Borough of Allenhurst, NJ Development Regulations

Business and Professional Offices

Butcher Shops

Candy Stores

Card and Gift Shops

Computer Sales and Services

15.

Delicatessens and Caterers

16.

Dry Cleaning Drop Stores

Financial Planners

Fitness Centers

Floor Covering Sales

Florists and Garden Centers

21.

Formal Wear Sales and Rentals

Green Grocers

Grocery Stores

Hardware Stores

Health Care Professionals

Ice Cream Stores

Interior Decorators

Jewelry Stores

Liquor Stores

Locksmiths

Mailing and Shipping Centers

32.

Medical Equipment and Devices Sales and Repairs

33.

Music Stores

34.

Musical Instrument Stores

35.

New Home Furnishings and Repairs

36.

New Wearing Apparel Sales

37.

Office Supplies and Equipment Sales and Repairs

38.

Pet Stores

39.

Pharmacies

40.

Photography Studio and Camera Sales, Supplies and Repairs

41.

Post Office

42.

Printing and Copying Centers

43.

Public Utility Offices

44.

Real Estate and Insurance Offices

45.

Restaurants, provided that outdoor dining is permitted only between April 1 and November 1 and that no equipment such as tables, chairs, sales racks, etc., be placed upon the public sidewalk

46.

Sporting Goods Stores

Tailors and Cobblers

Tanning Salons

Title Companies

Toy Stores

Travel Agencies

Video Stores

Vitamin Health Food Stores

54.

Houses of worship as herein defined.

[Added 5-8-2018 by Ord. No. 2018-06]

Access. All buildings on Main Street shall front on Main Street. All entrances and exits to buildings on the east side of Main Street shall be on Main Street. No motor vehicle entrance or exit from any property in the district shall be permitted east of Main Street on any street or avenue running east and west.

Height. No building or structure shall be erected having more than two (2) stories and exceeding twenty-eight (28) feet in height.

Setback. No story of a building shall be nearer to the street line of any street on which it faces than the average alignment of the corresponding stories of existing buildings within the same block.

Side Yard. Every story of every building facing Main Street shall extend to the sidelines of the lot upon which the building is erected, except as follows:

Interior lots which have buildings that do not extend to the side lot lines shall have a side yard at least ten (10) feet wide on each side which is not on the lot line.

On corner lots on the east side of Main Street, all buildings and all attachments and extensions thereto shall conform to the existing average setback alignment of the main front wall of buildings and dwellings in the same block on streets running east and west.

On corner lots on the west side of Main Street, all buildings and all attachments and extensions thereto shall have a setback of at least ten (10) feet from the street line of streets running east and west.

Rear Yard. A rear yard is required on all lots. Its depth shall comply with the following:

All lots between the west side of Main Street and the North Jersey Coast Railroad right-of-way shall have a rear yard depth not less than twenty (20%) percent of the depth of the lot.

All lots on the east side of Main Street shall have a rear yard depth not less than ten (10) feet, measured westerly from and at right angles to the easterly boundary of C-1 District or to the rear lot line, if it is nearer to the front line, to the nearest point on any building or structure constructed on the lot.

§ 26-4.6 C-2 Commercial District.

[Ord. 6/26/79 § 406; Ord. No. 96-13 § I]

Uses. In the C-2 District the following uses and businesses are permitted:

All uses and businesses permitted in C-1 District.

All uses typically associated with a public utility.

Access. Except on Hume Street, all entrances and exits to buildings in the district shall face onto Main Street. No motor vehicle entrance to or exit from any property in the district shall be permitted on Elberon Avenue.

Height. No building or structure shall be erected having more than three (3) stories and exceeding forty (40) feet in height except as follows:

Only the following may occupy the second floor and third floor of a three (3) story building:

Business offices.

Setback.

No building shall be nearer to the street line on Main Street than the average alignment of corresponding stories of existing buildings within the same block.

No building shall be nearer to the street line on Hume Street than the average setback alignment of the residential dwellings in the R-2 District in the same block.

Side Yard Requirements for Buildings on Interior Lots Not Exceeding Two (2) Stories in Height. All buildings shall extend to the side lot line except as follows:

Lots on the Village of Loch Arbour Boundary line shall have a side yard no less than three (3) feet wide on the side of the building nearest the Loch Arbour line.

