements of this chapter and in
all other applicable ordinances and requirements have been complied
with.
A building for civic, social, educational, cultural and recreational
uses, not operated primarily for monetary gain.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter and upon the issuance of an authorization
therefor by the Planning Board.
A conveyance of land so as to combine existing lots by deed
or other instrument.
Cooking facilities means facilities used or designated to
be used for the cooking or preparation of food, and includes any stove
or oven, as well as any wiring or piping containing the energy or
power source for such facilities.
A craft distillery is a distillery holding a craft distillery
license issued by the State of New Jersey as defined by N.J.S.A. 33:1-10
3d producing up to 20,000 gallons of distilled alcoholic beverages
per year. The holder of this license shall be entitled to sell this
product at retail to consumers on the licensed premises of the brewery
for consumption on the premises, but only in connection with a tour
of the distillery, or for consumption off the premises in a quantity
of not more than five liters per person, and to offer any person not
more than three samples per calendar day for sampling purposes only.
Sampling means the gratuitous offering of an open container not exceeding
1/2 ounce serving pursuant to licensure issued by the Director of
the State Division of Alcoholic Beverage Control (ABC).
[Added 6-1-2021 by Ord. No. 2021-21]
The elevation of the street grade as established by law;
referring to a building height, it means the greatest vertical measurement
of the building as computed from the curb grade at the lot center
line of the lot front.
A flat surface capable of supporting weight, similar to a
floor, but typically constructed outdoors, often elevated from the
ground, and usually connected to a building. Decks shall be included
in the calculation for building coverage. Tongue-and-groove-constructed
decks or any decking over an impervious surface shall be calculated
toward the total impervious coverage of the lot. Traditional decks,
with a minimum one-eighth-inch separation between deck boards over
permeable soil or stone with no inhibiting liner or compacted material
to resist water infiltration, shall be calculated at 50% the area
toward the total impervious coverage of the lot.
[Amended 9-15-2020 by Ord. No. 2020-18]
A deck which is located on top of, or within the top of,
a dwelling or any building in the open air (no roof).
[Added 2-16-2021 by Ord. No. 2021-03]
A deck which is located 15 feet or more above the adjacent
grade, excluding a rooftop deck.
[Added 2-16-2021 by Ord. No. 2021-03]
Any prefabricated structure brought in complete form to,
or assembled on the site, designed for the serving of meals.
The primary entrance to the principal building which faces
the lot frontage.
The use of land for ingress and egress by vehicles of any
description.
A building designed for and used exclusively for residential
purposes.
A building designed for or containing three or more dwelling
units. This definition shall not include hotel or motel.
A detached building designed for and used exclusively as
one dwelling unit.
A detached building containing not more than two dwelling
units which are entirely separated by horizontal floor or vertical
wall, unpierced, except for access to the outside or to a common cellar
or basement.
A unit of a minimum of one room and bath providing complete
living facilities for one family including facilities or provisions
for facilities required in the storage, preparation, serving and clearing
of food.
A dwelling unit consisting of one room and bath or one and
one-half rooms and bath and in which there is no separate bedroom
and which has a minimum of 450 square feet of overall floor space
inside the defining walls of the unit without regard to interior partitions,
closets or dividers.
A type of retail marketing whereby customers coming into
a physical retail space are offered experiences beyond the traditional
purchase of merchandise. The experience shall be accessory to the
retail component.
[Added 6-1-2021 by Ord. No. 2021-21]
One or more persons related by blood, adoption, or marriage,
living and cooking together as a single housekeeping unit, exclusive
of household servants. A number of persons, but not exceeding two,
living and cooking together as a single housekeeping unit though not
related by blood, adoption, or marriage shall also be deemed to constitute
a family.
|
The families defined above may include domestic servants, companion,
housekeeper, and occasional nonpaying guests. However, the definition,
in either case, shall not include any society, club, fraternity, sorority,
association, lodge, combine, federation, group, coterie or organization,
nor shall it include a group of individuals whose association is temporary
and resort seasonal in character or nature.
|
A structure of any material, built, erected or interposed
in, on or upon any lot line or any lot or tract of land and includes
a gate, hedge, ditch, wall or trestle, or a frame of wood, iron or
other material.
The total enclosed floor area of a structure: (1) for residential
uses such area shall include garages, breezeways, unheated porches
and the like; (2) for business or commercial uses such area shall
include customer facilities, showcase facilities, storage and sales
facilities. Headroom therein shall be at least seven feet. (See also
"Building Area.")
A building or part thereof in which a motor vehicle is stored,
kept or repaired. Types of garages include private, public, carport
and automobile service stations as defined elsewhere in this section.
GARAGE, PRIVATEA garage as an accessory use for the storage of not more than three motor vehicles, and in which no business or industry is conducted or rendered.
GARAGE, PUBLICA garage used as a business, service or industry connected with motor vehicles either housed or unhoused, except automobile sales rooms conducted exclusively for the exhibition of not more than ten vehicles.
|
A garage used for the storage, care or repair of motor vehicles
for profit, including any sale of motor vehicles, fuels or accessories,
or where any such vehicles are kept for hire.
|
MOTOR VEHICLE SERVICE STATIONSA use where gasoline stored only in underground tanks, kerosene or motor oil and lubricants or grease, for operation of automobiles, are retailed directly to the public on premises, and including minor accessories and services for automobiles, but not including automobile repairs and rebuilding. When the dispensing, sale or offering for sale of motor fuels or oil is incidental to the conduct of a public garage, the premises shall be classified as a public garage.
A group of architecturally harmonious residential buildings,
not more than two stories in height, constructed on one project site
and operated as a single unit.
Any floor usable for living purposes, which includes working,
sleeping, eating, cooking or recreation, or a combination thereof.
Every apartment house having five or more living floors or
being 50 feet or more in height.
Unless otherwise specified, the term hospital shall be deemed
to include sanitarium, sanitorium, preventorium, clinic, rest home,
nursing home, convalescent home and any other containing beds for
four or more patients, and used for the diagnosis, treatment or other
case of ailments, and shall be deemed to be limited to places for
the diagnosis, treatment or other case of human ailments.
A building which (a) contains guest rooms, each having its
only access from a central interior corridor or individual outside
entrance, which are designed or intended to be used, let or hired
out for compensation; (b) contains a public lobby or public registration
officer serving the guest rooms; (c) may contain one or more dining
rooms; and (d) has full-time, on-site management. This definition
shall also mean and include any motor hotel or motel which is commonly
regarded as a motor hotel or motel, as the case may be, provided that
this definition shall not be construed to include any building or
structure defined as a multiple-dwelling in this chapter, registered
as a multiple-dwelling with the New Jersey Commissioner of Community
Affairs (as required under the Hotel and Multiple-Dwelling Health
and Safety Law, N.J.S.A. 55:13A-1 et seq.) and occupied or intended
to be occupied as such. (See Dwelling, Multiple-Family; and Dwelling
Unit.)
The sum of building coverage and all impervious surfaces on a lot or lots. In the case of permeable pavers, installed with layers of stone or aggregate underneath to allow stormwater to percolate through, and/or swimming pools, 50 % of the area of such permeable pavers and/or the swimming pool shall be calculated toward the total impervious coverage of the lot. Sand, soil and/or clean open stone that has not been compacted in such a way that may resist water infiltration or installed over an inhibiting liner, shall not count toward the total impervious coverage of the lot. Additionally, with regard to any proposed improvement, the applicant must submit for approval a drainage plan and all documentation deemed necessary to be approved by the Borough Engineer, based upon specific site conditions, as provided for in § 12-3 of the Ordinances of the Borough of Point Pleasant Beach.
[Amended 9-15-2020 by Ord. No. 2020-18]
Any material that prevents or significantly impedes absorption
of storm water into the ground.
In the case of a civil proceeding in any court or in an administrative
proceeding before a municipal agency, any person, whether residing
within or without the municipality, whose right to use, acquire or
enjoy property is or may be affected by any action taken under this
law or whose rights to use, acquire or enjoy property under this law
or under any other law of this State or of the United States have
been denied, violated or infringed by an action or a failure to act
under N.J.S.A. 40:55D-1, et seq.
A use consisting of the operating of the business of buying,
selling, storing or processing objects which are unfit for their intended
purpose but which have value only because of the materials or parts
of which they are composed.
A use wherein dogs, cats or any other type of domesticated
or wild animals are boarded or bred for hire or sale.
Any parcel of land separated from other parcels or portions
as by a subdivision plat or deed of record, survey map, or by metes
and bounds, except that no portion of a street shall be included in
calculating the lot boundaries or areas.
An area of land expressed in square feet which is determined
by the limits of the lines bounding that area. Any portion of a lot
included in a street right-of-way, or car way, existing or proposed,
shall not be included in the calculation of "lot area." Portions of
a lot that are encumbered by easements, wetlands and wetlands transition
(buffer) areas shall be used in calculating "lot area."
A lot at the junction of and abutting two or more intersecting
streets where the interior angle of intersection does not exceed 135
degrees. Required front yard setbacks shall apply to all frontages.
The distance between the midpoints of straight lines connecting
the foremost points of the side lot lines in front and the rearmost
points of the side lot lines in the rear.
The horizontal distance between side lot lines measured along
the street line. The minimum lot frontage shall be the same as the
lot width, except that on curved alignments with an outside radius
of less than 500 feet, the minimum distance between the side lot lines
measured at the street line shall not be less than 75 percent of the
required minimum lot width. In the case of a corner lot, either street
frontage which meets the minimum frontage required for that zone may
be considered the lot frontage.
The shortest horizontal distance between the side lot lines
measured at right angles to its depth. Required lot width shall be
measured at the most forward allowable building line or setback line.
 |
Major development shall be as defined in Subsection 19-19.2.
A use involving the treatment or processing of raw products;
and the production or assembly of articles, parts, or finished products
from raw or prepared materials by giving them new forms or qualities.
Any use or accessory use in which goods, wares or merchandise
are offered for sale, or services rendered, on the premises.
A microbrewery is a brewery holding a limited brewery license
issued by the State of New Jersey as defined by N.J.S.A. 33:1-10.1b,
producing less than 15,000 barrels of 31 gallons of malt beverage
per year. The holder of this license shall be entitled to sell this
product at retail to consumers on the licensed premises of the brewery
for consumption on the premises, but only in connection with a tour
of the brewery, or for consumption off the premises in a quantity
of not more than 15.5 fluid gallons per person, and to offer samples
for sampling purposes only pursuant to licensure issued by the Director
of the State Division of Alcoholic Beverage Control (ABC).
[Added 6-1-2021 by Ord. No. 2021-21]
See Hotel.
A building which in its design or location upon a lot does
not conform to the regulations of this chapter for the zone in which
it is located.
A lot of record existing on the date of the adoption of this
chapter which does not have a minimum width, depth, frontage, or have
the rear, front or side yards or contain the minimum area for the
zone in which it is located.
Use of building or of land that does not conform to the regulations
of this chapter for the zone in which it is located.
Any facility that provides post-recovery care or terminal
care and further, where persons are housed and provided meals and
where nursing care is for hire.
A map adopted in accordance with the Municipal Land Use Law
(Chapter 291 of the Laws of 1975) or any prior act authorizing such
adoption. Such map shall be deemed to be conclusive with respect to
the location and width of the streets, public parks and playgrounds
and drainage rights-of-way shown thereon.
An open area, other than street or other public way, for
the same uses as a private garage, where permitted.
An open area, other than street or other public way, used
for the parking of automobiles and available to the public whether
for a fee, free or an accommodation for clients or customers.
A use or accessory use where motor vehicles are stored, parked,
kept or located in the open with or without charge.
An off-street space available and accessible for the parking
of a motor vehicle and which is held to be an area nine feet wide
and 18 feet long, exclusive of passageways and driveways appurtenant
thereto and giving access thereto.
[Ord. No. 2016-15 § 2]
Preformed paving blocks that are installed on the ground
to form patterns while at the same time facilitate pedestrian and
vehicular travel.
Any security in accordance with the requirements of this
chapter which may be accepted in lieu of a requirement that certain
improvements be made before the Planning Board approves a plat, including
performance bonds, escrow agreements and other similar collateral
or surety agreements.
A structure extending over land or water for use as a landing
place or promenade. A pier may also act as the support for other structures.
The Planning Board of the Borough of Point Pleasant Beach.
The map of a subdivision or site plan and is used interchangeably
in the chapter with "Plan".
SKETCH PLATThe sketch map of a subdivision of sufficient accuracy to be used for the purposes of discussion and classification and meeting the requirements of this chapter.
PRELIMINARY PLATThe preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the Planning Board for Planning Board consideration and preliminary approval and meeting the requirements of this chapter.
FINAL PLATThe final map of all or a portion of the subdivision or site plan which is presented to the Planning Board for final approval in accordance with these regulations.
A roofed piazza, porch or porte cochere which projects beyond
the main wall of a building and which does not encroach upon any open
space required by this chapter.
A building or buildings in which is conducted the main or
principal use of the lot on which the building is situated.
The total area of the outside dimensions of the principal
building not including accessory buildings or structures and not including
rear decks.
[Ord. No. 2015-17 § 1]
The use of land or buildings by the governing body of the
Borough of Point Pleasant Beach.
Residential structures shall be defined as those structures
including the single-family units, duplexes, multiple dwellings, hotels,
motels, rooming houses and any structures containing living quarters.
Any retail food establishment (as defined in Chapter 12 of the New Jersey State Sanitary Code), however, designated, at which food is sold primarily for consumption on the premises. However, no transactions may be made on the street or sidewalk.
Any retail food establishment (as defined in Chapter 12 of the New Jersey State Sanitary Code) such as a restaurant, refreshment stand, snack bar, dairy bar, hamburger stand or hot dog stand where food is served primarily for consumption at counters, stools or bars outside the building or primarily for consumption in automobiles by the customer or by employees of the restaurant, regardless of whether or not additional seats or other accommodations are provided for customers inside the building. However, no transaction may be made on the street or sidewalk.
(1) The further division or relocation of lot lines of any
lot or lots within a subdivision previously made and approved or recorded
according to law; or (2) The alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
A business providing a service for recreation or amusement,
including arts and arts instruction, including woodworking, crafts,
needlecraft, nonmotorized recreation rentals, and instructional fitness
such as yoga, pilates, and karate.
[Added 6-1-2021 by Ord. No. 2021-21]
Distinguished from amusements, rides shall be considered
as any activity, whether adult or children, which provides for the
movement of individuals in any way or any manner such as by water,
electricity, gas, kerosene or other force including but not limited
to inertia, etc. Rides shall be permitted only in that area designated
as resort commercial and which is further indicated by screening within
the resort commercial district as delineated on the zoning map. All
rides shall be considered as conditional uses and subject to Subsection
19-2.3.
Any and all building(s) or portion thereof, used more than
10% of the time for learning, training, or other such services of
an educational nature including, but not limited to pre-K, kindergarten,
elementary school, high school, and higher education or any combination
thereof.
[Ord. No. 2017-17]
Second floor habitable area when used to calculate Second
Habitable Area to Principal Building Area Limitation shall be defined
as the area of the outside dimension of the second habitable floor,
not including exterior balconies or decks. No part of the interior
of the second floor shall be discounted, such as stairs, and areas
open to the floor below.
[Added 9-5-2023 by Ord. No. 2023-12]
A line drawn parallel to a street line or lot line and drawn
to the point of the building nearest to the street line or lot line
beyond which a building shall not project. The minimum yard requirements
shall be the minimum required setbacks. All setbacks from public streets
shall be measured from the required right-of-way width.
[Ord. No. 2017-01]
 |
An accessory building that is used solely for the storage
of personal property excluding motor vehicles. A shed shall be fully
enclosed so as to obscure its contents from the public.
Any device, structure or object for visual communication
that is used for the purpose of bringing the subject thereof to the
attention of others.
The examination of the specific development plans for a lot.
Wherever the term "site plan approval" is used in this chapter, it
shall be understood to mean a requirement that the site plan be reviewed
and approved by the Borough.
That portion of a building included between the surface of any floor and the surface of that floor next above it or, if there is no floor above it, then the space between the floor and the ceiling or roof next above it. A "split level" story shall be considered a second story if its floor level is six feet or more above the level of the line of the finished floor next below it, except a cellar. For structures located within the flood hazard areas of Point Pleasant Beach, and governed by Sections 19-10 et seq., area located above ground but below the lowest floor, as described and detailed in Sections 19.10 et seq., and utilized for garage and storage purposes, shall not constitute a story. Accordingly, these areas may not be used as a habitable floor in order to be exempt from being considered a story as well as to be in compliance with additional requirements of 19-10 et seq.
[Ord. No. 2014-06 § 1]
|
A half story is defined as the upper-most story of a building
in which a sloping roof replaces the upper part of the wall.
|
Any street, avenue, boulevard, road, lane, parkway, viaduct,
drive or thruway (1) which is an existing State, county or municipal
roadway, or (2) which is shown upon a plat heretofore approved pursuant
to law, or (3) which is approved by official action as provided by
N.J.S.A. 40:55D-1 et seq., or (4) which is shown on a plat duly filed
and recorded in the office of the county recording officer prior to
the appointment of a Planning Board and the grant to such board of
the power to review plats; and includes the land between the street
lines, whether improved or unimproved, and may comprise pavement,
shoulders, gutters, curbs, sidewalks, parking areas and other areas
within the street lines.
Buildings permitted east of the boardwalk to house beach
umbrellas and other equipment appurtenant to a principal use located
west of the boardwalk. A temporary structure shall not be larger than
200 square feet in area nor ten feet in height and shall be permitted
to be erected not earlier than May 1 of each year and shall be removed
not later than October 1 of each year.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another with the written consent of the owner according to
the provisions of this chapter.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The following shall not be considered subdivisions within
the meaning of this chapter if no new streets are created: (1) divisions
of land found by the Planning Board or subdivision committee thereof,
appointed by the chairman, to be of agricultural purposes where all
resulting parcels are five acres or larger in size; (2) divisions
of property by testamentary or intestate provisions; (3) divisions
of property upon court order; and (4) conveyances so as to combine
existing lots by deed or other instrument. The term subdivision shall
also include the term resubdivision.
MINOR SUBDIVISIONAny subdivision of land fronting on an existing street that does not involve: (1) the creation of more than three lots (two new lots and the remaining parcel); (2) planned development; (3) any new street; and (4) the extension of any off-tract improvement.
|
Any readjustment of lot lines resulting in no additional lots
shall be classified as a minor subdivision.
|
MAJOR SUBDIVISIONAny subdivision not classified as a minor subdivision.
Portable pools shall not be subject to the requirements of § 19-11 and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed a water surface area of 100 square feet; do not exceed 18 inches in depth; and do not require braces or supports.
Private residential swimming pools shall mean and include
artificially constructed pools, whether located above or below the
ground, having a depth of more than 18 inches and or a water surface
of 100 square feet or more; designed and maintained for swimming and
bathing purposes by an individual for use by members of his household
and guests and which is located on a lot as an accessory use to a
detached dwelling and shall include all buildings, structures, equipment
and appurtenances thereto.
Public swimming pools shall be defined as any pool other
than a private residential swimming pool designed to be used collectively
by persons for swimming and bathing purposes, including pools designed
as part of any hotel or motel use or apartment of townhouse development.
An integrated scheme of townhouse dwelling structures and
common tracts and facilities.
A structure containing two or more townhouse dwelling units.
One of a series of single-family dwelling units which may
be attached by a common wall between it and the adjacent units together
with individual rear or front yard designed as an integral part of
each unit, and having been constructed in conformity with an approved
site and design plan.
Are divided into the following definitions:
|
"Mobile Home." A vehicle with or without motor power, over 30
feet in length or over eight feet in width, designed to be used as
living and sleeping quarters, or as an office, or a place of business.
Mobile homes are prohibited and forbidden in any zone in the Borough
of Point Pleasant Beach.
|
|
Recreational equipment and vehicles, limited to 30 feet in length
and eight feet in width, in the following categories: (1) a "travel
trailer" is a vehicular, portable structure built on a chassis, designed
to be used as a temporary dwelling for travel, recreational and vacation
uses, permanently identified "travel trailer" by the manufacturer;
(2) a "pickup camper" is a structure designed primarily to be mounted
on a pickup or truck chassis and with sufficient equipment to render
it suitable for use as a temporary dwelling for travel, recreational
and vacation use; (3) a "motorized home" is a portable dwelling designed
and constructed as an integral part of a self-propelled vehicle; (4)
a "folding tent trailer" is a folding structure, mounted on wheels
and designed for travel and vacation use. No vehicle described in
this section shall be used for living purposes.
|
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
A winery tasting and sales establishment is a business operating
for consumption of wine on or off the winery's premises, and for sampling
purposes for consumption on the premises, in order to showcase New
Jersey viniculture when operated by one who holds a license permitting
same issued by the Director of the State Division of Alcoholic Beverage
Control (ABC) and who operates as permitted by the ABC regulations.
[Added 6-1-2021 by Ord. No. 2021-21]
The open space extending the full width of the lot and situated
between the street line and the front line of the building projected
to the side lines of the lot. The depth of the required front yard
shall be measured at right angles to the front lot line.
[Ord. No. 2017-01]
The open space extending the full width of the lot and lying
between the rear line of the lot and the nearest line of any principal
building on the lot. The depth of the required rear yard shall be
measured at right angles to the rear lot line.
[Ord. No. 2017-01]
The open space between the side line of the lot and the nearest
line to the building and extending from the front yard line to the
rear yard line, or in the absence of either such yards, to the street
or rear lot lines as the case may be. The width of a required side
yard shall be measured at right angles to the side line of the lot.
[Ord. No. 2017-01]
The Zoning Board of Adjustment of the Borough of Point Pleasant
Beach.
 |
[Ord. No. 1979-2 § 300; Ord. No. 1988-14 § 1; Ord. No. 1993-26 § 1; Ord. No. 2007-02 § 1]
For the purpose of this chapter, the Borough is hereby divided
into ten districts as follows:
|
LR
|
Low Density Single Family Residential
|
|
SF-5
|
Moderate Density Single Family Residential
|
|
HR
|
High Density Residential
|
|
RR-1
|
Resort Residential-1
|
|
RR-2
|
Resort Residential-2
|
|
RR-3
|
Resort Residential-3
|
|
LC
|
Limited Commercial
|
|
GC
|
General Commercial
|
|
HC
|
Highway Commercial
|
|
RC
|
Resort Commercial
|
|
ROS
|
Recreation and Open Space
|
|
MC
|
Marine Commercial
|
|
SF-2
|
Low/Moderate Density Single Family Residential
|
[Ord. No. 1979-2, § 300;
Ord. #1981-17, § 10; Ord. #1983-2, § 1; Ord. #1983-16,
§ 1; Ord. #1985-6, § 2; Ord. #1985-10, § 2;
Ord. #1988-14, § 2; Ord. #1993-26, § 2; Ord.
No. 1994-10; Ord. No. 2002-03; Ord. No. 2007-02; Ord. No. 2008-54;
Ord. No. 2013-06; Ord. No. 2016-02; Ord. No. 2016-15; amended 2-7-2023 by Ord. No. 2023-01]
The boundaries of these zoning districts are established on
the map entitled "Zoning Map of the Borough of Point Pleasant Beach"
dated 2022 prepared by Borough Engineer John M. Mele, P.E. which accompanies
and is hereby made part of this chapter.
Editor's Note: The Zoning Map included as an attachment to this chapter.
[Ord. 1979-2, § 300]
Zoning district boundary lines are intended to follow street
center lines, railroad rights-of-way, and lot or property lines as
they exist on lots of record at the time of enactment of this chapter
unless otherwise indicated by dimensions on the zoning map. Any dimensions
shown shall be in feet and measured horizontally and, when measured
from a street, shall be measured from the street right-of-way line
even if the center line of that street is used for the location of
a zoning district line. The exact location of any disputed zoning
district boundary line shall be determined by the Board of Adjustment.
The zoning standards, controls and designations apply to every structure,
lot and use within each district, and the district lines extend vertically
in both directions from ground level.
[Ord. 1979-2, § 300; Ord. #1993-26, § 3;
Ord. #2010-41; Ord. #2014-06 § 2; amended 2-16-2021 by Ord. No. 2021-03; 3-1-2022 by Ord. No. 2022-02; 2-21-2023 by Ord. No. 2023-02]
a.
Notwithstanding any other provision of this chapter, no building
or structure shall be permitted on the beaches or boardwalk in the
areas east of the boardwalk or boardwalk line as described on the
Zoning Map, with the following exceptions:
1.
Participatory recreational activities, including swimming, bathing
beaches and other similar recreational activities which will preserve
the natural condition of these lands between the hours of 7:00 a.m.
and 10:00 p.m., so long as adequate lifeguards, life-saving apparatus
and other necessary facilities are provided and the use meets the
licensing requirements of the Borough.
2.
Temporary structures to house beach umbrellas and other equipment
appurtenant to the principal use.
3.
One unlighted attached or free standing sign, not to exceed 15 square
feet, identifying the beach, its operating hours and rules and regulations.
4.
Valid pre-existing nonconforming buildings, structures and the uses
housed therein that existed as of July 1, 2010. In addition, these
buildings, structures and the uses housed therein may be rebuilt as
existed at the time of the event causing their total or partial destruction.
(a)
In order to be excepted under paragraph 4 above, any affected
property owner shall submit a request for a certificate of nonconformity
providing evidence as to the existence of all valid pre-existing,
nonconforming buildings, structures, and uses housed therein, that
existed on July 1, 2010. As part of the request the property owner
shall supply the zoning official with a plan showing all current conditions.
This plan shall be attached to any certificate of nonconformity.
(b)
No building, structure or use certified as a valid pre-existing
nonconforming building, structure, or use pursuant to paragraph 4(a)
above shall be expanded either by physically expanding the structure
or through expansion of the use without seeking relief from the Zoning
Board of Adjustment. Normal property maintenance including minor alterations
is excepted so long as they do not expand the structure, either horizontally
or vertically, and so long as they do not expand the use.
b.
Finished floor constructed over three feet above the adjoining exterior
grade.
[Amended 3-1-2022 by Ord.
No. 2022-02]
1.
Not on
pilings. Where the finished floor will be constructed over three feet
above the adjoining exterior grade, but not on pilings, the following
shall be provided:
2.
On pilings. Where the finished floor will be constructed over three
feet above the adjoining exterior grade on pilings, the following
shall be required:
(a)
House fronts shall have finished walls to grade in compliance
with all applicable UCC and FEMA regulations.
(b)
The finished walls shall have decorative facing or the house
siding to within three feet of grade.
(c)
House sides from the front to the rear of the home shall have
walls or permanent screening provided.
(d)
Garage doors, exterior doors, and windows will be allowed as
part of these required finished walls.
c.
Where
a rooftop deck is to be constructed on or within a residential use
building or any building within any residential zoning district, the
following shall apply:
[Added 2-16-2021 by Ord.
No. 2021-03]
1.
The size
of the rooftop deck shall not exceed: a) 15% of the floor area over
or within which it is to be constructed; or b) 200 square feet, whichever
is less.
2.
The maximum
height of any and all points of a rooftop deck, including the railing,
shall not exceed: a) the average roofline height of the building;
or b) 3.5 feet less than the maximum building height; or c) 3.5 feet
less than the maximum building height permitted, whichever is less.
3.
The minimum
setback for any rooftop deck shall be five feet from the edge of the
building and from the minimum required building setback line(s) permitted
in the zone, whichever is more.
4.
The rooftop
deck restrictions noted in this subsection shall not apply to mixed-use
buildings or non-residential buildings.
[Amended 2-21-2023 by Ord. No. 2023-02]
5.
All rooftop
decks shall include a railing, or approved equal barrier, for safe
access and use, installed in accordance with IRC/IBC Codes and any
and all other local, regulatory and industry standards.
d.
Where an upper story deck or decks are to be constructed on a residential
use building or any building within any residential zoning district,
the following shall apply:
[Added 2-16-2021 by Ord.
No. 2021-03]
1.
The total combined size of the upper story deck(s) shall not exceed
200 square feet.
2.
The minimum setback for any upper story deck shall comply with the
minimum required setbacks permitted in the zone.
3.
The upper story deck restrictions noted in this subsection shall
not apply to single-story buildings, mixed-use buildings or nonresidential
buildings.
4.
All upper story decks shall include a railing or approved equal barrier
for safe access and use, installed in accordance with IRC/IBC Codes
and any and all other local, regulatory and industry standards.
In zones allowing boarding houses, hotels, motels, garden apartments and townhouses, consult Subsections 19-11.3, 19-11.12, 19-11.13 and 19-12.3 for special requirements.
[1]
Editor's Note: For bed and breakfast inns, see Subsections
19-9.3c, 19-9.6b and 19-12.3f.
NOTE: Pursuant to Section V of Ordinance No. 2012-37, this Subsection 19-8.6 shall no longer be effective or apply and shall be repealed in its entirety on December 31, 2014, unless such date of repeal is further extended by ordinance of the governing body.
a.
For any nonconforming single family dwelling located within the LR,
SF-2, SF-5, HR, RR-1, RR-2 and RR-3, LC ZONING DISTRICTS (said zoning
districts to be defined hereinafter as "residential zoning districts")
of the Borough that shall have been destroyed by reason of flood,
windstorm, fire, explosion or act of God or otherwise to an extent
of more than partial destruction as provided for in N.J.S.A. 40:55D-68,
and such destruction shall have been deemed complete destruction,
for the period permitted by this subsection, such nonconforming single
family dwelling located within a residential zoning district of the
Borough may be rebuilt, restored or repaired, provided such building
or structure is rebuilt, restored or repaired within the existing
dwelling's footprint, does not exceed the height, area and bulk footprint
such as setbacks of the original building or structure, and such rebuilding,
restoration or repair is otherwise in conformity with the regulations
of this chapter. Nothing in this chapter shall prevent the strengthening
or restoring to a safe condition of any wall, floor or roof which
has been declared unsafe by the Construction Official.
c.
If, in the opinion of the majority of the above people, the value
of repairing the condition is 50 percent or greater of the total market
value of replacing the entire structure, it shall be considered destroyed
and may be rebuilt to the original specifications only as provided
by paragraph a herein; meaning by way of example but not limitation,
that any reconstruction shall be subject to current regulations promulgated
by FEMA and other applicable regulatory authorities.
d.
Where the value of repairing the condition is determined to be less
than 50 percent of the value of replacing the entire structure, the
nonconforming single family dwelling may be rebuilt and used for the
same purpose as before, provided that it does not exceed the height,
area and bulk of the original structure.
e.
The percent damaged shall be the current replacement costs of the
portion damaged, computed as a percentage of the current replacement
cost of the entire structure, and shall not include the cost of the
foundation unless the foundation is damaged or condemned.
f.
Notwithstanding the provisions of paragraph a above, if as a result
of raising the dwelling to the base flood elevation the stairs providing
ingress and egress to the dwelling have to be modified, the additional
stairs may not exceed six feet in width and may not exceed an additional
two foot encroachment. The stairs must also remain uncovered so as
not to create a porch or deck and shall effect upon impervious or
building coverage.
g.
Notwithstanding the provisions of Subsection a above, for all zones governed by this ordinance that provide for a maximum building height of 20 feet, if as a result of raising the dwelling to the base flood elevation the height of the dwelling is altered, such dwelling may be raised to a maximum 22 feet in height as measured by the curb grade of the improved street on which it fronts at the mid-point of the lot.
No nonconforming use shall, if once changed to a conforming
use, be changed back again to a nonconforming use.
In the zones governed by this ordinance, a nonconforming single
family dwelling that having damage of less than 50 percent may be
altered and repaired, but not enlarged or extended, during the term
of this ordinance, unless said dwelling is changed to a single family
dwelling conforming to the requirements of this chapter.
Nothing herein contained shall require any change in the plans,
construction or designated use of a building or structure for which
a building permit has been heretofore issued and substantial construction
has taken place prior to the date of the adoption of this chapter.
Whenever the boundaries of a district shall be changed so as
to transfer an area from one district to another district of a different
classification, the provisions of this chapter shall also apply to
any nonconforming single family dwellings.
This subsection shall only be applicable to single family dwellings
that are conforming uses in the zone in which they are located and
the single family dwelling must be located in the special flood hazard
area (hereinafter "SFHA") as depicted on the Flood Insurance Rate
Map, or the Advisory Base Flood Elevation Map as issued by the Federal
Emergency Management Agency (hereinafter "FEMA").
a.
Where an existing single family dwelling is to be raised in order
to meet but not exceed the ABFE or BFE requirements including a one-foot
freeboard, whichever is more stringent, as required by the Flood Damage
Prevention Code of the Borough of Point Pleasant Beach or the Flood
Hazard Act requirements of the State of New Jersey, the existing dwelling
shall be permitted to be raised a maximum of ten percent over the
allowable height limitation as provided for in the Schedule of Zoning
District Regulations applicable to the zone in which the dwelling
is situate.
b.
Where there is new construction of a single family dwelling, that
dwelling shall comply with the allowable height limitation as provided
for in the Schedule of Zoning District Regulations applicable to the
zone in which the dwelling will be situate.
c.
Notwithstanding the provisions of paragraph a above, if as a result
of raising the dwelling to the base flood elevation the stairs providing
first floor ingress and egress to the dwelling have to be modified,
the additional stairs may not exceed six feet in width and may only
encroach to the extent required to comply with the height requirements
of the ABFE or the BFE. The stairs required to access the first floor
of the dwelling, to the extent they comply with this paragraph shall
remain uncovered so as not to create a porch or deck and shall have
no effect upon impervious or building coverage.
d.
For any property that has received zoning or Planning Board approval,
but that has not yet been constructed, that property shall not be
considered new construction.
e.
Notwithstanding the requirements of Subsection 19-13.2 f. 2 to the contrary, for any nonconforming single family dwelling governed by the terms of this section, and that building or structure has been destroyed as provided for in Subsection 19-8.6.1, the dwelling may be reconstructed in compliance with the provisions outlined in Subsection 19-8.6.1.
No building shall hereafter be used, erected, altered, converted,
enlarged, added to, moved or reduced, wholly or in part, nor shall
any land be designed, used or physically altered for any purpose or
in any manner except in conformity with this chapter. Where a lot
is formed from part of a lot already occupied by a building, such
subdivision shall be effected in such a manner as not to impair any
of the requirements of this chapter with respect to the existing building
and all yards and other open space in connection therewith and so
that all resulting lots have adequate dimensions consistent with the
requirements of the zoning district in which they are located and
so that all lots have frontage on a street.
a.
Principal Permitted Uses on Land and in Buildings.
1.
Single family detached dwelling units.
2.
Public playgrounds, parks and public purpose uses.
3.
Public schools of elementary and/or high school grade operated by
the Point Pleasant Beach Board of Education.
4.
Notwithstanding any other provision of this chapter, no building
or structure shall be permitted on the beaches or boardwalk in the
areas east of the boardwalk or boardwalk line as described on the
zoning map, with the following exceptions:
(a)
Participatory recreational activities, including swimming, bathing
beaches and other similar recreational activities which will preserve
the natural condition of these lands between the hours of 7:00 a.m.
and 10:00 p.m., so long as adequate life guards, life saving apparatus
and other necessary facilities are provided and the use meets the
licensing requirements of the Borough;
(b)
Temporary structures to house beach umbrellas and other equipment
appurtenant to the principal use;
(c)
One unlighted attached or free standing sign, not to exceed
15 square feet, identifying the beach, its operating hours and rules
and regulations.
5.
Two-family dwellings only in that portion of the SF-5 zone east of
Ocean Avenue and south of Carter Avenue, extending not more than 110
feet from Carter Avenue and not within 100 feet of the boardwalk right-of-way.
b.
Accessory Uses Permitted.
3.
Off-street parking and private garages for storage of a maxi-mum
of three vehicles. The garage shall not exceed 16 feet in height.
c.
Bulk and Height Requirements.
1.
See Schedule of Zoning District Regulations for various bulk and
height requirements attached hereto and made a part hereof.[1]
[1]
Editor's Note: The Schedule of Zoning District Regulations is included as an attachment to this chapter.
2.
For District SF-2 only, notwithstanding any other provision of this
chapter, any lot that meets the SF-5 Zone requirements of lot area,
frontage and depth as of March 31, 2007 shall be deemed a conforming
lot in the SF-2 Zone.
d.
Conditional Uses.
1.
Bed-and-breakfast inns (subject to Subsection 19-12.3f only within the following portions of the SF-5-Zone):
That area with the SF-5 Zone bounded by Baltimore Avenue to
the west, Ocean Avenue to the east, Niblick Street to the north and
Washington Avenue to the south.
2.
Schools provided that the lot, use and structures shall adhere to
the following:
(a)
The school is located on at least 2 acres of land. Other lot
and principle building bulk requirements for the respective zoning
district of the proposed use shall prevail.
(b)
One off street parking space is provided for every 25 students.
(c)
A statement shall be submitted with the application setting
forth the full particulars regarding the use, activities and building.
(d)
Accessory buildings shall be located no closer than 20 feet
to the rear or side property lines. No accessory building shall be
permitted within the required front yard setback or the front building
line of the principle building, whichever is greater.
(e)
All interior facilities and areas to be used by the children
shall be located on the principal entrance floor and any other level
which is not more than 1/2 story above or below the finished grade
at the location from which pedestrian access is provided to the building.
(f)
A minimum of 100 square feet per rated building capacity of
outdoor space devoted to recreational use shall be provided and shall
be entirely fenced or otherwise protected from hazards, traffic and
driveways.
(g)
Basement areas shall not be utilized for child care, classrooms
or recreational purposes.
(h)
All loading and unloading of children shall take place on site
and not in the right-of-way of a public street.
(i)
No temporary or permanent residential dwelling facilities shall
be provided in a school, child-care center, nursery school or day-care
center.
(j)
The use shall be licensed by the Department of Education and/or
the Division of Youth and Family Services, New Jersey Department of
Human Services and any other County, State or Federal agency having
jurisdiction thereof as appropriate.
e.
Notwithstanding the other provisions of this chapter, in order to
promote design flexibility and preserve unique site features, the
Planning Board may consider the grant of bulk variances and design
waivers or exceptions for development in that portion of the SF-5
zone east of Lake Avenue and south of Carter Avenue utilizing the
following as guidelines in the consideration of such variances and/or
waivers;
1.
Building lots may be created which front on and are accessed by a
private roadway meeting the following minimum standards:
(a)
18 feet pavement width with a roll type curb;
(b)
Pavement section to be in accordance with municipal design standards;
(c)
The proposed private roadway provides adequate access to building
lots for municipal and emergency services, including adequate turn-around
facilities, if necessary.
(d)
Adequate measures are provided to insure the continued private
ownership and maintenance of the roadway; and
(e)
All required setbacks, lot area calculations, etc., for lots
fronting on such private roadway shall be measured from the closest
physical edge of the roadway.
2.
Through (double frontage) lots shall be permitted provided access
to such lots shall be restricted to a single frontage and direct access
to Ocean Avenue shall be prohibited if alternative access is available.
3.
Additional lot depth beyond the minimum prescribed for the zone is
encouraged for lots fronting on Ocean Avenue.
4.
Continuous comprehensively planned landscape treatment is encouraged
along the entire Ocean Avenue frontage. Solid fencing and landscaping
may be permitted within the required setback area along Ocean Avenue
as part of such landscape treatment.
5.
Front and side yard setbacks may be less than the minimum prescribed
provided:
(a)
No front yard setback shall be less than ten feet;
(b)
A driveway of a minimum of 18 feet in width and 25 feet in length,
as measured perpendicular to the street line, shall be provided on
each lot;
(c)
No off-street parking area, exclusive of driveway area required
pursuant to b above, shall be located within ten feet of the street
line;
6.
Architectural floor plans and elevations of proposed dwellings are
submitted demonstrating compatibility with the particular features
of the lot and the character of the adjacent areas.
b.
c.
Area and bulk requirements are set forth in the attached Schedule
of Zoning District Regulations which are made a part hereof.[1]
[1]
Editor's Note: The Schedule of Zoning District Regulations is included as an attachment to this chapter.
d.
Special Area and Yard Requirements.
1.
In cases where the "HR" district abuts railroad rights of way, a
minimum buffer area of 100 feet inwards shall be provided adjacent
to the railroad right of way. The buffer area may be used for parking
and/or recreational uses.
2.
Land area equal to at least 250 square feet for each dwelling unit
shall be specified on the site plan and improved by the developer
as active recreation areas for use by the residents of the development.
Such areas shall be an integral part of the development, and each
shall be at least 6,000 square feet in size, at least 50 feet wide
and have a grade less than five percent.
3.
All portions of the tract not utilized by buildings or paved surfaces
shall be landscaped utilizing combinations such as landscaped fencing,
shrubbery, lawn area, ground cover, rock formations, contours, existing
foliage, and the planting of conifers and/or deciduous trees native
to the area in order to either maintain or reestablish the tone of
the vegetation in the area and lessen the visual impact of the structures
and paved areas. The established grades on any site shall be planned
for both aesthetic and drainage purposes. The grading plan, drainage
facilities and landscaping shall be coordinated to prevent erosion
and silting as well as assuring that the capacity of any natural or
man-made drainage system is sufficient to handle the water generated
and anticipated both from the site and contributing upstream areas.
f.
Minimum Off-Street Parking. Two spaces for each apartment or townhouse
dwelling unit.
g.
Minimum Off-Street Loading. Adequate trash and garbage pick-up locations
shall be provided within a totally enclosed container located in a
manner to be obscured from view from parking areas, streets and adjacent
residential uses or zoning districts by a fence, wall, planting or
combination of the three.
h.
Signs. See Subsection 19-11.10.
[1]
Editor's Note: Prior ordinances codified herein include portions
of Ord. Nos. 1979-2, 1983-25, 1984-13 and 1985-23.
a.
Principal Permitted Uses on Land and in Buildings:
1.
All principal uses permitted in RR-1 and RR-2 zones.
b.
Accessory Uses Permitted: Same as for RR-1 zone.
d.
Area and Bulk Requirements: See Schedule of Zoning District Regulations.[1]
[1]
Editor's Note: The Schedule of Zoning District Regulations is included as an attachment to this chapter.
[Ord. 1979-2, § 400; Ord. #1981-17, §§ 9,
12; Ord. #1984-13, § 2; Ord. #1993-26, §§ 11,
12; Ord. #1996-7, § 1; Ord. #2006-24, § 1; Ord.
#2008-42, § I; Ord. #2008-50, § I; Ord. #2010-43,
§ 3; Ord. No. 2017-17; Ord. No. 2017-17]
a.