Interior lots which have buildings that do not extend to the side lot lines shall have a side yard at least ten (10) feet wide on each building side which is not on the lot line.

Side Yard Requirements for Buildings Three (3) Stories in Height on Interior Lots. Each side yard between the building and each side lot line shall be at least ten (10') feet wide and the sum of the two (2) side yards shall not be less than twenty-five (25%) percent of the lot width.

Side Yard Requirements for Buildings on Corner Lots. On corner lots on the east side of Main Street, all buildings and all attachments and extensions thereto shall conform to the existing average setback alignment of the main front wall of buildings and dwellings in the same block on streets running east and west.

Rear Yard. A rear yard is required on all lots. Its depth at ground level shall not be less than twenty (20%) percent of the lot depth.

§ 26-4.7 C-3 Commercial District.

[Ord. 6/26/79 § 407; Ord. No. 96-13 § I]

Uses. In the C-3 District, the following uses and businesses are permitted:

All uses and businesses permitted in the C-1 District.

Height. No building or structure shall be erected having more than three (3) stories and exceeding forty (40) feet in height.

Setback.

No building shall be nearer to the street line on Main Street than the average alignment of corresponding stories of the existing buildings now located on the west side of Main Street between Spier Avenue and Cedar Avenue.

No building shall be nearer to the street line on Spier Avenue than the present average setback of the first floors of existing buildings in the same block.

No building shall be nearer to the street line on Cedar Avenue than ten (10) feet.

Side yard requirements for buildings on interior lots not exceeding two (2) stories in height are the same as for C-2 District (subsection 26-4.6, paragraph e.) except that the Borough of Deal boundary applies instead of the Village of Loch Arbour boundary.

Side yard requirements for buildings three (3) stories in height on interior lots are the same as for C-2 District (subsection 26-4.6, paragraph f.).

Rear yard requirement is the same as for C-2 District (subsection 26-4.6, paragraph h).

§ 26-4.8 B-1 Business Office District.

[Ord. 6/26/79 § 408]

Uses. In the B-1 Business Office District the following uses are permitted:

Business offices.

Ticket offices and newspaper stands for use by the patrons of the railroad servicing the Borough of Allenhurst.

Houses of worship as herein defined.

[Added 5-8-2018 by Ord. No. 2018-06]

General Requirements. In the B-1 District, the following general requirements shall prevail:

No building shall be erected or constructed having more than two (2) stories and exceeding thirty (30) feet in height. The first floor may be located no higher than twenty-four (24) inches above the sidewalk measured from the nearest Borough owned street. All offices, office space, ticket offices, newspaper stands to be constructed in the B-1 District shall be located above ground level. Ground level shall be considered to be the grade established on the nearest Borough owned sidewalk. Any cellar or subground level area may only be used or utilized for storage purposes as well as for housing the necessary utility units for heating, plumbing, electric and other necessary utility units associated with the use of the building.

Setbacks. Any building or structure to be constructed within the B-1 District shall be set back a distance of not less than eighteen (18) feet from the easternmost boundary of the district and shall be set back a distance of not less than two (2) feet from the westernmost boundary of the district and shall be set back a distance of not less than fifty (50) feet from the district's southernmost boundary and shall be set back a distance of not less than fifty (50) feet from the district's northernmost boundary. The setback from the eastern boundary, extending the length of the building, may not be used as a driveway or for parking of motor vehicles; however, the areas on the northern and southern boundaries may be used for the parking of motor vehicles.

In the B-1 District there shall be located within the eighteen (18) foot setback above referred to, which is located on the eastern most boundary of the district, an area which shall be planted with a lawn and shrubbery which is compatible with the landscaping of the Borough owned park. The planting area shall be located in front of the building or structure for essentially the full length of same and in an attractive fashion.

Off-street Parking. In the B-1 District off-street parking spaces shall be provided for the use of occupants and patrons of the premises and shall be located in only the north and south yard areas and shall be exterior to the building or structure. There shall be provided at least one (1) parking space for each two hundred fifty (250) square feet of gross floor area of the structure or building to be erected.

§ 26-4.9 B-2 Business Office District.

[Ord. 6/26/79 § 409]

Uses. In the B-2 district no building shall be erected and no building shall be used for other than business offices, a post office or houses of worship as herein defined.

[Amended 5-8-2018 by Ord. No. 2018-06]

Access. All buildings shall front on Main Street and all entrances and exits to buildings shall be on Main Street. No motor vehicle entrance to or exit from any property in the district shall be permitted on any street or avenue running east and west.

Height. No building or structure shall be erected having more than two (2) stories and exceeding twenty-eight (28) feet in height.

Setback. Requirement is the same as for C-2 District (subsection 26-4.6, paragraph d.).

Side Yard. Requirements are the same as for C-1 District (subsection 26-4.5, paragraphs e1 and e2).

Rear Yard. A rear yard is required on all lots. Its depth shall not be less than ten (10) feet, measured westerly from and at right angles to the easterly boundary of B-2 District or to the rear lot line, if it is nearer to the front line, to the nearest point on any building or structure constructed on the lot.

§ 26-4.10 Multifamily Overlay District.

[Ord. No. 2004-12 § 2]

Purpose. The Multifamily Overlay District is created as an overlay district in the C-2 Zoning District so as to provide opportunities for the development of multifamily residences in the Borough in an area that contains buildings and properties that lend themselves for renovation of such use, and so as to provide for the continued availability of housing for the elderly, small families, and single persons.

The zoning regulations of this district are based on a number of factors, including but not limited to the following: (1) the provision of a housing type needed in the Borough, in a location and in a district in which appropriate structures and infrastructure can be provided; (2) the Master Plan objective that seeks to modify the appropriate regulations in the Developmental Ordinance to assure the continued availability of housing for the elderly, small families, and single persons; and (3) the planning advantages of a district providing for multifamily residential development.

Principal Permitted Uses. None.

Conditional Uses. Multifamily residences.

Conditional Use Standards.

Minimum Lot Size. Three (3) acres, which may be noncontiguous. If comprised of noncontiguous properties, a tract developed for multifamily residences shall be located on adjacent tax blocks, but shall not contain any intervening properties developed for any other uses.

Minimum Front Yard: None.

Minimum Side Yard: 10 feet

Minimum Rear Yard: 25 feet

Maximum Density: 25 dwelling units per acre

Maximum Floor Area Ratio: 1.0

Maximum Building Height: 40 feet

Parking: Sufficient off-street parking shall be provided in accordance with the Residential Site Improvement Standards.

Accessory Uses. The following accessory uses and accessory buildings and structures incidental to the primary use of a multifamily residence are permitted, subject to any condition and limitations hereinafter set forth:

Garage or carport.

Fences, garden walls and other landscaped features including pools, fountains, statuary, terraces, steps, benches, and playground equipment.

Fully enclosed storage space for maintenance equipment and supplies, maintenance shop and management office for servicing the multifamily community, provided such activities shall not be located within storage containers.

Bathhouse, playhouse, greenhouse and similar buildings, customary to residential use.

Community building to permit gathering of residents for recreation or community business.

Underlying Zones. This Multifamily Overlay District shall only be permitted in the C-2 District.

§ 26-5 GENERAL PROVISIONS.

§ 26-5.1 Streets.

[Ord. 6/26/79 § 501]

In all districts in the Borough no permit for the erection of any building or structure shall be issued unless the lot in question abuts a street giving access to such proposed building or structure. Such street shall have been duly placed on the Official Map or shall be a. an existing State or Municipal street or highway or b. a street shown on a plat approved by the Planning Board, or c. a street on a plat duly filed in the office of the County Recording Officer prior to the passage of the within chapter. Before any such permit shall be issued, such street shall have been certified to be suitably improved to meet the requirements of subsection 26-7.1.

§ 26-5.2 Fences.

[Ord. 6/26/79 § 502; Ord. No. 96-13 § I; Ord. No. 2013-03]

Definition. A fence shall be 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, wall or trestle, or a frame of wood, iron or other material.

No fence of any type or material whatsoever shall be erected or constructed without obtaining a permit from the Zoning Officer. This shall also apply to hedges.

Fences or hedges shall not exceed four (4) feet in height along the front yard up to the main body of the house, (excluding the front porch). All fences shall be properly supported and braced, and shall have a gate opening not less than three (3) feet in width, and shall not be electrically charged, spiked or barbed wire.

All fences shall be symmetrical in appearance, posts separated by identical distances and fencing conforming to definite pattern and size of uniform design, separation, and at least fifty (50%) percent of open construction. 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. No solid fence shall be permitted.