Principal Permitted Uses on the Land and in Buildings:
1.
Retail and experiential retail sales of goods.
[Amended 6-1-2021 by Ord. No. 2021-21]
2.
Restaurants (excluding drive-ins).
3.
Banks.
4.
Theaters, music halls, and performance spaces.
[Amended 6-1-2021 by Ord. No. 2021-21]
5.
Undertaking and funeral services.
6.
Nursing homes.
7.
Churches.
8.
Public purpose uses.
9.
Business offices, professional offices, including accounting and
tax return preparation services, real estate offices, and photographic
and art studios, including work space and exhibit space for such photographic
and art studios, except that on Arnold Avenue and on Bay Avenue from
Arnold Avenue to Trenton Avenue these uses shall only be permitted
on the second floor and above.
[Amended 6-1-2021 by Ord. No. 2021-21]
10.
Opticians, where at least 50% of the floor area is dedicated to retail
sales of corrective eyewear.
[Amended 6-1-2021 by Ord. No. 2021-21]
11.
Travel agencies.
13.
On the second floor and above, the following uses shall be permitted,
but only above a permitted use: apartments.
[Amended 6-1-2021 by Ord. No. 2021-21]
14.
Music and dance studios.
15.
Retail
recreation services are permitted as a principal use with the exception
of pool and billiard establishments and coin-operated devices or devices
offering prizes
[Added 6-1-2021 by Ord. No. 2021-21]
16.
Microbreweries,
craft distilleries, and winery tasting and sales establishments in
accordance with applicable state regulations.
[Added 6-1-2021 by Ord. No. 2021-21]
b.
Accessory Uses Permitted.
3.
Garages to house delivery trucks or other commercial vehicles.
4.
Temporary construction trailers and sign(s) in accordance with Chapter 17 may be permitted for the period of construction beginning with the issuance of a construction permit, until the completion of the building or for a period of six months whichever is less, provided that the trailer and sign are on the site where construction is taking place. Said six month temporary permit may be extended by the Borough's Zoning Officer upon application and not for a period to exceed six additional months for a total of one year. The Zoning Officer shall consider the magnitude of the construction project, the current and past progress of construction of said project, any extenuating circumstances including but not limited to weather, strikes, labor lockouts and similar disruptions beyond the control of the applicant. Any determination for extension shall be made in writing setting forth the reasons therefor and be kept on file with the Zoning Officer with a copy being delivered to the Borough Clerk.
[Amended 2-16-2021 by Ord. No. 2021-02; 6-15-2021 by Ord. No. 2021-29]
5.
Public swimming pools designed to be used collectively by persons
for swimming and bathing purposes as part of any hotel, motel, garden
apartment or townhouse development.
d.
Area and Bulk Requirements: See Schedule of Zoning District Regulations.[2]
[2]
Editor's Note: The Schedule of Zoning District Regulations is included as an attachment to this chapter.
e.
Special Provisions.
1.
Notwithstanding the above, in order to encourage an end product which
provides parking, access and architectural continuity even where development
occurs piecemeal and with diverse ownership, buildings may be attached
and may be built to the interior side line(s) in order to be attached.
Attached buildings may include two walls which must be keyed to each
other. Where buildings are built to both side lot lines, the site
plan shall be accompanied by appropriate legal material and plans
showing properly located loading spaces and trash receptacles with
permitted access across adjacent properties. If structures are not
attached, the side yard(s) shall be five feet.
2.
The front yard shall be determined on the basis of the average front
yard depth within the block.
[Ord. 1979-2 § 400; Ord. #1980-7; Ord. #1981-17,
§§ 5, 8, 9, 12; Ord. #1984-13, § 2; Ord.
#1993-26, §§ 13, 14; Ord. #2006-01, §§ 2—4;
Ord. #2006-42, § 1; Ord. #2013-30; Ord.
No. 2017-17; Ord. No. 2017-31]
a.
Principal Permitted Uses on the Land and in Buildings.
1.
Retail recreation services are permitted as a principal use with
the exception of pool and billiard establishments and coin-operated
devices or devices offering prizes.
[Added 6-1-2021 by Ord. No. 2021-21]
2.
Retail and experiential retail sales of goods.
[Amended 6-1-2021 by Ord. No. 2021-21]
3.
Restaurants, including drive-in and take-out restaurants, bars and
taverns. Restaurants are excluded from the Northern Highway Commercial
Zone to Arnold Avenue.
4.
Department stores.
5.
Banks, including drive-in facilities.
6.
Offices and office buildings.
7.
Automobile sales whose principal use is the sale of new automobiles
through franchised dealers. The sale of used automobiles shall be
incidental to the principal use of new sales.
8.
Building and fuel supply yards.
11.
Reserved.
12.
Theaters, music halls, and performance spaces.
[Amended 6-1-2021 by Ord. No. 2021-21]
13.
Microbreweries, craft distilleries, winery tasting and sales in accordance
with applicable state regulations.
[Amended 6-1-2021 by Ord. No. 2021-21]
14.
Barbershops, hair and nail salons and beauty parlors.
[Amended 6-1-2021 by Ord. No. 2021-21]
15.
Contractors' and builders' offices and yards excluding storage of
heavy equipment.
16.
Churches.
17.
Real Estate Offices.
[Ord. No. 2017-17]
18.
Fitness centers, weight rooms, gyms, dance and yoga studios.
[Ord. No. 2017-31]
b.
Accessory Uses Permitted.
1.
Reserved.
2.
Reserved.
3.
Off-street parking and private garages for the storage of a maximum
of three vehicles.
5.
Garages to house delivery trucks or other commercial vehicles.
6.
Temporary construction trailers and sign(s) in accordance with Chapter 17 may be permitted for the period of construction beginning with the issuance of a construction permit, until the completion of the building or for one year whichever is less, provided that the trailer and sign are on the site where construction is taking place.
[Amended 2-16-2021 by Ord. No. 2021-02; 6-15-2021 by Ord. No. 2021-29]
c.
Area and Bulk Requirements: See Schedule of Zoning District Regulations.[1]
[1]
Editor's Note: The Schedule of Zoning District Regulations is included as an attachment to this chapter.
d.
General Requirements.
1.
One building may contain more than one permitted use provided that
the total building coverage of the combined use does not exceed the
maximum building coverage specified for the district.
2.
Material or equipment stored outside shall be screened from view
by means of a fence and/or landscaping.
3.
At least the first five feet adjacent to any street line shall not
be used for parking and shall be planted and maintained in ground
cover, or landscaped with evergreen shrubbery and separated from the
parking area by poured concrete curbing. Native vegetation must be
planted within the planting strip, and flush curb with curb stops
will be permitted in order to utilize the strip for stormwater management,
pursuant to the Stormwater Management Rules, now codified at N.J.A.C.
7:8 et seq.
4.
All buildings shall be compatibly designed, whether constructed all
at one time or in stages over a period of time. All building walls
facing any street or residential district line shall be suitably finished
for aesthetic purposes which shall not include unpainted or painted
cinder block or concrete block walls.
5.
All portions of the property not utilized by buildings or paved surfaces
shall be landscaped utilizing combinations such as landscaped fencing,
shrubbery, lawn area, ground cover, rock formations, contours, existing
foliage and the planting of conifers and/or deciduous trees native
to the area in order to either maintain or re-establish the tone of
the vegetation in the area and lessen the visual impact of the structures
and paved areas.
6.
For all commercial, office, building and fuel supply uses in the
HC zone which abut a residential zoning district, a five foot buffer
strip shall be maintained between the use and the adjacent zoning
district. The buffer strip shall consist of landscaped grounds and
suitable screening to safeguard the character of the adjacent districts.
The buffer area shall contain a screen planting at least six feet
in height when planted. Plant material which does not live shall be
replaced. Native vegetation will be planted within the buffer strip
as deemed appropriate by the board engineer based upon specific site
conditions.
e.
Minimum Off-Street Loading.
1.
Each activity shall provide for off-street loading and unloading
with adequate ingress and egress from streets and shall provide such
area(s) at the side or rear of the building.
2.
There shall be at least one trash and/or garbage pick-up location
provided by each building which shall be separated from the parking
spaces by either a location within the building or in a pick-up location
outside the building which shall be a steel-like, totally enclosed
container located in a manner to be obscured from view from parking
areas, streets and adjacent residential uses or zoning districts by
a fence, wall, planting or combination of the three. If located within
the building, the doorway may serve both the loading and trash/ garbage
functions and if located outside the building, it may be located adjacent
to or within the general loading area(s) provided the container in
no way interferes with or restricts loading and unloading functions.
[Ord. 1979-2, § 400; Ord. #1980-2; Ord. #1980-4;
Ord. #1983-25, § 2; Ord. 1984-13, § 2; Ord. #1993-26,
§ 15, 16; Ord. #2001-26; Ord. #2006-42, § 1; Ord. No. 2016-15 § 5]
b.
Conditional Uses. The following conditional uses shall be permitted subject to the provisions of Subsection 19-12.3:
d.
Area and Bulk Requirements. See Schedule of Zoning District Regulations.[1]
[1]
Editor's Note: The Schedule of Zoning District Regulations is included as an attachment to this chapter.
e.
General Requirements.
1.
Further, nothing in this subsection shall prevent the construction
of an entrance doorway to the upper stories of such business or commercial
use, nor ground floor exit doorways.
2.
One building may contain more than one use provided that the total
building coverage of the combined uses does not exceed the maximum
building coverage specified for the district.
3.
At least the first five feet adjacent to any street line shall not
be used for parking and shall be planted and maintained in ground
cover, or landscaped with evergreen shrubbery and separated from the
parking area by poured concrete curbing. Native vegetation will be
planted within the planting strip, and flush curb with curb stops
will be permitted in order to utilize the strip for stormwater management,
pursuant to the Stormwater Management Rules, now codified at N.J.A.C.
7:8 et seq.
4.
All buildings shall be compatibly designed, whether constructed all
at one time or in stages over a period of time. All building walls
facing any street or residential district line shall be suitably finished
for aesthetic purposes which shall not include unpainted or painted
cinder block or concrete block walls.
5.
All portions of the property not utilized by buildings or paved surfaces
shall be landscaped utilizing combinations such as landscaped fencing,
shrubbery, lawn area, ground cover, rock formations, contours, existing
foliage and the planting of conifers and/or deciduous trees native
to the area in order to either maintain or re-establish the tone of
the vegetation in the area and lessen the visual impact of the structures
and paved areas.
6.
For all commercial, service, motel or hotel uses, or boarding houses
in the RC zone which abut a residential zoning district, a five foot
buffer strip shall be maintained between the use and the adjacent
zoning district. The buffer strip shall consist of landscaped grounds
and suitable screening to safeguard the character of the adjacent
districts. The buffer area shall contain a screen planting at least
six feet in height when planted. Plant material which does not live
shall be replaced. Native vegetation will be planted in the buffer
strip, as deemed appropriate by the board engineer based upon specific
site conditions.
f.
Minimum Off-Street Loading.
1.
Each activity shall provide for off-street loading and unloading
with adequate ingress and egress from streets and shall provide such
area(s) at the side or rear of the building.
2.
There shall be at least one trash and/or garbage pick-up location
provided by each building which shall be separated from the parking
spaces by either a location within the building or in a pick-up location
outside the building which shall be a steel-like, totally enclosed
container located in a manner to be obscured from view from parking
areas, streets and adjacent residential uses or zoning districts by
a fence, wall, planting or combination of the three. If located within
the building, the doorway may serve both the loading and trash/garbage
functions and if located outside the building, it may be located adjacent
to or within the general loading area(s) provided the container in
no way interferes with or restricts loading and unloading functions.[2]
[Ord. 1979-2, § 400; Ord. #1980-4; Ord. #1984-13,
§ 2; Ord. #1993-26, §§ 17—19; Ord.
#2000-11, § 3; Ord. #2005-34, § 1; Ord. #2006-02,
§§ 2–4; Ord. #2006-42, § 1; Ord. #2007-20,
§ I; Ord. #2010-46, §§ 5,6; Ord. #2013-30;
Ord. No. 2017-17]
a.
Principal Permitted Uses on Land and in Buildings.
1.
Reserved.
2.
Marine service such as dockage, boat hauling, sales and repairs,
marine supplies and equipment sales.
3.
Boat building yards and ways.
4.
Outside storage of boats.
5.
Wholesale and retail fish sales in enclosed buildings.
6.
Yacht clubs and marinas.
7.
Marine gasoline stations.
8.
Retail and experiential retail sales of goods.
[Ord. No. 2017-17; amended 6-1-2021 by Ord. No. 2021-21]
9.
Restaurants, bars, taverns and cocktail lounges.
10.
One apartment unit only on the second floor of a commercial use.
11.
Parking lots.
12.
Bathing beaches and bathing pavilions subject, however, to the provisions
of Subsection 19-9.3a7.
13.
Real Estate offices.
[Ord. No. 2017-17]
14.
Retail
recreation services are permitted as a principal use with the exception
of pool and billiard establishments, coin-operated devices or devices
offering prizes.
[Added 6-1-2021 by Ord. No. 2021-21]
15.
Microbreweries,
craft distilleries, and winery tasting and sales in accordance with
applicable state regulations.
[Added 6-1-2021 by Ord. No. 2021-21]
b.
Accessory Uses Permitted.
c.
Area and Bulk Requirements. See Schedule of Zoning District Regulations.[1]
[1]
Editor's Note: The Schedule of Zoning District Regulations is included as an attachment to this chapter.
d.
General Requirements.
1.
One building may contain more than one permitted use provided that
the total building coverage of the combined use does not exceed the
maximum building coverage specified for the district.
2.
Material or equipment stored outside shall be screened from view
by means of a fence and/or landscaping.
3.
At least the first five feet adjacent to any street line shall not
be used for parking and shall be planted and maintained in ground
cover, or landscaped with evergreen shrubbery and separated from the
parking area by poured concrete curbing. Native vegetation will be
planted within the planting strip, and flush curb with curb stops
will be permitted in order to utilize the strip for stormwater management,
pursuant to the Stormwater Management Rules, now codified at N.J.A.C.
7:8 et seq.
4.
All buildings shall be compatibly designed, whether constructed all
at one time or in stages over a period of time. All building walls
facing any street or residential district line shall be suitably finished
for aesthetic purposes which shall not include unpainted or painted
cinder block or concrete block walls.
5.
All portions of the property not utilized by buildings or paved surfaces
shall be landscaped utilizing combinations such as landscaped fencing,
shrubbery, lawn area, ground cover, rock formations, contours, existing
foliage and the planting of conifers and/or deciduous trees native
to the area in order to either maintain or re-establish the tone of
the vegetation in the area and lessen the visual impact of the structures
and paved area.
6.
For all hotel, motel, marine service, boat building and retail uses
in the MC zone which abut a residential zoning district, a five foot
buffer strip shall be maintained between the use and the adjacent
zoning district. The buffer strip shall consist of landscaped grounds
and suitable screening to safeguard the character of the adjacent
districts. The buffer area shall contain a screen planting at least
six feet in height when planted. Plant material which does not live
shall be replaced. Native vegetation will be planted in the buffer
strip, as deemed appropriate by the board engineer based upon specific
site conditions.
e.
Minimum Off-Street Loading.
1.
Each activity shall provide for off-street loading and unloading
with adequate ingress and egress from streets and shall provide such
area(s) at the side or rear of the building.
2.
There shall be at least one trash and/or garbage pick-up location
provided by each building which shall be separated from the parking
spaces by either a location within the building or in a pick-up location
outside the building which shall be a steel-like, totally enclosed
container located in a manner to be obscured from view from parking
area, streets and adjacent residential uses or zoning districts by
a fence, wall, planting or combination of the three. If located within
the building, the doorway may serve both the loading and trash/garbage
functions and if located outside the building, it may be located adjacent
to or within the general loading area(s) provided the container in
no way interferes with or restricts loading and unloading functions.
f.
Marine Commercial — Two (MC-2) Overlay Zone.
1.
Purpose. The Marine Commercial — Two MC-2 Overlay Zone is established
to provide sites for low-rise development of attached residential
units (townhouses) at medium to high densities. Such developments
are intended to serve as a transition between areas of detached residences
and areas of more intensive commercial development. This Overlay Zone
is intended as a first phase of a more comprehensive land use planning
strategy for the revitalization of the Broadway and Channel Drive
area. In particular the MC-2 Overlay provides opportunities for townhouse
development along Chicago and Baltimore Avenues, which serve as key
pedestrian linkages between the residential area south of Broadway
and the marine commercial uses north of Channel Drive.
(a)
The MC-2 Zone is an overlay zone whereby, in addition to the
requirements of the underlying zoning district, the following requirements
shall apply. In the event of a conflict with the requirements of the
underlying zone, the provisions of the MC-2 Overlay Zone shall apply.
2.
Definitions. A "townhouse unit" is a single dwelling unit, situated
at ground level, served by its own exclusive exterior entrance, and
attached to one or more other such units by fire walls or fire separation
walls. A "townhouse building" is a building composed of attached townhouse
units.
3.
Area of Zone. The MC-2 Overlay Zone shall be limited to and shall
include all properties located: (1) north of Broadway and south of
Channel Drive, between Baltimore Avenue and Chicago Avenue; (2) the
properties designated as Block 167, Lots 8 and 16, bounded by Broadway
to the south, Chicago Avenue to the east and Channel Drive to the
north; and (3) the properties designated as Block 165, Lots 1, 2,
11 and 12, and also designated as Block 165, Lots 1.01, 1.02, 1.03,
1.04 and 1.05 on the Subdivision Map dated April 2, 2004 as prepared
by Paul K. Lynch, which property is bounded by Broadway to the south,
Baltimore Avenue to the west and Channel Drive to the north.
4.
Permitted Uses in the MC-2 Overlay Zone:
5.
Conditions for Townhouses. Townhouse development shall be subject
to the following conditions:
(a)
Minimum tract area: 25,000 square feet.
(b)
Frontage: the tract shall have a minimum of three separate street
frontages, one of which must be Chicago or Baltimore Avenues, and
two of which shall be Broadway and Channel Drive.
(c)
Townhouses shall be constructed at a maximum density of ten
units per acres.
6.
Design Standards for Townhouses.
(a)
Each townhouse shall have a minimum of 1,500 square feet of
habitable floor area.
(b)
Balconies, stoops, steps, open porches, decks, bay windows,
raised doorways, chimneys, and awnings projected from the front façade
may lie within the front yard setback no closer than five feet from
the property line. Balconies/decks are permitted on the top floor
along the rear of each unit.
(c)
Parking areas must be accessed from a rear alley or lane.
(d)
Streetscapes shall also be reinforced by lines of uniformly
spaced shade trees and may be further reinforced by wide sidewalks,
walls, hedges or fences that define front yards.
(e)
Buildings, structures and landscape features shall be arranged
so as to create visual interest, avoid monotony, maximize privacy,
conserve natural features, minimize the need for grading, provide
for usable areas of common and private open space, facilitate efficient
vehicular and pedestrian circulation, and promote security and personal
safety.
(f)
Townhouse units may be in condominium ownership, where two or
more units are located on a single lot, or in a type of ownership
where each unit is located on a separate lot. No dwelling unit shall
be constructed over another unit.
(g)
Any townhouse development in the MC-2 Overlay Zone must be submitted
to the architectural review committee for review and approval prior
to final approval.
(h)
Townhouses shall have a maximum of two bedrooms per unit.
7.
Permitted Accessory Uses for Townhouses.
(a)
Parking in accordance with Subsection 19-11.7, in addition off-street for residential dwelling units not permitted in front yard setbacks. Parking must not interrupt the continuity of the pedestrian realm.
(b)
Fences and walls in accordance with Subsection 19-11.4; in addition, chain link fences shall not be permitted on any lot frontages. Fencing should be in character with the proposed structure.
(c)
Signs in accordance with Subsection 19-11.0
(d)
Playgrounds, pocket parks and open space
8.
Area Yard and Structure Requirements for Townhouses.
(a)
Minimum lot area: 2,300 square feet
(b)
Minimum lot width: 23 feet
(c)
Townhouse units per building: (Min.) - 3 units
(d)
Townhouse unit width (Max.): 25 feet, except one corner unit
per building may be a maximum of 28 feet.
(e)
Minimum front yard setback: 10 feet
(f)
Minimum side yard setback: 10 feet between buildings
(g)
Minimum rear yard setback: 30 feet
(h)
Building height: 35 feet and shall not exceed 2 1/2 stories.
(i)
Maximum building coverage: 60 percent
(j)
Maximum impervious coverage: 70 percent
(k)
Parking: The parking shall conform to the requirements of the
Residential Site Improvement Standards (RSIS).
9.
Aesthetics for Townhouses.
(a)
Buildings in this zone should be designed with an eye toward
architectural detailing that can be unique, but should not detract
from the appearance of any adjacent structures. Innovative use of
architectural design elements shall be designed so as to create visual
interest and differentiate individual units through variations in
rooflines, wall setbacks and building materials or through use of
porches, bay windows, staircases and other projecting elements.
(b)
Strategic corner buildings shall incorporate more prominent
architectural features since they have at least two facades visibly
exposed to the street. These features include but are not limited
to: towers, clocks, intricate/larger cornices or similar features
to achieve visual prominence.
(c)
The exposed side of and or rear elevations shall have a level
of quality and detail consistent with the front elevation of the dwelling.
(d)
The development shall have at least one open space area located
in the front yard adjacent to and visible from the street and public
right-of-way. This area shall include landscape elements and a unique
architectural design feature or focal point such as a fountain, sculpture,
gazebo, sitting area or similar design feature.
10.
In the event of a conflict with the townhouse provisions of the MC-2
Overlay Zone and other townhouse provisions detailed in the Revised
General Ordinances of the Borough of Point Pleasant Beach, the townhouse
provisions of the MC-2 Overlay Zone shall apply.
Within any recreation and open space district, the following
public uses shall be permitted, subject to regulation by the governing
body: swimming, bathing, boating, fishing, crabbing, parks, picnic
areas, playgrounds and such other similar public uses.
[Ord. #1993-26, § 20; Ord. #2006-42, § 1;
Ord. #2010-46, § 7; Ord. #2013-30]
a.
Principal Permitted Uses on Land and in Buildings:
1.
Retail - No food.
2.
Professional office.
3.
Real estate office and other service offices or banks.
4.
Single-family detached dwellings.
5.
Retail
recreation services are permitted as a principal use with the exception
of pool and billiard establishments, coin-operated devices or devices
offering prizes.
[Added 6-1-2021 by Ord. No. 2021-21]
c.
Area and Bulk Requirements: See Schedule of Zoning District Regulations.[1]
[1]
Editor's Note: The Schedule of Zoning District Regulations is included as an attachment to this chapter.
d.
General Requirements:
1.
One building may contain more than one use provided that the total
building coverage of the combined use does not exceed the maximum
building coverage specified for the district.
2.
Material or equipment stored outside shall be screened from view
by means of a fence and/or landscaping.
3.
At least the first five feet adjacent to any street line shall not
be used for parking and shall be planted and maintained in ground
cover, or landscaped with evergreen shrubbery and separated from the
parking area by poured concrete curbing. Native vegetation will be
planted within the planting strip, and flush curb with curb stops
will be permitted in order to utilize the strip for stormwater management,
pursuant to the Stormwater Management Rules, now codified at N.J.A.C.
7:8 et seq.
4.
All buildings shall be compatibly designed, whether constructed all
at one time or in stages over a period of time. All building walls
facing any street or residential district line shall be suitably finished
for aesthetic purposes which shall not include unpainted or painted
cinder block or concrete block walls.
5.
All portions of the property not utilized by buildings or paved surfaces
shall be landscaped utilizing combinations such as landscaped fencing,
shrubbery, lawn area, ground cover, rock formations, contours, existing
foliage and the planting of conifers and/or deciduous trees native
to the area in order to either maintain or re-establish the tone of
the vegetation in the area and lessen the visual impact of the structures
and paved areas.
6.
For all non-detached single-family uses in the LC zone, which abuts
a residential zoning district, a ten foot buffer strip shall be maintained
between the use and the adjacent zoning district. The buffer strip
shall consist of landscaped grounds and suitable screening to safeguard
the character of the adjacent districts. The buffer area shall contain
a screen planting at least six feet in height when planted. Plant
material which does not live shall be replaced. Native vegetation
will be planted in the buffer strip, as deemed appropriate by the
board engineer based upon specific site conditions.
[Ord. No. 2021-13 amended § 19-10 in entirety.
Prior history includes Ord. Nos. 1979-2, 1984-2, 1987-12, 1989-20,
1992-17, 1993-23, 1999-06, 2006-16, 2010-46, 2013-04; 2016-01; 2018-04;
and 2021-08. Additional amendments noted where applicable.]
[Amended 4-20-2021 by Ord. No. 2021-13]
[Amended 4-20-2021 by Ord. No. 2021-13]
a.
Title. 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 Beach" (hereinafter "these regulations").
b.
Scope. These regulations, in combination with the flood provisions of the Uniform Construction Code and FHACA, shall apply to all proposed development in flood hazard areas established in Subsection 19-10.1.2 of these regulations.
c.
Purposes and objectives. The purposes and objectives of these regulations
are to promote the public health, safety and general welfare and to
minimize public and private losses due to flood conditions in specific
flood hazard areas through the establishment of comprehensive regulations
for management of flood hazard areas, designed to:
1.
Protect human life and health.
2.
Prevent unnecessary disruption of commerce, access, and public service
during times of flooding.
3.
Manage the alteration of natural floodplains, stream channels and
shorelines.
4.
Manage filling, grading, dredging and other development which may
increase flood damage or erosion potential.
5.
Prevent or regulate the construction of flood barriers which will
divert floodwater or increase flood hazards.
6.
Contribute to improved construction techniques in the floodplain.
7.
Minimize damage to public and private facilities and utilities.
8.
Help maintain a stable tax base by providing for the sound use and
development of flood hazard areas.
9.
Minimize the need for rescue and relief efforts associated with flooding.
10.
Ensure that property owners, occupants, and potential owners
are aware of property located in flood hazardareas.
11.
Minimize the need for future expenditure of public funds for
flood control projects and response to and recovery from flood events.
12.
Meet the requirements of the National Flood Insurance Program
for community participation set forth in Title 44 Code of Federal
Regulations, Section 59.22.
d.
Coordination with building codes. Pursuant to the requirement established
in N.J.A.C. 5:23, the Uniform Construction Code, that the Borough
of Point Pleasant Beach administer and enforce the state building
codes, the governing body 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.
e.
Ordinary building maintenance and minor work. Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code, including nonstructural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc., shall be evaluated by the Floodplain Administrator through the floodplain development permit to ensure compliance with the substantial damage and substantial improvement Subsection 19-10.1.3n of this section.
f.
Warning. The degree of flood protection required by these regulations
is considered reasonable for regulatory purposes and is based on scientific
and engineering considerations. Larger floods can and will occur.
Flood heights may be increased by man-made or natural causes. Enforcement
of these regulations does not imply that land outside the special
flood hazard areas, or that uses permitted within such flood hazard
areas, will be free from flooding or flood damage.
g.
Other laws. The provisions of these regulations shall not be deemed
to nullify any provisions of local, state, or federal law.
h.
Violations and penalties for noncompliance.
1.
No structure or land shall hereafter be constructed, relocated to,
extended, converted, or altered without full compliance with the terms
of this section and other applicable regulations. Violation of the
provisions of this section by failure to comply with any of its requirements
(including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor under N.J.S.A.
40:49-5. Any person who violates this section or fails to comply with
any of its requirements shall be subject to a fine of not more than
$2,000 or a period of community service not exceeding 90 days, in
the discretion of the Municipal Court Judge of the Borough of Point
Pleasant Beach.
2.
Each day in which a violation of an ordinance exists shall be considered
to be a separate and distinct violation subject to the imposition
of a separate penalty for each day of the violation as the Court may
determine, except that the owner will be afforded the opportunity
to cure or abate the condition during a thirty-day period and shall
be afforded the opportunity for a hearing before the Court for an
independent determination concerning the violation. Subsequent to
the expiration of the thirty-day period, a fine greater than $2,000
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.
3.
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. The governing body, at
its discretion, may choose not to impose an additional fine upon a
person for a repeated violation of this section and may waive the
additional fine by ordinance or resolution.
4.
Any person convicted of the violation of any ordinance may, in the
discretion of the court by which he was convicted, and in default
of the payment of any fine imposed therefor, be required to perform
community service for a period not exceeding 90 days.
(a)
Solid waste disposal in a flood hazard area. Any person who
has unlawfully disposed of solid waste in a floodway or floodplain
who fails to comply with this section or fails to comply with any
of its requirements shall upon conviction thereof be fined a minimum
of 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.
i.
Abrogation and greater restrictions. These regulations supersede
any ordinance in effect in flood hazard areas. However, these regulations
are not intended to repeal or abrogate any existing ordinances, including
land development regulations, subdivision regulations, zoning ordinances,
stormwater management regulations, or building codes. In the event
of a conflict between these regulations and any other ordinance, code,
or regulation, the more restrictive shall govern.
[Amended 4-20-2021 by Ord. No. 2021-13]
a.
General. These regulations, in conjunction with the Uniform Construction
Code, provide minimum requirements for development located in flood
hazard areas, including the subdivision of land and other developments;
site improvements and installation of utilities; placement and replacement
of manufactured homes; placement of recreational vehicles; new construction
and alterations, repair, reconstruction, rehabilitation or additions
of existing buildings and structures; substantial improvement of existing
buildings and structures, including repair of substantial damage;
installation of tanks; temporary structures and temporary or permanent
storage; utility and miscellaneous Group U buildings and structures;
and certain building work exempt from permit under the Uniform Construction
Code; and other buildings and development activities.
b.
Establishment of flood hazard areas. The Borough of Point Pleasant
Beach was accepted for participation in the National Flood Insurance
Program on June 15, 1979. 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
in the Building Department, at Borough Hall, located at 416 New Jersey
Avenue, Point Pleasant Beach, 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:
1.
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), Number 34029CV001B, Version Number
2.3.3.2, bearing an effective date of September 29, 2006, and a revision
date of June 20, 2018, 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 19-10.1.2b1
| |||||
|---|---|---|---|---|---|
|
Map Panel No.
|
Effective Date
|
Revision Letter
|
Map Panel No.
|
Effective Date
|
Revision Letter
|
|
34029C0206
|
6/20/2018
|
G
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
2.
Federal best available information. The Borough of Point Pleasant
Beach 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 this section
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 19-10.1.2b2
| |||
|---|---|---|---|
|
Map Panel No.
|
Preliminary Date
|
Map Panel No.
|
Preliminary Date
|
|
34029C0206
|
3-28-2014
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
3.
Other best available data. The Borough of Point Pleasant Beach hereby designates all lands east of Ocean Avenue, between the Manasquan Inlet and N.J.S.H. Route 35, including those areas which are designated as AO, X, and Shaded X Zones, as a flood hazard protection area (FHPA) after considering the most restrictive of the effective Flood Insurance Study and other federal best available information described in Subsection 19-10.1.2b1. This FHPA is designated because of the erodibility of the underlying soil characteristics and the vulnerability of structures in these areas to erosion and scour if dunes and/or flood protection infrastructure seaward of these areas are breached.
(a)
Notwithstanding any other requirement imposing a higher standard,
new construction and substantial improvement of any residential, commercial,
industrial or other nonresidential structure located east of Ocean
Avenue shall comply with Coastal A Zone construction.
(b)
Notwithstanding any other requirement imposing a higher standard,
new construction and substantial improvement of any residential structure
located east of Ocean Avenue shall have the lowest floor of habitable
space, including basement, together with the attendant utilities (including
all electrical, heating, ventilating, airconditioning and other service
equipment) and sanitary facilities, elevated at or above Elevation
12.
(c)
Notwithstanding any other requirement imposing a higher standard,
all new construction and substantial improvement of any commercial,
industrial or other nonresidential structure located east of Ocean
Avenue shall have the lowest floor of habitable space, including basement,
together with the attendant utilities and sanitary facilities, as
well as all electrical, heating, ventilating, air-conditioning and
other service equipment:
(2)
Or:
(i)
Be floodproofed so that below Elevation 12 the
structure is watertight with walls substantially impermeable to the
passage of water;
(ii)
Have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy; and
(iii)
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in Subsection 19-10.1.3o.
4.
The Borough of Point Pleasant Beach shall utilize high water elevations
from flood events, groundwater flooding areas, studies by federal
or state agencies, or other information deemed appropriate by the
Borough of Point Pleasant Beach. Other best available information
may not be used, which results in less restrictive flood elevations,
design standards, or smaller flood hazard areas than the sources described
in 19-10.1.2b1 and 2, above. This information shall be used for floodplain
regulation purposes only.
5.
State regulated flood hazard areas. For state regulated waters, the NJ Department of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and the space above that land, which lies below the "Flood Hazard Area Control Act design flood elevation," as defined in Subsection 19-10.2, and as described in the New Jersey Flood Hazard Area Control Act at N.J.A.C. 7:13. A FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the special flood hazard areas (SFHAs) as identified by FEMA.
c.
Establishing the local design flood elevation (LDFE). The local design flood elevation (LDFE) is established in the flood hazard areas determined in Subsection 19-10.1.2b, 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 this section. At a minimum, the local design flood elevation shall be as follows:
1.
For a delineated watercourse, the elevation associated with the best available flood hazard data area determined in Subsection 19-10.1.2b, above, plus three feet or as described by N.J.A.C. 7:13 of freeboard, whichever is more; or
2.
For any undelineated watercourse (where mapping or studies described in Subsection 19-10.1.2b1 and 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:
(a)
A copy of an unexpired NJDEP flood hazard area verification,
plus additional three feet of freeboard to comply with this section;
or
(b)
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) which includes three feet of freeboard and is sealed and submitted according to Subsection 19-10.1.5b and c.
3.
AO Zones. Except as designated in Subsection 19-10.1.2b3, 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 three feet of freeboard. If no depth number is specified, the local design flood elevation is three feet above the highest adjacent grade.
4.
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.
5.
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.
6.
Flood hazard protection areas. The local design flood elevation for
areas designated on FEMA FIRM maps as AO, X, and Shaded X Zones determined
using the best available flood hazard data area shall be the higher
of 12 feet NAVD88 or the elevation established for any adjacent V
or A Zone established by the Flood Hazard Area Control Act (N.J.A.C.
7:13) regulations promulgated after the date of this section.
[Amended 4-20-2021 by Ord. No. 2021-13]
a.
Floodplain Administrator designation. The Construction Code Official
is designated the Floodplain Administrator. The Floodplain Administrator
shall have the authority to delegate performance of certain duties
to other employees and/or consultants.
b.
General. The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Subsection 19-10.1.7 of these regulations.
c.
Coordination. The Floodplain Administrator shall coordinate with
the Construction Official to administer and enforce the flood provisions
of the Uniform Construction Code.
d.
Duties. The duties of the Floodplain Administrator shall include
but are not limited to:
1.
Review all permit applications to determine whether proposed development is located in flood hazard areas established in Subsection 19-10.1.2 of these regulations.
2.
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.
3.
Interpret flood hazard area boundaries and provide available flood
elevation and flood hazard information.
4.
Determine whether additional flood hazard data shall be obtained
or developed.
5.
Review required certifications and documentation specified by these
regulations and the building code to determine that such certifications
and documentations are complete.
6.
Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Subsection 19-10.1.3n of these regulations.
7.
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.
8.
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 Subsection 19-10.1.7 of these regulations.
9.
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.
10.
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).
11.
Inspect development in accordance with Subsection 19-10.1.6 of these regulations and inspect flood hazard areas to determine if development is undertaken without issuance of permits.
12.
Prepare comments and recommendations for consideration when applicants seek variances in accordance with Subsection 19-10.1.7 of these regulations.
14.
Notify the Federal Emergency Management Agency when the corporate
boundaries of the Borough of Point Pleasant Beach have been modified.
15.
Permit ordinary maintenance and minor work in the regulated areas discussed in Subsection 19-10.1.2b.
e.
Use of changed technical data. The Floodplain Administrator and the
applicant shall not use changed flood hazard area boundaries or base
flood elevations for proposed buildings or developments unless the
Floodplain Administrator or applicant has applied for a conditional
letter of map revision (CLOMR) to the Flood Insurance Rate Map (FIRM)
revision and has received the approval of the Federal Emergency Management
Agency. A revision of the effective FIRM does not remove the related
feature(s) on a flood hazard area delineation that has been promulgated
by the NJDEP. A separate application must be made to the state pursuant
to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation,
flood hazard area limit, floodway limit, and/or other related feature.
f.
Other permits. It shall be the responsibility of the Floodplain Administrator
to assure that approval of a proposed development shall not be given
until proof that necessary permits have been granted by federal or
state agencies having jurisdiction over such development, including
Section 404 of the Clean Water Act.[1] In the event of conflicting permit requirements, the Floodplain
Administrator must ensure that the most restrictive floodplain management
standards are reflected in permit approvals.
[1]
Editor's Note: See 33 U.S.C.A. § 1344.
g.
Determination of local design flood elevations.
1.
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.
2.
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 Subsection 19-10.1.2b and c respectively. This information shall be provided to the Construction Official and documented according to Subsection 19-10.1.3o.
h.
Requirement to submit new technical data. Base flood elevations may
increase or decrease resulting from natural changes (e.g., erosion,
accretion, channel migration, subsidence, uplift) or man-made physical
changes (e.g., dredging, filling, excavation) affecting flooding conditions.
As soon as practicable, but not later than six months after the date
of a man-made change or when information about a natural change becomes
available, the Floodplain Administrator shall notify the Federal Insurance
Administrator of the changes by submitting technical or scientific
data in accordance with 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.
i.
Activities in riverine flood hazard areas. In riverine flood hazard
areas where design flood elevations are specified but floodways have
not been designated, the Floodplain Administrator shall not permit
any new construction, substantial improvement or other development,
including the placement of fill, unless the applicant submits an engineering
analysis prepared by a licensed professional engineer that demonstrates
that the cumulative effect of the proposed development, when combined
with all other existing and anticipated flood hazard area encroachment,
will not increase the design flood elevation more than 0.2 feet at
any point within the community.
j.
Floodway encroachment. The Floodplain Administrator and/or Floodplain
Manager shall require the applicant, developer, property owner and/or
their professionals to submit any and all documentation necessary,
including, but not limited to, 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, for any floodway encroachment, including fill,
new construction, substantial improvements and other development or
land-disturbing activity, prior to the review and/or issuance of a
permit.
1.
Floodway revisions. A floodway encroachment that increases the level
of the base flood is authorized if the applicant, developer and/or
property owner has applied for a conditional letter of map revision
(CLOMR) to the Flood Insurance Rate Map (FIRM) and has received the
approval of FEMA. It shall be the responsibility of the applicant,
developer and/or property owner to apply for a CLOMR when applicable
for permit approval and/or a certificate of occupancy.
k.
Watercourse alteration. Prior to issuing a permit for any alteration
or relocation of any watercourse, the Floodplain Administrator shall
require the applicant to provide notification of the proposal to the
appropriate authorities of all adjacent government jurisdictions,
as well as the NJDEP Bureau of Flood Engineering and the Division
of Land Resource Protection. A copy of the notification shall be maintained
in the permit records and submitted to FEMA.
1.
Engineering analysis. The Floodplain Administrator shall require
submission of an engineering analysis prepared by a licensed professional
engineer, demonstrating that the flood-carrying capacity of the altered
or relocated portion of the watercourse will be maintained, neither
increased nor decreased. Such watercourses shall be maintained in
a manner that preserves the channel's flood-carrying capacity.
l.
Alterations in coastal areas. The excavation or alteration of sand
dunes is governed by the New Jersey Coastal Zone Management (CZM)
Rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit
for any alteration of sand dunes in coastal high hazard areas and
Coastal A Zones, the Floodplain Administrator shall require that a
New Jersey CZM permit be obtained and included in the flood damage
prevention permit application. The applicant shall also provide documentation
of any engineering analysis, prepared by a licensed professional engineer,
that demonstrates that the proposed alteration will not increase the
potential for flood damage.
m.
Development in riparian zones. All development in riparian zones
as described in N.J.A.C. 7:13 is prohibited by this section 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 this section. The width
of the riparian zone can range between 50 feet and 300 feet and is
determined by the attributes of the water body and designated in the
New Jersey Surface Water Quality Standards, N.J.A.C. 7:9B. The portion
of the riparian zone located outside of a regulated water is measured
landward from the top of bank. Applicants can request a verification
of the riparian zone limits or a permit applicability determination
to determine state permit requirements under N.J.A.C. 7:13 from the
NJDEP Division of Land Resource Protection.
n.
Substantial improvement and substantial damage determinations. When
buildings and structures are damaged due to any cause, including,
but not limited to, man-made, structural, electrical, mechanical,
or natural hazard events, or are determined to be unsafe as described
in N.J.A.C. 5:23; and for applications for building permits to improve
buildings and structures, including alterations, movement, repair,
additions, rehabilitations, renovations, ordinary maintenance and
minor work, substantial improvements, repairs of substantial damage,
and any other improvement of or work on such buildings and structures,
the Floodplain Administrator, in coordination with the Construction
Official, shall:
1.
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.
2.
Determine and include the costs of all ordinary maintenance and minor work, as discussed in Subsection 19-10.1.2b, performed in the floodplain regulated by this section in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.
3.
Compare the cost to perform the improvement, the cost to repair the
damaged building to its predamaged condition, or the combined costs
of improvements and repairs, where applicable, to the market value
of the building or structure.
4.
Determine and document whether the proposed work constitutes substantial
improvement or repair of substantial damage. This determination requires
the evaluation of all permits for improvements and repairs issued:
1) prior to the date of the permit application; and 2) after the date
of this section; and 3) within the last five years before the application.
In the alternative, this determination requires a substantial damage
determination as specified in the definition of "substantial improvement."
5.
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, in writing,
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.
o.
Department records. In addition to the requirements of the building
code and these regulations, and regardless of any limitation on the
period required for retention of public records, the Floodplain Administrator
shall maintain and permanently keep and make available for public
inspection all records that are necessary for the administration of
these regulations and the flood provisions of the Uniform Construction
Code, including Flood Insurance Studies, Flood Insurance Rate Maps;
documents from FEMA that amend or revise FIRMs; NJDEP delineations,
records of issuance of permits and denial of permits; records of ordinary
maintenance and minor work, determinations of whether proposed work
constitutes substantial improvement or repair of substantial damage;
required certifications and documentation specified by the Uniform
Construction Code and these regulations including as-built elevation
certificates; notifications to adjacent communities, FEMA, and the
state related to alterations of watercourses; assurance that the flood-carrying
capacity of altered waterways will be maintained; documentation related
to variances, including justification for issuance or denial; and
records of enforcement actions taken pursuant to these regulations
and the flood-resistant provisions of the Uniform Construction Code.