No fence or growth shall be maintained on any corner lot which will obstruct the view of motorists or pedestrians.

All hedges shall be properly cut, trimmed, maintained, and shall not exceed the height limitations herein set forth for fences.

No fence of chain link, barbed wire, razor wire or similar material is permitted.

§ 26-5.3 Animals.

[Ord. 6/26/79 § 503]

In all districts within the Borough the keeping of animals or fowl other than cats and dogs is prohibited.

§ 26-5.4 Driveways and Curb Cuts.

[Ord. 6/26/79 § 504; Ord. 2006-17 § 1; Ord. No. 2017-12 § 4; amended 3-8-2022 by Ord. No. 2022-04]

All driveways must run from any public street, highway or thoroughfare directly to an attached or detached garage located on the property. Installation of new driveways shall not disturb existing street trees. Common, combined driveways are prohibited, and U-shaped driveways are discouraged. The minimum width of any driveway shall be nine (9) feet, and shall not be more than ten (10) feet wide from the public right-of-way to the front building line of the dwelling. Driveways shall not be constructed of any material other than brick, concrete, asphalt, or other similar rigid, nonporous material.

Paving strips or ribbon driveways are hereby prohibited. However, if the applicant can establish by competent evidence that paving strips or ribbon driveways had historically been present at the property, the Board has the discretion to grant an exception for the same. In that event, the "gap" between the paving strips or ribbon driveway shall be deemed to be an impervious surface and included in the calculation for impervious coverage.

Driveway curb cuts shall be limited to those necessary to service driveways of no greater than ten (10) feet, and shall not be wider than twelve (12) feet. Vehicular parking is encouraged behind the front of the dwelling and discouraged in front yards.

§ 26-5.5 Bulkhead Line.

[Ord. 6/26/79 § 505]

In order to conserve and protect the properties bordering or lying adjacent to the Atlantic Ocean between the southerly line of Allen Avenue and the northerly line of Elberon Avenue, the Borough does hereby establish the bulkhead line between the streets to be along the line of the most easterly existing bulkhead, as of the date of adoption of this chapter.

No person shall construct, reconstruct or repair any bulkhead easterly of such line above established. All such bulkheads shall be constructed of wood, steel, concrete or stone and according to plans as submitted to and approved by appropriate government authority.

§ 26-5.6 Certificate of Occupancy.

[Ord. 6/26/79 § 506; amended 12-10-2019 by Ord. No. 2019-11]

No person shall occupy or use or permit the occupancy or use of any building or premises or part hereafter created, erected, changed, converted or enlarged, wholly or partly, until a certificate of occupancy shall have been issued by either the Construction Official or Code Enforcement Officer. Such certificate shall show that the building or premises and the proposed use are in conformity with the provisions of this chapter. It shall be the duty of the Construction Official and/or the Code Enforcement Officer to issue a certificate of occupancy within the time prescribed by applicable state statute.

§ 26-5.7 Lighting.

[Ord. 6/26/79 § 507]

All parking areas and walkways thereto and appurtenant passageways and driveways serving uses having common off-street parking and/or loading areas and buildings requiring area lighting shall be adequately illuminated for security and safety purposes. The lighting plan in and around the parking areas shall provide for nonglare, color corrected lights focused downward. The light intensity provided at ground level shall be a minimum of three-tenths (.3) foot candle anywhere in the area to be illuminated, shall average a minimum of five-tenths (.5) foot candle over the entire area and shall be provided by fixtures with a mounting height not more than twenty-five (25) feet or the height of the building, whichever is less, measured from the ground level to the centerline of the light source, spaced a distance not to exceed five (5) times the mounting height. Any other outdoor lighting such as building and sidewalk illumination, driveways with no adjacent parking, 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 a 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 the site plan approval by the Board.

§ 26-5.8 Off-Street Parking, Loading and Driveways.

[Ord. 6/26/79 § 508]

General Provisions.

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 26-5.7.

Surfacing and Curbing.

All parking and loading areas and access drives shall be paved as determined by the Borough Engineer and Board and approved as part of the plan approval. All parking areas, regardless of size and location, shall be suitably drained and maintained.

All off-street parking and loading areas shall be provided with curbing or curb stops 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.

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 in cases when it is determined during the site plan review, that the requirements for on-site 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.

Type of Facility. Parking spaces may be on 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.