The Floodplain Administrator shall also record the required elevation,
determination method, and base flood elevation source used to determine
the local design flood elevation in the floodplain development permit.
p.
Liability. The Floodplain Administrator and any employee charged
with the enforcement of these regulations, while acting for the jurisdiction
in good faith and without malice in the discharge of the duties required
by these regulations or other pertinent law or ordinance, shall not
thereby be rendered liable personally and is hereby relieved from
personal liability for any damage accruing to persons or property
as a result of any act or by reason of an act or omission in the discharge
of official duties. Any suit instituted against an officer or employee
because of an act performed by that officer or employee in the lawful
discharge of duties and under the provisions of these regulations
shall be defended by a 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.
[Amended 4-20-2021 by Ord. No. 2021-13]
a.
Permits required. Any person, owner or authorized agent who intends
to conduct any development in a flood hazard area shall first make
application to the Floodplain Administrator and shall obtain the required
permit. Depending on the nature and extent of proposed development
that includes a building or structure, the Floodplain Administrator
may determine that a floodplain development permit or approval is
required in addition to a building permit.
b.
Application for permit. The applicant shall file an application,
in writing, on a form furnished by the Floodplain Administrator. Such
application shall:
1.
Identify and describe the development to be covered by the permit.
2.
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 definitely locate the site.
3.
Indicate the use and occupancy for which the proposed development
is intended.
4.
Be accompanied by a site plan and construction documents as specified in Subsection 19-10.1.5 of these regulations, grading and filling plans and other information deemed appropriate by the Floodplain Administrator.
5.
State the valuation of the proposed work, including the valuation
of ordinary maintenance and minor work.
6.
Be signed by the applicant or the applicant's authorized agent.
c.
Validity of permit. The issuance of a permit under these regulations
or the Uniform Construction Code shall not be construed to be a permit
for, or approval of, any violation of 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.
d.
Expiration. A permit shall become invalid when the proposed development
is not commenced within 180 days after its issuance, or when the work
authorized is suspended or abandoned for a period of 180 days after
the work commences. Extensions shall be requested, in writing, and
justifiable cause demonstrated. The Floodplain Administrator is authorized
to grant, in writing, one or more extensions of time, for periods
not more than 180 days each.
e.
Suspension or revocation. The Floodplain Administrator is authorized
to suspend or revoke a permit issued under these regulations wherever
the permit is issued in error or on the basis of incorrect, inaccurate
or incomplete information, or in violation of any ordinance or code
of this jurisdiction.
f.
Permit fees. 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. 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.
[Amended 4-20-2021 by Ord. No. 2021-13]
a.
Information for development in flood hazard areas.
1.
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 Subsection 19-10.1.5b.
(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 Subsection 19-10.1.5b1c 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.
2.
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.
b.
Information in flood hazard areas without base flood elevations (approximate
Zone A).
1.
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.
2.
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.
c.
Analyses and certifications by a licensed professional engineer.
As applicable to the location and nature of the proposed development
activity, and in addition to the requirements of this section, the
applicant shall have the following analyses signed and sealed by a
licensed professional engineer for submission with the site plan and
construction documents:
1.
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 Subsection 19-10.1.5d of these regulations and shall submit the conditional letter of map revision, if issued by FEMA, with the site plan and construction documents.
2.
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.
3.
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 Subsection 19-10.1.5d 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.
4.
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.
5.
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).
d.
Submission of additional data. When additional hydrologic, hydraulic
or other engineering data, studies, and additional analyses are submitted
to support an application, the applicant has the right to seek a letter
of map change (LOMC) from FEMA to change the base flood elevations,
change floodway boundaries, or change boundaries of flood hazard areas
shown on FIRMs, and to submit such data to FEMA for such purposes.
The analyses shall be prepared by a licensed professional engineer
in a format required by FEMA. Submittal requirements and processing
fees shall be the responsibility of the applicant.
[Amended 4-20-2021 by Ord. No. 2021-13]
a.
General. Development for which a permit is required shall be subject
to inspection. Approval as a result of an inspection shall not be
construed to be an approval of a violation of the provisions of these
regulations or the building code. Inspections presuming to give authority
to violate or cancel the provisions of these regulations or the building
code or other ordinances shall not be valid.
b.
Inspections of development. The Floodplain Administrator shall inspect
all development in flood hazard areas authorized by issuance of permits
under these regulations. The Floodplain Administrator shall inspect
flood hazard areas from time to time to determine if development is
undertaken without issuance of a permit.
c.
Buildings and structures. The Construction Official shall make, or
cause to be made, inspections for buildings and structures in flood
hazard areas authorized by permit in accordance with the Uniform Construction
Code, N.J.A.C. 5:23.
1.
Lowest floor elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in Subsection 19-10.8b shall be submitted to the Construction Official on an elevation certificate.
2.
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 Subsection 19-10.8b shall be submitted to the Construction Official on an elevation certificate.
d.
Manufactured homes. The Floodplain Administrator shall inspect manufactured
homes that are installed or replaced in flood hazard areas to determine
compliance with the requirements of these regulations and the conditions
of the issued permit. Upon placement of a manufactured home, certification
of the elevation of the lowest floor shall be submitted on an elevation
certificate to the Floodplain Administrator prior to the final inspection.
[Amended 4-20-2021 by Ord. No. 2021-13]
a.
General. Either the Planning Board or the Zoning Board of Adjustments shall hear and decide requests for variances. The determination of whether an applicant or application is to appear before either the Planning Board or the Zoning Board of Adjustments shall be determined by the Board Secretary, based on the type of application, other relief that is being requested, prior appearances before the board and merits of the application, as authorized under the Municipal Land Use Law (MLUL). Both the Planning Board and the Zoning Board of Adjustments shall base its determination on technical justifications submitted by applicants, the considerations for issuance in Subsection 19-10.1.7e, the conditions of issuance set forth in Subsection 19-10.1.7f, and any comments and/or recommendations provided by the Floodplain Administrator, the Floodplain Manager and/or the Construction Official, as applicable. Both the Planning Board and the Zoning Board of Adjustments has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.
b.
Historic structures. A variance to the substantial improvement requirements
of this section 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 this
section, and the variance is the minimum necessary to preserve the
historic character and design of the structure.
c.
Functionally dependent uses. A variance is authorized to be issued
for the construction or substantial improvement necessary for the
conduct of a functionally dependent use provided the variance is the
minimum necessary to allow the construction or substantial improvement,
and that all due consideration has been given to use of methods and
materials that minimize flood damage during the base flood and create
no additional threats to public safety.
d.
Restrictions in floodways. A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in Subsection 19-10.1.5c1 of these regulations.
e.
Considerations. In reviewing requests for variances, all technical
evaluations, all relevant factors, all other portions of these regulations,
and the following shall be considered:
1.
The danger that materials and debris may be swept onto other lands
resulting in further injury or damage.
2.
The danger to life and property due to flooding or erosion damage.
3.
The susceptibility of the proposed development, including contents,
to flood damage and the effect of such damage on current and future
owners.
4.
The importance of the services provided by the proposed development
to the community.
5.
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.
6.
The compatibility of the proposed development with existing and anticipated
development.
7.
The relationship of the proposed development to the comprehensive
plan and floodplain management program for that area.
8.
The safety of access to the property in times of flood for ordinary
and emergency vehicles.
9.
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.
10.
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.
f.
Conditions for issuance. Variances shall only be issued upon:
1.
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.
2.
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.
3.
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.
4.
A determination that the variance is the minimum necessary, considering
the flood hazard, to afford relief.
5.
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.
[Amended 4-20-2021 by Ord. No. 2021-13]
a.
Violations. Any development in any flood hazard area that is being
performed without an issued permit or that is in conflict with an
issued permit shall be deemed a violation. A building or structure
without the documentation of elevation of the lowest floor, the lowest
horizontal structural member if in a V or Coastal A Zone, other required
design certifications, or other evidence of compliance required by
the building code is presumed to be a violation until such time as
that documentation is provided.
b.
Authority. The Floodplain Administrator is authorized to serve notices
of violation or stop-work orders to owners of property involved, to
the owner's agent, or to the person or persons doing the work for
development that is not within the scope of the Uniform Construction
Code, but is regulated by these regulations and that is determined
to be a violation.
c.
Unlawful continuance. Any person who shall continue any work after
having been served with a notice of violation or a stop-work order,
except such work as that person is directed to perform to remove or
remedy a violation or unsafe condition, shall be subject to penalties
as prescribed by N.J.S.A. 40:49-5 as appropriate.
d.
Review period to correct violations. A thirty-day period shall be
given to the property owner as an opportunity to cure or abate the
condition. The property owner shall also be afforded an opportunity
for a hearing before the Municipal Court of the Borough of Point Pleasant
Beach for an independent determination concerning the violation. Subsequent
to the expiration of the thirty-day period, a fine greater than $2,000
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.
[Amended 4-20-2021 by Ord. No. 2021-13]
a.
General. 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.
b.
100-YEAR FLOOD ELEVATION
500-YEAR FLOOD ELEVATION
A ZONES
ACCESSORY STRUCTURE
AGRICULTURAL STRUCTURE
AH ZONES
ALTERATION OF A WATERCOURSE
AO ZONES
AREA OF SHALLOW FLOODING
AREA OF SPECIAL FLOOD HAZARD
ASCE 24
ASCE 7
BASE FLOOD ELEVATION (BFE)
BASEMENT
BEST AVAILABLE FLOOD HAZARD DATA
BEST AVAILABLE FLOOD HAZARD DATA AREA
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION
BREAKAWAY WALLS
BUILDING
COASTAL A ZONE
COASTAL HIGH HAZARD AREA
CONDITIONAL LETTER OF MAP REVISION
CONDITIONAL LETTER OF MAP REVISION - FILL
CRITICAL BUILDING
1.
2.
DEEP FOUNDATIONS
DEVELOPMENT
DRY FLOODPROOFING
ELEVATED BUILDING
ELEVATION CERTIFICATE
ENCROACHMENT
FEMA PUBLICATIONS
FLOOD HAZARD AREA DESIGN FLOOD ELEVATION
FLOOD HAZARD PROTECTION AREA (FHPA)
FLOOD INSURANCE RATE MAP (FIRM)
FLOOD INSURANCE STUDY (FIS)
FLOOD or FLOODING
1.
(a)
(b)
(c)
2.
FLOODPLAIN MANAGEMENT REGULATIONS
FLOODPLAIN or FLOOD PRONE AREA
FLOODPROOFING
FLOODPROOFING CERTIFICATE
FLOODWAY
FREEBOARD
FUNCTIONALLY DEPENDENT USE
HABITABLE BUILDING
HARDSHIP
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
1.
2.
3.
4.
LAWFULLY EXISTING
1.
2.
LETTER OF MAP AMENDMENT
LETTER OF MAP CHANGE
LETTER OF MAP REVISION
LETTER OF MAP REVISION - FILL
LICENSED DESIGN PROFESSIONAL
LICENSED PROFESSIONAL ENGINEER
LIMIT OF MODERATE WAVE ACTION (LiMWA)
LOCAL DESIGN FLOOD ELEVATION (LDFE)
LOWEST ADJACENT GRADE
LOWEST FLOOR
LOWEST HORIZONTAL STRUCTURAL MEMBER
MANUFACTURED HOME
MANUFACTURED HOME PARK OR SUBDIVISION
MARKET VALUE
NEW CONSTRUCTION
NONRESIDENTIAL
ORDINARY MAINTENANCE AND MINOR WORK
RECREATIONAL VEHICLE
RESIDENTIAL
1.
2.
3.
SHADED X ZONES
SOLID WASTE DISPOSAL
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
1.
2.
STRUCTURE
SUBSTANTIAL DAMAGE
SUBSTANTIAL IMPROVEMENT
1.
2.
THIRTY-DAY PERIOD
UTILITY AND MISCELLANEOUS GROUP U BUILDINGS AND STRUCTURES
V ZONE CERTIFICATE
V ZONES
VARIANCE
VIOLATION
WATER SURFACE ELEVATION
WATERCOURSE
WET FLOODPROOFING
X ZONES
Definitions.
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.
Elevation of flooding having a 0.2% annual chance of being
equaled or exceeded in a given year.
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 this section, A Zones
are not inclusive of Coastal A Zones because of the higher building
code requirements for Coastal A Zones.
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.
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).
Areas subject to inundation by 1% annual chance shallow flooding
(usually areas of ponding) where average depths are between one foot
and three feet. Base flood elevations (BFEs) derived from detailed
hydraulic analyses are shown in this zone.
A dam, impoundment, channel relocation, change in channel
alignment, channelization, or change in cross-sectional area of the
channel or the channel capacity, or any other form of modification
which may alter, impede, retard or change the direction and/or velocity
of the riverine flow of water during conditions of the base flood.
Areas subject to inundation by 1% annual chance shallow flooding
(usually sheet flow on sloping terrain) where average depths are between
one foot and three feet.
A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's
Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance
of flooding to an average depth of one foot to three feet where a
clearly defined channel does not exist, where the path of flooding
is unpredictable, and where velocity flow may be evident. Such flooding
is characterized by ponding or sheet flow.
See "special flood hazard area."
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].
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.
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."
Any area of the building having its floor subgrade (below
ground level) on all sides.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Per the FHACA, "critical building" means that:
It is essential to maintaining continuity of vital government
operations and/or supporting emergency response, sheltering, and medical
care functions before, during, and after a flood, such as a hospital,
medical clinic, police station, fire station, emergency response center,
or public shelter; or
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.
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.
Any man-made change to improved or unimproved real estate,
including, but not limited to, buildings or other structures, tanks,
temporary structures, temporary or permanent storage of materials,
mining, dredging, filling, grading, paving, excavations, drilling
operations and other land-disturbing activities.
A combination of measures that results in a nonresidential
structure, including the attendant utilities and equipment as described
in the latest version of ASCE 24, being watertight with all elements
substantially impermeable and with structural components having the
capacity to resist flood loads.
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.
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).
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.
Any publication authored or referenced by FEMA related to
building science, building safety, or floodplain management related
to the National Flood Insurance Program. Publications shall include,
but are not limited to, technical bulletins, desk references, and
American Society of Civil Engineers Standards documents, including
ASCE 24.
Per the FHACA, the peak water surface elevation that will
occur in a water during the flood hazard area design flood. This elevation
is determined via available flood mapping adopted by the state, flood
mapping published by FEMA (including effective flood mapping dated
on or after January 31, 1980, or any more recent advisory, preliminary,
or pending flood mapping; whichever results in higher flood elevations,
wider floodway limits, greater flow rates, or indicates a change from
an A Zone to a V Zone or Coastal A Zone), approximation, or calculation
pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-3.1
through 7:13-3.6 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.
An area requiring higher construction standards because of
the erodibility of the underlying soil characteristics and the vulnerability
of structures in these areas to erosion and scour if dunes and/or
flood protection infrastructure seaward of these areas are breached.
These areas are established pursuant to ASCE 24-14 1.3.2 and the commentary
discussed in these standards in C4.1.1, an analysis of underlying
soil characteristics, and an evaluation of existing natural and man-made
flood protection infrastructure. A predicted sea level rise of two
feet by 2050 will adversely affect construction in areas subject to
erosion as storm surges and wave velocities affect more structures
further inland from the current shoreline. The increased foundation
costs for constructing to higher standards in these areas will be
offset by lower flood damages and mitigation costs over the expected
life of the structure. These areas are legally established through
the Flood Damage Prevention Ordinance adoption process and described
in the ordinance. These areas will also be established as part of
the Master Plan for consideration by the Planning Board and/or the
Zoning Board of Adjustment prior to either board's approval of new
development projects.
The official map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards and the risk
premium zones applicable to the community.
The official report in which the Federal Insurance Administration
has provided flood profiles, as well as the Flood Insurance Rate Map(s)
and the water surface elevation of the base flood.
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
The overflow of inland or tidal waters.
The unusual and rapid accumulation or runoff of surface waters
from any source.
Mudslides (i.e., mudflows) which are proximately caused by flooding
as defined in Subsection 1(b) of this definition and are akin to a
river or liquid and flowing mud on the surfaces of normally dry land
areas, as when earth is carried by a current of water and deposited
along the path of the current.
The collapse or subsidence of land along the shore of a lake
or other body of water as a result of erosion or undermining caused
by waves or currents of water exceeding anticipated cyclical levels
or suddenly caused by an unusually high water level in a natural body
of water, accompanied by a severe storm, or by an unanticipated force
of nature, such as flash flood or an abnormal tidal surge, or by some
similarly unusual and unforeseeable event which results in flooding
as defined in Subsection 1(a) of this definition.
Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as a floodplain
ordinance, grading ordinance, and erosion control ordinance) and other
applications of police power. The term describes such state or local
regulations, in any combination thereof, which provide standards for
the purpose of flood damage prevention and reduction.
Any land area susceptible to being inundated by water from
any source. See "flood or flooding."
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.
Certification by a licensed design professional that the
design and methods of construction for floodproofing a nonresidential
structure are in accordance with accepted standards of practice to
a proposed height above the structure's lowest adjacent grade that
meets or exceeds the local design flood elevation. A completed floodproofing
certificate is required at permit application.
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.
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.
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.
Pursuant to the FHACA Rules (N.J.A.C. 7:13), means a building
that is intended for regular human occupation and/or residence. Examples
of a habitable building include a single-family home, duplex, multiresidence
building, or critical building; a commercial building, such as a retail
store, restaurant, office building, or gymnasium; an accessory structure
that is regularly occupied, such as a garage, barn, or workshop; mobile
and manufactured homes, and trailers intended for human residence,
which are set on a foundation and/or connected to utilities, such
as in a mobile home park (not including campers and recreational vehicles);
and any other building that is regularly occupied, such as a house
of worship, community center, or meeting hall, or animal shelter that
includes regular human access and occupation. Examples of a nonhabitable
building include a bus stop shelter, utility building, storage shed,
self-storage unit, construction trailer, or an individual shelter
for animals such as a doghouse or outdoor kennel.
As related to Subsection 19-10-1.7 of this section, meaning
the exceptional hardship that would result from a failure to grant
the requested variance. The governing body 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.
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places
(a listing maintained by the Department of Interior) or preliminarily
determined by the Secretary of the Interior as meeting the requirements
for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the
Interior as contributing to the historical significance of a registered
historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
Individually listed on a state inventory of historic places
in states with historic preservation programs which have been approved
by the Secretary of the Interior; or
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
Per the FHACA, means an existing fill, structure and/or use,
which meets all federal, state, and local laws, and which is not in
violation of the FHACA because it was established:
Prior to January 31, 1980; or
On or after January 31, 1980, in accordance with the requirements
of the FHACA as it existed at the time the fill, structure and/or
use was established.
|
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 this section to clarify the applicability of any more stringent
statewide floodplain management standards required under the FHACA.
|
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.
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.
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.
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 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.
A licensed professional engineer shall refer to individuals
licensed by the New Jersey State Board of Professional Engineers and
Land Surveyors.
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.
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.
The lowest point of ground, patio, or sidewalk slab immediately
next a structure, except in AO Zones where it is the natural grade
elevation.
In A Zones, the lowest floor is the top surface of the lowest
floor of the lowest enclosed area (including basement). In V Zones
and Coastal A Zones, the bottom of the lowest horizontal structural
member of a building is the lowest floor. An unfinished or flood-resistant
enclosure, usable solely for the parking of vehicles, building access
or storage in an area other than a basement, is not considered a building's
lowest floor, provided that such enclosure is not built so as to render
the structure in violation of other applicable nonelevation design
requirements of these regulations.
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.
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.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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.
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.
Pursuant to ASCE 24, any building or structure or portion
thereof that is not classified as residential.
This term refers to types of work excluded from construction
permitting under N.J.A.C. 5:23 in the March 5, 2018, New Jersey Register.
Some of these types of work must be considered in determinations of
substantial improvement and substantial damage in regulated floodplains
under 44 CFR 59.1. These types of work include, but are not limited
to, replacements of roofing, siding, interior finishes, kitchen cabinets,
plumbing fixtures and piping, HVAC and air-conditioning equipment,
exhaust fans, built-in appliances, electrical wiring, etc. Improvements
necessary to correct existing violations of state or local health,
sanitation, or code enforcement officials which are the minimum necessary
to assure safe living conditions and improvements of historic structures
as discussed in 44 CFR 59.1 shall not be included in the determination
of ordinary maintenance and minor work.
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.
Pursuant to the ASCE 24:
Buildings and structures and portions thereof where people live
or that are used for sleeping purposes on a transient or nontransient
basis;
Structures, including, but not limited to, one- and two-family
dwellings, townhouses, condominiums, multifamily dwellings, apartments,
congregate residences, boardinghouses, lodging houses, rooming houses,
hotels, motels, apartment buildings, convents, monasteries, dormitories,
fraternity houses, sorority houses, vacation time-share properties;
and
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.
Shaded X Zones are areas of moderate flood hazard that designate
the areas between the limits of the base flood and the 0.2% annual
chance (or 500-year) flood. These zones may be designated as part
of a flood hazard protection area by a municipality if located in
an area with erodible soils vulnerable to erosion and scour.
The storage, treatment, utilization, processing or final
disposition of solid waste as described in N.J.A.C. 7:26-1.6 or the
storage of unsecured materials as described in N.J.A.C. 7:13-2.3 for
a period of greater than six months as specified in N.J.A.C. 7:26
which have been discharged, deposited, injected, dumped, spilled,
leaked, or placed into any land or water such that such solid waste
may enter the environment or be emitted into the air or discharged
into any waters, including groundwaters.
The greater of the following: 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, V1-30, 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."
The start of construction is as follows:
For other than new construction or substantial improvements,
under the Coastal Barrier Resources Act (CBRA),[1] this is the date the building permit was issued, provided
that the actual start of construction, repair, rehabilitation, addition,
placement or other improvement was within 180 days of the permit date.
The actual start means either the first placement of permanent construction
of a building on site, such as the pouring of a slab or footing, the
installation of piles, the construction of columns or any work beyond
the stage of excavation; or the placement of a manufactured (mobile)
home on a foundation. For a substantial improvement, actual start
of construction means the first alteration of any wall, ceiling, floor,
or other structural part of a building, whether or not that alteration
affects the external dimensions of the building.
For the purposes of determining whether proposed construction
must meet new requirements when National Flood Insurance Program (NFIP)
maps are issued or revised and base flood elevations (BFEs) increase
or zones change, the start of construction includes substantial improvement,
and means the date the building permit was issued, provided the actual
start of construction, repair, reconstruction, rehabilitation, addition
placement, or other improvement was within 180 days of the permit
date. The actual start means either the first placement of permanent
construction of a structure on a site, such as the pouring of slab
or footings, the installation of piles, the construction of columns,
or any work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction does not
include land preparation, such as clearing, grading, and filling,
nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages or sheds not
occupied as dwelling units or not part of the main structure. Such
development must also be permitted and must meet new requirements
when National Flood Insurance Program (NFIP) maps are issued or revised
and base flood elevations (BFEs) increase or zones change. For a substantial
improvement, the actual start of construction means the first alteration
of any wall, ceiling, floor, or other structural part of a building,
whether or not that alteration affects the external dimensions of
the building. For determining if new construction and substantial
improvements within the Coastal Barrier Resources System (CBRS) can
obtain flood insurance, a different definition applies.
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally aboveground.
Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would
equal or exceed 50% of the market value of the structure before the
damage occurred.
Any combination of reconstruction, rehabilitation, addition,
or other improvement, including those considered ordinary maintenance
and minor work of a structure taking place over a five-year period,
the cumulative cost of which equals or exceeds 50% of the market value
of the structure before the start of construction of the improvement.
The period of accumulation includes the first improvement or repair
of each structure that is permanent subsequent to the effective date
of this section (April 20, 2021). This term includes structures which
have incurred substantial damage, regardless of the actual repair
work performed. The term does not, however, include either:
Any project for improvement of a structure to correct existing
violations of state or local health, sanitary or safety code specifications
which have been identified by the local code enforcement officer and
which are the minimum necessary to assure safe living conditions;
or
Any alteration of an historic structure, provided that the alteration
will not preclude the structure's continued designation as an historic
structure.
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 this
section has been issued.
Buildings and structures of an accessory character and miscellaneous
structures not classified in any special occupancy, as described in
ASCE 24.
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.
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."
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.
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 this section is presumed
to be in violation until such time as that documentation is provided.
The height, in relation to the North American Vertical Datum
(NAVD) of 1988, (or other datum, where specified) of floods of various
magnitudes and frequencies in the floodplains of coastal or riverine
areas.
A river, creek, stream, channel, or other topographic feature
in, on, through, or over which water flows at least periodically.
Floodproofing method that relies on the use of flood-damage-resistant
materials and construction techniques in areas of a structure that
are below the local design flood elevation by intentionally allowing
them to flood. The application of wet floodproofing as a flood protection
technique under the National Flood Insurance Program (NFIP) is limited
to enclosures below elevated residential and nonresidential structures
and to accessory and agricultural structures that have been issued
variances by the community.
X Zones are areas of minimal flood hazard that are outside
of the special flood hazard area and are higher than the elevation
of the 0.2% annual chance (500-year) flood. These are sometimes referred
to as "unshaded X Zones." These zones may be designated as part of
a flood hazard protection area by a municipality if located in an
area with erodible soils vulnerable to erosion and scour.
[1]
Editor's Note: See 16 U.S.C.A. § 3501 et seq.
[Amended 4-20-2021 by Ord. No. 2021-13]
a.
General. Any subdivision proposal, including proposals for manufactured
home parks and subdivisions, or other proposed new development in
a flood hazard area shall be reviewed to assure that:
1.
All such proposals are consistent with the need to minimize flood
damage.
2.
All public utilities and facilities, such as sewer, gas, electric
and water systems, are located and constructed to minimize or eliminate
flood damage.
3.
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.
b.
Subdivision requirements. Where any portion of proposed subdivisions,
including manufactured home parks and subdivisions, lies within a
flood hazard area, the following shall be required:
1.
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.
2.
Residential building lots shall be provided with adequate buildable
area outside the floodway.
3.
The design criteria for utilities and facilities set forth in these
regulations and appropriate codes shall be met.
[Amended 4-20-2021 by Ord. No. 2021-13]
a.
Encroachment in floodways. Development, land disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with Subsection 19-10.1.5c1 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 Subsection 19-10.1.5c1 is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with Subsection 19-10.8b of this section and the floodway requirements of N.J.A.C. 7:13.
b.
Coastal high hazard areas (V Zones) and Coastal A Zones. In coastal
high hazard areas and Coastal A Zones:
1.
New buildings shall only be authorized landward of the reach of mean
high tide.
2.
The placement of manufactured homes shall be prohibited except in
an existing manufactured home park or subdivision.
3.
Basements or enclosures that are below grade on all sides are prohibited.
4.
The use of fill for structural support of buildings is prohibited.
c.
Sewer facilities. All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with the New Jersey septic system regulations contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into floodwaters, or impairment of the facilities and systems.
d.
Water facilities. All new and replacement water facilities shall be designed in accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of Chapter 7, ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.
e.
Storm drainage. Storm drainage shall be designed to convey the flow
of surface waters to minimize or eliminate damage to persons or property.
f.
Streets and sidewalks. Streets and sidewalks shall be designed to
minimize potential for increasing or aggravating flood levels.
g.
Limitations on placement of fill. Subject to the limitations of these
regulations, fill shall be designed to be stable under conditions
of flooding, including rapid rise and rapid drawdown of floodwater,
prolonged inundation, and protection against flood-related erosion
and scour. In addition to these requirements, when intended to support
buildings and structures (Zone A only), fill shall comply with the
requirements of the UCC (N.J.A.C. 5:23). Proposed fill and encroachments
in flood hazard areas shall comply with the flood storage displacement
limitations of N.J.A.C. 7:13.
h.
Limitations on sites in coastal high hazard areas (V Zones) and Coastal A Zones. In coastal high hazard areas and Coastal A Zones, alteration of sand dunes shall be permitted only when the engineering analysis required by Subsection 19-10.1.5c4 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 Subsection 19-10.8i3 of these regulations and as permitted under the NJ Coastal Zone Management Rules (N.J.A.C. 7:7).
i.
Hazardous materials. The placement or storage of any containers holding
hazardous substances in a flood hazard area is prohibited unless the
provisions of N.J.A.C. 7:13 which cover the placement of hazardous
substances and solid waste is met.
[Amended 4-20-2021 by Ord. No. 2021-13]
a.
General. All manufactured homes installed in flood hazard areas shall
be installed pursuant to the Nationally Preemptive Manufactured Home
Construction and Safety Standards Program (24 CFR 3280).
b.
Elevation. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in Subsection 19-10.8b.
c.
Foundations. 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.
d.
Anchoring. All new, relocated, and replacement manufactured homes
to be placed or substantially improved in a flood hazard area shall
be installed using methods and practices which minimize flood damage
and shall be securely anchored to an adequately anchored foundation
system to resist flotation, collapse and lateral movement. This requirement
is in addition to applicable state and local anchoring requirements
for resisting wind forces.
e.
Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the requirements of Subsection 19-10.8b.
f.
Protection of mechanical equipment and outside appliances. Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in Subsection 19-10.8b of these regulations.
1.
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 Subsection 19-10.8b, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).
[Amended 4-20-2021 by Ord. No. 2021-13]
a.
Placement prohibited. The placement of recreational vehicles shall
not be authorized in coastal high hazard areas and in floodways.
b.
Temporary placement. Recreational vehicles in flood hazard areas
shall be fully licensed and ready for highway use and shall be placed
on a site for less than 180 consecutive days.
[Amended 4-20-2021 by Ord. No. 2021-13]
a.
Tanks. Underground and aboveground tanks shall be designed, constructed,
installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.
[Amended 4-20-2021 by Ord. No. 2021-13]
a.
General requirements for other development and building work. All
development and building work, including man-made changes to improved
or unimproved real estate for which specific provisions are not specified
in these regulations or the Uniform Construction Code (N.J.A.C. 5:23),
shall:
1.
Be located and constructed to minimize flood damage;
2.
Meet the limitations of Subsection 19-10.1.5c1 of this section when located in a regulated floodway;
3.
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 Subsection 19-10.1.2c;
5.
Have mechanical, plumbing, and electrical systems above the local design flood elevation determined according to Subsection 19-10.1.2c 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:
6.
Not exceed the flood storage displacement limitations in fluvial
flood hazard areas in accordance with N.J.A.C. 7:13; and
7.
Not exceed the impacts to frequency or depth of off-site flooding
as required by N.J.A.C. 7:13 in floodways.
b.
Requirements for habitable buildings and structures.
1.
Construction and elevation in A Zones not including Coastal A Zones.
(a)
No portion of a building is located within a V Zone.
(b)
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.
(c)
All new construction and substantial improvement of any habitable building (as defined in Subsection 19-10.2) located in flood hazard areas shall have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in Subsection 19-10.1.2c, be in conformance with ASCE, Chapter 7, and be confirmed by an elevation certificate.
(d)
All new construction and substantial improvements of nonresidential
structures shall:
(1)
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 Subsection 19-10.1.2c, be in conformance with ASCE, Chapter 7, and be confirmed by an elevation certificate; or
(2)
Together with the attendant utility and sanitary facilities,
be designed, so that below the local design flood elevation, the structure:
(ii)
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.
(e)
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:
(1)
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;
(2)
Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is nonresidential and the requirements of Subsection 19-10.8b1(d)(2) are met;
(4)
Have openings documented on an elevation certificate; and
(5)
Have documentation that a deed restriction has been obtained
for the lot if the enclosure is greater than six feet in height. This
deed restriction shall be recorded in the office of the County Clerk
or the Registrar of Deeds and Mortgages in which the building is located,
shall conform to the requirements in N.J.A.C.7:13, and shall be recorded
within 90 days of receiving a Flood Hazard Area Control Act permit
or prior to the start of any site disturbance (including preconstruction
earth movement, removal of vegetation and structures, or construction
of the project), whichever is sooner. Deed restrictions must explain
and disclose that:
(i)
The enclosure is likely to be inundated by floodwaters
which may result in damage and/or inconvenience.
(ii)
The depth of flooding that the enclosure would
experience to the flood hazard area design flood elevation;
(iii)
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;
2.
Construction and elevation in V Zones, Coastal A Zones, and the flood
hazard protection area.
(a)
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.
(b)
All new construction and substantial improvement of any habitable building (as defined in Subsection 19-10.2) 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 Subsection 19-10.1.2c, be in conformance with ASCE Chapter 7, and be confirmed by an elevation certificate.
(c)
All new construction and substantial improvements of nonresidential
structures shall:
(1)
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 Subsection 19-10.1.2c, be in conformance with ASCE 24, Chapter 7, and be confirmed by an elevation certificate; or
(2)
Together with the attendant utility and sanitary facilities,
be designed so that below the local design flood elevation, the structure:
(ii)
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.
(d)
All new construction and substantial improvements shall have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood latticework, 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.
(e)
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:
(1)
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.
(2)
Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is nonresidential and the requirements of Subsection 19-10.8b2(c)(2) are met;
(4)
Have openings documented on an elevation certificate and have breakaway wall construction documented on a breakaway wall certificate unless the requirements of Subsection 19-10.8b2(c)(2) are met for a nonresidential structure; and
(5)
Have documentation that a deed restriction has been obtained
for the lot if the enclosure is greater than six feet in height. This
deed restriction shall be recorded in the office of the County Clerk
or the Registrar of Deeds and Mortgages in which the building is located,
shall conform to the requirements in N.J.A.C. 7:13, and shall be recorded
within 90 days of receiving a Flood Hazard Area Control Act permit
or prior to the start of any site disturbance (including preconstruction
earth movement, removal of vegetation and structures, or construction
of the project), whichever is sooner. Deed restrictions must explain
and disclose that:
(i)
The enclosure is likely to be inundated by floodwaters
which may result in damage and/or inconvenience.
(ii)
The depth of flooding that the enclosure would
experience to the flood hazard area design flood elevation.
(iii)
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.
(f)
Enclosures are prohibited for new construction or substantial
improvements; OR For new construction or substantial improvements,
enclosures shall be less than 295 square feet in size.
c.
Garages and accessory storage structures. Garages and accessory storage
structures shall be designed and constructed in accordance with the
Uniform Construction Code.
d.
Fences. Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of Subsection 19-10.1.5c1 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 Subsection 19-10.1.7 of this section.
e.
Retaining walls, sidewalks, and driveways. Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of Subsection 19-10.1.5c1 of these regulations and N.J.A.C. 7:13.
f.
Swimming pools. Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Aboveground swimming pools and below-ground swimming pools that involve placement of fill in floodways shall also meet the requirements of Subsection 19-10.1.5c1 of these regulations. Aboveground swimming pools are prohibited in floodways by N.J.A.C. 7:13.
g.
Roads and watercourse crossings.
1.
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.
2.
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 Subsection 19-10.1.5c1 of these regulations.
h.
Other development in coastal high hazard areas (Zone V) and Coastal
A Zones. 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 run-up and wave reflection that would
increase damage to adjacent buildings and structures. Such other development
activities include, but are not limited to:
1.
Bulkheads, seawalls, retaining walls, revetments, and similar erosion
control structures;
2.
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
3.
On-site filled or mound sewage systems.
i.
Nonstructural fill in coastal high hazard areas (Zone V) and Coastal
A Zones. In coastal high hazard areas and Coastal A Zones:
1.
Minor grading and the placement of minor quantities of nonstructural
fill shall be permitted for landscaping and for drainage purposes
under and around buildings.
2.
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 run-up and wave reflection
that would increase damage to adjacent buildings and structures.
3.
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 run-up 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.
[Amended 4-20-2021 by Ord. No. 2021-13]
a.
Temporary structures. Temporary structures shall be erected for a
period of less than 180 days. Temporary structures shall be anchored
to prevent flotation, collapse or lateral movement resulting from
hydrostatic loads, including the effects of buoyancy, during conditions
of the base flood. Fully enclosed temporary structures shall have
flood openings that are in accordance with ASCE 24 to allow for the
automatic entry and exit of floodwaters.
b.
Temporary storage. Temporary storage includes storage of goods and
materials for a period of less than 180 days. Stored materials shall
not include hazardous materials.
c.
Floodway encroachment. Temporary structures and temporary storage in floodways shall meet the requirements of Subsection 19-10.1.5c1 of these regulations.
[Amended 4-20-2021 by Ord. No. 2021-13]
a.
Utility and Miscellaneous Group U. In accordance with Section 312
of the International Building Code, Utility and Miscellaneous Group
U includes buildings and structures that are accessory in character
and miscellaneous structures not classified in any specific occupancy
in the Building Code, including, but not limited to, agricultural
buildings, aircraft hangars (accessory to a one- or two-family residence),
barns, carports, communication equipment structures (gross floor area
less than 1,500 square feet), fences more than six feet (1,829 mm)
high, grain silos (accessory to a residential occupancy), livestock
shelters, private garages, retaining walls, sheds, stables, tanks
and towers.
b.
Flood loads. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the local design flood elevation as determined in Subsection 19-10.1.2c.
c.
Elevation. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the local design flood elevation as determined in Subsection 19-10.1.2c and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.
d.
Enclosures below base flood elevation. Fully enclosed areas below the design flood elevation shall be constructed in accordance with Subsection 19-10.8b 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.
e.
Flood-damage-resistant materials. Flood-damage-resistant materials shall be used below the local design flood elevation determined in Subsection 19-10.1.2c.
f.
Protection of mechanical, plumbing, and electrical systems. Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to or above the local design flood elevation determined in Subsection 19-10.1.2c.
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).
a.
General. Accessory buildings and uses, except as otherwise permitted in this chapter, shall be subject to the definition of § 19-7 and the provisions of the various subsections of the section.
1.
The following regulations and § 19-9 shall apply to all proposed sheds constructed within the Borough of Point Pleasant Beach:
(a)
No shed shall exceed 120 square feet in area.
(b)
No shed shall exceed ten feet in height.
(c)
All sheds shall be located in rear of the property and behind
the rear building line.
(d)
No one wall length shall exceed 12 feet.
(f)
No shed shall be located within five feet of any other structure
on the property.
(g)
Sheds located within the Borough of Point Pleasant Beach shall
be anchored in such a manner to resist toppling from wind and flotation
from flood waters.
(h)
Sheds shall be limited to one per property.
b.
Prior Construction Prohibited. An accessory building shall not be
erected, nor shall an accessory use be permitted, prior to the construction
of the main building, or the establishment of the principal use, upon
the lot.
c.
Accessory Buildings as Part of Principal Buildings. Any accessory
building attached to a principal building shall be considered part
of the principal building, and the total structure shall adhere to
the yard requirements for the principal building regardless of the
technique of connecting the principal and accessory buildings.
d.
Distance Between Adjacent Buildings. The minimum distance between an accessory building and any other building(s) on the same lot shall be as prescribed in § 19-9.
e.
Height of Accessory Buildings. The height of accessory buildings shall be as prescribed in § 19-9.
f.
Location. An accessory building may be erected in side and rear yard areas only and shall be set back from side and rear lot lines as prescribed in § 19-9, except that if erected on a corner lot, the accessory building shall be set back from the side street to comply with the setback line applying to the principal building for that side street.
g.
Residence Prohibited. No accessory building shall be used or occupied
for residence purposes.
h.
Advertising. A display of products or services rendered, signboard
or advertising sign of any nature shall in no case be permitted as
an accessory use, or part thereof. Any such signs, advertising, etc.,
which are permitted, shall conform with all requirements and regulations
of any present and/or subsequent ordinances of the Borough of Point
Pleasant Beach, regulating the use of signs.
i.
Shed Permits and Other Requirements. A permit shall be required to erect a shed or similar structure, accessory to buildings of use group R-2, R-3 or R-4 in accordance with § 19-9 and Subsection 19-11.1 of the Point Pleasant Beach Development ordinances. The fee for said permit shall be fifty ($50.00) dollars and shall be obtained through the Zoning Officer.
1.
Accessory sheds proposed for buildings of other than Use Groups R-2,
R-3 and R-4 require a zoning permit and a Uniform Construction Code
permit from the Construction Official.
a.
In any apartment, townhouse or single-family residential development,
an association may be established for the purpose of owning and maintaining
common lands and facilities including conservation, open space, flood
plain, recreation and park areas and other lands which would otherwise
be dedicated to the Borough, according to the following provisions:
1.
Membership in any created association by all dwelling unit owners
shall be mandatory. Such required membership in any created association
and the responsibilities upon the members shall be in writing between
the association and the individual in the form of a covenant with
each member agreeing to his liability for his pro rata share of the
association's costs and providing that the Borough shall be a party
beneficiary to such covenant entitled to enforce its provisions.
2.
Executed deeds shall be tendered to the Borough simultaneously with
the granting of site plan or final subdivision approval, stating that
the prescribed use(s) of the lands in the common ownership shall be
absolute and not subject to reversion for possible future development.
3.
The association shall be responsible for liability insurance, local
taxes, maintenance of land and any facilities that may be erected
on any land deeded to the association and shall hold the Borough harmless
from any liability.
4.
The assessment levied by the association shall become a lien on the
private properties in the development. The duly created association
shall be allowed to adjust the assessment to meet changing needs,
and any deeded lands may be sold, donated or in any other way conveyed
to the Borough for public purposes only.
5.
The association initially created by the developer shall clearly
describe in its bylaws the rights and obligations of any dwelling
unit owner and tenant in the development, along with the covenant
and model deeds and the articles of incorporation of the association
prior to the granting of approval by the Borough.
6.
Part of the development proposals submitted to and approved by the
Borough shall be provisions to insure that control of the association
will be transferred to the individual dwelling unit owners in the
development based on a percentage of the dwelling units sold and/or
occupied, together with assurances in the bylaws that the association
shall have the maintenance responsibilities for all lands to which
they hold title.
b.
No certificate of occupancy shall be issued for any building or part
thereof until all streets, drainage, parking facilities and water
and sewer facilities servicing the structure are properly completed
and functioning.
Within any district allowing apartments no dwelling containing apartments shall take place unless the following minimum standards are met in addition to the requirements specified in § 19-9 for the HR district and until the site plan has been reviewed by the Planning Board.
a.
Each dwelling unit and combined complex of dwelling units shall have
a compatible architectural theme with variations in design to provide
attractiveness to the development, and which shall include consideration
of landscaping techniques; building orientation to the site and to
other structures; topography, natural features and individual dwelling
unit design such as varying unit width, staggering unit setbacks,
providing different exterior materials, changing roof lines and roof
designs, altering building heights and changing types of windows,
shutters, doors, porches, colors and vertical or horizontal orientation
of the facades, singularly or in combination for each dwelling unit.
b.
All dwelling units shall be connected to approved and functioning
public water and sanitary sewer systems prior to the issuance of a
certificate of occupancy.
c.
All parking facilities shall be on the same site as the building
and located within 150 feet of the nearest entrance of the building
they are intended to serve. Parking spaces shall be provided in areas
designed specifically for parking, and there shall be no parking along
interior streets. The total area devoted to parking shall not exceed
20 percent of the tract, and the total aggregate area devoted to both
parking and interior streets shall not exceed 30 percent of the tract.
d.
Apartment buildings may consist of any configuration that meets the
prescribed area and yard requirements and does not exceed the following
overall or component building lengths. Building coverage shall not
exceed 20 percent of the tract area.
 |
e.
Buildings measured along the center line shall provide one opening
at ground level at least every 250 feet. This opening shall be a minimum
of 15 feet in clear width and height and be at an elevation enabling
emergency vehicle access through the opening.
f.
No portion of any dwelling unit shall be a basement.
g.
In addition to any storage area contained inside individual dwelling
units, there shall be provided for each dwelling unit 200 cubic feet
of storage area in a convenient, centrally located area in the basement
or ground floor of the dwelling structure, where personal belongings
and effects may be stored without constituting a fire hazard and where
the belongings and effects may be kept locked and separated from the
belongings of other occupants. There shall be a further minimum common
storage area in each building of 50 cubic feet per dwelling unit,
located convenient to the outside ground level, for bicycles, perambulators
and similar types of equipment.
h.
No outside area or equipment shall be provided for the hanging of
laundry or the outside airing of laundry in any manner. Sufficient
area and equipment shall be made available within each dwelling unit
for the laundering and artificial drying of laundry of occupants of
each dwelling unit.
i.
Each apartment building shall contain a single master T.V. antenna
system which shall serve all dwelling units within the building, and
there shall be no additional exterior T.V. or radio equipment permitted.
j.
All streets both internal and external (including grading and paving);
driveways; parking areas; sidewalks; curbs; gutters; street lighting;
shade trees; water mains; water systems; culverts; storm sewers; sanitary
sewers; pumping stations; drainage structures; and such other improvements
as may be found to be necessary for the health, safety and welfare
of the public and in the public interest (including recreational facilities)
shall be installed at the expense of the developer and shall be completed
to the satisfaction of the Borough Engineer before a certificate of
occupancy may be issued. In lieu of total completion of landscaping
improvements only, an adequate performance bond properly guaranteeing
the completion may be accepted. Such bond value will be set at the
time of posting and will be held by the clerk of the Borough, after
approval by the Borough Attorney as to form and surety, for a period
of no more than one year, during which time the landscaping improvements
shall be completed.
a.
No fence shall be erected of barbed wire, razor wire, topped with metal spikes, or constructed of any material or in any manner which may be dangerous to persons or animals. In areas specified in Subsection 19-11.4e, chain-link type fencing with twisted and pointed tops shall be permitted providing that said fences have a minimum height of six feet. Chain-link type fencing with twisted and pointed tops shall not be permitted at any height in residential zones.
b.
On any lot in any direction, no wall or fence shall be erected or
altered so that the wall or fence shall be over three feet in height
in front yard areas, four feet in height in side yard areas and six
feet in height in rear yard areas. Any residential property that abuts
a commercial property, railroad tracks utilized by New Jersey Transit
or property utilized by a utility company shall be permitted to erect
a wall or fence six feet in height in the rear yard and along the
side property line that abuts the commercial use, subject to review
by the Zoning Officer for compliance with this section and with standards
for required sight triangles.
On corner lots, the property owner may erect a fence to the
rear of the dwelling on the side facing the street to a height of
six feet. This means that a corner property may have its entire rear
yard fenced, including the rear yard facing the street, to a height
of six feet.
c.
All fences shall be symmetrical in appearance, posts separated by
identical distances and fencing conforming to a definite pattern and
size of uniform design. The same shall be kept in good repair, regularly
painted, good appearance and clean condition. The finished side of
all fences and walls shall be constructed to face toward the adjacent
property.
d.
Corner clearances shall be maintained within that area bounded by
the lines of the intersecting streets and a diagonal joining the points
on each street line distant 20 feet from the point of intersection,
or in the case of a rounded corner, at a point of tangency. Within
this area, no structure, wall, embankment, terrace, porch, piazza,
fence, hedge, sign, vegetation or other obstruction other than shade
trees trimmed to a distance of at least ten feet above the curb line,
shall be permitted above a height of two feet above the horizontal
plane through the curb line.
e.
Nonsolid fences may be erected to a height not exceeding eight feet
on all sides of the property for the protection of business premises
provided:
1.
The same shall not extend beyond the front wall of a building on
any side facing a public street.
2.
Premises are in a business or commercial zone as defined in this
chapter.
3.
In all other zones providing the premises are public recreational
areas, schools, and school grounds, public utilities and municipal
buildings and grounds.
f.
A permit shall be required to erect a fence, wall or similar structure in accordance with Subsection 19-11.4a through e of the Point Pleasant Beach Code. The fee for said permit shall be fifty ($50.00) dollars and shall be obtained through the Zoning Officer. In the event that the owner of property desires to replace a section or portion of a fence, wall or similar structure that is a delineated section that does not exceed 25 percent of the linear footage of said fence, wall or similar structure, they shall be required to obtain said permit but there shall be no fee for said permit provided a permit has been issued for the original fence. In the event of said exemption, the fence, wall or similar structure shall be replaced to the exact size and shape of the original fence, wall or similar structure.
All parking areas and walkways thereto and appurtenant passageways
and driveways serving commercial public, office, industrial, apartment
or other similar uses having common off-street parking and/or loading
areas and building complexes requiring area lighting shall be adequately
illuminated for security and safety purposes. The lighting plan in
and around the parking areas shall provide for nonglare, color corrected
lights focused downward. The light intensity provided at ground level
shall be a minimum of three-tenths foot candle anywhere in the area
to be illuminated, shall average a minimum of five-tenths foot candle
over the entire area and shall be provided by fixtures with a mounting
height not more than 25 feet or the height of the building, whichever
is less, measured from the ground level to the center line of the
light source, spaced a distance not to exceed five times the mounting
height. Any other outdoor lighting, such as building and sidewalk
illumination, driveways with no adjacent parking, the lighting of
signs and ornamental lighting, shall be shown on the lighting plan
in sufficient detail to allow determination of the effects to adjacent
properties, traffic safety and overhead sky glow. The objective of
these specifications is to minimize undesirable off-premises effects.
No light shall shine directly into windows or onto streets and driveways
in such manner as to interfere with or distract driver vision. To
achieve these requirements, the intensity of such light sources, the
light shielding and similar characteristics shall be subject to site
plan approval by the board.
a.
Existence and Continuance. At the date of adoption of this chapter,
any lot, building or structure which has been and is still being used
for a purpose which does not conform to the requirements of the particular
zone where the lot, building or structure is situated, and which use
is lawful and properly licensed, if required, and is not prohibited
by any other existing ordinance of the Borough or any statute of the
State of New Jersey or the United States of America, the use may be
continued, subject to other provisions contained in this section,
and any change of title or possession shall not affect the continuance
of such existing use. The existing use may be continued as aforesaid,
provided, further, however, that:
1.
No nonconforming lot shall be further reduced in size.
2.
No nonconforming building shall be enlarged, extended or increased,
unless such enlargement is conforming.
3.
No nonconforming use may be expanded.
4.
Notwithstanding the provisions of paragraphs 1 through 3 above, a
single or two-family residential dwelling that is currently a nonconforming
structure may construct an open deck provided the following conditions
are met:
(a)
The open deck to be constructed shall not be located in the
front yard and shall conform to side and rear yard setback requirements
for the zone in which the property is located.
(b)
For purposes of this section, "open decks" shall be defined
as an extension attached to a residential dwelling unit having no
roof or sides and encircled by a railing. Additionally, "open decks"
shall have no roof or overhang and shall not have any structures located
upon or beneath it, such as a storage shed, shower or any other structure,
excluding required railings. Hot tubs placed upon said decks shall
not be considered structures for the purposes of this section.
5.
Whenever an application to continue a nonconforming use is made,
or when a nonconforming use is converted to a conforming use, the
applicant will be required to mitigate stormwater runoff for lots
with impervious surfaces greater than allowed by the development ordinance
and as deemed appropriate by the board engineer.
c.
Discontinuance and Abandonments. Any lot, building or structure used
in a lawful character or manner or for a lawful purpose which creates
a nonconforming use, which shall have such use intentionally discontinued
shall be considered to be abandonment of such use and shall not be
re-used or superseded by any use not permitted under respective zone
classification provisions of this chapter.
d.
Unsafe Buildings. Nothing in this section shall be construed so as
to prevent the strengthening or restoration to a safe and lawful condition
of any part of a building or structure declared to be unsafe or unlawful
by the building official, chief of the fire department or other duly
authorized Borough official.
e.
Change of Location. No nonconforming use of any portion of a lot,
building or structure may be moved to any other part or parcel of
land upon which the same was conducted at the time of the adoption
of this chapter.
f.
Restoration. If any nonconforming building or structure shall be
destroyed or damaged by reason of windstorm, fire, explosion or other
act of God or the public enemy to an extent of 50 percent or more
of the recorded true value as appraised in the records of the tax
assessor, then such destruction or damage shall be deemed complete
destruction and the building or structure may not be rebuilt, restored,
or repaired except in conformity with the regulations of this chapter.
Nothing in this chapter shall prevent the strengthening or restoring
to a safe condition of any wall, floor or roof which has been declared
unsafe by the building official.
If such destruction or damage is less than 50 percent of such
value, repairs and restoration of such nonconforming building or structure
shall take place within one year from date of such destruction and
damage. Complete restoration must be achieved within one year of commencement
of repairs or restoration. Otherwise such resumption and continuance
of the nonconforming usage shall not be permitted.
In the event of a dispute as to the determination of value of
such destruction and damage and replacement of same, the building
official, together with two independent, competent appraisers, one
selected by the claimant and one selected by the Board of Adjustment,
shall determine such value, which shall be final and binding upon
the claimant. The cost of such appraisal shall be paid for by the
claimant.
g.
Alteration. Upon application to the appropriate board after notice
to property owners and residents within 200 feet of the affected property,
as provided by the Municipal Land Use Law of the State of New Jersey,
a nonconforming building structure may be altered (but not enlarged
or extended) during its life, to an extent not exceeding in aggregate
ten percent of the recorded true value, as appraised in the records
of the tax assessor of the Borough, unless the building is changed
to a building conforming to the requirements of this chapter.
h.
Construction Approved Prior to Chapter. Nothing herein contained
shall require any change in plans, construction or designated use
of a building for which a building permit has been heretofore issued
and the construction of which shall have been diligently prosecuted
within three months of the date of such permit, and the ground story
framework of which, including the second tier of beams, shall have
been completed within six months of the date of the permit, and which
entire building shall be completed according to such plans as filed,
within one year from the date of adoption of this chapter.
i.
District Changes. Whenever the boundaries of a district shall be
changed so as to transfer an area from one district to another district
of a different classification, the foregoing provisions shall also
apply to any nonconforming uses existing therein or created thereby.
[Ord. No. 1979-2 § 500; Ord. No. 2006-42 § 1; Ord. No. 2016-15 §§ 3, 4,
6]
a.
General Provisions.
1.
Landscaping.
(a)
Except for detached dwelling units, a screen planting of a dense
evergreen material not less than four feet in height shall be provided
between the off-street parking areas and any lot line or street line
except where a building intervenes or where the distance between such
areas and the lot line or street line is greater than 150 feet. Native
vegetation will be planted within the screen planting, as deemed appropriate
by the board engineer based upon specific site conditions.
(b)
All loading areas shall be landscaped and screened sufficiently
to obscure the view of the parked vehicles and loading platforms from
any public street, adjacent residential district or uses and the front
yards of adjacent commercial and industrial uses. Such screening shall
be by a fence, wall, planting or combination of the three and shall
not be less than four feet in height. Native vegetation will be planted
within the screen planting, as deemed appropriate by the board engineer
based upon specific site conditions.
(c)
Each off-street parking shall have a minimum area equivalent
to one parking space per every 30 parking spaces landscaped with one-half
of the spaces having shrubs no higher than three feet and the other
half having trees with branches no lower than seven feet. Such spaces
shall be distributed throughout the parking area in order to break
the view of long rows of parked cars in a manner not impairing visibility.
2.
Lighting. Lighting used to illuminate off-street parking areas shall be arranged to reflect the light away from residential premises and streets and be in accordance with Subsection 19-11.5. All parking facilities providing five or more parking spaces shall be lighted.
3.
Surfacing and curbing.
(a)
Off-street parking lots and loading areas, together with their
access aisles, driveways and fire lanes, shall not occupy more than
35 percent of the lot area except where the parking lot is the principal
use.
[Ord. No. 2016-15 § 3]
(b)
All off-street parking and loading areas shall be provided with
curbing so that vehicles cannot be driven onto required perimeter
landscaped areas, buffer zones and street rights-of-way and so that
each parking and loading area has controlled entrances and exits and
drainage control. Curbing or wheel stops shall be located to prevent
any part of a vehicle from overhanging internal sidewalks or landscaped
areas. Parking and loading spaces shall not be an extension of any
street right-of-way. Curb cuts or flush curb and wheel stops will
be permitted to allow vegetated swales to be used for stormwater conveyance
and to disconnect impervious surfaces in parking lots and loading
areas, where appropriate.
(c)
All off-street parking lots shall have adequate designations
to indicate traffic flow and parking spaces.
4.
Access. Access points from any one lot crossing the street line shall
be limited to a maximum of two along the frontage of any single street.
The center lines of any separate access points shall be spaced at
least 70 feet apart; shall handle no more than two lanes of traffic;
shall be at least 40 feet from any property line; and shall be set
back from the street line of any intersecting street at least 50 feet
or one-half the lot frontage, whichever is greater, except that in
no case need the setback distance exceed 200 feet. Continuous open
driveways in excess of 16 feet at the street line shall be prohibited,
except that for non-residential uses, driveways of more than 16 feet
may be permitted with the approval of the Planning Board, giving due
consideration to the proposed width, curbing, direction of traffic
flow, radii of curves and method of dividing traffic lanes. Curbing
shall be depressed at the driveway or the curbing may be rounded at
the corners and the driveway connected with the street in the same
manner as another street. In the RC Zone all parking lots with frontage
on more than one street shall have all exits on a County Road.
[Ord. No. 2015-15 § 6]
5.
Location of parking spaces. All required off-street parking spaces
shall be located on the same lot or premises as the use served, except
that two uses may share the same lot and except further, that in cases
when it is determined during site plan review, that the requirements
for on-site off-street parking cannot be met because of existing conditions,
the location and adequacy of off-site parking spaces to service the
use shall be specified on the site plan for approval by the Planning
Board.
Any restaurant, retail, or day fishing business which contains
an existing parking lot where the property abuts to Ocean Avenue or
Inlet Drive may establish a public parking area. The establishment
of such use shall require a mercantile license be issued by the Borough
of Point Pleasant Beach.
[Ord. No. 2016-15 § 4]
6.
Type of facility.
(a)
Parking spaces may be on, above, or below the surface of the
ground. When parking spaces are provided within a garage or other
structure, the structure shall adhere to the proper accessory or principal
building setbacks, as applicable.
(1)
The provisions of parking spaces shall also include adequate
driveway and necessary turning areas for handling the vehicles for
which provision is made.
(2)
Parking may occupy front, side and rear yard areas subject to
site plan approval. The provisions of parking and loading spaces shall
also include adequate driveway and necessary turning areas for handling
of the vehicles for which provision is made. Aisle providing access
to parking spaces shall have the following minimum dimensions. Where
the angle of parking is different on both sides of the aisle, the
larger aisle width shall prevail.
|
Angle of Parking Space
|
One-Way Aisle
|
Two-Way Aisle
|
|---|---|---|
|
90 degree
|
25 feet
|
25 feet
|
|
60 degree
|
18 feet
|
20 feet
|
|
45 degree
|
18 feet
|
20 feet
|
|
30 degree
|
15 feet
|
18 feet
|
|
Parallel
|
12 feet
|
18 feet
|
(b)
Specific requirements. Each individual use shall provide parking
spaces according to the following provisions. Where a permitted use
of land includes different specified activities with different specific
parking requirements, the total number of required parking spaces
shall be obtained by individually computing the parking requirements
for each different activity and adding the resulting numbers together.
(1)
Single-family dwellings - one space.
(2)
Two-family dwellings - two spaces.
(3)
Multiple-family dwelling including all types of garden apartments
and apartment type structures - one and one-half spaces for each dwelling
unit.
(4)
Townhouses - two spaces per dwelling unit.
(5)
Rooming or boarding house - one space for each rental unit plus
one space for each resident family.
(6)
Hotel - one space for every two guest rooms plus one additional
space for each employee plus one space for every four seats in a public
dining room.
(7)
Motel - one and one-quarter spaces for each rental unit.
(8)
Auditoriums, places of worship, theatres, courts of law, gymnasiums
and similar places of public assembly - one space for every six seats,
based on a maximum of seating capacity.
(9)
Hospital, nursing homes and convalescent homes and buildings
for philanthropic or eleemosynary uses - one space for every three
beds.
(10)
Club, lodge or service organization - one space
for every six members.
(11)
Business and professional offices, banks and fiduciary
establishments - one space for every 200 square feet of floor area.
(12)
Retail business use and personal service establishments
- one space for every 100 square feet of floor area to which the public
has, access.
(13)
Restaurant, tavern or other public eating establishment
- one space for every four seats.
(14)
Funeral homes - one space for every 75 square
feet of floor area devoted to assembly rooms for services.
(15)
Manufacturing and industrial uses, research and
experimental laboratories - one space for every four employees.
(16)
Schools - one space for each staff member plus
the required spaces for assembly areas.
(17)
Service station - sufficient spaces for all vehicles
of patrons and employees with a minimum of five spaces.
(18)
Marinas - one space for every two berths, plus
one space for every two persons (based upon U.S. Coast Guard approved
capacity of the vessel) if commercial sport fishing vessels are docked.
(19)
Bowling alley - three spaces for each alley.
(20)
Notwithstanding the provisions herein, no property
shall be permitted to have a concrete lawn.
An application for a permit shall provide documentation that
the intended use will comply with the performance standards enumerated
below. In the case of a structure being built where the future use
is not known, a construction permit may be issued with the condition
that no certificate of occupancy will be issued until such time as
this documentation is submitted with respect to the particular occupant.
A new application and a new certificate of occupancy shall be required
in the event of a change of any use of any structure.
a.
Drainage. No storm water or natural drainage which originates on
the property or water generated by the activity, e.g., air conditioners,
swimming pools, shall be diverted across property lines unless transported
in an approved or existing drainage system.
b.
Electrical and/or Electronic Radiation Control. All electrical or
electronic devices located within the boundaries of a dwelling unit;
industrial or commercial building; medical clinic, or professional
office shall be subject to the provisions of the Public Law 90-602,
90th Congress, HR 10790, dated October 18, 1968, entitled "An Act
for the Protection of Public Health and Safety from the Dangers of
Electronic Product Radiation." Radiation products, as defined in DHEW
Publication No. (FDA) 75-8003, shall be so limited and controlled
so that no measurable energy can be recorded at any point beyond the
property boundaries. The applicant shall, upon request, produce certified
data wherein measurements made in accordance with the procedure and
standards set forth in the DHEW Publication No. (FDA) 75-8003 adequately
demonstrate compliance to the minimum standards established by the
Act. All other forms of electromagnetic radiation lying between 100KHz
and 10 GHz shall be restricted to the technical limits established
in the Federal Communication Commission's Rules and Regulations.
c.
Glare. No use shall produce a strong, dazzling light or reflection
of a strong, dazzling light or glare beyond its lot lines. Exterior
lighting shall be shielded, buffered and directed so that glare, direct
light or reflection will not become a nuisance to adjoining properties,
adjoining dwelling units, adjoining districts or streets.
d.
Heat. No use shall produce heat perceptible beyond its lot lines.
e.
Noise. Noise levels shall be designed and operated in accordance
with the regulations established by the New Jersey Department of Environmental
Protection as they are adopted and amended, and by the local ordinances
of the Borough.
f.
Odor. Noxious odors shall not be discernible at the lot line or beyond.
g.
Storage and Waste Disposal. No materials or wastes shall be deposited
upon a lot in such form or manner that they may be transferred off
the lot by natural causes or forces, nor shall any substance be deposited
which can contaminate an underground aquifer undesirable as a source
of water supply or recreation, or which will destroy aquatic life.
All materials or wastes which might cause fumes or dust or which constitute
a fire hazard or which may be edible or otherwise attractive to rodents
or insects shall be stored indoors and enclosed in appropriate containers
to eliminate such hazards. Storage of wastes or waste disposal area
will not be within 50 feet of a stormwater management basin and/or
facility.
h.
Ventilation. No use shall obstruct the natural ventilation of adjacent
uses nor contaminate the air with excessive heat or odor. Further,
no air conditioners or exhaust fans shall be permitted to discharge
exhausted air unless set back from all property lines ten feet or
equipped with baffles to deflect the discharged air away from the
adjacent use.
i.
Vibration. There shall be no vibration which is discernible to the
human sense of feeling beyond the immediate lot.
j.
Outside Storage of Material or Equipment. In all districts of the
Borough of Point Pleasant Beach, no goods, supplies or materials shall
be stored in any commercial trailer-type vehicle, storage van, bus
or any other vehicle, whether operative or inoperative, unless the
material is being used in conjunction with the construction or alteration
of a building on the same site and is specifically authorized by the
Construction Official pursuant to the above stated standard, namely
that the material is being used in conjunction with the construction
or alteration of a building on the site, and further no commercial
trailer-type vehicle, heavy equipment or construction equipment, whether
operative or inoperative, shall be parked or stored on any property
in any district within the Borough of Point Pleasant Beach, unless
the vehicle itself is being used in conjunction with the construction
or alteration of a building on the same site and is specifically authorized
by the Construction Official pursuant to the stated standard that
the material is being used in conjunction with the construction or
alteration of a building on the site. This prohibition concerning
the storage of commercial trailer-type vehicles, heavy equipment and
construction equipment shall exempt those used in conjunction with
a duly sanctioned business operation as long as the trailer-type vehicle
is moved from the business premises at least once within a two-day
period. The Construction Official or code-enforcement official or
his designee may issue a permit for such a vehicle up to 14 days after
receipt of a written request to obtain such a permit and only in conjunction
with a duly-sanctioned business operation. The governing body of the
Borough of Point Pleasant Beach may issue a permit for a period to
exceed 14 days for such a vehicle if it meets the following criteria:
1.
The location of the trailer-type vehicle, heavy equipment or construction
equipment would be in an area zoned as "commercial" or in conjunction
with an existing business operation.
2.
It is determined that the existence of the trailer-type vehicle,
heavy equipment or construction equipment will benefit the public
and the general welfare of the community.
This paragraph j shall not apply to recreational vehicles which
are dealt with separately in the Point Pleasant Beach Code. For purposes
of this paragraph j, "trailer" shall be defined as any vehicle designed
to be drawn by another vehicle having motor power. For the purposes
of this paragraph j, "bus" shall be defined to include any vehicle
commonly used for the transportation of individuals.
In no event shall there be bulk storage within 50 feet of a
stormwater management basin and/or facility.
Unless otherwise specified for a particular zoning district,
no more than one principal structure shall be permitted on one lot
except apartment development receiving site plan approval in accordance
with the provisions specified in this chapter.
[1]
Editor's Note: Former § 19-11.10, Signs, was repealed
2-16-2021 by Ord. No. 2021-02. Prior history includes Ord. #1979-2,
§ 500; Ord. #1984-8, § 1; Ord. 1986-4; Ord. #1994-31,
§ 2; Ord. #1994-33, §§ 1–3; Ord. #1996-20,
§ 1; Ord. #2001-25; and Ord. #2011-06.
[Ord. #1979-2, § 500]
a.
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall be located in rear or side yard areas only and shall meet the setback distances for accessory buildings as specified in § 19-9 for each particular zoning district, except that in no case may a swimming pool be located closer than ten feet to any lot line.
b.
A swimming pool shall occupy no more than 75 percent of the yard
area in which it is located.
c.
A private residential swimming pool area must be surrounded by a
suitable fence with a self-latching gate of at least four feet, but
no more than six feet, in height, and the fence shall be set back
from any lot line at least ten feet if the fence exceeds four feet
in height.
d.
Any pool and/or pool equipment that requires any backwash or discharge shall direct any and all discharge into an approved on-site drainage system, pursuant to Subsection 12-3.6b of the Borough Ordinances. No discharge into or toward the adjoining streets or properties is permitted.
[Added 2-16-2021 by Ord. No. 2021-08]
Within any district allowing townhouses, no townhouse development shall take place unless the following minimum standards are met in addition to the requirements specified in § 19-9 for the "HR" district and until the site plan has been reviewed and approved by the Planning Board.
a.
Each dwelling unit and combined complex of dwelling units shall have
a compatible architectural theme with variations in design to provide
attractiveness to the development, which shall include consideration
of landscaping techniques, building orientation to the site and to
other structures, topography, natural features and individual dwelling
unit design such as varying unit widths, staggering unit setbacks,
providing different exterior materials, changing roof lines and roof
designs, altering building heights and changing types of windows,
shutters, doors, porches, colors and vertical or horizontal orientation
of the facades, singularly or in combination for each dwelling unit.
Any overall structure of attached townhouses shall provide that no
more than two adjacent dwelling units have the same setback.
b.
All dwelling units shall be connected to approved and functioning
public water and sanitary sewer systems prior to the issuance of a
certificate of occupancy.
c.
All parking facilities shall be on the same site as the building
and located within 150 feet of the nearest entrance of the building
they are intended to serve. Parking spaces shall be provided in areas
designed specifically for parking, and there shall be no parking along
interior streets. The total area devoted to parking shall not exceed
20 percent of the tract, and the total aggregate area devoted to both
parking and interior streets shall not exceed 35 percent of the tract.
d.
No townhouse dwelling unit shall be less than 20 feet wide. Building
coverage shall not exceed 20 percent of the tract area. Number of
dwelling units in one building shall not exceed eight.
e.
No outside area or equipment shall be provided for the handling of
laundry or the outside airing of laundry in any manner. Sufficient
area and equipment shall be made available within each dwelling unit
for the laundering and artificial drying of laundry of occupants of
each dwelling unit.
f.
Each building shall contain a single master T.V. antenna system which
shall serve all dwelling units within the building, and there shall
be no additional exterior T.V. or radio equipment permitted.
g.
All streets both internal and external (including grading and paving),
driveways, parking areas, sidewalks, curbs, gutters, street lighting,
shade trees, water mains, water systems, culverts, storm sewers, sanitary
sewers, pumping stations, drainage structures and such other improvements
as may be found to be necessary in the public interest (including
recreational facilities) shall be installed at the expense of the
developer and shall be completed to the satisfaction of the Borough
Engineer before a certificate of occupancy may be issued. In lieu
of total completion of landscaping improvements only, an adequate
performance bond properly guaranteeing the completion may be accepted.
Such bond value will be set at the time of posting and will be held
by the Clerk of Point Pleasant Beach, after approval by the Borough
Attorney as to form and surety, for a period of no more than one year,
during which time the landscaping improvements shall be completed,
or the bond will be forfeited.
a.
Any applicant desiring to subdivide property for townhouse residential
construction in accordance with the provisions of this chapter may
apply to the board for a major subdivision under the following improvement
requirements. The board shall examine each request to determine whether
it meets the following minimum standards and specifications. Only
those applicants having received site plan approval in accordance
with the provision of the Borough's development ordinance, or those
applicants applying for simultaneous approval, may apply for subdivision
for fee simple townhouse development.
b.
The following provisions shall be stipulated within all deeds conveying
lots created under the provisions of this section:
1.
An organization (such as a homeowners' association) shall be created
in accordance with the following provisions for the purpose of owning
and maintaining all lands part of the townhouse development not individually
conveyed;
(a)
Membership in any created organization by all property owners
shall be mandatory. Such required membership in any created organization
and the responsibilities upon the members shall be in writing between
the organization and the individual in the form of a covenant with
each member agreeing to his liability for his pro rata share of the
organization's costs and providing that the Borough shall be a party
beneficiary to such covenant entitled to enforce its provisions.
(b)
Executed deeds shall be tendered to the Borough simultaneously
with the granting of final subdivision approval stating that the prescribed
use(s) of the lands in the common ownership shall be absolute and
not subject to reversion for possible future development.
(c)
The organization shall be responsible for liability insurance,
local taxes, maintenance of land and any facilities that may be erected
on any land deeded to the organization, and shall hold the Borough
harmless from any liability.
(d)
The assessment levied by the organization may become a lien
on the private properties in the development. The duly created organization
shall be allowed to adjust the assessment to meet changing needs,
and any deeded lands may be sold, donated or in any other way conveyed
to the Borough for public purposes only.
(e)
The organization initially created by the developed shall clearly
describe in its by-laws the rights and obligations of any homeowner
and tenant in the townhouse development, along with the covenant and
model deeds and the articles of incorporation of the organization,
prior to the granting of final approval by the Borough. The by-laws
may not be amended to contravene any Borough ordinance.
(f)
Part of the development proposals submitted to and approved
by the Borough shall be provisions to insure that control of the organization
will be transferred to the individual lot owners in the development
based on a percentage of the dwelling units sold and/or occupied,
together with assurances in the by-laws that the organization shall
have the maintenance responsibilities for all lands to which they
hold title and other areas of the development as required by the Planning
Board during site plan review and as stipulated in the by-laws of
the organization.
(g)
The organization shall not be dissolved and shall not dispose
of any open space, by sale or otherwise, except to an organization
conceived and established to own and maintain the open space for the
benefit of such development, and thereafter such organization shall
not be dissolved or dispose of any of its open space without first
offering to dedicate the same to the municipality or municipalities
wherein the land is located.
(h)
In the event that such organization shall fail to maintain the
open space in reasonable order and condition, the Construction Official
may serve written notice upon such organization or upon the owners
of the development setting forth the manner in which the organization
has failed to maintain the open space in reasonable condition, and
the notice shall include a demand that such deficiencies of maintenance
be cured within 35 days thereof, and shall state the date and place
of a hearing thereon which shall be held within 15 days of the notice.
At such hearing, the designated Construction Official may modify the
terms of the original notice as to deficiencies and may give a reasonable
extension of time not to exceed 65 days within which they shall be
cured. If the deficiencies set forth in the original notice or in
the modification thereof shall not be cured within the 35 days on
any permitted extension thereof, the Borough, in order to preserve
the open space and maintain the same for a period of one year may
enter upon and maintain such land. The entry and maintenance shall
not vest in the public any rights to use the open space except when
the same is voluntarily dedicated to the public by the owners. Before
the expiration of the year, the Construction Official shall, upon
his initiative or upon the request of the organization theretofore
responsible for the maintenance of the open space, call a public hearing
upon 15 days written notice to such organization and to the owners
of the development, to be held by the Construction Official at which
hearing such organization and the owners of the development shall
show cause why such maintenance by the Borough shall not, at the election
of the Borough, continue for a succeeding year. If the Construction
Official shall determine that such organization is ready and able
to maintain the open space in reasonable condition, the Borough shall
cease to maintain the open space at the end of the year. If the Construction
Official shall cease to maintain the open space in a reasonable condition,
the Borough may, in its discretion, continue to maintain the open
space during the next succeeding year, subject to a similar hearing
and determination, in each year thereafter. The decision of the Construction
Official shall constitute a final administrative decision subject
to judicial review.
(i)
The cost of such maintenance by the Borough shall be assessed
pro rata against the properties within the development that have a
right of enjoyment of the open space in accordance with assessed value
at the time of imposition of the lien, and shall become a lien and
tax on the properties and be added to and be a part of the taxes to
be levied and assessed thereon, and enforced and collected with interest
by the same officers and in the same manner as other taxes.
2.
All construction permits shall be issued for entire buildings of
townhouse dwelling units as such buildings are indicated on the approved
site plan, except that construction permits may be issued for the
reconstruction or renovation of existing dwelling units provided such
construction is structurally and architecturally compatible with the
adjacent existing dwelling unit(s).
3.
Occupancy permits will be issued only when the exterior of the entire
townhouse structure is complete, the installation of any curb, all
utilities, all functioning water supply and sewage treatment facilities,
all necessary storm drainage to insure proper drainage of the lot
and surrounding land, rough grading of lots, base course for the driveway
and base course for the streets are installed to serve the lot and
Borough dwelling units for which the permit is requested. Streets,
if installed prior to final approval, shall not be paved until all
heavy construction is completed; shade trees shall not be planted
until all grading and earth moving is completed and seeding of grass
areas shall be the last operation.
a.
No open space provided around any principal building for the purpose
of complying with the front, side, rear, or other yard provisions
of this chapter shall be considered as providing the yard provisions
for any principal building.
b.
Any structure located on a corner lot shall be set back from both
streets at least the required front yard distance.
c.
Encroachments.
1.
Chimneys. Chimneys may encroach a maximum of 18 inches into any required
side or rear yard, provided that the total area of encroachment does
not exceed 6 square feet.
[Ord. No. 2017-01]
2.
Ramps and lifts for disabled persons. Access accommodations for handicapped
or disabled persons such as ramps and/or lifts may be constructed
in the required front, side or rear yards of an existing single- or
two-family residence. In the side or rear yard, at least one foot
between the property line and the appurtenance shall be provided for
ramps and five feet for lifts for maintenance purposes. In the front
yard, ramps shall extend no more than ten feet from the front of the
structure and shall be accessed only from the private property on
which it is located. Ramps shall not be covered with an overhead or
roof structure. Encroachments onto easements or rights-of-way shall
be permitted only with express permission from the easement or right-of-way
owner.
3.
Bay and bow windows may encroach a maximum of 24 inches into the
front yard setback.
[Ord. No. 2017-01]
[Ord. #1981-17, § 6]
Any owner of recreational equipment and vehicles, as defined
and permitted herein, may park or store such equipment and vehicles
on a single family residential property or any other property in the
Borough subject to the following restrictions:
a.
The recreational equipment or vehicles parked or stored shall not
have any connections to electricity, water, gas or sanitary sewer
facilities; and at no time shall this equipment or vehicles be used
for living, sleeping or housekeeping purposes while within the confines
of the Borough of Point Pleasant Beach.
b.
The recreational equipment or vehicles parked or stored as aforesaid
must be kept in good repair, carry a current year's vehicle registration
license, and at all times, except when loading or unloading for immediate
departure or arrival, shall be kept locked and secured.
c.
No recreational equipment or vehicles shall be parked on any street
of the Borough of Point Pleasant Beach in violation of any parking
ordinance of the Borough, or in any case, for a period of more than
12 hours. The recreational equipment or vehicles as defined herein,
may be parked in a public parking lot between the hours of 8:00 a.m.
to 12:00 midnight of the same day. If parked in the open in any residential
district, the equipment or vehicle may be parked outside of a garage
provided that it is parked to the rear of the front yard setback line
and to the interior of the side yard setback line of the premises.
[Ord. #1982-15, § 1; Ord. #1984-8, § 2]
a.
An accessory use for gain or support may be conducted on the residential
premises within the main building provided that no article or service
is sold or offered for sale except as may be produced on the premises,
or the principal occupation of the resident is there conducted and
subject to the following limitations:
1.
With the exception of the sign permitted under § 17-13, no exterior signs or other evidence of the business shall be visible from the exterior of the business.
[Amended 2-16-2021 by Ord. No. 2021-02; 6-15-2021 by Ord. No. 2021-29]
2.
Only persons residing in the premises may participate in the business
activity.
3.
All operations of the business shall be confined to the house and
not to an accessory building.
4.
All operations of the business shall not be apparent or visible from
the exterior of the premises.
5.
No noise or other nuisance shall be created to interfere with the
enjoyment of neighboring properties.
6.
The home occupation shall not generate excessive pedestrian or vehicular
traffic.
7.
No equipment shall be used or installed which will interfere with
the receiving of proper transmission of radio or television signals
to the premises or adjoining premises.
8.
No flammable, toxic or hazardous substances shall be used or stored
in connection with the home occupation.
9.
The person(s) engaging in the home occupation shall register with
the code enforcement officer on an annual basis on a form provided
by such officer and shall be subject to inspection to insure compliance
with the restrictions applicable to a home occupation use.
[Ord. No. 2010-46 § 2; Ord. No. 2015-12 § 3; Ord. No. 2015-17 § 3; amended 2-21-2023 by Ord. No. 2023-02]
a.
All residential structures shall be limited to a basement, two stories
and a half story. In no case shall any point of the structure exceed
35 feet in height or less as dictated by the zone requirement.
b.
Where a district permits only single story dwellings a half story,
habitable attic shall be permitted.
[Ord. No. 2015-12 § 3]
c.
The pitch of the principal dwelling's roof shall not be less than
six vertical on twelve horizontal. Dormers, if constructed, shall
not be more than 33% of the length of the long axis of the dwelling.
The following are exempt from these limitations:
1.
A structure NOT in the Special Flood Hazard Area (SFHA) as determined
by the Federal Emergency Management Agency (FEMA) and as illustrated
on the Preliminary Flood Insurance Rate Map (P-FIRM) issued 1/30/2015
or its subsequent revisions.
2.
Pre-existing homes unless the existing home is elevated and
expanded at the same time.
3.
All homes with 2,500 square feet or less of "floor area" (as defined in Subsection 19-7.1 of the Borough Code) excluding, however, in determining whether the "floor area" is 2,500 square foot or less, decks, external stairs, unheated porches, detached garages, garages in any uninhabitable area under the first story, all other floor area in any uninhabitable area under the first story, and uninhabitable areas in any attic.
4.
Reserved.
[Deleted 2-21-2023 by Ord. No. 2023-02]
[Ord. #2010-46, § 2]
All structures other than residential shall be limited to a
basement and three stories but in no case shall any point of the structure
exceed 30 feet in height for buildings with flat-type roofs nor shall
any point of the structure exceed 35 feet in height for all other
types of roof structure, or less as dictated by the zone requirements.
[Ord. #2010-46, § 2; amended 2-21-2023 by Ord. No. 2023-02]
All cooking facilities are prohibited.
The total possible floor area shall not exceed 33 percent or
500 square feet, whichever is less, of the total floor area of the
story directly beneath it.
[Added 9-15-2020 by Ord. No. 2020-19]
a.
Purpose.
The primary purpose of these provisions is to provide specific zoning
conditions and standards for the location and operation of an establishment
that is involved in the sale of vaping products/e-cigarettes in order
to preserve the health and welfare of the Borough's residents.
b.
Conditional
Use. The location and operation of establishments that are involved
in the sale of vaping products/e-cigarettes and/or CBD products shall
be a conditional use, provided the standards of all other applicable
laws, rules, and regulations are met within LC Limited Commercial,
GC General Commercial, HC Highway Commercial, and MC Marine Commercial
districts of the Borough. The use is prohibited in all other districts.
[Added 7-6-2021 by Ord.
No. 2021-30]
a.
DOWNTOWN AREA
ESTABLISHMENTS
INTERVENING STRUCTURE
OUTDOOR SEASONAL SEATING
PARTITION
PERMIT
ROOFTOP SEATING
SAFETY PERMITTING
SEASONAL OUTDOOR DINING CLERK
SIDEWALK
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
For the purpose of this subsection shall be the area encompassed
by the Downtown Historic Overlay Zone.
Any establishment that serves outdoor food or beverages of any nature and is not providing sidewalk cafe service pursuant to § 5-18 of the Ordinances of the Borough of Point Pleasant Beach or any successor ordinance.
For purposes of this subsection shall mean the wall of a
building through which sound is expected to be dampened. Intervening
structure shall not mean decks, bush lines, temporary structures like
tents, roadways or fences.
For the purpose of this subsection includes seating for consumption
of food or beverages outside a building but on the same lot as the
establishment. All seating areas operating after dusk must be downward
lit to avoid light spillage.
An aesthetically pleasing movable wall to separate the outdoor
seasonal seating area from the general public. Such partitions are
to be securely attached but yet removable. Partitions may be no higher
than 42 inches.
The authority required to locate an outdoor seasonal seating
area.
An area set back from the edge of the roof that provides
adequate safety for the guests and staff.
Building and police departments determine that the location
of any seating is safe meaning it does not present an automotive risk,
the structure is sound, the seating partitions and accessories are
secure from wind, and that roof locations are a sufficient distance
from the edge of buildings.
The individual designated by the Administrator on enactment
of this subsection and annually to process applications and permits
for outdoor seasonal dining.
That portion of the walking surface between the curb and
a building on which the public transits.
b.
Requirements and limitations; permit required.
1.
This permit shall only be issued for dining in parking lots, driveways
and rooftops, safety permitting, annually from April through the end
of November in the MC and GC Zones only.
2.
All outdoor seating must be adjacent to the existing establishment.
3.
All seating must be a minimum of 200 feet from any single-family
residential structure unless there is an intervening structure.
4.
Umbrellas are permitted but tents and enclosures are not. Umbrellas
shall be stored indoors or in a storage area at night. Umbrellas shall
be securely anchored to prevent becoming disengaged by wind or inclement
weather during use.
5.
An establishment may exceed its approved indoor seating capacity
by no more than 20% if the conditions of this subsection are met and
the establishment pays $300 per parking space required for the additional
seating per year, unless the required parking is provided.
6.
An establishment must provide one additional parking space for each four seats added to the establishment's capacity, or provide the payment described in Subsection b5.
7.
ADA parking spaces shall not be utilized or blocked off for this
purpose.
8.
Driveways may be used, provided they are not fire lanes or the only
means of access to the property. Driveway use will be based upon the
seating plan the same as rooftop dining.
9.
The completed application is to be reviewed by the Chief of Police,
the Borough Engineer, the Health Department and the Building Department.
If any of these entities raise concerns regarding the location of
the outdoor seasonal seating, the person seeking the permit must seek
site plan approval from the Planning Board.
10.