Location of parking areas, when not otherwise specified, is subject to site plan approval. The provisions of parking and loading spaces shall also include adequate driveway and necessary turning areas for handling the vehicles for which provision is made. Aisles providing access to parking spaces shall have the following minimum dimensions. Where the angle of parking is different on both sides of the aisle, the larger aisle width shall prevail.

Angle of Parking Space	For Parking Spaces Nine (9) Feet Wide		For Parking Spaces Ten (10) Feet Wide
	One-Way Aisle	Two-Way Aisle	One-Way Aisle	Two-Way Aisle
90°	25'	25'	22'	25'
60°	20'	22'	18'	20'
45°	18'	20'	15'	20'
30°	15'	18'	12'	18'
Parallel	12'	18'	12'	18'

Specified 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.

Local retail and service activities, banks and offices shall provide parking at the ratio of four (4) spaces per one thousand (1,000) square feet of gross floor area.

Restaurants shall provide a minimum of one (1) parking space from every ten (10) seats, but in all cases, a sufficient number of spaces to prevent any parking along public rights-of-way or private driveways.

Manufacturing plants, industrial plants, laboratories, wholesale distribution centers, and warehouses shall provide parking at the ratio of one (1) space for every two thousand (2,000) square feet of gross floor area used for inside storage and warehousing, plus one (1) space for every one thousand (1,000) square feet of gross floor area used for manufacturing, plus one (1) space shall be provided for every vehicle owned and/or operated by the use operating from the site.

Houses of worship shall provide a minimum of one off-street parking space for every six permanent seats, inclusive of benches, located within the main congregation seating area, or where seats or benches are not provided, one off-street parking space per 75 square feet of gross floor area within the main congregation seating area. All parking areas consisting of five or more stalls shall include a minimum five-foot buffer when located adjacent to a residential use. The buffer shall consist of landscaping and a solid fence of at least four feet in height.

[Added 5-8-2018 by Ord. No. 2018-06]

§ 26-5.9 Performance Standards for All Uses.

[Ord. 6/26/79 § 509; Ord. No. 90-03 § 1; Ord. No. 96-13 § I]

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.

Drainage. No stormwater 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.

Electrical and/or Electronic Radiation Control. All electrical or electronic devices located within the boundaries of a dwelling unit; manufacturing industrial or commercial building; medical clinic; or professional office, shall be subject to the provisions of Public Law 90-602, 90th Congress HR 10790, dated October 18, 1968, entitled "An Act for the Protection of Public Health and Safety from the Dangers of Electronic Product Radiation." Radiation products, as defined in DHEW Publication No. (FDA) 75-8003, shall be so limited and controlled so that no measurable energy can be recorded at any point beyond the property boundaries. Applicant shall, upon request, produce certified data wherein measurements made in accordance with the procedure and standards set forth in the DHEW Publication No. (FDA)75-8003 adequately demonstrate compliance to the minimum standards established by the Act. All other forms of electromagnetic radiation lying between 100Hz and 100KHz shall be restricted to the technical limits established in the Federal Communication Commission's Rules and Regulations.

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.

Heat. No use shall produce heat perceptible beyond its lot lines.

Noise. Noise levels shall be designed and operated in accordance with local regulations and those rules established by the New Jersey Department of Environmental Protection as they are adopted and amended.

Odor. Odors shall not be discernible at the lot lines or beyond.

Storage and Waste Disposal. No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance be deposited which can contaminate an underground aquifer or otherwise render such underground aquifer undesirable as a source of water supply or recreation, or which will destroy aquatic life. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be enclosed in appropriate containers adequate to eliminate such hazards.

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 (10) feet and equipped with baffles to deflect the discharged air away from the adjacent use.

Vibration. There shall be no vibration which is discernible to the human sense of feeling beyond the immediate lot.

Recyclable Materials Storage. Materials designated in the Borough of Allenhurst Recycling Ordinance (Regulations concerning recycling are contained in Chapter XVI Solid Waste Management.) shall be separated from other solid waste by the generator and a storage area for recyclable material shall be provided as follows:

For each subdivision application for fifty (50) or more single family units, the applicant shall provide a storage area of at least twelve (12) square feet within each dwelling unit to accommodate a four (4) week accumulation of mandated recyclables (including but not limited to: newspaper, glass bottles, aluminum cans, tin and bimetal cans). The storage area may be located in the laundry room, garage, basement or kitchen.