The permittee must submit a request for a waiver of site plan
approval to the Planning Board. The waiver request must contain a
to-scale drawing showing landscaping, partitions, vehicle barriers,
number of tables and chairs and outdoor serving areas and stations.
The plan must also address management of noise and refuse. In addition,
all outdoor lighting shall be depicted on the plan and shall be downlit
and in accordance with the zoning code as related to impacts to adjacent
properties. Low-wattage string lighting shall be permitted. Applications
shall exhibit current building egress in relation to proposed outdoor
seating areas. If the application meets all of the requirements of
this subsection, a waiver will be granted. If all the conditions of
this subsection are not met, the applicant must seek site plan approval
from the appropriate Board.
11.
All applications will include a clear statement of the number
of approved seats and the source of this approval. No temporary outdoor
dining seats approved pursuant to the emergency declarations due to
COVID shall be included in this calculation.
12.
All applications will contain a clear statement of the total
number of outdoor seats depicted on the to-scale drawing to be added
to the previously approved number of seats.
13.
All applications will state the applicant's calculation of the
total number of additional parking spaces required for the additional
seating.
14.
All rooftop dining shall be setback a minimum of 10 feet from
edge of roof unless railings or guards that meet the applicable Uniform
Construction Code[1] are provided in which case the rooftop dining may be set
back a minimum of one foot from the edge of the roof. All rooftop
dining shall feature partitions as part of the design. Any rooftop
area is required to obtain the necessary Uniform Construction Code
permits and fire code approvals before space may be occupied.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
15.
All nonrooftop dining areas are to be set back 10 feet from
any rear or side yards.
16.
If an applicant is unable to meet any of the criteria above,
no outdoor dining will be permitted unless a minor site plan application
is approved by the appropriate land use board.
17.
If the business holds a current on-premises retail consumption
license and intends to serve alcoholic beverages in the designated
outdoor area, a separate permit must be obtained from the State of
New Jersey using the POSSE online licensing system (POSSE). A copy
of the ABC permit request and approval must be attached to the application
before a permit will be issued. Said area must be barricaded accordingly.
All outdoor dining and alcohol consumption must cease by 10:00 p.m.
18.
Seating in the front of the establishment shall not obstruct
the use of the sidewalk and shall be separated from the public portion
of the sidewalk by a partition that is not less than 30 inches in
height or more than 42 inches in height. The partition shall not obstruct,
in any way, patrons, pedestrians, or public safety personnel from
entering or exiting the restaurant.
19.
Any establishment using public property for outdoor seasonal
dining shall, at the option of the Borough, either repair at its sole
cost and expense any damage caused to the sidewalk by the operation
of the cafe or reimburse the Borough for all costs and expenses incurred
by it in making any such repairs.
20.
In the event of damage to the sidewalk caused by operation of
the seasonal outdoor dining, the Borough may require a bond to be
filed by the establishment in an amount to be fixed by the Borough,
prior to the next annual renewal of said permit.
21.
The maximum projection of any outdoor seasonal seating may not
be more than eight feet unless the sidewalk width is greater than
20 feet, in which case it may be 10 feet.
22.
The establishment must maintain a valid certificate of occupancy.
23.
All outdoor dining on public sidewalks must not prevent pedestrians
from using the sidewalk.
24.
The completed outdoor dining space shall be inspected before
occupancy as directed by the Administrator. Periodic inspections will
be conducted by the Borough to ensure continued compliance with these
regulations.
c.
Operation.
1.
The seasonal outdoor seating area is to be maintained in a neat and
clean manner and is to be cleaned daily. All umbrellas, tables and
chairs must be removed and securely stored overnight. Failure to maintain
the cleanliness of the outdoor dining area or failure to securely
store umbrellas, tables and chairs will result in the revocation of
this permit; and
2.
All outdoor dining, alcohol consumption and music must cease and
the area cleared of patrons by 10:00 p.m.; and
3.
The establishment may provide music in the outdoor seating area,
provided it is acoustic. Percussion and amplification are prohibited.
d.
Permit application; fee. All establishments seeking a permit for
outdoor seasonal seating must submit an application annually, an annual
fee of $200, and a to-scale drawing of the seating area.
1.
The applicant must provide with the application written permission
satisfactory to the Borough from the owner of the property for the
space or area to be utilized if different from the applicant.
2.
A to-scale drawing describing the area and proposed design of outdoor
area. The drawing should include, but not be limited to, any and all
temporary structures, equipment, traffic signs, umbrellas, tables,
chairs, electrical outlets, generators, lighting, barricades, means
of ingress/egress to outdoor dining area, any approved fire lanes
and/or traffic control equipment to be used in connection with its
operation.
3.
The applicant shall submit a copy of certificate of insurance, providing
for the payment of not less than $1,000,000 to satisfy any one claim
and an aggregate of not less than $5,000,000 for multiple claims for
damage or bodily injuries to, or the death of, any person or persons
alleged to be due, in whole or in part, by seasonal outdoor dining
and further providing for the payment of not less than $50,000 to
satisfy all claims for property damage occurring as a result of the
said seasonal outdoor dining and naming the Borough as an additional
insured.
4.
The insurance policy shall provide that the insurance company shall
notify the Borough of Point Pleasant Beach 10 days prior to cancellation
or substantial change in coverage.
5.
A permit may be revoked by the Borough if the applicant fails to
comply with the terms of approval of the outdoor seasonal dining permit
and may be revoked at any time by the Borough or any of its agents
if they discover any violation of the public health, safety and welfare.
The applicant is required to advise the seasonal outdoor dining clerk
of any change to the approved plan. Failure to advise the seasonal
outdoor dining clerk within seven days will result in the revocation
of the outdoor seasonal dining permit.
6.
No permit shall be issued to an applicant whose establishment is
in the special flood hazard zone without the applicant first obtaining
a floodplain permit.
[Ord. #1979-2, § 600]
Whenever the owner of a lot existing at the time of adoption
of this chapter has dedicated or conveyed land to the Borough in order
to meet the minimum street width requirements of the development ordinance
or to implement the official map or master plan of the Borough, the
Construction Official shall issue construction and occupancy permits
for the lot whose depth and/or areas are rendered substandard in area
only because of such dedication and where the owner has no other available
adjacent lands to provide the minimum requirements.
Any vacant lot existing as a conforming lot at the effective
date of adoption or amendment of this chapter whose area or dimensions
do not meet the requirements of the district in which the lot is located,
may have a building permit issued for a use permitted for that zoning
district without an appeal to the Board of Adjustment provided:
a.
The lot contains a minimum of 5,000 square feet;
b.
The building coverage limit is not exceeded;
c.
Parking requirements are met and;
d.
The yard and height provisions are reduced by the same percentage
that the area of such lots bears to the zone district requirements
except that no side yard shall be less than five feet.
[Ord. #1979-2, § 600]
No building shall exceed the height limits as prescribed in § 19-9. Penthouse or roof structures for the housing of stairways, tanks, ventilating fans, air conditioning equipment or similar equipment required to operate and maintain the building; skylights; spires; cupolas; flagpoles; chimneys; antennas and radio towers; or similar structures, may be erected on the building above the height limits prescribed by this chapter, but in no case may the combined height of the structure and facility be more than 125 percent of the maximum height permitted for the use in the district.
[Ord. #1979-2, § 600; Ord. #1980-6; Ord. #1984-1,
§§ 3, 4; Ord. #1987-5, § 1; Ord. #1990-8,
§§ 1—3; Ord. #1993-26, § 21; Ord. #2001-26;
Ord. #2002-16, § 1; Ord. #2002-24, § 1; Ord. #2010-43,
§ 5; Ord. No. 2016-22]
a.
Application Procedure. Before a construction permit or certificate of occupancy shall be issued for a conditional use as permitted by this chapter under P.L. 1975, C. 291, application shall be made to the Planning Board. The developer shall follow the procedures and guidelines prescribed in § 19-14, Development Application Review Procedures.
The Planning Board shall approve or deny conditional uses simultaneously with site plan or subdivision review. The board shall follow the procedures outlined for review, § 19-14.
The 95 day time period for action by the Planning Board on conditional
uses shall apply to each site plan review. Public notice and a hearing
shall be required as stipulated in the Municipal Land Use Law. (N.J.S.A.
40:55D-12)
In all requests for approval of conditional uses, the burden
of proof shall be on the applicant. The board shall give due consideration
to all reasonable elements which could affect the public health, welfare,
safety, comfort and convenience such as, but not limited to, the proposed
use(s), the character of the area, vehicular travel patterns and access,
pedestrian ways, landscaping, lighting, signs, drainage, sewage treatment,
potable water supply, utilities and building and structure location(s)
and orientations(s). Conditional uses must meet the requirements listed
below in addition to those outlined elsewhere.
b.
Special Requirements for Hotels and Motels.
1.
Any hotel or motel that may be constructed on a lot or parcel of
land must contain a minimum of at least ten units of accommodation,
exclusive of a permanent, on-site superintendent's living quarters.
The minimum number of units of accommodation in any single building
shall be five.
2.
Each unit of accommodation shall contain a minimum floor area of
240 square feet. Ceilings shall be a minimum of seven and one-half
feet in height.
3.
Each unit of accommodation shall include a minimum of two rooms,
a bedroom and a separate bathroom which affords privacy to a person
within the room and which is equipped with a "toilet," a "wash basin"
and a "bathtub" or "shower," all properly connected to a water and
sewer. Not more than one of the units of accommodation, previously
referenced as the superintendent's living quarters, may contain kitchen
facilities.
4.
The first floor areas of hotels and motels may be used for offices
and neighborhood commercial uses limited to such kinds of offices
as the professional offices of physicians, dentists, attorneys, engineers,
architects, planners, real estate brokers, insurance offices and branch
banks and store, delicatessen, coffee shop and restaurant.
5.
Each motel or hotel shall provide parking at a ratio of one and one half parking space per unit of accommodation. Parking shall be provided for commercial uses at the ratio prescribed in Subsection 19-11.7.
6.
Area and yard requirements for hotels and motels.
Principal Building
Minimum
Lot area: 30,000 square feet
Lot frontage: 150 feet
Lot width: 150 feet
Lot depth (Ord. No. 2016-22): 125 feet
Side yard (each): 15 feet
Front yard (Ord. No. 2016-22): 25
Rear yard (Ord. No. 2016-22): 30 feet
Accessory Building
Minimum
Distance to side line: 10 feet
Distance to rear line: 10 feet
Distance to other building: 10 feet
Maximum
Building coverage of principal and accessory building: 30%
|
a.
|
The front yard shall be determined on the basis of the average
front yard depth within the block (or adjacent block if there are
no existing buildings in the block)
|
7.
The
buffer zone between the rear setback of a hotel or motel and a residential
property should be a minimum of ten feet.
c.
Gasoline service stations and repair garages.
[Amended 6-1-2021 by Ord. No. 2021-21]
1.
Area and yard requirements.
(a)
Gasoline service stations and repair garages.
Principal and Accessory
Building Minimum
Lot area: 1 acre
Lot frontage: 200 feet
Lot width: 200 feet
Side yard (each): 25 feet
Front yard: 50 feet
Rear yard: 15 feet unless abutting a residential zone, 50 feet
Maximum building coverage: 30%
2.
General requirements.
(a)
No auto service station, repair garage, parking garage or parking
lot for five or more vehicles shall have an entrance or exit for vehicles
within 200 feet along the same side of a street of any school, public
playground, church, hospital, public building or institution, except
where such property is in another block or on another street which
the lot in question does not abut.
(b)
No auto service station shall be permitted where any on draining
pit or visible appliance for any purpose (other than filing pumps)
is located within 15 feet of any street fine or within 25 feet of
any residential district, except where such appliance or pit is within
a building.
(c)
No junk motor vehicle or part thereof, or motor vehicles incapable
of normal operation upon the highway, shall be permitted on premises
of any service station. It shall be deemed prima facie evidence of
violation of this chapter if more than three motor vehicles incapable
of operation are located at any one time upon any premises not within
a closed or roofed building excepting, however, a number not exceeding
three motor vehicles may be located upon any service station premises
outside of a closed or roofed building for a period not to exceed
15 days and providing that the owner of the motor vehicles are awaiting
their repair or disposition and the vehicles stored have a current
registration.
(d)
In any repair garage, areas used for outside storage of materials
or vehicles shall be screened to be obscured from view from all adjacent
properties.
(e)
In any parking lot, service station or repair garage, no parking
shall take place within five feet of any property line.
3.
Signs.
(a)
Auto service stations and repair garages shall be permitted
the following signs:
(1)
One free-standing sign advertising the name of the station or
garage and the principle products sold on the premises, including
any special company or brand name, insignia or emblem, provided that
each such sign shall not exceed 35 square feet in area on a side and
shall be set back ten feet from street lines and 15 feet from side
lot lines and provided further that the sign shall not be less than
ten, nor more than 20 feet above the ground, which shall be measured
from street grade at the curb line.
(2)
One temporary sign located inside the property line and specifically
advertising special seasonal servicing of automobiles, providing that
said sign does not exceed seven square feet in area.
(3)
Directional signs or lettering displayed over individual entrance
doors or bays and consisting only of the words "washing," "lubrication,"
"repairs," "mechanic on duty" or other words closely similar in import,
provided that there shall not be more than one such sign over each
entrance or bay.
(4)
Customary lettering or other insignia which the brand name of
a gasoline sold, lead warning sign, a price indicator and any other
sign required by law.
(b)
Parking lots and parking garages shall be permitted one free-standing
sign not exceeding ten feet in height and 20 square feet in area.
Such free-standing signs shall be set back ten feet from all property
lines.
d.
Public Utility Uses.
1.
For purposes of this chapter, the term "public utility uses" shall
include such uses as telephone dial equipment centers, power substations
and other public utility services, but shall not include service or
storage yards or similar uses.
2.
The proposed installation in a specific location must be reasonably
necessary for the satisfactory provisions of service by the utility
to the neighborhood or area in which the particular use is to be located.
3.
The designing of any building in connection with such facilities
must conform to the general character of the area and not adversely
affect the safe, comfortable enjoyment of property rights in the zone
in which it is located.
4.
Adequate fences and other safety devices must be provided as may
be required. Fences, when used to enclose public utility facilities
such as electrical power substations, shall be built in accordance
with the applicable requirements of the New Jersey Board of Public
Utility Commissioners and the New Jersey State Uniform Construction
Code.
5.
Sufficient landscaping, including shrubs, trees and lawn, shall be
provided and be periodically maintained.
6.
Adequate off-street parking shall be provided.
7.
All of the area, yard, building coverage and height requirements
of the respective zone must be met.
e.
Boardwalk Amusement Buildings, Devices, Rides and Structures.
Boardwalk amusement buildings, devices, rides and structures
may be permitted as a conditional use in those zones specified provided
that the use and/or structures shall adhere to the standards of the
particular zone and the following:
1.
Any amusement structure, related device or activity shall be located
on a lot which directly abuts the boardwalk and has direct pedestrian
access only to the boardwalk;
2.
No activity, ride, attraction, promotional activity or structure
shall be permitted in any required setback area or in the case of
an existing building or structure adjoining the boardwalk right-of-way.
This requirement shall not apply to facilities (e.g., benches) intended
for the use of the general public but rather to activities and facilities
intended to benefit, promote or facilitate individual property owner
business;
3.
Amusement buildings, devices, rides and structures shall be confined
to areas presently utilized for such use and no new or replacement
amusement building device, ride or structure shall result in the reduction
of existing off-street parking;
4.
No amusement buildings, structure, device or ride shall exceed thirty-five
feet in height;
5.
For purposes of this section, the following definitions are adopted:
(a)
Ride shall mean a mechanical amusement device that requires
an operator.
(c)
Teen/adult ride shall mean a ride which is neither a child/family
ride, as defined above, nor a ride as defined in paragraph 6.
(d)
Replacement ride shall mean a ride which replaces a currently
existing ride.
(e)
New ride shall mean a ride which is proposed to be installed
in addition to currently existing rides.
7.
Except as provided in paragraph 8, all new or replacement amusement
devices or rides shall require a conditional use permit and site plan
approval. The dismantling (and subsequent reassembly) of any amusement
device or ride for seasonal storage or repair shall not require a
conditional use permit or site plan approval.
8.
Notwithstanding paragraph 7, replacement rides shall be permitted
without the issuance of a conditional use permit or site plan approval
provided the replacement is in accordance with the following:
(a)
The number of "teen/adult rides" shall not exceed 12.
(b)
The number of "child/family rides" shall not be less than 16.
(c)
The total ride area of all rides cumulatively contained on any
given lot within the amusement area shall not exceed 110 percent of
the total ride area cumulatively that exists on the date of adoption
of this paragraph. The area of a ride is defined as the area within
the safety barrier surrounding the ride or the surface area that the
ride covers if no such safety barrier exists. Determination of areas
for all rides shall be as determined by the Borough's zoning official.
f.
Bed-and-Breakfast Inns. Bed-and-breakfasts shall be permitted as
a conditional use in those zones specified provided that the use and/or
structures adhere to the minimum bulk standards of the particular
zone and to the following:
1.
Bed-and-breakfast inns shall be residential in appearance.
2.
Bed-and-breakfast inns may serve a morning or afternoon meal to registered
guests. A morning or afternoon meal may be provided to individuals
who are not guests but no fee may be charged to the individual for
such a meal. No other meal except those listed above may be served.
3.
No cooking facility shall be allowed in guest rooms.
4.
No bed-and-breakfast inn shall operate as a rooming or boarding house
as defined by N.J.S.A. 55:138-3. Guest occupancy shall be limited
to 30 successive days or not more than 30 days in any period of 60
successive days.
5.
Bed-and-breakfast inns shall be managed and occupied by the owner
of the inn and owner shall reside in the premises during the season
of operation.
6.
Two off-street parking spaces shall be required for each owner living
unit plus one parking space for each guest room. Off-street parking
spaces shall be located in the side and/or rear yard. All parking
areas and driveways shall be set back at least five feet from side
property lines and at least ten feet from the rear property line.
The yard areas adjacent to parking spaces and driveways shall be landscaped
to provide natural year-round screening from adjacent properties.
7.
No more than six guest rooms or less than two guest rooms (with sleeping
accommodations for no more than 12 persons) shall be permitted.
8.
Bed-and-breakfast inns shall be subject to State law as defined,
regarding the Uniform Construction Code Act, Uniform Fire Safety Act,
and shall be registered with the Bureau of Housing Inspection I the
Division of Housing and Development in the Department of Community
Affairs and shall comply with all local ordinances concerning housing
and with all of the requirements of the zoning district in which it
is located.
9.
The structures shall comply with Subsection 19-12.3f and other standards for the zoning district in which the bed-and-breakfast inn is located unless otherwise superseded by the subsection.
10.
Signs shall be permitted in accordance with Subsection 19-11.10b1(b).
a.
The purpose of this section is to establish guidelines for the siting
of wireless telecommunications towers and antennas and ancillary facilities.
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 on Borough-owned property where
appropriate or in other 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 the use of existing buildings, telecommunications towers,
light or utility poles, or water towers as opposed to construction
of new telecommunications towers;
6.
Encourage users of towers and antennas to locate them, to the extent
possible, in areas where the adverse impact on the community is minimal;
7.
Ensure that all telecommunications facilities, including towers,
antennas and ancillary facilities, are located and designed to minimize
the visual impact on the immediate surroundings and throughout the
community by encouraging 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;
8.
Enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively, and
efficiently;
9.
Consider the public health and safety of telecommunications towers;
and
10.
Avoid potential damage to adjacent properties from tower failure
through engineering and careful siting of tower structures.
b.
In furtherance of these purposes, the Borough of Point Pleasant Beach
shall give due consideration to the Borough of Point Pleasant Beach's
Master Plan, Zoning Map, existing land uses, and environmentally sensitive
areas in approving sites for the location of towers and antennas.
As used in this section, the following items shall have the
meanings indicated:
Man-made trees, clock towers, bell steeples, flag poles,
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers.
The buildings, cabinets, vaults, closures and equipment required
for operation of telecommunications systems including but not limited
to repeaters, equipment housing, and ventilation and other mechanical
equipment.
Any exterior apparatus designed for telephonic, radio, or
television communications through the sending and/or receiving of
electromagnetic waves, digital signals, analog signals, radio frequencies
(excluding radar signals), wireless telecommunications signals or
other communications signals. Parabolic dish antennas under 30 inches
used for satellite communications shall not be included within this
definition.
The lines that connect a provider's towers/cell sites to
one or more cellular telephone switching offices, and/or long distance
providers, or the public switched telephone network.
The area surrounding a telecommunications tower and ancillary
facilities which lies between the tower and adjacent lot lines and/or
land uses.
A company that provides wireless services.
When two or more receiving and/or transmitting facilities
are placed together in the same location or on the same antenna support
structure.
The Federal Aviation Administration.
The Federal Communications Commission.
The area on the ground within a prescribed radius from the
base of a wireless telecommunications tower. The fall zone is the
area within which there is a potential hazard from falling debris
(such as ice) or collapsing material.
Cellular radio, personal communications service (PCS), enhanced
specialized mobile radio, specialized mobile radio and paging, commercial
land mobile radio and additional emerging technologies.
A tower which is supported or braced through the use of cable
(guy wires) which are permanently anchored.
When referring to a tower, the vertical distance measured
from the lowest finished grade at the base of the tower to the highest
point on the tower, even if said highest point is an antenna.
A type of mount that is self-supporting with multiple legs
and cross-bracing of structural steel.
The type of mount that is self-supporting with a single shaft
of wood, steel or concrete and a platform (or racks) for panel antennas
arrayed at the top.
The structure or surface upon which antennas are mounted,
including the following four types of mounts:
A facility for the provision of personal wireless services,
as defined by the Federal Telecommunications Act of 1996.
Any tower or antenna for which a building permit has been
properly issued prior to the effective date of this section,[1] including permitted towers or antennas that have been
approved but have not yet been constructed so long as such approval
is current and not expired.
An engineer specializing in electrical or microwave engineering,
especially the study of radio frequencies.
A telecommunications facility that is designed or located
in such a way that the facility is not readily recognizable as telecommunications
equipment (see "alternative tower structure").
A facility designed and used for the purpose of transmitting,
receiving and relaying voice and data signals from various wireless
communications devices including licensed transmission towers, antennas
and ancillary facilities. For purposes of this section, amateur radio
transmission facilities and facilities used exclusively for the transmission
of television and radio broadcasts are not telecommunications facilities.
Any personal wireless services as defined in the Federal
Telecommunications Act of 1996 which includes FCC licensed commercial
wireless telecommunications services including cellular, personal
communications services (PCS), specialized mobile radio (SMR), enhanced
specialized mobile radio (ESMR), paging and similar services that
currently exist or that may in the future be developed. It does not
include any amateur radio facility that is owned and operated by a
federally licensed amateur radio station operator or is used exclusively
for receive-only antennas, nor does it include noncellular telephone
service.
a.
New Towers and Antennas. All new telecommunications towers or antennas
in the Borough of Point Pleasant Beach shall be subject to these regulations.
b.
Preexisting Towers or Antennas. Preexisting telecommunications towers
and preexisting antennas shall not be required to meet the requirements
of this section, absent any enlargement or structural modification
or the addition of any antennas.
c.
District Height Limitations. The requirements set forth in this section
shall govern the location of telecommunications towers that exceed,
and antennas that are installed at a height in excess of, the height
limitations specified for each zoning district that are subject to
FAA restrictions.
d.
Public Property. Antennas or towers located on property owned, leased
or otherwise controlled by the governing authority shall be encouraged,
provided a license or lease authorizing such antenna or tower has
been approved by resolution by the governing authority. Said approved
publicly owned sites utilized for the purpose of constructing towers
and/or antennas shall be treated as engaging in a conditional use
under this article.
e.
Amateur Radio Station Operators/Receive-Only Antennas. This section
shall not govern any tower, or the installation of any antenna, that
is under 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.
f.
Satellite Dish Antennas. This section shall not govern any parabolic
dish antennas that are less than 30 inches and that are used for transmission
or reception of radio signals associated with satellites.
a.
Principal or Accessory Use. Telecommunications antennas and towers
may be considered either principal or accessory uses. Notwithstanding
any other Borough land use regulation, a different existing structure
on the same lot shall not preclude the installation of an antenna
or tower on such lot. If a tower and its appurtenant structures constitute
the sole use of the lot, the tower shall be deemed to be the principal
use.
b.
Lot Size. For purposes of determining whether the installation of
a tower or antenna complies with zone 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.
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.
d.
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 manufacturer structural loading standards or greater
standards contained in applicable State or local building codes and
the applicable standards for towers that are published by the Electronic
Industries Association and Telecommunications Industry Association,
as amended from time to time. If, upon inspection, the Borough of
Point Pleasant Beach 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 30 days to bring such tower into compliance with such standards.
Failure to bring such tower into compliance within said 30 days shall
constitute grounds for the removal of the tower or antenna at the
owner's expense.
e.
Nonessential Services. Telecommunications 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.
f.
Collocation Required. The Borough of Point Pleasant Beach mandates
that carriers collocate antennas on towers or other structures whenever
possible.
g.
Conditional Use. All telecommunications facilities in the Borough
of Point Pleasant Beach shall be conditional uses in accordance with
N.J.S.A. 40:55D-67.
h.
Site Plan Required. Site plan approval shall be required for all
new telecommunications facilities in the Borough of Point Pleasant
Beach including modifications to or addition of new telecommunications
facilities to preexisting towers, buildings or other structures.
a.
Conditional Use. Wireless telecommunications facilities are permitted
as conditional uses on lands owned by Point Pleasant Beach or any
other public entity within the Borough of Point Pleasant Beach.
b.
Conditional Use Standards. Wireless telecommunications facilities
may be permitted on the above referenced lands, provided that:
The minimum lot size on which the telecommunications facility
is to be located is at least five acres in area. Telecommunications
towers shall be limited to monopoles without guys designed to ultimately
accommodate at least three carriers and shall meet the following height
and usage criteria:
c.
Factors considered in granting conditional use permits.
1.
In addition to the above standards, the Planning Board shall consider
the following factors in determining whether to issue a conditional
use permit:
(a)
Proximity of the tower to residential structures and residential
district boundaries;
(b)
Nature and uses on adjacent and nearby properties;
(c)
Surrounding topography;
(d)
Surrounding tree coverage and foliage;
(e)
Design of the tower, with particular reference to design characteristics
that have the effect of reducing or eliminating visual obtrusiveness
including stealth designs which are encouraged;
(f)
Availability of suitable existing towers, alternative tower
structures, other structures or alternative technologies not requiring
the use of towers or structures;
(g)
Availability of proposed tower to other potential carriers.
2.
This list is to be considered to be illustrative in nature and may
not include all factors to be considered.
The following site design standards shall apply to wireless
telecommunications facilities:
a.
New Towers.
1.
Telecommunications towers may not be located closer than 500 feet
to any residential zone. Antennas located in preexisting buildings
or structures are exempt from this requirement.
2.
Fall zone. A fall zone shall be established such that the tower is
set back 150 percent of the height of the tower from any adjoining
lot line or non-appurtenant building.
3.
Security fencing. Towers shall be enclosed by security fencing not
less than eight feet in height. Towers shall also be equipped with
an appropriate anti-climbing measure.
4.
Landscaping. The following requirements shall govern the landscaping
surrounding towers:
(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 or planned residences or any other
area frequented by the public. The standard buffer shall consist of
a landscaped strip of at least ten feet wide outside the perimeter
of the compound. However, at a minimum, the facility should be shielded
from public view by evergreen trees at least eight feet high at planting
and planted in staggered double rows 15 feet on center.
(b)
In locations where the visual impact of the tower would be minimal,
the landscaping requirement may be reduced at the sole discretion
of the approving authority.
(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 a sufficient buffer.
5.
Ancillary buildings. Any proposed building enclosing related electronic
equipment shall not be more than ten feet in height nor more than
200 square feet in area, and only one such building shall be permitted
on the lot for each provider of wireless telecommunications services
located on the site. Such buildings must satisfy the minimum zoning
district setback requirements for accessory structures.
6.
Aesthetics. Towers and antennas shall meet the following requirements:
(a)
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.
(b)
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.
7.
Lighting. No lighting is permitted except as follows, which shall
be subject to review and approval by the Planning Board as part of
the site plan application:
(a)
The building enclosing electronic equipment may have one light
at the entrance to the building, provided that the light is attached
to the building, is focused downward and is switched so that the light
is turned on only when workers are at the building; and
(b)
No lighting is permitted on a tower except lighting that specifically
is required by the Federal Aviation Administration (FAA), and any
such required lighting shall be focused and shielded to the greatest
extent possible so as not to project toward adjacent and nearby properties.
8.
Signs. No signs are permitted except those required by the Federal
Communications Commission, the Electronic Industries Association (EIA)
and/or the Telecommunications Industry Association (TIA) or by law,
such as warning and equipment information signs, which may be attached
to a fence or building structure and shall not be larger than 18 inches
by 18 inches.
b.
Antennas Mounted on Existing Structures or Roof Tops.
1.
Antennas on existing structures. Any antenna which is not attached
to a tower may be attached to any existing business, industrial, office
utility or institutional structure, provided:
(a)
Side- and roof-mounted personal wireless service facilities
shall not project more than ten feet above the height of an existing
building or structure nor project more than ten feet above the height
limit of the zoning district within which the facility is located.
Personal wireless service facilities may locate on a building or structure
that is legally nonconforming with respect to height, provided that
the facilities do not project above the existing building or structure
height.
(b)
The antenna complies with applicable FCC and FAA regulations.
(c)
The antenna complies with all applicable building codes.
(d)
Equipment structure.
(1)
The equipment structure shall not contain more than 200 square
feet of gross floor area or be more than ten feet in height. In addition,
for buildings and structures which are less than 48 feet in height,
the related unmanned equipment structure shall be located on the ground
and shall not be located on the roof of the structure.
(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 ten percent of the roof area.
(3)
Equipment storage building, structures or cabinets shall comply
with all applicable building codes.
2.
Aesthetics. 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.
c.
Antennas on Existing Towers. An antenna may be attached to a preexisting
tower in a nonresidential zone and, to minimize adverse visual impacts
associated with the proliferation and clustering of towers, collocation
of antennas by more than one carrier on existing towers shall take
precedence over the construction of new towers, provided such collocation
is accomplished in a manner consistent with the following:
1.
A tower which is modified or reconstructed to accommodate the collocation
of an additional antenna shall be of the same tower type as the existing
tower, unless reconstruction as a monopole is proposed.
2.
An existing tower may be modified or rebuilt to a taller height,
not to exceed the maximum tower height established by this article.
a.
The Borough of Point Pleasant Beach requires that licensed carriers
share personal wireless service facilities and sites where feasible
and appropriate, thereby reducing the number of personal wireless
service facilities that are stand-alone facilities. All applicants
for site plan approval for a personal wireless service facility shall
demonstrate a good-faith effort to collocate with other carriers.
Such good-faith effort includes:
1.
A survey of all existing structures that may be feasible sites for
collocating personal wireless service facilities;
2.
Notification by certified mail of intent to seek site plan approval
to all the other licensed carriers for commercial mobile radio services
operating in the county;
3.
Sharing information necessary to determine if collocation is feasible
under the design configuration most accommodating to collocation;
and
4.
A copy of a proposed lease or affidavit of compliance with this section.
b.
In the event that collocation is found to be not technically feasible,
a written statement of the reasons for the infeasibility shall be
submitted to the Borough. The Borough may retain a technical expert
in the field of RF engineering to verify if collocation at the site
is not feasible or is feasible given the design configuration most
accommodating to the collocation. The cost for such a technical expert
will be at the expense of the applicant. The Borough may deny approval
to an applicant that has not demonstrated a good-faith effort to provide
for collocation.
c.
If the applicant intends to collocate or to permit collocation, plans
and elevations, which show the ultimate appearance and operation of
the personal wireless service facility at full build-out shall be
submitted.
Wireless telecommunications facilities shall be located and
approved in accordance with the following prioritized locations:
a.
The first priority shall be an existing tower owned by either a public
or private utility within or near the Borough of Point Pleasant Beach.
b.
The second priority shall be new towers on lands owned by the Borough
of Point Pleasant Beach within the commercial zones or other lands
owned by the Borough of Point Pleasant Beach or other public entity.
c.
The third priority shall be an existing building in a commercial
zone.
In addition to the site plan submission requirements and other
applicable requirements of Chapter XIX, the following information
shall be submitted in conjunction with site plan approvals for all
wireless telecommunications facilities:
a.
Comprehensive Service Plan. In order to provide proper evidence that
any proposed location of wireless telecommunications antennas (and
any supporting tower and/or ancillary building enclosing related electronic
equipment) has been planned to result in the fewest number of towers
within the Borough of Point Pleasant Beach at the time full service
is provided by the applicant throughout the Borough, the applicant
shall submit a "comprehensive service plan." Said comprehensive service
plan shall indicate how the applicant proposes to provide full service
throughout the Borough and, to the greatest extent possible, said
service plan shall also indicate how the applicant's plan is coordinated
with the needs of all other providers of telecommunications services
within the Borough of Point Pleasant Beach. The comprehensive service
plan shall indicate the following:
1.
Whether the applicant's subscribers can receive adequate service
from antennas located outside of the borders of the Borough of Point
Pleasant Beach.
2.
How the proposed location of the antennas relates to the location
of any existing towers within and/or near the Borough of Point Pleasant
Beach.
3.
How the proposed location of the antennas relates to the anticipated
need for additional antennas and supporting towers within and/or near
the Borough of Point Pleasant Beach by both the applicant and by other
providers of telecommunications services within the Borough of Point
Pleasant Beach.
4.
How the proposed location of the antennas relates to the objective
of collocating the antennas of different service carriers on the same
tower.
5.
How the proposed location of the antennas relates to the overall
objective of providing full telecommunications services within the
Borough of Point Pleasant Beach while, at the same time, limiting
the number of towers to the fewest possible.
b.
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),
and all properties within the applicable fall zone, adjacent roadways,
proposed means of access, setbacks from property lines, elevation
drawings of the proposed tower and any other structure, topography,
parking and other information deemed by the approving authority to
be necessary to assess compliance with this section.
c.
Legal description of the entire tract and leased parcel (if applicable).
d.
The setback distance between the proposed tower and the nearest residential
unit and residentially zoned properties.
e.
The separation distance from other towers and antennas.
f.
A landscape plan showing specific landscape materials including,
but not limited to species type, size, spacing and existing vegetation
to be removed or retained.
g.
Method of fencing and finished color and, if applicable, the method
of camouflage.
h.
A description of compliance with all applicable Federal, State or
local laws.
i.
A notarized statement by the applicant as to whether construction
of the tower will accommodate collocation of additional antennas for
future users.
j.
Identification of the entities providing the backhaul network for
the tower(s) described in the application and other telecommunications
sites owned or operated by the applicant in the Borough.
k.
A letter of commitment to lease excess space or other potential users
at prevailing market rates and conditions. The letter of commitment
shall be in form suitable for recording with the county clerk prior
to the issuance of any permit and shall commit the tower owner(s),
property owner(s) and their successors in interest.
l.
A visual impact study containing, at a minimum, a photographic simulation
showing the appearance of the proposed tower, antennas and ancillary
facilities from at least five points within a three-mile radius. Such
points shall be chosen by the carrier with review and approval by
the Planning Board planning consultant to ensure that various potential
views are represented.
m.
An analysis of the peak RFR levels at the facility as a means of
assessing compliance with the FCC RF safety criteria. This analysis
shall:
1.
Take into consideration all collocated radio transmitting antennas
and/or nearby antennas that could contribute to RFR levels at the
facility.
2.
Be performed by an RF engineer, health physicist or similar knowledgeable
individual using FCC approved and certified test equipment with a
copy of the calibration certificate showing make, model and serial
number.
3.
Follow current methods recommended by the FCC for performing such
analyses for use with the type of modulation of the RF carrier.
a.
After the wireless telecommunications facility is operational, the
applicant shall submit, within 90 days of beginning operations, and
at annual intervals from the date of issuance of the building permit,
existing measurements of RFR from the wireless telecommunications
facility. Such measurements shall be signed and certified by an RF
engineer, stating that RFR measurements are accurate and meet FCC
guidelines as specified in the radio frequency standards subsection
of this section.
b.
The applicant and co-applicant shall maintain the personal wireless
service facility in good condition. Such maintenance shall include,
but shall not be limited to, painting, structural integrity of the
mount and security barrier, and maintenance of the buffer areas and
landscaping.
a.
At such time that a licensed carrier plans to abandon or discontinue
operation of a personal wireless service facility, such carrier shall
notify the Borough Clerk by certified United States mail of the proposed
date of abandonment or discontinuation of operations. Such notice
shall be given no less than 30 days prior to abandonment or discontinuation
of operations. In the event that a licensed carrier fails to give
such notice, the wireless telecommunications facility shall be considered
abandoned upon discontinuation of operations.
1.
If tower lighting was required by the FAA, the tower owner shall
be responsible for all violations and fines associated with its operation.
b.
Upon abandonment or discontinuation of use, at the option of the
Borough, the carrier shall physically remove the personal wireless
service facility within 90 days from the date of abandonment or discontinuation
of use. "Physically remove" shall include, but not be limited to:
1.
Removal of antennas, mount, equipment shelters and security barriers
for the subject property.
2.
Proper disposal of the waste materials from the site in accordance
with local, county and State solid waste disposal regulations.
3.
Restoring the location of the personal wireless service facility
to its natural condition, except that any landscaping and grading
shall remain in the after-condition.
c.
If a carrier fails to remove a personal wireless service facility
in accordance with this section, the Borough shall have the authority
to enter the subject property and physically remove the facility.
The Planning Board will require the applicant to post a bond at the
time of approval to cover costs for the removal of the personal wireless
service facility in the event the Borough must remove the facility.
a.
A Zoning Board of Adjustment is hereby established consisting of
seven members who shall be residents of this Borough and who shall
not hold any elective office or position under this Borough, each
to be appointed by the Mayor of the Borough with the advice and consent
of Council, to serve for a term of four years each, except that upon
adoption of this chapter, the members of the Board of Adjustment then
holding office shall continue therein until their present terms expire,
with each succeeding member serving for four years. The terms of any
members first appointed under this chapter shall be so determined
that to the greatest practicable extent the expiration of such terms
shall be distributed evenly over the first four years after their
appointment.
b.
____
1.
The
Zoning Board of Adjustment shall also consist of not more than four
alternative members, pursuant to N.J.S.A. 40:55D-69, who shall be
appointed by the Mayor with the advice and consent of the Borough
Council to serve for terms of two years, from January 1 of the year
of their appointment.
2.
The terms of the members first appointed under this subsection shall
be so determined that to the greatest practicable extent, the expiration
of such terms shall be distributed evenly over the first two years
of their appointment; provided, however, that no term shall be for
greater than two years and that the terms of not more than two alternative
members shall expire in any one year.
c.
Any vacancy on the board occurring other than by expiration of term
shall be filled by appointment by the Borough Council to serve for
the unexpired term of the member whose term shall become vacant. A
member, after public hearing if he requests it, may be removed by
the Borough Council for cause.
d.
Yearly, the Board of Adjustment shall organize by selecting from
among its regular members a chairman and vice chairman. The board
shall also select a secretary who may or may not be a member of the
board or a Borough employee.
The Board of Adjustment shall have the power to:
a.
Error or refusal. Hear and decide appeals where it is alleged by
the appellant that there is error in any order, requirement decision
or refusal made by an administrative officer based on or made in the
enforcement of the development ordinance.
b.
Exceptions or interpretations. Hear and decide, in accordance with
the provisions of the development ordinance, requests for interpretation
of the zoning map or ordinance or for decisions upon other special
questions upon which the board is authorized to pass by any development
ordinance or official map.
c.
Variance of area or yard requirements. Where, by reason of exceptional
narrowness, shallowness or shape of a specific piece of property;
or by reason of exceptional topographic condition; or by reason of
other extraordinary and exceptional situation or condition of such
piece of property the strict application of any regulation of this
chapter would result in peculiar and exceptional practical difficulties
or to exceptional and undue hardship upon the developer of such property,
grant, upon an application or an appeal relating to such property,
a variance from such strict application of such regulation so as to
receive any difficulties or hardship; provided, however, that no variance
shall be granted under this subsection to allow a structure to use
in a district restricted against such structure or use; and provided
further that the proposed development does not require approval by
the Planning Board of a subdivision, site plan or conditional use
in conjunction with which the Planning Board shall review a request
for a variance pursuant to this chapter.
d.
Variance of use regulations. Grant a variance to allow a structure
or use in a district restricted against such structure or use in particular
cases and for special reasons, but only by affirmative vote of at
least two-thirds of the full authorized membership of the board.
e.
No variance or other relief may be granted under the terms of this
section unless such variance or other relief can be granted without
substantial detriment to the public good and will not substantially
impair the intent and purpose of the zone plan and zoning ordinance.
As application under this section may be referred to an appropriate
person or agency, including the Planning Board, for its report; provided
that such reference shall not extend the period of time within which
the Zoning Board of Adjustment shall act.
f.
Other powers. The Board of Adjustment shall have such other powers
as prescribed by law, including, but not limited to, the following:
1.
Direct issuance of a building permit for the construction of a building
or structure within the bed of a mapped street or public drainageway,
flood control basin or public area as shown on a duly adopted official
map ordinance of the Borough whenever one or more parcels of land
within the bed cannot yield a reasonable return to the owner unless
a building permit is granted. The board may grant such relief only
by an affirmative vote of a majority of the full authorized membership
of the Zoning Board of Adjustment, ensuring that such relief will
tend to cause a minimum change of the official map and will not significantly
add to the cost of opening any proposed street. The board shall impose
reasonable requirements as a condition of granting the building permit
so as to promote the health, morals, safety and general welfare of
the public.
2.
Direct issuance of a building permit for the construction of a building
or structure on a lot not abutting a street which is shown on a duly
adopted official map of the Borough or which is (a) an existing State,
county or municipal street or highway; or (b) a street shown upon
a plat approved by the municipal Planning Board; or (c) a street on
a plat duly filed in the office of the county recording officer. The
board may grant such relief only where the enforcement of the statute
requirement that a building lot abut a street would entail practical
difficulty or unnecessary hardship, or where the circumstances of
the case do not require the building or structure to abut a street.
The board shall impose requirements or conditions that will provide
adequate access for fire fighting equipment, ambulances and other
emergency vehicles necessary for the protection of the health and
safety and will protect any future street layout shown on the official
map or on the general circulation plan element of the Borough master
plan.
3.
The Board of Adjustment shall have the power to grant, to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval or conditional use approval whenever the Board of Adjustment is reviewing an application for approval of a variance pursuant to Subsection 19-13.2d of this chapter; provided, however, that the exercise of this power shall be limited to that lot (or lots) upon which the proposed variant use is to be situated.
a.
Appeals to the Board of Adjustment may be taken by an interested
party affected by any decision of an administrative officer of the
Borough based on or made in the enforcement of the development ordinance
or official map. Such appeal shall be taken within 20 days by filing
a notice of appeal with the officer from whom the appeal is taken
specifying the grounds of such appeal. The officer from whom the appeal
is taken shall immediately transmit to the board all the papers constituting
the record upon which the action appealed from was taken.
b.
A developer may file an application for development with the Board
of Adjustment for action under any of its powers without prior application
to an administrative officer.
c.
The Board of Adjustment shall render a decision not later than 120
days after the date that (1) an appeal is taken from the decision
of an administrative officer, or (2) a complete application for development
is submitted to the board by a developer. Failure of the board to
render a decision within such 120 day period or within such further
time as may be consented to by the applicant shall constitute a decision
favorable to the applicant.
d.
Applications to Board of Adjustment, Information Required.
1.
Checklist information required. All applications to the Board of
Adjustment shall include information indicated on a checklist and
all information so indicated shall be in the office of the clerk of
the Board of Adjustment at least seven days before the applicant's
hearing date. The information required and the items set forth on
the checklist shall include the following:
(a)
One copy of Application Form A and variance application;
(b)
The fee for presentation of the variance application;
(c)
The fee for the assessor's list;
(d)
A notarized affidavit of service;
(e)
Proof that notice was mailed or hand-delivered to all persons
within a 200 feet radius and that such service was given at least
12 days prior to the hearing. The applicant shall attach all proofs
to the copy of the notice which is supplied by the office of the clerk
of the Board of Adjustment, and the applicant shall return such proofs
to the office of the clerk of the Board of Adjustment at least seven
days before the hearing date;
(f)
Eleven certified copies of a survey of the property upon which
a variance is requested indicating the buildings thereon;
(g)
An affidavit of publication demonstrating proof that notice
was placed in the newspaper where there was publication at least ten
days prior to the meeting date;
(h)
Photos of the premises and the adjoining premises;
(i)
The Borough tax map showing all premises within the 200 feet
area and the property classification, as found on the tax assessor's
list, must be marked on the surrounding properties; 11 copies of a
map illustrating the drawings of the buildings adjacent to the premises
requesting a variance;
(j)
Eleven copies of a plot plan, clearly indicating all such buildings
as are on the surrounding properties, showing all front, side, and
rear yard dimensions;
(k)
The subdivision, the site plan and 12 copies of the site plan,
or the conditional use application, where applicable;
(l)
Twelve copies of any architectural drawings where applicable;
(m)
All taxes and water bills must be paid in full up to the date
of the hearing.
(n)
For all major development pursuant to the Stormwater Management Rules, now codified at N.J.A.C. 7:8 et seq., the applicant will identify nonstructural stormwater strategies incorporated into the design, per Chapter 2 of the Best Management Practices (BMP) Manual. In addition, the Low Impact Development Checklist of Appendix A of the BMP Manual will be a required submission item for all site plans and subdivisions that fall under major development.
2.
Additional checklist and information.
(a)
Additionally, all site plan and subdivision applications must
include a checklist and certain information.
(b)
The information required shall set forth: (i) the project title;
(ii) the application number; (iii) the block and lot numbers; (iv)
the date received and the date reviewed; (v) the address; and (vi)
by whom the plans were prepared.
(c)
All of the items set forth on the checklist shall provide a
column next to each item for a column entitled "Complies" and a column
entitled "Does Not Comply" and a column entitled "Remarks". The items
set forth on the checklist shall be as follows:
(1)
Approval requested.
(2)
Zone district.
(3)
Use (principal).
(4)
Use (accessory).
(5)
Building height.
(6)
Lot area.
(7)
Lot frontage.
(8)
Lot width.
(9)
Lot depth.
(10)
Front yard.
(11)
Rear yard.
(12)
Side yard.
(13)
Lot coverage.
(14)
Density.
(15)
Check general requirements for each zone.
(16)
Off-street loading.
(28)
Number of spaces (see Subsection 19-11.7b).
(31)
Signs (see Subsection 19-11.10).
(46)
Ocean County Planning Board.
(47)
Soil Conservation District.
(48)
Utility location and sizes.
(49)
C.A.F.R.A. approval required.
(50)
D.O.T. access.
(51)
Drainage.
(52)
Soil waste disposal.
(d)
Additionally, all applications shall be appropriately marked
or checked in each one of these categories as complete as is possible.
(e)
Additionally, space shall be provided for appropriate comments
by the applicant and by the reviewing board.
a.
A Planning Board is hereby established consisting of nine members
of the following four classes:
Class I: The Mayor. In the absence of the Mayor, the Mayor's
designee being a resident of the Borough of Point Pleasant Beach may
serve on the Planning Board. Said individual will serve at the pleasure
of the Mayor and during the Mayor's official tenure in office. The
Mayor shall designate the individual to serve in writing and shall
file the same with the municipal clerk and the Planning Board secretary.
Class II: One of the officials of the Borough, other than a
member of the Borough Council, to be appointed by the Mayor; provided
that if there is an environmental commission, the member of the environmental
commission who is also a member of the Planning Board as required
by C. 40:56A-1 shall be deemed to be the class II Planning Board member
if there is both a member of the Zoning Board of Adjustment and a
member of the board of education among the class IV members.
Class III: A member of the Borough Council to be appointed by
it.
Class IV: Six other citizens of the Borough to be appointed
by the Mayor. The members of class IV shall hold no other Borough
office.
b.
The term of the member composing class I shall correspond with his
official tenure. The terms of the members composing class II and class
III shall be for one year or terminated at the completion of their
respective terms of office, whichever occurs first, except for a class
II member who is also a member of the environmental commission. The
term of a class II or a class IV member who is also a member of the
environmental commission shall be for three years or terminate at
the completion of his term of office as a member of the environmental
commission, whichever comes first.
c.
The term of a class IV member who is also a member of the Board of
Adjustment or the board of education shall terminate whenever he is
no longer a member of such other body or at the completion of his
class IV term, whichever comes first.
d.
The terms of all class IV members first appointed pursuant to this
chapter shall be so determined that to the greatest practicable extent
the expiration of such term shall be evenly distributed over the first
four years after their appointment and as determined by resolution
of the Borough Council; provided however, that no term of any member
shall exceed four years and further provided that nothing herein shall
affect the terms of any present member of the Planning Board, all
of whom shall continue in office until the completion of the terms
of four years except as otherwise herein provided. All terms shall
run from January 1 of the year in which the appointment was made.
e.
The Planning Board shall also consist of alternate members in classes
II, III, IV, who shall be appointed and serve, pursuant to the terms
of N.J.S.A. 40:55D-23.
f.
If a vacancy of any class shall occur otherwise than by expiration
of term, it shall be filled by appointment as above provided for the
unexpired term.
g.
The Planning Board shall elect a chairman and vice chairman from
the members of class IV and select a secretary who may be either a
member of the Planning Board or a Borough employee designated by it.
h.
Members of the Planning Board appointed prior to the adoption of
the Municipal Land Use Law (Chapter 291, Laws of N.J. 1975) shall
continue in office until completion of their terms as provided by
law immediately prior to the adoption of the municipal land use law.
The Planning Board shall have the power to:
a.
Make, adopt, and from time to time, amend, a master plan for the
physical development of the Borough, including any areas outside its
boundaries which, in the board's judgment, bear essential relation
to the planning of the Borough.
b.
Exercise subdivision control, site plan review and conditional use
approval.
c.
Participate in the preparation and review of programs or plans required
by state or federal law or regulation.
d.
Assemble data on a continuing basis as part of a continuous planning
process.
e.
Annually, prepare a program of municipal capital improvements projects
projected over a term of six years and amendments thereto and recommend
same to the Borough Council.
f.
Consider and make report to the Borough Council within 35 days after
referral as to any proposed development regulation submitted to it
and also pass upon other matters specifically referred to the Planning
Board by the Borough Council.
g.
The Planning Board shall have such other powers as prescribed by
law, including, but not limited to, the power to grant the following
variances, to the same extent and subject to the same restrictions
as the Zoning Board of Adjustment, when the Planning Board is reviewing
applications for approval of subdivision plans, site plans or conditional
uses.
1.
Variance pursuant to Subsection 19-13.2c of this chapter from lot area, lot dimension, setback and yard requirements.
a.
Conflict of interest. No member of the Planning Board or Zoning Board
of Adjustment shall act on any matter in which he has either directly
or indirectly any personal or financial interest. Whenever any such
member shall disqualify himself from acting on a particular matter,
he shall not continue to sit with the board on the hearings of such
matter nor participate in any discussion or decision relating thereto.
b.
Meetings.
1.
Meetings of both the Planning Board and Zoning Board of Adjustment
shall be scheduled no less often than once a month, and any meeting
so scheduled shall be held as scheduled unless cancelled for lack
of applications for development to process.
2.
Special meetings may be provided for at the call of the chairman
or on the request of any two board members, which shall be held on
notice to its members and the public in accordance with all applicable
legal requirements.
3.
No action shall be taken at any meeting without a quorum being present.
4.
All actions shall be taken by majority vote of a quorum except as
otherwise required by a provision of N.J.S.A. 40:55D-1 et seq.
5.
All meetings shall be open to the public. Notice of all such meetings
shall be given in accordance with the requirements of the Open Public
Meeting Law, C. 231, Laws of New Jersey, 1975.
c.
Records.
1.
Minutes of every regular or special meeting shall be kept and shall
include the names of the persons appearing and addressing the Planning
Board or the Zoning Board of Adjustment, and of the persons appearing
by attorney, the action taken by the planning or zoning board, the
findings, if any, made by it and reasons therefor. The minutes shall
thereafter be made available for public inspection during the normal
business hours at the office of the Borough Clerk. Any interested
party shall have the right to compel production of the minutes for
use as evidence in any legal proceedings concerning the subject matter
of such minutes.
2.
A verbatim recording shall be made of every hearing. The recording
of the proceedings shall be made by either stenographer, mechanical
or electronic means. The Borough shall furnish a transcript or duplicate
recording in lieu thereof on request to any interested party at his
expense.
d.
Hearings.
1.
The Planning Board or Board of Adjustment, as the case may be, shall
hold a hearing on each application for a request for site plan or
subdivision approval, zoning variance, conditional use, appeal, interpretation
or direction for the issuance of a permit.
2.
The chairman presiding at the hearing (or such person as he may designate)
shall have power to administer oaths and issue subpoenas to compel
the attendance of witnesses and the production of relevant evidence,
including witnesses and documents presented by the parties, and the
provisions of the County and Municipal Investigations Law, P. L. 1953,
C.38 (N.J.S.A. 2A:67A-1 et seq.).
3.
The testimony of all witnesses relating to an application shall be
taken under oath or affirmation by the chairman, and the right of
cross-examination shall be permitted to all interested parties through
their attorneys, if represented, or directly, if not represented,
subject to the discretion of the presiding officer and to reasonable
limitations as to time and number of witnesses.
4.
Technical rules of evidence shall not be applicable to the hearing,
but the planning or zoning board may exclude irrelevant, immaterial
or unduly repetitious evidence including testimony.
e.
Notice of applications (N.J.S.A. 40.55D-12).
1.
2.
Responsibilities of the applicant.
(a)
Notice of a hearing requiring public notice pursuant to this
subsection shall be given by the applicant as follows at least ten
days prior to the date of the hearing:
(1)
By publication in the official newspaper of the Borough, if
there is one, or in a newspaper of general circulation in the Borough.
(2)
To all owners of real property as shown on the current tax duplicate
located within 200 feet in all directions of the property which is
the subject of the hearing, which notice shall be given by serving
a copy thereof on the property; or mailing a copy thereof by certified
mail to the property owner at his address as shown on the current
tax duplicate. It is not required that a return receipt be obtained.
Notice is deemed complete upon mailing (N.J.S.A. 40:55D-15).
(3)
Notice to a partnership owner may be made by service upon any
partner; notice to a corporate owner may be made by service upon its
president, a vice president, secretary or other person authorized
by appointment or by law to accept service on behalf of the corporation.
(4)
To the clerk of any adjoining municipality or municipalities
and to the county Planning Board when the property involved is located
within 200 feet of the adjoining municipality or municipalities, which
notice shall be given by personal service or certified mail.
(5)
To the county Planning Board when the application for development
involves property adjacent to an existing county road or proposed
road shown on the official county map or county master plan or adjoins
other county land.
(6)
To the Commissioner of Transportation of the State of New Jersey
when the property abuts a State highway.
(7)
To the Director of the Division of State and Regional Planning
in the Department of Community Affairs when the hearing involves an
application for development of property which exceeds 150 acres or
500 dwelling units, in which case the notice shall include a copy
of any maps or documents required to be on file with the Borough Clerk
pursuant to N.J.S.A. 40:55D-10b.
(8)
All taxes and municipal assessments due must be paid prior to
any application being heard by either the Zoning Board of Adjustment
or the Planning Board.
(b)
Upon the written request of an applicant or his agent and the
payment of a fee of twenty-five ($0.25) cents per name or ten ($10.00)
dollars whichever is more, either the Borough Clerk or the tax assessor
shall make and certify a list from the current tax duplicates of names
and addresses of owners within the Borough to whom the application
is required to give notice. The applicant shall be entitled to rely
upon the information contained in such list, and failure to give notice
to any owner not on the list shall not invalidate the hearing or proceeding.
(Note: For the names and addresses of property owners in adjacent
municipalities, when required, contact the respective clerks.)
3.
Contents of notice. The notice shall state the date, time and place
of the hearing and the nature of the matters to be considered, and
an identification of the property proposed for development by street
address, if any, or by reference to lot and block numbers as shown
on the current tax duplicate in the Borough Tax Assessor's office,
and the location and times at which any maps or documents for which
approval is sought are available for inspection.
Any decision of the Planning Board or Zoning Board of Adjustment
when acting upon any application for development and any decision
of the Borough Council when acting upon an appeal shall be given notice
in the following manner:
a.
A copy of the decision shall be mailed to the applicant or appellant,
or if represented, then to his attorney, without charge, and for a
reasonable charge to any interested party who has requested it, not
later than ten days after the date of the decision.
b.
A brief notice of the decision shall be published in the official
newspaper of the Borough if there be one or in a newspaper of general
circulation in the Borough. Such publication shall be arranged by
the secretary of the board and paid for by the applicant.
c.
A copy of the decision and all submitted documents of record shall
be filed with the Borough Clerk.
All approvals heretofore or hereafter granted by the Planning
Board, Zoning Board of Adjustment or Borough Council reviewing a development
application on appeal must be acted upon within the period of time
established in the resolution of the development board reviewing the
application, provided, however, that such period of time shall not
exceed one year. In the event the approval is not acted upon within
the aforesaid period, the applicant may make a request in writing
to the board granting the development application for an extension
of the approval for a period not to exceed one year. The power to
grant such extension shall be within the sole discretion of the development
board and shall be made by resolution of the board without additional
notification requirements as provided in this chapter or as set forth
in N.J.S.A. 40:55D-12.
The Planning Board and Board of Adjustment have certain overlapping
powers designed to expedite the review process. Their respective responsibilities
are outlined below:
a.
Powers of the Planning Board.
1.
The Planning Board shall have the power to grant subdivision or conditional
use approval simultaneously with site plan approval.
2.
The Planning Board shall have the power to act in lieu of the Board of Adjustment and subject the same extent and restrictions of the Board of Adjustment on the following matters. Whenever relief is requested pursuant to this section, the public notice shall include reference to the request for a variance or direction for issuance of a permit, as the case may be. (See Subsection 19-13.6e for "Notice of Applications" requirements.)
(a)
Grant variances pursuant to N.J.S.A. 40:55D-60c from lot area,
lot dimensional, setback and yard requirements; provided that relief
pursuant to this subsection from lot area requirements shall not be
granted for more than one lot.
(b)
Direct pursuant to N.J.S.A. 40:55D-34 for issuance of a permit
for a building or structure in the bed of a mapped street or public
drainageway, flood control basin or public area reserved pursuant
to N.J.S.A. 40:55D-34.
(c)
Direct pursuant to N.J.S.A. 40:55D-36 for issuance of a permit
for a building or structure not related to a street.
b.
Board of adjustment action in lieu of Planning Board.
1.
The Board of Adjustment shall have the power to grant, to the same
extent and subject to the same restrictions as the Planning Board,
site plan, subdivision or conditional use approval when reviewing
an application for approval of a "use variance" pursuant to N.J.S.A.
40:55D-70d.
2.
Whenever relief is requested pursuant to this section the public
notice shall include reference to the request for a variance. (See
Subsection 19-13.63 for Notice of Applications requirements.)
a.
Subdivision Approval. All subdivisions, as defined under § 19-7, are subject to the review procedures outlined below. In addition, subdivisions shall be designed pursuant to the requirements in "Residential Site Standards" now codified at N.J.A.C. 5:21 et seq.
b.
Site Plan Approval. Except as hereinafter provided, no construction permit shall be issued for any structure or use until a site plan has been reviewed and approved by the appropriate board, except that a subdivision or individual lot application for detached one or two dwelling unit buildings and their accessory building(s) shall not require site plan approval. For development meeting the most current definition of "major development" pursuant to the Stormwater Management Rules, now codified at N.J.A.C. 7:8 et seq., non-structural stormwater strategies shall be incorporated into the design, per Chapter 2 of the Best Management Practices (BMP) Manual.
1.
Site plan approval for expanded use. The provisions of paragraph
b. (Site Plan Approval) above shall apply to any use which is being
expanded as well as to any building or structure as provided for above.
This means that if any applicant that would normally be subject to
site plan approval in the event of expanding the physical structure
or building expands his or her business use without modifying the
structure, they shall be subject to the provisions and site plan requirements
of the within ordinance.
A sketch plat is required of all applicants seeking a subdivision
prior to subdividing or resubdividing for the purpose of classification
and initial discussion so that they may obtain the advice of the Planning
Board in the formative stages of the design and for the purpose of
assuring maximum coordination with the master plan.
a.
Procedure for submitting sketch plat.
1.
Submit to the administrative officer, at least three weeks prior to the regular meeting of the board, ten copies of the sketch plat of the proposed subdivision for the purposes of classification, preliminary discussion and appropriate action; three copies of the application; and a fee (See § 19-16). The administrative officer shall issue an application number. Once an application has been assigned a number, such number shall appear on all papers, maps, plats and other documents submitted for processing in conjunction with the subdivision. Applications submitted two weeks before the meeting may be heard at the discretion of the Planning Board.
2.
At least two weeks prior to the next regular meeting of the Planning
Board, the secretary or clerk of the Planning Board shall forward
two copies of the sketch plat, deed or easement (if required for county
purposes) and one copy of the application to the county Planning Board
for their review; one copy of the sketch plat to the Borough Engineer;
one copy of the application and sketch plat shall be retained for
the Planning Board's file; and the remaining copies of the sketch
plat and one copy of the application forwarded to the Planning Board.
b.
Action by the Borough.
1.
The board shall take action on sketch plat applications within 45
days after the submission of a complete application or within such
further time as may be consented to by the applicant.
2.
Classification and approval shall be deemed to be final approval of minor subdivisions by the Planning Board. Prior to such classification and approval, the board should review the proposed minor subdivision to insure that the sketch plat is in accordance with the definition of minor subdivision as stipulated in § 19-7 of this chapter and that the details and specifications indicated in Subsection 19-4.4 have been met.
3.
No lot(s) shall be created which is (are) determined by the board
to be unsuitable for the intended use for reason of flooding, inadequate
drainage, soil formations with severe limitations for development,
susceptibility to severe erosion potential, unfavorable topography,
or any other feature harmful to the health, safety and welfare of
the future residents or property owners of the proposed subdivision
or the Borough at large.
4.
Any subdivision determined by the board to be creating, imposing,
aggravating or leading to the possibility of an adverse effect upon
either the original property being subdivided or upon any adjacent
properties may be required to be revised by the subdivider to remove
such adverse effect(s) prior to further review, classification or
approval by the board; or where the remaining portion of the original
tract is of sufficient size to be subdivided further, the subdivider
may be required to submit a sketch plat of the entire remaining portion
of the tract to indicate a feasible plan whereby the applied for subdivision,
together with subsequent subdivision(s), will not create, impose or
aggravate or lead to any such adverse effect.
5.
The subdivision committee, if appointed, shall review sketch plat
for classification purposes and discuss the proposed plan as it relates
to the master plan, development ordinance and the design standards
and improvement requirements of this chapter. The subdivision committee
shall offer its comments and recommendations to the board at a regularly
scheduled meeting of the board within 45 days of the submission of
the application to the administrative officer. Should the application
be determined by the board either to be incomplete or require substantial
revisions, the applicant shall be notified within the 45 day time
period and may thereafter submit an appropriately revised application
to the administrative officer as in the first instance.
6.
If the sketch plat is considered for classification as a minor subdivision,
the board shall act on the proposed plat within 45 days of its complete
and proper submission to the administrative officer or within such
further time as may be consented to by the applicant. Failure of the
Planning Board to act within the prescribed time period shall constitute
minor subdivision approval. If classified as a minor subdivision by
majority action of the board, a notation to that effect, including
the date of classification, shall be made on the master copy. All
prints of the plat shall be signed by the chairman and secretary of
the board (or the acting chairman or secretary where either or both
may be absent) and returned to the subdivider within one week thereof.
No further approval of the subdivision shall be required. In the event
the same is disapproved by the board, the secretary of the board shall,
within three days of such action, notify the subdivider of such disapproval
and reasons therefor. In acting on the application, the Borough shall
consider a report received, in writing, from the county Planning Board
within 30 days after their receipt of the plat. If a reply is not
received from the county Planning Board within 30 days, the sketch
plat shall be deemed to have been approved by them.
7.
A plat map drawn in compliance with such approval and the Map Filing
Act, P.L. 190c. 141 (N.J.S.A. 46:23-9.9 et seq.) or deed clearly describing
such subdivision shall be filed by the subdivider with the county
recording officer within 190 days from the date of approval by the
board of the minor subdivision sketch plat. Unless filed within the
190 days, the approval shall expire and will require board approval
as in the first instance. The zoning requirements and general terms
and conditions, whether conditional or otherwise, upon which minor
subdivision approval was granted shall not be changed for a period
of two years after the date of minor subdivision approval by the board,
provided that the approved minor subdivision shall have been duly
recorded as provided in this section.
8.
The sketch plat shall be classified within 45 days of its complete and proper submission to the administrative officer or within such further time as may be consented to by the applicant. When classified as a major subdivision, a notation to that effect shall be made on the plat, which shall be returned to the subdivider for compliance with the procedures in Subsections 19-14.5 and 19-14.8.
a.
The submitted sketch plat shall be based on tax map information or
some other similarly accurate base and shall be neatly and accurately
drawn. The following information shall be included:
1.
The location of that portion which is to be subdivided in relation
to the entire tract;
2.
All existing structures and wooded areas within the portion to be
subdivided and within 100 feet thereof;
3.
The name of the owner and of all adjoining property owners as disclosed
by the most recent municipal tax records;
4.
The tax map sheet, block and lot numbers;
5.
All existing and proposed streets and roads and bodies of water within
200 feet of the subdivision;
6.
All proposed lot lines and existing lot lines proposed to be eliminated;
7.
Building setback lines as specified in this chapter;
8.
The approximate location and approximate width of all existing and
proposed utility easements in the area to be subdivided;
9.
Zoning district boundaries affecting the tract;
10.
North arrow;
11.
Scale of plat and date of latest revisions;
12.
Area of the entire tract and area being subdivided to the nearest
tenth of an acre;
13.
The number of new lots created;
14.
Name and address of owner, subdivider and person preparing plat;
and
15.
A key map showing the entire subdivision and its relationship to
the surrounding areas at a scale of one inch equals not more than
2,000 feet.
b.
Special details and specifications required of proposed minor subdivision
prior to classification. No plat shah be classified as a minor subdivision
unless drawn by a professional engineer and/or land surveyor licensed
to practice in the State of New Jersey and shall bear the signature,
seal and license number and address of the professional engineer and/or
land surveyor. The sketch plat shall be based on tax map information
or some other similarly accurate base at a scale not less than 50
feet to the inch on one of four standard sizes, namely 8-1/2X13, 15X21
inches, 24X36 inches, or 30X42 inches, to enable the entire tract
to be shown on one sheet and shall show or include the following information:
1.
Contours as shown on the U.S.G.S. topographic sheets.
2.
Marshes, ponds and land subject to flooding in the subdivision and
within 100 feet thereof.
3.
All areas designated as wetlands under the New Jersey Wetlands Act
of 1970 (N.J.S.A. 13:0A-1 et seq.) or so state if there are none.
No plat shall be classified as a minor subdivision which contains
designated "wetlands" unless accompanied by written approval from
the New Jersey Department of Environmental Protection, Bureau of Marine
Lands Management.
4.
All areas under the jurisdiction of the Coastal Area Facilities Review
Act (N.J.S.A. 13:19-21) shall be shown, or it shall be so stated if
there are none.
A preliminary plat is required of all subdivisions classified
as major subdivisions at the sketch plat stage and of all development
proposals requiring site plan review.
a.
Procedure for submission of preliminary plat.
1.
A preliminary plat shall be submitted to the administrative officer
at least three weeks prior to the regular meeting of the Planning
Board. It shall be submitted in at least ten copies and shall be accompanied
by three copies of the application forms for preliminary approval,
three copies of any protective covenants or deed restrictions applying
to the land being subdivided and the application fee. Applications
submitted two weeks before the meeting may be heard at the discretion
of the Planning Board.
2.
Upon receipt of the necessary material from the applicant, the administrative
officer shall forward the copies to the secretary of the Planning
Board. The secretary of the Planning Board shall be responsible for
supplying copies of the plat to the county Planning Board, New Jersey
Commissioner of Transportation and adjacent municipalities for those
development applications requiring public notice and county Planning
Board review as required in the municipal land use law.
3.
Hearings held on all applications for preliminary subdivision approval and preliminary site plan approval shall require public notice of the hearing. The board shall set the date, time and place for the public hearing and shall inform the applicant of this at least 20 days prior to the hearing date. Notice of the hearing shall be given by the applicant at least ten days prior to the date of the hearing (See Subsection 19-13.6e).
b.
Action by the Borough. Upon the submission of a complete application for a site plan for ten acres of land or less and/or subdivision containing ten lots or less, the Planning Board shall grant or deny preliminary approval within 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 of more than ten acres and/or subdivision containing more than ten lots, or whenever an application includes a request for relief pursuant to Subsection 19-14.1a2 of this chapter, the board shall grant or deny preliminary approval within 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.
1.
Upon the submission of a complete application for a site plan and/or subdivision pursuant to Subsection 19-14.1b of this chapter, the Zoning Board of Adjustment shall grant or deny preliminary approval within 120 days of the date of such submission or within such further time as may be consented to by the developer.
2.
The board shall have the power to grant such exceptions from the
requirements for site plan approval as may be reasonable if the literal
enforcement of one or more provisions of the chapter is impracticable
or will exact undue hardship because of peculiar conditions pertaining
to the land in question.
3.
Should minor revisions or additions to the plan be deemed necessary,
the board may grant preliminary approval subject to specified conditions.
Should major revisions to the plan be deemed necessary, the board
shall require that an amended plan be submitted and proceeded upon
as in the case of the original application for preliminary approval.
c.
Effect of preliminary approval. Preliminary approval shall confer
upon the applicant the following rights for a three year period from
the date of the 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 dimensions; and off-tract improvements; and
2.
That the applicant may submit for final approval, on or before the
expiration date of preliminary approval, the whole or a section or
sections of the preliminary subdivision; and
3.
That the applicant may apply for and the board may grant extensions
on such preliminary approval for additional periods of at least one
year, but not to exceed a total extension of two years, provided that
if the design standards have been revised by ordinance, such revised
standards may govern.
The preliminary plat shall be clearly and legibly drawn or reproduced
at a scale of not less than one inch equals 100 feet. Preliminary
plats shall be drawn by a professional engineer or licensed land surveyor.
a.
Subdivision plat details.
1.
A key map showing the entire subdivision and its relation to the
surrounding areas at a scale of one inch equals not less than 2,000
feet;
2.
Title block:
(a)
Name of subdivision, municipality and county;
(b)
Name and address of subdivider;
(c)
Name and address of the owner or owners of record and the names
and addresses of all property owners within 200 feet of the extreme
limits of the subdivision as shown on the most recent tax list prepared
by the tax assessor;
(d)
Name, address, signature and license number of the professional
person who prepared the drawing;
(e)
Acreage of tract to be subdivided to nearest tenth of an acre;
and
(f)
Total number of proposed lots;
3.
Scale and north arrow;
4.
Date of original preparation and/or each subsequent revision thereof;
5.
Existing block and lot numbers of the tract(s) to be subdivided as
they appear on the municipal tax map, and proposed block and lot numbers
as provided upon request from the Borough tax assessor;
6.
Subdivision boundary line (heavy solid line);
7.
The location of existing and proposed property lines, streets, buildings
(with an indication as to whether existing buildings will be retained
or removed), water courses, railroads, bridges, culverts, drain pipes,
and any natural features such as wetlands to the proper scales, within
the tract.
8.
Street rights-of-way within the subdivision and within 100 feet of
its boundaries;
(a)
Name of each street;
(b)
Location and width;
(c)
Center-line elevation at intersections and other critical points;
(d)
Typical cross-section and center-line profiles for all proposed
new streets. They shall clearly indicate the type and width of pavement
and location of curbs and sidewalks, if any, and tree planting strips.
At intersections, any existing or proposed sight triangles and the
radius of curblines shall be clearly indicated;
11.
All utilities serving the subdivision including water, gas and sanitary
and storm sewers;
12.
The preliminary plat shall show all areas designed as "wetlands"
under the New Jersey Wetlands Act of 1970 (N.J.S.A. 13:9A-1 et seq.)
or so state if there are none. Plats containing wetlands shall be
accompanied by written approval of the proposed subdivision and improvements
from the New Jersey Department of Environmental Protection, Bureau
of Marine Lands Management.
13.
The preliminary plat shall indicate whether the proposed subdivision
is within the jurisdiction of the Coastal Area Facilities Review Act.
(N.J.S.A. 13:9-21);
14.
A certification from the tax collector that all taxes, municipal
assessments and penalties are paid to date shall accompany the preliminary
plat;
15.
A copy of any protective covenants or deed restrictions applying
to the land being subdivided shall be submitted with the preliminary
plat; and
16.
The proposed permanent monuments shall be shown.
b.
Site plan details.
1.
Boundaries of the tract; north arrow; date; scale; zone district(s)
in which the lot(s) are located; existing and proposed streets and
street names; the proposed finished grades on site; title of plans;
easements; total building coverage in square feet and percent of lot;
total number of parking spaces; all dimensions needed to confirm conformity
to the zoning ordinance, such as, but not limited to, buildings, lot
lines, parking spaces, setbacks and yards; a small key map giving
the general location of the parcel to the remainder of the municipality;
and the site in relation to an remaining lands in the applicant's
ownership.
2.
Each site plan submitted to the Borough for approval shall have the
following information shown thereon or be annexed thereto:
(a)
Size, height, location and arrangement of all existing and proposed
buildings, structures and signs in accordance with the requirements
of this chapter, including a rendering of a typical building and sign.
Such plans shall indicate those buildings to remain, the building
design(s) and material(s) to be used, the proposed use(s) and the
floor plan(s).
(b)
Proposed circulation plans, including access streets, curbs,
aisles and lanes, easements, fire lanes, driveways, parking spaces,
loading areas, loading berths or docks, pedestrian walks, and an related
facilities for the movement and storage of goods, vehicles and persons
on the site in accordance with applicable requirements of this chapter,
including the location of lights, lighting standards and signs and
driveways within the tract. Sidewalks shall be provided from the primary
building entrances and exits along expected paths of pedestrian travel,
such as, but not limited to, access to parking lots, driveways, other
buildings on the site, and across common yard spaces between buildings
where pedestrian traffic can be expected and driveways which shall
adhere to applicable requirements of this chapter.
(c)
Existing and proposed buffer areas and landscaping shall be
shown on a plan. The landscaping plan, including seeded and/or sodded
areas, grading, retaining walls, fencing, signs, recreation areas,
shrubbery, trees and buffer areas, shall be in accordance with applicable
requirements of this chapter. These plans shall show the location
and type of any man-made improvements and the location, species and
caliber of plant material for all planted or landscaped areas.
(d)
The proposed location of all drainage, sewage and water facilities
with proposed grades, sizes, capacities and types of materials to
be used, including any drainage easements acquired or required across
adjoining properties.
(e)
A written description of the proposed operations of the building(s),
including the number of employees or members of nonresidential buildings;
the proposed number of shifts to be worked and the maximum number
of employees on each shift; expected truck and tractor-trailer traffic;
emission of noise, glare, air and water pollution; safety hazards;
and anticipated expansion plans incorporated in the building design.
(f)
All lands under the control of the State Department of Environmental
Protection and included in the Wetlands Act and/or Coastal Area Facilities
Review Act shall be delineated on the site plan, and appropriate permits
from the department shall be submitted to the board prior to the granting
of site plan approval.
A final plat is required of all major subdivision and development
proposals requiring site plan review.
a.
Procedure for submission official plat.
1.
A final plat shall be submitted to the administrative officer within
three years after the date of the preliminary approval or extension.
The final plat and all supporting drawings and documents shall be
submitted at least three weeks, prior to the regular Planning Board
meeting. Applications submitted two weeks before the meeting may be
heard at the discretion of the Planning Board.
2.
When applying to the board for final approval, the applicant shall
carry out the following steps:
(a)
Incorporate all changes or modifications required by the board
in the approval of the preliminary plat.
(c)
Submit to the administrative officer copies of the final plat
and three copies of the application for final approval. (For subdivisions,
include the original tracings).
(d)
Submit three copies of deeds of dedication for all properties,
including street rights-of-way which are offered to the Borough for
dedication.
(e)
In cases involving subdivision approval, submit a statement
by the Borough Engineer that he is in receipt of a map showing all
improvements in exact locations and elevations, certifying the accuracy
of the details of the plat, identifying those portions already installed
and those to be installed, and that the applicant has complied with
one or both of the following:
b.
Action by the Borough.
1.
Taking into consideration any action by the county Planning Board,
the board shall take formal action, either approving or disapproving
the final plat application, within 45 days of its complete and proper
submission to the administrative officer. If the board approves the
plat, a notation to that effect shall be made on each plat and shall
be signed by the chairman and secretary of the board.
2.
Failure of the board to act within 45 days or a mutually agreed upon
extension shall be deemed to be favorable approval, and the secretary
of the board shall issue a certificate or letter to that effect.
3.
The final subdivision plat shall be filed by the applicant with the
county recording officer within 95 days from date of approval. No
approved plat shall be accepted for filing by the county recording
officer unless it has been duly approved by the Borough Planning Board
and the county Planning Board (or acting chairman and acting secretary)
and the county planning director or his representative. In the event
of a failure to file within the 95 days, the approval of the major
subdivision shall expire, and any further proceedings shall require
the filing of a new plat. The Borough Council, for good cause shown,
may extend the time for filing for an additional time period not to
exceed 95 days. If approval has expired, a final plat may be resubmitted
to the Planning Board if it is done so within three years of the date
of preliminary plat approval. The applicant must submit a sketch plat
as in the first instance if three years have elapsed since the date
of preliminary plat approval.
c.
Effect of final approval. Final approval shall confer upon the representative.
In the event of a failure to file within the 95 days, the approval
of the major subdivision shall expire, and any further proceedings
shall require the filing of a new plat. The Borough Council, for good
cause shown, may extend the time for filing for an additional time
period not to exceed 96 days. If approval has expired, a final plat
may be resubmitted to the Planning Board if it is done so within three
years of the date of preliminary plat approval. The applicant must
submit a sketch plat as in the first instance if three years have
elapsed since the date of preliminary plat approval.
d.
Effect of final approval. Final approval shall confer upon the applicant
the following rights for a two year period from the date of final
approval;
1.
The zoning requirements applicable to the preliminary approval first
granted and all other rights conferred upon the developer, whether
conditionally or otherwise, shall not be changed.
2.
If the developer has followed the standards prescribed for final
approval, the board may extend the period of protection for extensions
of one year each, not exceeding three such extensions.
a.
Subdivision plat details. The final plat shall be prepared at a scale
of not less than one inch equals 50 feet in accordance with the New
Jersey Map Filing Law (N.J.S.A. 46:23-9.9 to 23-9.16) and contain
the following information:
1.
Date of submission, name and location of the subdivision, and the
name of the owner;
2.
Graphic scale and reference meridian; at least one corner of the
subdivision shall be tied to New Jersey Plane Coordinate Data with
a description on the plat as to how the bearings were determined,
provided a grid coordinate control point is situated within one mile
distance from the proposed subdivision;
3.
Tract boundary lines, street rights-of-way lines, street names, easements
(and other rights-of-way), land to be dedicated to public use, lot
lines and other site lines, bearings or deflection angles and radii,
arcs and center angles of all curves;
4.
Designation of the purpose of any easement of land set aside for
public use, and a notation of proposed use on any nonresidential sites;
5.
Zoning boundaries and the zoning designation of all adjacent lands;
6.
Block and lot numbers in conformity with existing tax map procedures;
7.
Minimum building setback lines as specified in the development ordinance.
8.
Location and description of monuments set and monuments to be set;
9.
The final plat shall be accompanied by the following documents:
(a)
Certification from the tax collector that all taxes, municipal
assessments and penalties are paid to date;
(b)
Certification that the applicant is the owner of the land or
his properly authorized agent, or that the owner has given consent
under an option agreement;
(c)
Cross-section and profile drawings of streets as approved by
the Borough Engineer; and
(d)
Plans and profiles of storm and sanitary sewers and water mains
as approved by the Borough Engineer.
The Planning Board may waive any of the requirements or details
required to be shown on subdivision or site plan in any given application
if the board determines that certain requirements or specifications
are not necessary to be shown in order to insure that the subdivision
or site plan conforms to the standards of good planning and will not
have a deleterious effect on neighboring property.
a.
The Borough may require upon approval of a development that the applicant
enter into a developers agreement with the Borough of Point Pleasant
Beach to ensure that the project is completed in accordance with the
resolution of approval adopted by the municipal land use board.
b.
Form of Developers Agreement, Deeds and Easements. The form of developers
agreement, as well as any deeds or easements to be conveyed to the
Borough, shall be in a form acceptable to the Borough of Point Pleasant
Beach Attorney. Prior to these documents being prepared, the person
responsible for preparing the documents for the applicant must contact
the Borough of Point Pleasant Beach's Attorney's office in order to
make sure that the approved form of developer agreement, deed or easement
is used. Furthermore, simultaneously with the Borough of Point Pleasant
Beach's Attorney reviewing the deeds or easements, the applicant must,
at a minimum, provide a title report providing clear title to the
Borough of Point Pleasant Beach, or an updated search, or an opinion
letter from the applicant's attorney that there are no liens and that
the deed or easement conveys clear title.
c.
Fees and Escrow Deposits. The phrase "professional costs incurred by the Borough in reviewing an application for development" in Subsection 19-16.1b shall include the Borough, the Borough Attorney and the attorney for the relevant municipal board. This is to require that an applicant reimburse the Borough of Point Pleasant Beach for the cost the Borough of Point Pleasant Beach incurs in the Borough of Point Pleasant Beach's Attorneys reviewing documents submitted by the applicant, including, but not limited to, developers agreements, deeds and/or easements.
The developer shall comply with the following requirements and principle in the design of each development or portion thereof. Prior to the granting of final approval, the developer shall have installed or, at the option of the Planning Board, shall have furnished performance guarantees in accordance with § 19-16 of this chapter for the ultimate installation or protection of the items required by this section.
The development shall conform to design standards that will
encourage a coordinated, well planned community with provisions for
desirable services and circulation facilities. The development shall
conform to the proposals and conditions shown on the official map
and the master plan.
a.
Developments shall be served by paved public streets and all new
streets shall be graded and provided with all weather base and pavement
with an adequate crown in keeping with Borough specifications and
standards.
b.
The arrangement of streets shall be such as to provide for the appropriate
continuous extension of existing, mapped or potential streets.
c.
No development showing reserve strips controlling access to another
area, either developed or undeveloped, shall be approved except where
the control and disposal of land comprising such strips has been given
to the governing body after recommendation by the board.
d.
Developments that adjoin or include streets that do not conform to
widths as shown on the master plan, official map or the street width
requirements of this chapter, shall dedicate additional width along
one or both sides of the road. If the development is along one side
only, one-half of the required extra width shall be dedicated.
e.
The pavement width of streets and the quality of surfacing and base
materials shall adhere to the minimum standards set forth by the Borough,
county or State engineers when the paving concerns roads under their
jurisdiction and where such standards exist.
f.
Street intersections shall be as nearly at right angles as is possible
and in no case shall be less than 60 degrees. No more than two streets
shall meet or intersect at any one point and the center lines of both
intersecting streets shall pass through a common point, two intersections
shall be spaced at a minimum of 300 feet. The block corners at intersections
shall be rounded at the curbline with the street having the highest
radius requirement as outlined below, determining the minimum standards
for all curblines: arterials - 40 feet; collectors - 35 feet; local
streets - 30 feet. Sight triangle easements shall be dedicated as
follows: The area bounded by the right-of-way lines and a straight
line connecting "sight points" on street center lines which are the
following distances from the intersection of the center lines. (See
exhibits in this chapter)
1.
Where two arterial streets intersect, two overlapping sight triangles
shall be required formed by 200 feet and 90 feet on each arterial.
These requirements shall also apply when a county road and State highway
intersect.
2.
Where two collector streets intersect, two overlapping sight triangles
shall be required formed by 200 feet and 90 feet on each collector.
These requirements shall also apply when two county roads intersect.
3.
Where two local roads intersect, 90 feet on both roads. At intersections
involving a combination of roads, sight triangles shall be designed
according to the standards outlined above for the respective roads.
g.
Subdivisions affecting or involving county roads shall adhere to
the design standards for such as set forth in the subdivision resolution
of the county Planning Board.
h.
Street specifications.
1.
The minimum requirements of any new street shall be constructed according
to the specifications and procedures as set forth in the New Jersey
State Highway Department Standard Specification (1961) with addenda.
2.
The thickness of bituminous surface, subbase, the type of subsoil
aggregate and paving aggregate shall be constructed and applied according
to "Standard Specifications for Road and Bridge Construction" New
Jersey Department of Transportation, as amended or modified by Borough
Engineering standards. 1
3.
The work shall be inspected through the course of construction by
the Borough Engineer or his duly authorized representative, who shall
be notified 48 hours before any work is started or continued.
a.
There shall be two metal street sign posts of steel installed at
each street intersection and at such places as noted below. The post
shall be two and one-half inches in diameter and not less than 12
feet in length. The post shall be set in concrete having a diameter
of one foot and a depth of at least three feet in the ground. The
street signs shall be metal and conform with existing signs as approved
by the Borough Engineer.
b.
Where traffic control signs are deemed necessary by the board, subdivider
or Borough Engineer for Borough, county or State highways, the proper
Borough, county or State official shall be informed of the proposed
installation in order that the proper agency may consider the necessity
of the installation at its own expense.
All street name and traffic control signs shall be installed
free of visual obstruction.
[Ord. No. 2014-21; amended 9-15-2020 by Ord. No. 2020-18]
a.
Curbs, gutters and catch basins shall be adequate to handle the maximum
water runoff from tributary lands.
b.
Concrete curbs and gutters shall be constructed in accordance with
New Jersey State Highway Specifications for Curbs and Gutters, as
amended or as modified by Borough Engineering standards.
c.
The concrete to be used for curbs and gutters shall be class B concrete
as specified in the New Jersey Highway Specifications for Curbs and
Gutters.
d.
The curb shall be laid in a workmanlike manner as directed and approved
by the Borough Engineer.
e.
The curb at all delivery openings shall be depressed at the front
of the curb to a point 1 1/2 inches above the finished pavement.
f.
The rear top corner of this curb shall have a radius of 1/4 inch,
and the front top corner shall have a radius of 1 1/2 inches.
g.
Curb openings shall be in such width as shall be determined by the
Borough Engineer but in no case more than 16 feet at the edge of the
pavement.
h.
Curb inlets will be required to meet the Phase II municipal stormwater
requirements.
i.
No single- or two family residences shall be permitted to have more
than a single curb cut. All curb cut/driveway entrances constructed
in the residential zones of the Borough, as designated by the zoning
ordinance, shall be not less than 10 feet and not more than 13 feet
in width for a one-car garage, and not less than 13 feet and not more
than 16 feet in width for a two- or more car garage.
[Ord. #1979-2, § 900; Ord. #2006-42, § 1;
Ord. #2010-46, § 9; amended 9-15-2020 by Ord. No. 2020-18]
a.
Sidewalks shall be four feet wide and located within the street right-of-way.
b.
The street right-of-way outside the curbline shall be graded to produce
a slope of 1/4 inch per foot, sloping toward the curb. This slope
shall be applied to the sidewalks.
c.
Sidewalks shall be sloped away from the streets, to neighborhood
lawns, for water quality and disconnection of impervious surfaces,
where applicable, as deemed appropriate by the Board Engineer and/or
Borough Engineer based upon specific site conditions.
[Amended 2-16-2021 by Ord. No. 2021-08]
d.
Where sidewalk is being installed or replaced, effort shall be made
to shift the sidewalk away and around any existing or proposed street
trees so as not to disturb their root structure and to provide additional
room for tree growth.
e.
Notwithstanding any provisions to the contrary in Section 19-15, 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 site plan approval granted by the Borough of Point Pleasant Beach Planning Board or Borough of Point Pleasant Beach Board of Adjustment. The proposed curbing shall be designed and constructed in accordance with the requirements of Chapter 19, and the proposed sidewalk shall be designed and constructed in accordance with the requirements of Chapter 19, all as set forth in the Codified Ordinances of the Borough of Point Pleasant Beach.
f.
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
to install curbing and sidewalks along all street frontages of the
subject property by agreeing to pay a sum to the Borough of Point
Pleasant Beach Pedestrian Safety Fund equal to the cost of said curbing
and sidewalk. Said cost shall be determined by the Borough Engineer
based on documented constructions 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 sidewalks 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 of installing
such improvements in or adjacent to the subject property due to exceptional
topographic conditions, drainage concerns and/or deleterious impact
to surrounding properties as a result of the installation of such
improvements.
(c)
The recommendation of the Board or Board Engineer.
g.
Borough of Point Pleasant Beach Safety Fund.
1.
There
is hereby established the Borough of Point Pleasant Beach 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
Beach.
3.
All
monies paid by the developers in accordance with this subsection shall
be deposited into said 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.
Monuments shall be installed in compliance with the requirements
of N.J.S.A. 46:23-9.11(9).
a.
A preliminary grading and drainage system plan shall be part of the
preliminary plat. It shall indicate, in general terms, a proposal
for an adequate system of drainage structures to carry off and store
or discharge the storm water run-off and natural drainage water which
originates not only within the property boundaries, but also that
which originates beyond property boundaries. The use of vegetated
swales as an adequate system of drainage, in lieu of inlets and pipes,
may be allowed, as deemed appropriate by the Board Engineer based
upon specific site conditions.
b.
Drainage structures which are located on State or county highways
rights-of-way shall be approved by the State or county highway engineer's
office, and a letter from that office indicating such approval shall
be directed to the chairman of the board and shall be received prior
to the final plat approval rights-of-way shall be approved by the
State or county engineer's office, and a letter from that office indicating
such approval shall be directed to the chairman of the board and shall
be received prior to the final plat approval.
c.
The public improvement and utility plans and profiles shall show
the final drainage plan and street profiles. They shall be prepared
and submitted with the final plat after the approval of the preliminary
plat and drainage plan.
d.
No storm water run-off or natural drainage water shall be so diverted
as to overload existing drainage systems or create flooding or the
need for additional drainage structures on other private properties
or public lands without proper and approved provisions being made
for taking care of these conditions.
e.
The drains or culverts shall consist of sections of cast iron, reinforced
concrete pipe or asbestos cement storm pipe. All pipe shall comply
with the requirements of the current New Jersey State Highway Department
Specifications governing materials.
f.
The location, length, depth, grade, type and the size of pipe shall
be installed as indicated on the approved plans except where unusual
or exceptional soil or other conditions are discovered at the time
of construction which are not provided for in the plans, in which
case such construction shall be determined by the Borough Engineer.
Trenches shall be bridged at all street crossings, intersecting streets
and public and private entrances in such a manner that traffic will
not be interrupted.
g.
The contractor shall have a sufficient quantity of timber and equipment
constantly on hand for planking, sheet piling, fencing or shoring,
and adequate pumping apparatus to meet all requirements of construction
for use in case of accident or emergency.
[Ord. #1979-2, § 1000; Ord. #1981-17, § 11;
Ord. #1986-6; Ord. #1987-16, § 1; Ord. #1997-10, § 2;
Ord. #2001-07; Ord. #2004-39, § 1]
a.
Nonrefundable Application Fee. The following nonrefundable application
fees have been established to defray the administrative and clerical
costs of operating the Planning Board and the Zoning Board of Adjustment
exclusive of legal, planning, engineering and other professional costs
incurred in reviewing applications. These fees shall be payable to
the Borough at the time an application for development is filed. Additionally,
applicants shall pay a review fee escrow deposit and execute an escrow
agreement as provided in paragraph b below. Proposals involving more
than one fee shall pay a fee equal to the sum of the fees for component
parts of the proposal. In the event any development application requires
more than two hearings, other than any requested special meetings,
the applicant shall pay an additional application fee of two hundred
($200.00) dollars for each hearing date.
[Amended 2-16-2021 by Ord. No. 2021-08]
|
Nonrefundable Application Fees
| |
|---|---|
|
Informal review
|
$100
|
|
Minor subdivision
|
$100
|
|
Major subdivision:
| |
|
Sketch plat
|
$100
|
|
Preliminary plat
|
$100
|
|
Final plat
|
$100
|
|
Major site plans:
| |
|
Preliminary plat
|
$200
|
|
Final plat
|
$200
|
|
Conditional uses
|
$200
|
|
Interpretation of Zoning Map or Ordinance
|
$100
|
|
Hear and decide appeals of administrative official
|
$100
|
|
Variance pursuant to 40:55D-70C
|
$225 each
|
|
Variance pursuant to 40:55D-70D
|
$500 each
|
|
Zoning change request
|
$100
|
|
Approval extension:
| |
|
Preliminary
|
$100
|
|
Final
|
$100
|
|
Reapproval (minor subdivision)
|
(50% of original fee)
|
|
Plan revision (previously approved)
|
(50% of original fee)
|
|
Administrative approvals
|
$100
|
|
Use variance:
| |
|
Residential
|
$100
|
|
Other uses
|
$200
|
|
Minimum
|
$100
|
|
Building permit in conflict with Official Map or building permit
for lot not related to a street
|
$100
|
|
Special meeting
|
$850
|
|
Design waiver
|
$100
|
|
Interpretation of previous approvals or miscellaneous administrative
approval (where no engineering plans are required)
|
$200
|
b.
Review Fee Escrow Deposits. In addition to the nonrefundable application
fees set forth above, the applicant shall also pay an amount equal
to the legal, planning, engineering and other professional costs incurred
by the Borough in reviewing an application for development. The following
schedule of review fee escrow deposits are estimates of these professional
costs and shall be deposited with the Borough at the time an application
for development is filed. Additionally, applicants shall execute an
escrow agreement, in a form approved by the Borough Council, consenting
to pay these review costs and specifically stating that in the event
the fees imposed are not paid, any development approvals granted shall
be considered null and void. The review fee escrow deposit shall be
held in an escrow account to the credit of the applicant. The Borough
shall be responsible to keep a record to determine the actual review
costs attributed to each application.
1.
In the event that the initial deposit is not sufficient to cover
the professional charges incurred in reviewing an application, the
applicant shall be required to deposit additional funds as determined
by the Borough. The approving authority shall not be required to process
the application to take further action upon an application until such
additional deposits are made by the applicant. If these additional
deposits remain unpaid for a period of 60 days, the development applications
shall be deemed to be withdrawn and shall be dismissed without prejudice.
2.
In the event the review fee escrow deposit shall be in excess of
the amounts necessary to cover the professional charges incurred in
reviewing an application, the excess funds shall be returned to the
applicant within 45 days of the final action on the application, or
adoption of a resolution memorializing the decision, whichever occurs
later.
[Amended 2-16-2021 by Ord. No. 2021-08]
|
Review Fee Escrow Deposits
| |
|---|---|
|
Informal review
|
$250
|
|
Minor subdivision
|
$1,000 for 2 lots, $250 for each additional
|
|
Major subdivision:
| |
|
Sketch plat
|
$750.00
|
|
Preliminary plat
|
$1,500, plus $350/lot over 4 lots
|
|
Final plat
|
$750, plus $200/lot over 4 lots
|
|
Major site plans: (nonresidential)
| |
|
Preliminary plat
|
$3,000, plus $0.40/s.f. over
|
|
4,000 s.f. gross floor area
| |
|
Final plat
|
$1,250, plus $0.10 s.f. over
|
|
4,000 s.f. gross floor area
| |
|
Major site plans: (residential)
| |
|
Preliminary plat
|
$2,500, plus $350/unit
|
|
Final plat
|
50% of preliminary deposit
|
|
Conditional uses
|
$1,500
|
|
Interpretation of Zoning Map or Ordinance
|
$1,000
|
|
Hear and decide appeals of administrative official
|
$1,250
|
|
Variance pursuant to 40:55D-70C
|
$1,500
|
|
Zoning change request
|
$1,000
|
|
Approval extension:
| |
|
Preliminary
|
$350
|
|
Final
|
$500
|
|
Reapproval (minor subdivision)
|
$500
|
|
Plan revision (previously approved)
|
$1,250
|
|
Administrative approvals
|
$500
|
|
Use variance:
| |
|
Residential
|
$250/dwelling unit
|
|
Other uses
|
$1,500
|
|
Minimum
|
$750
|
|
Building permit in conflict with Official Map or building permit
for lot not related to a street
|
$750
|
|
Commercial or nonresidential application — certified court
reporter fee
|
$250
|
c.
Tax Map Maintenance Fees.
1.
The following fees shall be paid by the applicant at the time of
filing an application.
2.
In the event that any application for development is denied and the
application is no longer pending in any manner before the respective
board, then any portion of the aforementioned fee which has not been
expended for maintaining the Tax Map shall be refunded to the applicant.
a.
Performance Guarantee Estimate. No final subdivision plat or site plan shall be approved by the board until satisfactory completion and performance of all such required improvements (§ 19-15) have been certified to the board by the Borough Engineer unless the developer or owner shall have filed with the Borough a performance guarantee in an amount not to exceed 120 percent of the cost of the required improvements in such uncompleted portions thereof as estimated by the Borough Engineer, and assuring the installation of such uncompleted improvements within a period not to exceed 24 months as determined by the board and its engineer. However, with the consent of the developer and the surety, if there be one, the board may extend the term of the performance guarantee for an additional period or periods not to exceed an additional 12 months. As a condition or as a part of any such extension, the amount of any performance guarantee shall be increased or reduced, as the case may be, to an amount not to exceed 120 percent of the cost of the installation as determined as of the time of the passage of the resolution.
1.
A performance guarantee estimate shall be prepared by the Borough
Engineer setting forth all requirements for improvements as fixed
by the board, and establishing a performance guarantee amount equaling
120 percent of said estimated cost. The Borough Council shall pass
a resolution either approving or adjusting this performance guarantee
estimate in accordance with the provisions of this subsection.
2.
The approved performance guarantee estimate shall fix the requirement
of maintenance of the utilities and improvements to be installed and
completed by the developer. A surety company or cash bond meeting
the requirements hereinabove set forth may be furnished to secure
the maintenance guarantee or the performance bond may be styled or
amended to provide such security in reduced amount in keeping with
the requirements.
b.
Approval by the Borough Attorney and Borough Engineer.
1.
The developer shall present two copies of the performance guarantee
in an amount equal to the amount as hereinabove required for approval
as to sufficiency, form, and execution by the Borough Engineer and
the Borough Attorney.
2.
The Borough Attorney shall notify the secretary of the board prior
to the board meeting that the performance guarantee is properly executed
and may be accepted by the board.
c.
Bonding and Cash Requirements.
1.
The performance guarantee shall be the approved performance guarantee
estimate and as surety a performance bond in which the developer shall
be principal, the bond to be provided by an acceptable surety company
licensed to do business in the State of New Jersey and acceptable
to the Borough, or cash or a certified check shall be deposited with
the Borough by payment to the Borough Treasurer. The Borough Treasurer
shall issue its receipt for such cash deposits and shall cause the
same to be deposited in a bank named by and at the risk of the developer
in the name of the Borough to be retained as security for completion
of all requirements and to be returned to the developer upon completion
of all required work and expiration of the period of maintenance guarantee
or, in the event of a default on the part of the developer to be used
by the Borough to pay the cost and expense of completion of all requirements.
Every bond, whether cash or surety, shall contain a clause to the
effect that a determination by the Borough Engineer that the principal
has defaulted in the performance of this obligation shall be binding
and conclusive upon the surety and the principal.
2.
Ten percent of the amount of the approved performance guarantee estimate
shall be deposited by the developer in cash with the Borough. The
remaining 110 percent may be in cash or surety bond. In the event
of default, the ten percent fund herein mentioned shall be first applied
to the completion of the requirements and the cash or surety bond
shall thereafter be resorted to, if necessary, for the completion
of the requirements. The cash or surety bond may recite the foregoing
provisions. The Borough Engineer's determination that the principal
has defaulted in his obligation shall be binding and conclusive upon
the principal.
d.
Inspections and Tests.
1.
All improvements and utility installations shall be inspected during
the time of their installation under the supervision of the Borough
Engineer to ensure satisfactory completion. The cost of the inspection
shall be the responsibility of the developer and he shall deposit
with the Borough Treasurer, for placement in a special trust fund
account, a sum equal to six percent of the amount of the performance
guarantee estimate of the cost of the required improvements to be
built in the development to be applied to the payment inspection costs.
The inspection fee shall in no case be less than five hundred ($500.00)
dollars. If inspection costs exceed such sum, the developer shall
deposit with the Borough Treasurer additional sums upon notice from
the Borough Engineer. The Borough Treasurer shall return any balance
of the inspection deposit to developer upon satisfactory expiration
of the maintenance bond together with the paid invoices for all expenses
charged.
2.
In no case shall any paving work (including prime and seal coats)
be done without permission from the Borough Engineer's office. At
least two days' notice shall be given to the Borough Engineer's office
prior to any such construction, so that he or a qualified representative
may be present at the time the work is to be done.
3.
The Borough Engineer's office shall be noticed after each of the
following phases of the work has been completed so that he or a qualified
representative may inspect the work:
4.
A final inspection of all improvements and utilities will be started
within ten days of notification by the developer to determine whether
the work is satisfactory and in agreement with the approved final
plat drawings and the Borough specifications. The general condition
of the site shall also be considered. Upon a satisfactory final inspection
report, action will be taken to release or declare in default the
performance guarantee covering such improvements and utilities.
5.
Inspection by the Borough of the installation of improvements and
utilities by the developer shall not operate to subject the Borough
to liability for claims, suits or liability of any kind that may be
at any time arise because of defects or negligence, during construction
of at any time thereafter; it being recognized that the responsibility
to maintain safe conditions at all times during construction and to
provide proper utilities and improvements is upon the developer and
his contractors, if any.
6.
After completing the construction of the public improvement covered
by the performance guarantee, the developer shall prepare a set of
the approved public improvement and utility plans and the profiles
amended to read "as constructed" and apply to the Borough Engineer
for final inspection of the work. The Borough Engineer shall report
to the Borough Council on the condition of the work and recommend
that the performance guarantee be released, extended or declared in
default.
e.
Release. The Borough Council shall, by resolution, release or declare
in default each performance guarantee. Such performance guarantee
shall remain in effect until released by the Borough Council. The
amount of the performance guarantee may be reduced by the Borough
Council by resolution when portions of the required improvements have
been installed and have been inspected and approved by the Borough
Engineer, provided, however, that no such reduction shall be approved
until the Borough Engineer shall have certified the estimated cost
of completing any remaining required improvements. If any improvements
have not been installed in accordance with the performance guarantee,
the obliger and surety shall be liable thereon to the Borough for
the reasonable cost over and above the ten percent cash deposit on
the improvements not installed and, upon receipt of the proceeds thereof,
the Borough shall install such improvements. The Borough shall also
have all other remedies as may be lawfully available.
f.
Conditions for acceptance of improvements. The approval of any plat
under this chapter by the board shall in no way be construed as acceptance
of any street or drainage system, or any other improvement required
by this chapter, nor shall such plat approval obligate the Borough
in any way to maintain or exercise jurisdiction over such street and
drainage system or other improvement. No improvement shall be accepted
by the Borough Council unless and until all of the following conditions
have been met.
1.
The Borough Engineer shall have certified in writing that the improvements
are complete and that they comply with the requirements of this chapter.
2.
The final plat or site plan shall have been approved by the Planning
Board.
3.
The developer shall have filed with the Borough Council a maintenance guarantee in an amount equal to not more than 15 percent of the cost of the improvements or the cost of the original installation of the improvements and shall run for a period of two years. The procedures and requirements governing such maintenance guarantee shall be identical with the procedures and requirements for a performance guarantee. The requirements for a maintenance guarantee may be waived by the Borough Council only if the Borough Engineer has certified that the improvements have been in continuous use for not less than two years from the date of the Borough Engineer certified completion of such improvements in accordance with the provisions of § 19-15 of this chapter and that during this period, the developer has maintained the improvements in a satisfactory manner.
a.
Deposit of Escrow with Banking Institution. Whenever the fees paid under Subsection 19-16.1b shall exceed five thousand ($5,000.00) dollars it shall be deposited in a banking institution or savings and loan association in this State, insured by an agency of the Federal government, or in any other fund or depository approved for such deposits by the State of New Jersey in an account bearing interest at the minimum rate currently paid by the institution or depository on time or savings deposits. The Borough Treasurer shall notify the applicant, in writing, of the name and address of the institution or depository in which the deposit is made and the amount of the deposit. If the amount of interest earned on the deposit exceeds one hundred ($100.00) dollars, that entire amount shall belong to the applicant and shall be refunded to him by the Borough on an annual basis or at the time the deposit is repaid or applied to the purpose for which it was deposited; provided, however, that the Borough shall retain for administrative expenses a sum equivalent to no more than 33 1/3 percent of the entire amount, which shall be in addition of all other administrative expenses. In the event that the interest paid on a deposit for a year does not exceed one hundred ($100.00) dollars, the same is to be retained by the Borough.
b.
Replenishment of Escrow Account. Whenever the escrow account in which escrow fees have been paid pursuant to Subsection 19-16.1b have been depleted to 20 percent of the original escrow amount, the planning and zoning office shall notify the applicant, and the applicant shall, immediately upon notification, replenish the account by depositing 50 percent of the original escrow amount with the Borough. The appropriate board and its professionals shall not take any further action on the application or make further inspections and no bond shall be released, nor shall any certificate of occupancy be issued until adequate additional fees have been deposited by the applicant with the Borough.
c.
Returning Fees to the Applicant. When the planning and zoning office determines that there is no longer any need to retain an escrow account in which to maintain funds pursuant to Subsection 19-16.1b, the applicant shall be entitled to the return of any moneys which remain in those accounts. The applicant shall follow the procedures established by the planning and zoning office to obtain a refund of said funds.
d.
Exemption from Payment of Fees. In accordance with N.J.S.A. 40:55D-8,
any philanthropic, fraternal and religious organization holding a
tax-exempt status under the Federal Internal Revenue Code of 1954
is hereby exempt from the payment of any fees charged under this chapter
by virtue of the provisions of N.J.S.A. 40:55D-1 et seq.
[1]
Editor's Note: Former § 19-16A, Building Height
Limitations, previously codified herein, was repealed in its entirety
by Ord. No. 2010-46.
[Amended 8-15-2023 by Ord. No. 2023-11]
b.
The owner of any building or structure, lot or land, or part thereof,
and/or the tenant or occupant of any building or structure, lot or
land, or part thereof, where anything in violation of this chapter
shall be placed or shall exist or be suffered, allowed or permitted
to exist; and any architect, builder, developer, contractor, agent,
person or corporation engaged in connection therewith and who assists
in the commission of any such violation, shall each be guilty of a
separate violation, and upon conviction thereof shall each be liable
to the fine or imprisonment or both specified above.
In case any building or structure is erected, constructed, reconstructed,
altered, moved or converted; or any building, structure or land is
used in violation of or contrary to the provisions of this chapter,
the Borough may institute an action to enjoin or any other appropriate
action or proceeding to prevent such erection, construction, reconstruction,
alteration, conversion or use.
a.
If, before final subdivision approval has been granted, any person
transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
as owner or agent, any land which forms a part of a subdivision for
Borough approval is required by ordinance pursuant to this act, such
person shall be subject to a penalty not to exceed one thousand ($1,000.00)
dollars and each lot disposition so made may be deemed a separate
violation.
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 remains in the possession of the subdivider or his assigns
or successors to secure the return of any deposit made or purchase
price paid, and = a reasonable search fee, survey expense and title
closing expense, if any. Any such action must be brought within two
years after the date of the recording of the instrument or transfer,
sale or conveyance of the land or within six years, if unrecorded.
[Ord. #1979-2, § 1200; amended 2-16-2021 by Ord. No. 2021-01]
[Added 2-16-2021 by Ord.
No. 2021-01]
The purpose of the Downtown Historic Overlay District is to
provide incentives to preserve Point Pleasant Beach's historic seashore
character and buildings constructed between 1880 and 1980. The intent
is to preserve existing buildings to the historic style, features
and materials of their origin without designation or strict application
of historic guidelines. Where preservation is not practical or appropriate,
new construction and exterior work compatible with the historic seashore
character of that building's construction period pursuant to the design
guidelines herein is expected. The overlay district is an incentive
to be used at the owner's/applicant's option. The District retains
the existing General Commercial (GC) and Highway Commercial (HC) Zoning
Districts and those districts' regulations except as noted herein.
The following provisions and incentives may be used for building/structural
alterations, additions, changes of use, reconstruction, renovation
and repair within the Downtown Historic Overlay District.
[Added 2-16-2021 by Ord.
No. 2021-01]
Except as otherwise noted herein all of the provisions of Chapter 19 shall be applicable to the Historic Overlay District. As used in this section, the following terms shall have the meanings indicated:
Three stories or 35 feet maximum, regardless of roof type. The vertical dimension of a building shall be measured as defined in this chapter, Section 19-7.1.
Unless otherwise noted, bulk standards shall be consistent
with the underlying zoning.
New construction buildings in the Overlay District must be set
back a minimum of 10 feet; existing buildings are encouraged to set
back eight feet from the curb face providing sidewalk space for pedestrian
movement and outside dining opportunities.
|
Editor's Note: See also Attachment 1, Schedule of District Regulations.
|
Existing residential structures may contain first floor retail
and restaurant uses provided the following conditions are met:
The structure has been in existence for at least 75 years; and
First floor retail goods and restaurant uses shall be consistent
with the General Commercial Zone, except as otherwise authorized herein;
and
A deed restriction safeguarding preservation of the facade shall
be required upon approval.
[1]
Editor's Note: See Attachment 1 for footnote.
[Added 2-16-2021 by Ord.
No. 2021-01]
The Overlay District is to be used at the applicant's option,
and if used, the following procedures apply:
a.
The Schedule of District Regulations, Chapter 19, will be amended to permit three-story buildings provided the following conditions are met:
1.
The requirements of the underlying GC and HC zoning districts shall
apply unless otherwise authorized herein.
2.
The first floor uses shall be retail or restaurant or uses that otherwise
activate the street. Uses on upper floors shall be as permitted in
the applicable GC or HC Zoning District.
3.
Must comply with the Overlay District regulations and design guidelines,
below.
4.
A deed restriction safeguarding preservation of the facade until
or unless it is destroyed by natural causes shall be required upon
approval.
5.
New construction buildings must be set back a minimum of 10 feet;
existing buildings are encouraged to set back eight feet from the
curb face providing sidewalk space for pedestrian movement and outside
dining opportunities.
b.
Plans shall be submitted to the Historic Preservation Commission
(HPC) by the board/official before whom the application is pending.
The HPC shall review the plans and provide a recommendation to the
Construction Code Official, Zoning Officer, Planning Board, or Zoning
Board, as appropriate, in conjunction with the application to be determined
within 10 days of submittal. Said board/official may approve an application
that is contrary to the Historic Commission's recommendations but
shall provide reasons for such action if a timely recommendation from
the HPC has been received.
c.
Any project involving an existing building 75 years or older shall
provide a deed restriction safeguarding preservation of the facade
upon approval.
[Added 2-16-2021 by Ord.
No. 2021-01]
For those projects seeking to construct or add a third story
under this Overlay District, an option to comply with parking is provided
through an in-lieu fee. If the required parking for the additional
square footage cannot be provided on-site, the applicant may contribute
$15,000 per parking space to the Borough's Parking Fund.
a.
Theaters larger than 100 seats may waive on-site parking and are
exempt from the fee, provided the following conditions are met:
[Added 2-16-2021 by Ord.
No. 2021-01]
For those applications seeking to exceed the two-story zoning
height, any new and/or renovated signage shall comply with the following:
c.
Signs must reflect the general style found in the period of 1880
to 1980 and must be consistent with the character and style of the
front facing facade.
d.
Signs should fit within the boundaries of the face of the building
and not obscure the architectural detail.
e.
Sign materials, lettering and lighting should be compatible with
the era, typically wood signs, hanging or mounted signs, traditional
style letters and lighting from an external mounted source directed
at the sign.
f.
Reuse of historic signs is encouraged.
[Added 2-16-2021 by Ord.
No. 2021-01]
The intent of the Arnold and Bay Overlay District is to preserve
the historic seashore character of downtown Point Pleasant Beach -
by preserving existing buildings or facades, or designing new construction
to incorporate the traditional materials and features of the period
of 1880 to 1980. The following design guidelines will be used by the
Historic Preservation Commission in their recommendations to the Construction
Code Official, Zoning Official, Planning Board or Zoning Board.
a.
New construction and exterior renovations should repeat building
lines, detail, scale, proportion, textures, materials, color, and
building form of the era and area.
b.
Parapets and embellishments should be preserved and enhanced.
c.
All facades should utilize brick, cedar shingle or materials of a
cementous nature, and siding should be removed.
d.
All facades should utilize the approved color palette developed by
the Historic Preservation Commission.
f.
Nonfrontage facades. Nonfrontage facades should be of a cementous
nature or cedar shingle and should utilize the approved color palette;
vinyl and aluminum siding shall be removed.
g.
Renovations and new construction in the Overlay District should employ
an exterior paint palette of muted historic earth tones and coastal
tones designated by the Point Pleasant Beach Historic Preservation
Commission.
[1]
Editor's Note: Former § 19-19, Municipal Stormwater
Control, was repealed 2-16-2021 by Ord. No. 2021-10. Prior history
includes Ord. Nos. 2006-36 and 2010-34.
[Added 2-16-2021 by Ord.
No. 2021-10]
a.
Policy statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure best management practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low-impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
b.
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for major development, as defined below in Subsection 19-19.2.
c.
d.
Compatibility with other permit and ordinance requirements. Development
approvals issued pursuant to this section are to be considered an
integral part of development approvals and do not relieve the applicant
of the responsibility to secure required permits or approvals for
activities regulated by any other applicable code, rule, act, or ordinance.
In their interpretation and application, the provisions of this section
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare. This section is not
intended to interfere with, abrogate, or annul any other ordinances,
rule or regulation, statute, or other provision of law except that,
where any provision of this section imposes restrictions different
from those imposed by any other ordinance, rule or regulation, or
other provision of law, the more restrictive provisions or higher
standards shall control.
[Added 2-16-2021 by Ord.
No. 2021-10]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's Geographic
Information System (GIS).
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this section.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the County Board of Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission, such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, for which
permission is required under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq. In the case of development of agricultural land,
development means any activity that requires a state permit, any activity
reviewed by the County Agricultural Board (CAB) and the State Agricultural
Development Committee (SADC), and municipal review of any activity
not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1 et seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving water body or
to a particular point along a receiving water body.
Neighborhoods designated by the Urban Coordinating Council
"in consultation and conjunction with" the New Jersey Redevelopment
Authority pursuant to N.J.S.A. 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership, such as wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including, but not limited to, stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a "subwatershed," which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual development, as well as multiple developments
that individually or collectively result in:
The disturbance of one or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of regulated impervious surface
since February 2, 2004;
The creation of 1/4 acre or more of regulated motor vehicle
surface since March 2, 2021 (or the effective date of this section,
whichever is earlier); or
A combination of Subsection a2 and 3 above that totals an area
of 1/4 acre or more. The same surface shall not be counted twice when
determining if the combination area equals 1/4 acre or more.
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of Subsection a1, 2, 3, or 4 above. Projects undertaken by any government
agency that otherwise meet the definition of "major development" but
which do not require approval under the Municipal Land Use Law, N.J.S.A.
40:55D-1 et seq., are also considered major development.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low-speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by motor vehicles and/or aircraft, and is directly exposed to
precipitation, including, but not limited to, driveways, parking areas,
parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with Subsection 19-19.4f of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, political subdivision of this state and any state, interstate
or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance [except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. § 2011 et seq.)], thermal waste, wrecked
or discarded equipment, rock, sand, cellar dirt, industrial, municipal,
agricultural, and construction waste or runoff, or other residue discharged
directly or indirectly to the land, groundwaters or surface waters
of the state, or to a domestic treatment works. "Pollutant" includes
both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or
Quality treatment either by vegetation or soil, by an existing
stormwater management measure, or by treatment at a wastewater treatment
plant, where the water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of these
goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal nonstormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et seq.
Previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, ten-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface water or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation."
[Added 2-16-2021 by Ord.
No. 2021-10]
a.
Stormwater management measures for major development shall be designed
to provide erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment as follows:
1.
The minimum standards for erosion control are those established under
the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing
rules at N.J.A.C. 2:90.
2.
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
b.
The standards in this section apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or water quality
management plan adopted in accordance with Department rules.
[Added 2-16-2021 by Ord.
No. 2021-10]
a.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection 19-19.10.
b.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 13:1B-15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
c.
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection 19-19.4p, q and r:
1.
The construction of an underground utility line, provided that the
disturbed areas are revegetated upon completion;
2.
The construction of an aboveground utility line, provided that the
existing conditions are maintained to the maximum extent practicable;
and
3.
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
d.
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection 19-19.4o, p, q and r may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
1.
The applicant demonstrates that there is a public need for the project
that cannot be accomplished by any other means;
4.
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection 19-19.4d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection 19-19.4o, p, q and r that were not achievable on-site.
e.
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection 19-19.4o, p, q and r. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f), Tables 5-1, 5-2 and 5-3, and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
f.
Where the BMP tables in the NJ Stormwater Management Rule are different
due to updates or amendments with the tables in this section, the
BMP Tables in the Stormwater Management Rule at N.J.A.C. 7:8-5.2(f)
shall take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Cistern
|
0%
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0%
|
No
|
Yes
|
2
|
|
Grass swale
|
50% or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0%
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a)(g)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80%
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80%
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60% to 80%
|
No
|
No
|
—
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Bioretention system
|
80% or 90%
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80%
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80%
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90%
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Blue roof
|
0%
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40% to 60%
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50% or 80%
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80%
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90%
|
No
|
No
|
1
|
|
Wet pond
|
50% to 90%
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|---|---|
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at Subsection 19-19.4o2;
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of "green infrastructure" at Subsection 19-19.2;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection 19-19.2.
|
g.
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection 19-19.6b. Alternative stormwater management measures may be used to satisfy the requirements at Subsection 19-19.4o only if the measures meet the definition of "green infrastructure" at Subsection 19-19.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection o2 are subject to the contributory drainage area limitation specified at Subsection o2 for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection o2 shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection 19-19.4d is granted from Subsection 19-19.4o.
h.
Whenever the stormwater management design includes one or more BMPs
that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high-water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
i.
Design standards for stormwater management measures are as follows:
1.
Stormwater management measures shall be designed to take into account
the existing site conditions, including, but not limited to, environmentally
critical areas; wetlands; flood-prone areas; slopes; depth to seasonal
high-water table; soil type, permeability, and texture; drainage area
and drainage patterns; and the presence of solution-prone carbonate
rocks (limestone);
2.
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection 19-19.8c;
3.
Stormwater management measures shall be designed, constructed, and
installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 5:21-7.4, and 5:21-7.5
shall be deemed to meet this requirement;
4.
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection 19-19.8; and
5.
The size of the orifice at the intake to the outlet from the stormwater
management BMP shall be a minimum of 2 1/2 inches in diameter.
j.
Manufactured treatment devices may be used to meet the requirements of this section, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection 19-19.2 may be used only under the circumstances described at Subsection 19-19.4o4.
k.
Any application for a new agricultural development that meets the definition of "major development" at Subsection 19-19.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection 19-19.4o, p, q and r and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
l.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 19-19.4p, q and r shall be met in each drainage area, unless the runoff from the drainage areas converge on-site and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
m.
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the office of the Middlesex County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 19-19.4o, p, q and r and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection 19-19.10b5. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the Clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
n.
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection 19-19.4 of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the office of the Middlesex County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection m above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection m above.
o.
Green infrastructure standards.
1.
This subsection specifies the types of green infrastructure BMPs
that may be used to satisfy the groundwater recharge, stormwater runoff
quality, and stormwater runoff quantity standards.
2.
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection 19-19.4p and q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection 19-19.4f and/or an alternative stormwater management measure approved in accordance with Subsection 19-19.4g. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
(acres)
|
|---|---|
|
Dry well
|
1
|
|
Manufactured treatment device
|
2.5
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed 3 times the area occupied
by the BMP
|
|
Small-scale bioretention systems
|
2.5
|
|
Small-scale infiltration basin
|
2.5
|
|
Small-scale sand filter
|
2.5
|
4.
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection 19-19.4d is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with Subsection 19-19.4g, may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 19-19.4p, q and r.
5.
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection 19-19.4p, q and r, unless the project is granted a waiver from strict compliance in accordance with Subsection 19-19.4d.
p.
Groundwater recharge standards.
1.
This subsection contains the minimum design and performance standards
for groundwater recharge as follows.
2.
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection 19-19.5, either:
(a)
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual preconstruction groundwater recharge volume for the site; or
(b)
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from preconstruction to post-construction
for the two-year storm is infiltrated.
3.
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to Subsection p4 below.
4.
The following types of stormwater shall not be recharged:
(a)
Stormwater from areas of high pollutant loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with Department-approved remedial action work plan
or landfill closure plan and areas with high risks for spills of toxic
materials, such as gas stations and vehicle maintenance facilities;
and
(b)
Industrial stormwater exposed to source material. "Source material"
means any material(s) or machinery, located at an industrial facility,
that is directly or indirectly related to process, manufacturing or
other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
q.
Stormwater runoff quality standards.
1.
This subsection contains the minimum design and performance standards
to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
2.
Stormwater management measures shall be designed to reduce the post-construction
load of total suspended solids (TSS) in stormwater runoff generated
from the water quality design storm as follows:
(a)
Eighty percent TSS removal of the anticipated load, expressed
as an annual average shall be achieved for the stormwater runoff from
the net increase of motor vehicle surface.
(b)
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
3.
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection q2 above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
4.
The water quality design storm is 1.25 inches of rainfall in two
hours. Water quality calculations shall take into account the distribution
of rain from the water quality design storm, as reflected in Table
4, below. The calculation of the volume of runoff may take into account
the implementation of stormwater management measures.
|
Table 4
Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
Time
(minutes)
|
Cumulative Rainfall
(inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
5.
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
|
|
Where:
| ||
|
R
|
=
|
total TSS percent load removal from application of both BMPs.
|
|
A
|
=
|
the TSS percent removal rate applicable to the first BMP.
|
|
B
|
=
|
the TSS percent removal rate applicable to the second BMP.
|
6.
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection 19-19.4p, q and r.
7.
In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
8.
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
9.
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3i,
runoff from the water quality design storm that is discharged within
a 300-foot riparian zone shall be treated in accordance with this
subsection to reduce the post-construction load of total suspended
solids by 95% of the anticipated load from the developed site, expressed
as an annual average.
10.
This stormwater runoff quality standards do not apply to the construction
of one individual single-family dwelling, provided that it is not
part of a larger development or subdivision that has received preliminary
or final site plan approval prior to December 3, 2018, and that the
motor vehicle surfaces are made of permeable material(s), such as
gravel, dirt, and/or shells.
r.
Stormwater runoff quantity standards.
1.
This subsection contains the minimum design and performance standards
to control stormwater runoff quantity impacts of major development.
2.
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection 19-19.5, complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the preconstruction runoff hydrographs for the same
storm events;
(b)
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the preconstruction condition, in the
peak runoff rates of stormwater leaving the site for the two-, ten-,
and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(c)
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten-, and 100-year storm events are
50%, 75% and 80%, respectively, of the preconstruction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
(d)
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection r2(a), (b) and (c) above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
3.
The stormwater runoff quantity standards shall be applied at the
site's boundary to each abutting lot, roadway, watercourse, or receiving
storm sewer system.
[Added 2-16-2021 by Ord.
No. 2021-10]
a.
Stormwater runoff shall be calculated in accordance with the following:
1.
The design engineer shall calculate runoff using one of the following
methods:
(a)
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16, Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(b)
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The Rational and Modified Rational
Methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the soil conservation districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
soil conservation district is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
2.
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at Subsection 19-19.5a1(a) and the Rational and Modified Rational Methods at Subsection 19-19.5a1(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
3.
In computing preconstruction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce preconstruction stormwater runoff rates and volumes.
4.
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
5.
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
b.
Groundwater recharge may be calculated in accordance with the following:
the New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Ground-Water-Recharge Areas in New Jersey, incorporated herein by
reference, as amended and supplemented. Information regarding the
methodology is available from the New Jersey Stormwater Best Management
Practices Manual; at the New Jersey Geological Survey website at https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
[Added 2-16-2021 by Ord.
No. 2021-10]
a.
Technical guidance for stormwater management measures can be found
in the documents listed below, which are available to download from
the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
1.
Guidelines for stormwater management measures are contained in the
New Jersey Stormwater Best Management Practices Manual, as amended
and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
2.
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
b.
Submissions required for review by the Department should be mailed
to: the Division of Water Quality, New Jersey Department of Environmental
Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
[Added 2-16-2021 by Ord.
No. 2021-10]
a.
Site design features identified under Subsection 19-19.4f above, or alternative designs in accordance with Subsection 19-19.4g above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection 19-19.7a2 below.
1.
Design engineers shall use one of the following grates whenever they
use a grate in pavement or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle-safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than 7.0 square inches, or is no greater than
0.5 inch across the smallest dimension. Examples of grates subject
to this standard include grates in grate inlets, the grate portion
(non-curb-opening portion) of combination inlets, grates on storm
sewer manholes, ditch grates, trench grates, and grates of spacer
bars in slotted drains. Examples of ground surfaces include surfaces
of roads (including bridges), driveways, parking areas, bikeways,
plazas, sidewalks, lawns, fields, open channels, and stormwater system
floors used to collect stormwater from the surface into a storm drain
or surface water body.
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than 7.0 square inches, or be no greater than 2.0
inches across the smallest dimension.
2.
The standard in a1 above does not apply:
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than 9.0 square inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
(1)
A rectangular space 4.625 inches long and 1.5 inches wide (this
option does not apply for outfall netting facilities); or
(2)
A bar screen having a bar spacing of 0.5 inch.
(3)
Note that these exemptions do not authorize any infringement
of requirements in the Residential Site Improvement Standards for
bicycle-safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2
and 5:21-7.4(b)1].
(d)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
water quality design storm as specified in N.J.A.C. 7:8; or
(e)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
[Added 2-16-2021 by Ord.
No. 2021-10]
a.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management BMPs. This
section applies to any new stormwater management BMP.
b.
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsection 19-19.8c1, 2, and 3 for trash racks, overflow grates, and escape provisions at outlet structures.
c.
Requirements for trash racks, overflow grates and escape provisions.
1.
A trash rack is a device designed to catch trash and debris and prevent
the clogging of outlet structures. Trash racks shall be installed
at the intake to the outlet from the Stormwater management BMP to
ensure proper functioning of the BMP outlets in accordance with the
following:
(a)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(b)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(c)
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
(d)
The trash rack shall be constructed of rigid, durable, and corrosion-resistant
material and designed to withstand a perpendicular live loading of
300 pounds per square foot.
2.
An overflow grate is designed to prevent obstruction of the overflow
structure. If an outlet structure has an overflow grate, such grate
shall meet the following requirements:
(a)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
(c)
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion-resistant and shall be designed to withstand
a perpendicular live loading of 300 pounds per square foot.
3.
Stormwater management BMPs shall include escape provisions as follows:
(a)
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to Subsection 19-19.8c, a freestanding outlet structure may be exempted from this requirement;
(b)
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See Subsection 19-19.8e for an illustration of safety ledges in a stormwater management BMP; and
(c)
In new stormwater management BMPs, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
d.
Variance or exemption from safety standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
e.
Safety ledge illustration.
|
Elevation View - Basin Safety Ledge Configuration
 |
[Added 2-16-2021 by Ord.
No. 2021-10]
a.
Submission of site development stormwater plan.
1.
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection 19-19.9c below as part of the submission of the application for approval.
2.
The applicant shall demonstrate that the project meets the standards
set forth in this section.
b.
Site development stormwater plan approval. The applicant's site development
project shall be reviewed as a part of the review process by the municipal
board or official from which municipal approval is sought. That municipal
board or official shall consult the municipality's review engineer
to determine if all of the checklist requirements have been satisfied
and to determine if the project meets the standards set forth in this
section.
c.
Submission of site development stormwater plan. The following information
shall be required:
1.
Topographic base map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and floodplains along
with their appropriate buffer strips, marshlands and other wetlands,
previous or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
2.
Environmental site analysis. A written and graphic description of
the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
3.
Project description and site plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
4.
Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsection 19-19.3 through 19-19.5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
5.
Stormwater management facilities map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(a)
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(b)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
6.
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection 19-19.4 of this section.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high-water table, then a soils report shall be submitted.
The soils report shall be based on on-site boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
7.
Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection 19-19.10.
8.
Waiver from submission requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection 19-19.9c1 through 6 of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
[Added 2-16-2021 by Ord.
No. 2021-10]
b.
General maintenance.
1.
The design engineer shall prepare a maintenance plan for the stormwater
management measures incorporated into the design of a major development.
2.
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
3.
If the maintenance plan identifies a person other than the property
owner (for example, a developer, a public agency or homeowners' association)
as having the responsibility for maintenance, the plan shall include
documentation of such person's or entity's agreement to assume this
responsibility, or of the owner's obligation to dedicate a stormwater
management facility to such person under an applicable ordinance or
regulation.
4.
Responsibility for maintenance shall not be assigned or transferred
to the owner or tenant of an individual property in a residential
development or project, unless such owner or tenant owns or leases
the entire residential development or project. The individual property
owner may be assigned incidental tasks, such as weeding of a green
infrastructure BMP, provided the individual agrees to assume these
tasks; however, the individual cannot be legally responsible for all
of the maintenance required.
5.
If the party responsible for maintenance identified under Subsection 19-19.10b3 above is not a public agency, the maintenance plan and any future revisions based on Subsection 19-19.10b7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
6.
Preventative and corrective maintenance shall be performed to maintain
the functional parameters (storage volume, infiltration rates, inflow/outflow
capacity, etc.) of the stormwater management measure, including, but
not limited to, repairs or replacement to the structure; removal of
sediment, debris, or trash; restoration of eroded areas; snow and
ice removal; fence repair or replacement; restoration of vegetation;
and repair or replacement of nonvegetated linings.
7.
The party responsible for maintenance identified under Subsection 19-19.10b3 above shall perform all of the following requirements:
(a)
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(b)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by Subsection 19-19.10b6 and 7 above.
8.
The requirements of Subsection 19-19.10b3 and 4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department. The party responsible for the maintenance and repair of the stormwater management measure, shall post a two-year maintenance guarantee in accordance with N.J.S.A. 40:55D-53. Maintenance and inspection guidance can be found on the Department's website at: https://www.njstormwater.org/maintenance_guidance.htm.
9.
In the event that the stormwater management facility becomes a danger
to public safety or public health, or if it is in need of maintenance
or repair, the municipality shall so notify the responsible person
in writing. Upon receipt of that notice, the responsible person shall
have 14 days to effect maintenance and repair of the facility in a
manner that is approved by the Municipal Engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or County may immediately proceed to do so and shall
bill the cost thereof to the responsible person. Nonpayment of such
bill may result in a lien on the property.
c.
Nothing in this subsection shall preclude the municipality in which
the major development is located from requiring the posting of a performance
or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Added 2-16-2021 by Ord.
No. 2021-10]
Any person(s) who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the following penalties listed in Subsection 19-17.
[Added 2-16-2021 by Ord.
No. 2021-10]
Each section, subsection, sentence, clause and phrase of this
section is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this section to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this section.
[Added 2-16-2021 by Ord.
No. 2021-10]
This section shall be in full force and effect from and after
its adoption and any publication as required by law.
If any section, paragraph, subdivision, clause or provision
of this chapter shall be adjudged by the courts to be invalid, such
adjudication shall apply only to the section, paragraph, subdivision,
clause or provisions so adjudged, and the remainder of this chapter
shall be deemed valid and effective.
[Added 12-21-2021 by Ord.
No. 2021-34]
This section is intended to assure that very-low-, low-, and
moderate-income units ("affordable units") are created with controls
on affordability and that very-low-, low-, and moderate-income households
shall occupy these units. This section shall apply except where inconsistent
with applicable law.
[Added 12-21-2021 by Ord.
No. 2021-34]
The following terms when used in this section shall have the
meanings given in this section:
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing home, or through the conversion of an
existing accessory structure on the same site, or by an addition to
an existing home or accessory building, or by the construction of
a new accessory structure on the same site.
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.), as has been subsequently amended.
Constructed in compliance with the technical design standards
of the Barrier Free Subcode, N.J.A.C. 5:23-7.
The entity designated by the Borough responsible for the
administration of affordable units in accordance with this section,
applicable COAH regulations and the Uniform Housing Affordability
Controls (UHAC) (N.J.A.C. 5:80-26.1 et seq.).
A regional marketing strategy designed to attract buyers
and/or renters of affordable units pursuant to N.J.A.C. 5:80-26.15.
The average percentage of median income at which restricted
units in an affordable housing development are affordable to low-
and moderate-income households.
A sales price or rent within the means of a low- or moderate-income
household as defined by COAH in its applicable regulations or an equivalent
controlling New Jersey state agency; in the case of an ownership unit,
that the sales price for the unit conforms to the standards set forth
in N.J.A.C. 5:80-26.6, as may be amended and supplemented, and, in
the case of a rental unit, that the rent for the unit conforms to
the standards set forth in N.J.A.C. 5:80-26.12, as may be amended
and supplemented.
A housing development all or a portion of which consists
of restricted units.
A development included in the Borough's Fair Share Plan,
and includes, but is not limited to, an inclusionary development,
a municipal construction project or a 100% affordable development.
Any mechanism prepared or implemented to address the Borough's
fair share obligation.
A housing unit proposed or created pursuant to the Act, credited
pursuant to applicable COAH regulations, the FSHC settlement agreement,
or an order of the Superior Court.
A housing unit designed to meet the needs of, and exclusively
for, the residents of an age-restricted segment of the population
such that: 1) all the residents of the development where the unit
is situated are 62 years or older; or 2) at least 80% of the units
are occupied by one person that is 55 years or older; or 3) the development
has been designated by the Secretary of the U.S. Department of Housing
and Urban Development as "housing for older persons" as defined in
Section 807(b)(2) of the Fair Housing Act, 42 U.S.C. § 3607.
The New Jersey Housing and Mortgage Finance Agency established
by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
A structure in which households live in distinct bedrooms,
yet share kitchen and plumbing facilities, central heat and common
areas. Alternative living arrangements include, but are not limited
to: transitional facilities for the homeless; Class A, B, C, D, and
E boardinghomes as regulated by the State of New Jersey Department
of Community Affairs; residential health care facilities as regulate
by the New Jersey Department of Health; group homes for the developmentally
disabled and mentally ill as licensed and/or regulated by the New
Jersey Department of Human Services; and congregate living arrangements.
A facility licensed by the New Jersey Department of Health
and Senior Services to provide apartment-style housing and congregate
dining and to assure that assisted-living services are available when
needed for four or more adult persons unrelated to the proprietor
and that offers units containing, at a minimum, one unfurnished room,
a private bathroom, a kitchenette and a lockable door on the unit
entrance.
A household that has been certified by an administrative
agent as a very-low-income household, low-income household or moderate-income
household.
The New Jersey Council on Affordable Housing.
The State of New Jersey Department of Community Affairs.
A housing unit with health and safety code violations that
require the repair or replacement of a major system. A major system
includes weatherization, roofing, plumbing (including wells), heating,
electricity, sanitary plumbing (including septic systems), lead paint
abatement and/or load bearing structural systems.
Any person, partnership, association, company or corporation
that is the legal or beneficial owner or owners of a lot or any land
proposed to be included in a proposed development, including the holder
of an option to contract or purchase, or other person having an enforceable
proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation, or enlargement of any use or change in the use of any
building or other structure, or of any mining, excavation or landfill,
and any use or change in the use of any building or other structure,
or land or extension of use of land, for which permission may be required
pursuant to Title 40 of N.J.S.A.
A development containing both affordable units and market-rate
units. This term includes, but is not necessarily limited to, new
construction, the conversion of a nonresidential structure to residential
and the creation of new affordable units through the reconstruction
of a vacant residential structure.
A household with a total gross annual household income equal
to 50% or less of the median household income.
A restricted unit that is affordable to a low-income household.
The primary structural, mechanical, plumbing, electrical,
fire protection, or occupant service components of a building, which
include, but are not limited to, weatherization, roofing, plumbing
(including wells), heating, electricity, sanitary plumbing (including
septic systems), lead paint abatement or load bearing structural systems.
Housing not restricted to low- and moderate-income households
that may sell or rent at any price.
The median income by household size for the applicable county,
as adopted annually by the Department.
A household with a total gross annual household income in
excess of 50% but less than 80% of the median household income.
A restricted unit that is affordable to a moderate-income
household.
The employee charged by the governing body with the responsibility
for oversight and administration of the affordable housing program
for Point Pleasant Beach.
Any sale or transfer of ownership other than the transfer
of ownership between husband and wife; the transfer of ownership between
former spouses ordered as a result of a judicial decree of divorce
or judicial separation, but not including sales to third parties;
the transfer of ownership between family members as a result of inheritance;
the transfer of ownership through an executor's deed to a Class A
beneficiary and the transfer of ownership by court order.
A process by which currently income-eligible households are
selected for placement in affordable housing units such that no preference
is given to one applicant over another except for purposes of matching
household income and size with an appropriately priced and sized affordable
unit (e.g., by lottery).
The maximum housing value in each housing region affordable
to a four-person household with an income at 80% of the regional median
as defined by the Department's adopted regional income limits published
annually by COAH or a successor entity.
The repair, renovation, alteration or reconstruction of any
building or structure, pursuant to the Rehabilitation Subcode, N.J.A.C.
5:23-6.
The gross monthly cost of a rental unit to the tenant, including
the rent paid to the landlord, as well as an allowance for tenant-paid
utilities computed in accordance with allowances published by DCA
for its Section 8 program. In assisted-living residences, rent does
not include charges for food and services.
A dwelling unit, whether a rental unit or ownership unit,
that is subject to the affordability controls of N.J.A.C. 5:80-26.1,
as may be amended and supplemented, but does not include a market-rate
unit financed under UHORP or MONI.
The Department of Community Affairs of the State of New Jersey,
that was established under the New Jersey Fair Housing Act (N.J.S.A.
52:27D-301 et seq.).
The Uniform Housing Affordability Controls set forth in N.J.A.C.
5:80-26.1 et seq.
A household with a total gross annual household income equal
to 30% or less of the median household income.
A restricted unit that is affordable to a very-low-income
household.
Building insulation (for attic, exterior walls and crawl
space), siding to improve energy efficiency, replacement storm windows,
replacement storm doors, replacement windows and replacement doors,
and is considered a major system for rehabilitation.
[Added 12-21-2021 by Ord.
No. 2021-34]
a.
The provisions of this section shall apply to all affordable housing
developments and affordable housing units that currently exist, that
are proposed to be created within the Borough of Point Pleasant Beach,
and that may be created in the future.
b.
This section shall apply to all developments that contain very-low-,
low-, and moderate-income housing units, including any currently anticipated
future developments that will provide very-low-, low-, and moderate-income
housing units.
[Added 12-21-2021 by Ord.
No. 2021-34]
a.
The administration of an alternative living arrangement shall be
in compliance with N.J.A.C. 5:93-5.8 and UHAC, with the following
exceptions:
b.
With the exception of units established with capital funding through
a twenty-year operating contract with the Department of Human Services,
Division of Developmental Disabilities, alternative living arrangements
shall have at least thirty-year controls on affordability in accordance
with UHAC, unless an alternative commitment is approved by the Superior
Court.
c.
The service provider for the alternative living arrangement shall
act as the administrative agent for the purposes of administering
the affirmative marketing and affordability requirements for the alternative
living arrangement.
[Added 12-21-2021 by Ord.
No. 2021-34]
In inclusionary developments the following schedule shall be
followed:
|
Maximum Percentage of Market-Rate Units Completed
|
Minimum Percentage of Low- and Moderate-Income Units Completed
|
|---|---|
|
25%
|
0%
|
|
25% + 1
|
10%
|
|
50%
|
50%
|
|
75%
|
75%
|
|
90%
|
100%
|
[Added 12-21-2021 by Ord.
No. 2021-34]
a.
Low/moderate split and bedroom distribution of affordable housing
units. 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. At least 13% of all restricted rental units shall be very-low-income
units (affordable to a household earning 30% or less of regional median
income by household size). The very-low-income units shall be counted
as part of the required number of income units within the development.
At least 50% of the very-low-income units must be available to families.
1.
In each development that includes affordable housing, 13% of the
restricted units overall shall be very-low-income units, and these
very-low-income units may be counted toward the 50% low-income requirement.
The very-low-income units shall be provided as follows: in developments
that produce one very-low-income unit, the very-low-income unit shall
be a two- or three-bedroom unit; in developments that produce two
very-low-income units, no more than one of the very-low-income units
may be a one-bedroom unit; and in developments that produce three
or more very-low-income units, an equal number very-low-income units
shall be provided within each bedroom distribution, and any additional
very-low-income units shall be two- or three-bedroom units.
2.
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 20% of the total low- and moderate-income units;
(b)
At least 30% of all low- and moderate-income units shall be
two-bedroom units;
(c)
At least 20% 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.
3.
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.
This 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;
and
(b)
An adaptable kitchen on the first floor; and
(c)
An interior accessible route of travel on the first floor; and
(d)
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
(e)
If all of the foregoing requirements in subsections above cannot be satisfied, then an interior accessible route of travel must be provided between stories within an individual unit, but if all of the terms of Subsection b2(a) through (d) above have been satisfied, then an interior accessible route of travel shall not be required between stories within an individual unit; and
(f)
An accessible entranceway as set forth at P.L. 2005, c. 350
(N.J.S.A. 52:27D-31 et seq.), and the Barrier Free Subcode, N.J.A.C.
5:23-7, or evidence that Point Pleasant Beach has collected funds
from the developer sufficient to make 10% 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
into the Borough of Point Pleasant Beach's Affordable Housing Trust
Fund, if applicable, sufficient to install accessible entrances in
10% of the affordable units that have been constructed with adaptable
entrances.
(3)
The funds deposited under Subsection b2(f) above shall be used by the Borough of Point Pleasant Beach for the sole purpose of making the adaptable entrance of an affordable unit accessible when requested to do so by a person with a disability who occupies or intends to occupy the unit and requires an accessible entrance.
(4)
The developer of the restricted units shall submit a design
plan and cost estimate to the Construction Official of the Borough
of Point Pleasant Beach for the conversion of adaptable to accessible
entrances.
(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, if applicable,
in care of the Borough Chief Financial Officer who shall ensure that
the funds are deposited into the Affordable Housing Trust Fund, if
applicable, 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.
Design.
1.
In inclusionary developments, very-low-, low-, and moderate-income
units shall be integrated with the market units to the extent possible.
2.
In inclusionary developments, very-low-, low-, and moderate-income
units shall have access to all of the same common elements and facilities
as the market units.
d.
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 most recently published regional weighted average
of the uncapped Section 8 income limits published by HUD.
2.
The maximum rent for restricted rental units within each affordable
development shall be affordable to households earning no more than
60% of median income, and the average rent for restricted rental units
shall be affordable to households earning no more than 52% of median
income.
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, provided that at least 13% of all low-
and moderate-income rental units shall be affordable to very-low-income
households, which very-low-income units shall be part of the low-income
requirement.
4.
The maximum sales price of restricted ownership units within each
affordable development shall be affordable to households earning no
more than 70% of median income, and each affordable development must
achieve an affordability average of 55% for restricted ownership units;
in achieving this affordability average, moderate-income ownership
units must be available for at least three different sales prices
for each bedroom type, and low-income ownership units must be available
for at least two different sales prices for each bedroom type.
5.
In determining the initial sales prices and rent levels for compliance
with the affordability average requirements for restricted units other
than assisted-living facilities and age-restricted developments, the
following standards shall be used:
(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 sales prices and rents for compliance
with the affordability average requirements for restricted units in
assisted-living facilities and age-restricted developments, the following
standards shall be used:
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 95% of the
purchase price and the Federal Reserve H.15 rate of interest), taxes,
homeowner and private mortgage insurance and condominium or homeowner
association fees do not exceed 28% of the eligible monthly income
of the appropriate size household as determined under N.J.A.C. 5:80-26.4,
as may be amended and supplemented; provided, however, that the price
shall be subject to the affordability average requirement of N.J.A.C.
5:80-26.3, as may be amended and supplemented.
8.
The initial rent for a restricted rental unit shall be calculated
so as not to exceed 30% of the eligible monthly income of the appropriate
size household, including an allowance for tenant-paid utilities,
as determined under N.J.A.C. 5:80-26.4, as may be amended and supplemented;
provided, however, that the rent shall be subject to the affordability
average requirement of N.J.A.C. 5:80-26.3, as may be amended and supplemented.
9.
Income limits for all units that are part of the Borough's Housing
Element and Fair Share Plan, and for which income limits are not already
established through a federal program exempted from the Uniform Housing
Affordability Controls pursuant to N.J.A.C. 5:80-26.1, shall be updated
by the Borough annually within 30 days of the publication of determinations
of median income by HUD as follows:
(a)
The income limit for a moderate-income unit for a household
of four shall be 80% of the HUD determination of the median income
for COAH Region 4 for a family of four. The income limit for a low-income
unit for a household of four shall be 50% of the HUD determination
of the median income for COAH Region 4 for a family of four. The income
limit for a very-low-income unit for a household of four shall be
30% of the HUD determination of the median income for COAH Region
4 for a family of four. These income limits shall be adjusted by household
size based on multipliers used by HUD to adjust median income by household
size. In no event shall the income limits be less than the previous
year.
10.
In establishing sale prices and rents of affordable housing units,
the administrative agent shall follow the procedures set forth in
UHAC, utilizing the regional income limits established by the Council:
(a)
The price of owner-occupied very-low-, low-, and moderate-income units may increase annually based on the percentage increase in the regional median income limit for each housing region determined pursuant to Subsection d7. In no event shall the maximum resale price established by the administrative agent be lower than the last recorded purchase price.
(b)
The rents of very-low-, low- and moderate-income units may be
increased annually based on the permitted percentage increase in the
housing consumer price index for the Southern New Jersey Area, upon
its publication for the prior calendar year. This increase shall not
exceed 9% in any one year. Rents for units constructed pursuant to
low-income housing tax credit regulations shall be indexed pursuant
to the regulations governing low-income housing tax credits.
[Added 12-21-2021 by Ord.
No. 2021-34]
a.
Affordable units shall utilize the same type of heating source as
market units within an inclusionary development.
b.
Tenant-paid utilities included in the utility allowance shall be
set forth in the lease and shall be consistent with the utility allowance
approved by the NJDCA for its Section 8 program.
[Added 12-21-2021 by Ord.
No. 2021-34]
In referring certified households to specific restricted units,
the administrative agent shall, to the extent feasible and without
causing an undue delay in the occupancy of a unit, strive to:
[Added 12-21-2021 by Ord.
No. 2021-34]
a.
Control periods for restricted ownership units shall be in accordance
with N.J.A.C. 5:80-26.5, as may be amended and supplemented, and each
restricted ownership unit shall remain subject to the requirements
of this section for a period of at least 30 years, until Point Pleasant
Beach Borough takes action to release the unit from such requirements
and/or extend the controls on affordability; prior to such action,
a restricted ownership unit must remain subject to the requirements
of N.J.A.C. 5:80-26.1, as may be amended and supplemented. After 30
years, the Borough shall have unilateral authority to extend or release
such controls.
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 Borough's administrative agent,
or an administrative agent appointed by a particular developer, shall
determine the restricted price for the unit and shall also determine
the nonrestricted, fair market value of the unit based on either an
appraisal or the unit's equalized assessed value without the restrictions
in place.
d.
At the time of the initial sale of the unit, the initial purchaser
shall execute and deliver to the Borough's administrative agent, or
an administrative agent appointed by a particular developer, a recapture
note obligating the purchaser (as well as the purchaser's heirs, successors
and assigns) to repay, upon the first nonexempt sale after the unit's
release from the restrictions set forth in this section, an amount
equal to the difference between the unit's nonrestricted fair market
value and its restricted price, 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 following the removal of the restrictions provided
under N.J.A.C. 5:80-26.5(a), as may be amended and supplemented.
[Added 12-21-2021 by Ord.
No. 2021-34]
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 Borough's administrative agent, or an administrative
agent appointed by a particular developer.
b.
The Borough's administrative agent, or an administrative agent appointed
by a particular developer, shall approve all resale prices, in writing
and in advance of the resale, to assure compliance with the foregoing
standards.
c.
The master deeds of inclusionary developments shall provide no distinction
between the condominium or homeowner association fees and special
assessments paid by low- and moderate-income purchasers and those
paid by market purchasers, unless the master deed for the inclusionary
project was executed prior to the enactment of UHAC.
d.
The owners of restricted ownership units may apply to the Borough's
administrative agent, or an administrative agent appointed by a particular
developer, to increase the maximum sales price for the unit on the
basis of anticipated capital improvements. Eligible capital improvements
shall be those that render the unit suitable for a larger household
or the addition of a bathroom.
[Added 12-21-2021 by Ord.
No. 2021-34]
a.
Buyer income eligibility for restricted ownership units shall be
in accordance with N.J.A.C. 5:80-26.1, as may be amended and supplemented,
such that low-income ownership units shall be reserved for households
with a gross household income less than or equal to 50% of median
income, and moderate-income ownership units shall be reserved for
households with a gross household income less than 80% of median income.
b.
Notwithstanding the foregoing, the administrative agent may, upon
approval by the Borough Council, and may be subject to approval by
the Court-appointed Special Master or the Court, permit a moderate-income
purchaser to buy a low-income unit if and only if the administrative
agent can demonstrate that there is an insufficient number of eligible
low-income purchasers in the housing region to permit prompt occupancy
of the unit and all other reasonable efforts to attract a low-income
purchaser, including pricing and financing incentives, have failed.
Any such low-income unit that is sold to a moderate-income household
shall retain the required pricing and pricing restrictions for a low-income
unit.
c.
A certified household that purchases a restricted ownership unit
must occupy it as the certified household's principal residence and
shall not lease the unit; provided, however, that the administrative
agent may permit the owner of a restricted ownership unit, upon application
and a showing of hardship, to lease the restricted unit to another
certified household for a period not to exceed one year.
d.
The administrative agent shall certify a household as eligible for
a restricted ownership unit when the household is a low-income household
or a moderate-income household, as applicable to the unit, and the
estimated monthly housing cost for the particular unit (including
principal, interest, taxes, homeowner and private mortgage insurance
and condominium or homeowner association fees, as applicable) does
not exceed 33% of the household's eligible monthly income.
[Added 12-21-2021 by Ord.
No. 2021-34]
a.
Prior to incurring any indebtedness to be secured by a restricted
ownership unit, the owner shall apply to the Borough's administrative
agent, or an administrative agent appointed by a particular developer,
for a determination, in writing, that the proposed indebtedness complies
with the provisions of this section, and the Borough's administrative
agent, or an administrative agent appointed by a particular developer,
shall issue such determination prior to the owner incurring such indebtedness.
b.
With the exception of first purchase money mortgages, neither an
owner nor a lender shall at any time cause or permit the total indebtedness
secured by a restricted ownership unit to exceed 95% of the maximum
allowable resale price of the unit, as such price is determined by
the Borough's administrative agent, or an administrative agent appointed
by a particular developer, in accordance with N.J.A.C. 5:80-26.6(b).
[Added 12-21-2021 by Ord.
No. 2021-34]
a.
The owners of restricted ownership units may apply to the Borough's
administrative agent, or an administrative agent appointed by a particular
developer, to increase the maximum sales price for the unit on the
basis of capital improvements made since the purchase of the unit.
Eligible capital improvements shall be those that render the unit
suitable for a larger household or that add an additional bathroom.
In no event shall the maximum sales price of an improved housing unit
exceed the limits of affordability for the larger household.
b.
Upon the resale of a restricted ownership unit, all items of property
that are permanently affixed to the unit or were included when the
unit was initially restricted (for example, refrigerator, range, washer,
dryer, dishwasher, wall-to-wall carpeting) shall be included in the
maximum allowable resale price. Other items may be sold to the purchaser
at a reasonable price that has been approved by the Borough's administrative
agent, or an administrative agent appointed by a particular developer,
at the time of the signing of the agreement to purchase. The purchase
of central air conditioning installed subsequent to the initial sale
of the unit and not included in the base price may be made a condition
of the unit resale, provided the price, which shall be subject to
ten-year, straight-line depreciation, has been approved by the Borough's
administrative agent, or an administrative agent appointed by a particular
developer. Unless otherwise approved by the Borough's administrative
agent, or an administrative agent appointed by a particular developer,
the purchase of any property other than central air conditioning shall
not be made a condition of the unit resale. The owner and the purchaser
must personally certify at the time of closing that no unapproved
transfer of funds for the purpose of selling and receiving property
has taken place at the time of or as a condition of resale.
[Added 12-21-2021 by Ord.
No. 2021-34]
a.
Control periods for restricted rental units shall be in accordance
with N.J.A.C. 5:80-26.11, as may be amended and supplemented, and
each restricted rental unit shall remain subject to the requirements
of this section for a period of at least 30 years, until Point Pleasant
Beach Borough takes action to release the unit from such requirements
or to extend the control periods. Prior to such action, a restricted
rental unit must remain subject to the requirements of N.J.A.C. 5:80-26.1,
as may be amended and supplemented. After 30 years, the Borough shall
have unilateral authority to extend or release such controls.
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 Borough's administrative agent within 30 days of the receipt
of a certificate of occupancy.
c.
A restricted rental unit shall remain subject to the affordability
controls described in this section despite the occurrence of any of
the following events:
[Added 12-21-2021 by Ord.
No. 2021-34]
a.
A written lease shall be required for all restricted rental units
and tenants shall be responsible for security deposits and the full
amount of the rent as stated on the lease. A copy of the current lease
for each restricted rental unit shall be provided to the Borough's
administrative agent, or an administrative agent appointed by a particular
developer.
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 Borough's administrative agent, or an administrative
agent appointed by a particular developer.
c.
Application fees (including the charge for any credit check) shall
not exceed 5% of the monthly rent of the applicable restricted unit
and shall be payable to the developer and/or landlord or to the Borough's
administrative agent appointed by a particular developer. If the fees
are paid to the Borough's administrative agent or an administrative
agent appointed by a particular developer, they are to be applied
to the costs of administering the controls applicable to the unit
as set forth in this section.
d.
No rent control ordinance or other pricing restriction shall be applicable
to either the market units or the affordable units in any development
in which at least 15% of the total number of dwelling units are restricted
rental units in compliance with this section.
[Added 12-21-2021 by Ord.
No. 2021-34]
a.
Tenant income eligibility shall be in accordance with N.J.A.C. 5:80-26.13,
as may be amended and supplemented, and shall be determined as follows:
1.
Very-low-income rental units shall be reserved for households with
a gross household income less than or equal to 30% of the regional
median household income by household size.
2.
Low-income rental units shall be reserved for households with a gross
household income less than or equal to 50% of the regional median
household income by household size.
3.
Moderate-income rental units shall be reserved for households with
a gross household income less than 80% of the regional median household
income by household size.
b.
The Borough's administrative agent, or a qualified administrative
agent appointed by a particular developer, shall certify a household
as eligible for a restricted rental unit when the household is a very-low-income
household, low-income household or a moderate-income household, as
applicable to the unit, and the rent proposed for the unit does not
exceed 35% (40% for age-restricted units) of the household's eligible
monthly income as determined pursuant to N.J.A.C. 5:80-26.16, as may
be amended and supplemented; provided, however, that this limit may
be exceeded if one or more of the following circumstances exists:
1.
The household currently pays more than 35% (40% for households eligible
for age-restricted units) of its gross household income for rent,
and the proposed rent will reduce its housing costs;
2.
The household has consistently paid more than 35% (40% for households
eligible for age-restricted units) of eligible monthly income for
rent in the past and has proven its ability to pay;
3.
The household is currently in substandard or overcrowded living conditions;
4.
The household documents the existence of assets with which the household
proposes to supplement the rent payments; or
5.
The household documents reliable anticipated third-party assistance
from an outside source such as a family member in a form acceptable
to the administrative agent and the owner of the unit.
[Added 12-21-2021 by Ord.
No. 2021-34]
a.
The position of Municipal Housing Liaison (MHL) for the Borough of
Point Pleasant Beach 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 Beach.
2.
The person appointed as the MHL must be reported to the Superior
Court and thereafter posted on the Borough's website.
3.
The MHL must meet all the requirements for qualifications, including
initial and periodic training, if such training is made available
by COAH or the DCA.
4.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Borough
of Point Pleasant Beach, including the following responsibilities
which may not be contracted out to the administrative agent, or the
administrative agent appointed by a specific developer:
(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)
Compiling, verifying and submitting annual reports as required;
(e)
Coordinating meetings with affordable housing providers and
administrative agents, as applicable; and
(f)
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), if such continuing education opportunities are made available
by COAH or the DCA.
b.
Subject to the approval of the Superior Court, the Borough of Point
Pleasant Beach shall designate one or more administrative agent(s)
to administer and to affirmatively market the affordable units constructed
in the Borough in accordance with UHAC and this section.
[Added 12-21-2021 by Ord.
No. 2021-34]
An administrative agent may be either an independent entity
serving under contract to and reporting to the Borough or reporting
to a specific individual developer, or the municipality itself, through
a designated municipal employee, department, board, agency or committee,
pursuant to N.J.A.C. 5:80-26.14(c). The fees of the administrative
agent shall be paid by the owners of the affordable units for which
the services of the administrative agent are required. The Borough
administrative agent shall monitor and work with any individual administrative
agents appointed by individual developers. The administrative agent(s)
shall perform the duties and responsibilities of an administrative
agent as set forth in UHAC, including those set forth in N.J.A.C.
5:80-26.14, 5:80-26.16 and 5:80-26.18 thereof, which includes:
a.
Affirmative marketing.
1.
The administrative agent designated by the Borough of Point Pleasant
Beach shall assure the affirmative marketing of all affordable housing
units consistent with the affirmative marketing plan of the Borough
of Point Pleasant Beach and applicable law, including posting of all
affirmative units on the online New Jersey Housing Resource Center
website; and
2.
The administrative agent shall provide counseling or contracting
to provide counseling services to low- and moderate-income applicants
on subjects such as budgeting, credit issues, mortgage qualification,
rental lease requirements, and landlord/tenant law.
b.
Household certification.
1.
Soliciting, scheduling, conducting and following up on interviews
with interested households;
2.
Conducting interviews and obtaining sufficient documentation of gross
income and assets upon which to base a determination of income eligibility
for a low- or moderate-income unit;
3.
Providing written notification to each applicant as to the determination
of eligibility or noneligibility;
4.
Requiring that all certified applicants for restricted units execute
a certificate substantially in the form, as applicable, of either
the ownership or rental certificates set forth in Appendices J and
K of N.J.A.C. 5:80-26.1 et seq.;
5.
Creating and maintaining a referral list of eligible applicant households
living in the housing region and eligible applicant households with
members working in the housing region where the units are located;
6.
Employing a random selection process as provided in the affirmative
marketing plan of the Borough of Point Pleasant Beach when referring
households for certification to affordable units; and
7.
Notifying the following entities of the availability of affordable
housing units in the Borough of Point Pleasant Beach: FSHC, the New
Jersey State Conference of the NAACP, the Latino Action Network, STEPS,
OCEAN Inc., the Greater Red Bank, Asbury Park/Neptune, Bayshore, Greater
Freehold, Greater Long Branch, and Trenton Branches of the NAACP and
the Supportive Housing Association.
c.
Affordability controls.
1.
Furnishing to attorneys or closing agents forms of deed restrictions
and mortgages for recording at the time of conveyance of title of
each restricted unit;
2.
Creating and maintaining a file on each restricted unit for its control
period, including the recorded deed with restrictions, recorded mortgage
and note, as appropriate;
3.
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the Ocean
County Register of Deeds or the Ocean County Clerk's office after
the termination of the affordability controls for each restricted
unit;
4.
Communicating with lenders regarding foreclosures; and
5.
Ensuring the issuance of continuing certificates of occupancy or
certifications pursuant to N.J.A.C. 5:80-26.10.
d.
Resales and rerentals.
1.
Instituting and maintaining an effective means of communicating information
between owners and the Borough's administrative agent, or any administrative
agent appointed by a specific developer, regarding the availability
of restricted units for resale or rerental; and
2.
Instituting and maintaining an effective means of communicating information
to low- (or very-low-) and moderate-income households regarding the
availability of restricted units for resale or rerental.
e.
Processing requests from unit owners.
1.
Reviewing and approving requests for determination from owners of
restricted units who wish to take out home equity loans or refinance
during the term of their ownership that the amount of indebtedness
to be incurred will not violate the terms of this section;
2.
Reviewing and approving requests to increase sales prices from owners
of restricted units who wish to make capital improvements to the units
that would affect the selling price, such authorizations to be limited
to those improvements resulting in additional bedrooms or bathrooms
and the depreciated cost of central air-conditioning systems;
3.
Notifying the Borough of an owner's intent to sell a restricted unit;
and
4.
Making determinations on requests by owners of restricted units for
hardship waivers.
f.
Enforcement.
1.
Securing annually from the Borough a list of all affordable housing
units for which tax bills are mailed to absentee owners, and notifying
all such owners that they must either move back to their unit or sell
it;
2.
Securing from all developers and sponsors of restricted units, at
the earliest point of contact in the processing of the project or
development, written acknowledgement of the requirement that no restricted
unit can be offered, or in any other way committed, to any person,
other than a household duly certified to the unit by the Borough's
administrative agent, or any administrative agent appointed by a specific
developer;
3.
Posting annually, in all rental properties (including two-family
homes), a notice as to the maximum permitted rent together with the
telephone number of the Borough's administrative agent, or any administrative
agent appointed by a specific developer, where complaints of excess
rent or other charges can be made;
4.
Sending annual mailings to all owners of affordable dwelling units,
reminding them of the notices and requirements outlined in N.J.A.C.
5:80-26.18(d)4;
5.
Establishing a program for diverting unlawful rent payments to the
Borough's Affordable Housing Trust Fund; and
6.
Creating and publishing a written operating manual for each affordable
housing program administered by the Borough's administrative agent,
or any administrative agent appointed by a specific developer, to
be approved by the Borough Council and the Superior Court, setting
forth procedures for administering the affordability controls.
g.
Additional responsibilities.
1.
The administrative agent shall have the authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
2.
The administrative agent shall prepare monitoring reports for submission
to the Municipal Housing Liaison in time to meet the Court-approved
monitoring and reporting requirements in accordance with the deadlines
set forth in this section. The Borough's administrative agent will
be responsible for collecting monitoring information from any administrative
agents appointed by specific developers. The Borough's administrative
agent, or any administrative agent appointed by a specific developer,
shall attend continuing education sessions on affordability controls,
compliance monitoring, and affirmative marketing at least annually
and more often as needed.
[Added 12-21-2021 by Ord.
No. 2021-34]
a.
The Borough of Point Pleasant Beach shall adopt by resolution an
affirmative marketing plan that is compliant with N.J.A.C. 5:80-26.15,
as may be amended and supplemented.
b.
The affirmative marketing plan is a regional marketing strategy designed
to attract buyers and/or renters of all majority and minority groups,
regardless of race, creed, color, national origin, ancestry, marital
or familial status, gender, affectional or sexual orientation, disability,
age or number of children to housing units which are being marketed
by a developer, sponsor or owner of affordable housing. The affirmative
marketing plan is intended to target those potentially eligible persons
who are least likely to apply for affordable units in that region.
It is a continuing program that directs marketing activities toward
Housing Region 4 and is required to be followed throughout the period
of restriction.
c.
The affirmative marketing plan shall provide a regional preference
for all households that live and/or work in Housing Region 4, comprised
of Mercer, Monmouth and Ocean Counties.
d.
The Borough has the ultimate responsibility for adopting the affirmative
marketing plan and for the proper administration of the affirmative
marketing program, including initial sales and rentals and resales
and rerentals. The Borough's administrative agent designated by the
Borough of Point Pleasant Beach, or any administrative agent appointed
by a specific developer, shall implement the affirmative marketing
plan to assure the affirmative marketing of all affordable units.
e.
In implementing the affirmative marketing plan, the Borough's administrative
agent, or any administrative agent appointed by a specific developer,
shall provide a list of counseling services to very-low-, low-, and
moderate-income applicants on subjects such as budgeting, credit issues,
mortgage qualification, rental lease requirements, and landlord/tenant
law.
f.
The affirmative marketing plan shall describe the media to be used
in advertising and publicizing the availability of housing. In implementing
the affirmative marketing plan, the Borough's administrative agent,
or any administrative agent appointed by a specific developer, shall
consider the use of language translations where appropriate.
g.
The affirmative marketing process for available affordable units
shall begin at least 120 days prior to the expected date of occupancy.
h.
Applications for affordable housing shall be available in several
locations, including, at a minimum, the County Administration Building
and/or the County Library for each county within the housing region;
and the municipal building in which the units are located; and the
developer's rental office. Applications shall be mailed to prospective
applicants upon request.
i.
The costs of advertising and affirmative marketing of the affordable
units shall be the responsibility of the developer, sponsor or owner.
[Added 12-21-2021 by Ord.
No. 2021-34]
Upon the occurrence of a breach of any of the regulations governing
an affordable unit by an owner, developer or tenant, the Borough shall
have all remedies provided at law or equity, including, but not limited
to, foreclosure, tenant eviction, a requirement for household recertification,
acceleration of all sums due under a mortgage, recoupment of any funds
from a sale in violation of the regulations, injunctive relief to
prevent further violation of the regulations, entry on the premises,
and specific performance.
a.
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 Borough
may take the following action(s) against the owner, developer or tenant
for any violation that remains uncured for a period of 60 days after
service of the written notice:
1.
The Borough may file a court action pursuant to N.J.S.A. 2A:58-11
alleging a violation or violations of the regulations governing the
affordable housing unit. If the owner, developer or tenant is adjudged
by the Superior 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 $2,000 per day or imprisonment for a
period not to exceed 90 days, or both, provided that each and every
day that the violation continues or exists shall be considered a separate
and specific violation of these provisions and not a continuation
of the initial offense;
(b)
In the case of an owner who has rented a very-low-, low- or
moderate-income unit in violation of the regulations governing affordable
housing units, payment into the Borough of Point Pleasant Beach Affordable
Housing Trust Fund, if applicable, of the gross amount of rent illegally
collected;
(c)
In the case of an owner who has rented a very-low-, 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 Borough may file a court action in the Superior Court seeking
a judgment that would result in the termination of the owner's equity
or other interest in the unit, in the nature of a mortgage foreclosure.
Any such judgment shall be enforceable as if the same were a judgment
of default of the first purchase money mortgage and shall constitute
a lien against the low- or moderate-income unit.
b.
The judgment shall be enforceable, at the option of the Borough,
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 Borough,
including attorney's fees. The violating owner shall have his right
to possession terminated as well as his title conveyed pursuant to
the Sheriff's sale.
1.
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 Borough 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 Borough
in full as aforesaid, the violating owner shall be personally responsible
for the full extent of such deficiency, in addition to any and all
costs incurred by the Borough 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 Borough for
the owner and shall be held in such escrow for a maximum period of
two years or until such earlier time as the owner shall make a claim
with the Borough 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 Borough. Any interest accrued or earned on
such balance while being held in escrow shall belong to and shall
be paid to the Borough, whether such balance shall be paid to the
owner or forfeited to the Borough.
2.
Foreclosure by the Borough 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 very-low-, 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.
3.
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 Borough may acquire title to the very-low-, 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 very-low-, 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.
4.
Failure of the very-low-, low-, and moderate-income unit to be either
sold at the Sheriff's sale or acquired by the Borough shall obligate
the owner to accept an offer to purchase from any qualified purchaser
which may be referred to the owner by the Borough, with such offer
to purchase being equal to the maximum resale price of the very-low-,
low-, and moderate-income unit as permitted by the regulations governing
affordable housing units.
5.
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.
[Added 12-21-2021 by Ord.
No. 2021-34]
Appeals from all decisions of an administrative agent appointed
pursuant to this section shall be filed, in writing, with the Superior
Court.
[Added 12-21-2021 by Ord.
No. 2021-34]
a.
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.
All affordable units must be constructed on-site; provided, however,
that the Borough may, on a case-by-case basis, permit off-site affordable
housing, at its sole discretion.
b.
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.
c.
This section shall not apply to developments containing four or fewer
dwelling units.
d.
All subdivision and site plan approvals of qualifying residential
development shall be conditioned upon compliance with the provisions
of this section.
e.
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.
f.
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 section, 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 section.
g.
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 subsection consistent with N.J.S.A. 52:27D-311(h)
and other applicable law.
h.
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.
i.
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.