For each subdivision application for twenty-five (25) or more multifamily units, the applicant shall provide a storage area of at least three (3) square feet within each dwelling unit to accommodate a one (1) week accumulation of mandated recyclables (including but not limited to: newspaper, glass bottles, aluminum cans, tin and bimetal cans). The storage area may be located in the laundry room, garage, or kitchen. At least one (1) or more common storage areas must be provided at convenient locations within the development.

For each site plan application for commercial and industrial developments that utilize one thousand (1,000) square feet or more of land, the applicant shall provide the municipal agency with estimates of the quantity of mandated recyclable materials (including but not limited to newspaper, glass bottles, aluminum cans, tin and bimetal cans, high grade paper, and corrugated cardboard) that will be generated by the development during each week. A separate storage area must be provided to accommodate a one (1) to four (4) weeks accumulation of recyclable material. The municipal agency may require the location of one (1) or more common storage areas at convenient locations within the development.

Exterior security shutters and solid interior security shutters are prohibited on all buildings in the commercial and business districts.

§ 26-5.10 Signs.

[Ord. 6/26/79 § 510; Ord. No. 96-13 § I]

Definitions. As used in this subsection:

ERECT

shall mean to build, construct, attach, place, suspend or affix and shall also include the painting of wall signs and the painting of signs or displays on the exterior surface of a building or structure.

GROUND SIGNS

shall mean any sign supported by up-rights or braces placed upon the ground and not attached to any building.

ILLUMINATED SIGNS

shall mean any sign which has characters, letters, figures, designs, or outline illuminated by electric lights or luminous tubes as a part of the sign proper.

PROJECTING SIGNS

shall mean any sign which is attached to a building or other structure and extends beyond the line of the building or structure or beyond the surface of that portion of the building or structure to which it is attached.

ROOF SIGNS

shall mean any sign erected, constructed and maintained wholly upon or over the roof of any building with the principal support on the roof structure.

SIGN

shall mean and include every sign, billboard, ground sign, wall sign, roof sign, sign painted on the exterior surface of a building structure, illuminated sign, projecting sign, temporary sign, awning and canopy and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person, firm or corporation when it is placed out of doors in view of the general public.

TEMPORARY SIGN

shall mean any sign, banner, permit, valance with or without frames, intended to be displayed for a short period of time only.

WALL SIGNS

shall mean all flat signs of solid face construction which are placed against a building or other structure and attached to the exterior front, rear or side wall of any building or other structure.

Permit Required. No person shall erect, alter, relocate or maintain within the Borough any sign, as defined in this subsection, without first making application for and obtaining an erection permit from the Construction Official. The changing of lettering or any other material change in any sign shall be considered as the erection of a new sign. This provision shall not apply to ground signs permitted under paragraph h.

Application for Permit. Application for erection permits shall be accompanied by the required fee and shall contain the following information:

Name, address and telephone number of the applicant.

Location of building, structure or lot to which or upon which the sign is to be attached or erected.

Dimensions and description of sign and legend.

Position of the sign in relation to nearby buildings or structures.

Name of person, firm, corporation or association erecting the sign.

Other information as the Construction Official shall require to show full compliance with this chapter and all other laws and ordinances of the Borough. This paragraph shall not apply to ground signs permitted under paragraph h. herein.

Issuance of Permit. It shall be the duty of the Construction Official to examine the application and other data and the premises upon which it is proposed to erect the sign, and if it shall appear that the proposed structure is in compliance with all the requirements of this chapter and all other laws and ordinances of the Borough, he shall then issue the erection permit. If the work authorized under an erection permit has not been completed within two (2) months after date of issuance, the permit shall become null and void.

Notice to Remove Signs.

If the Construction Official shall find that any sign regulated herein is unsafe, insecure or in need of repairs, he shall give written notice to the permittee. If the permittee fails to remove, alter or repair it within thirty (30) days after notice, the sign may be removed, altered or repaired in order to comply, by the Construction Official, at the expense of the permittee or owner of the property upon which it is located.

Any sign now or hereafter existing which no longer advertises a bona fide business conducted or a product sold, shall be taken down and removed by the permittee, owner, agent or person having the beneficial use of the building or structure upon which the sign may be found within ten (10) days after written notification from the Construction Official. Upon failure to comply with a notice within the time specified in the order, the Construction Official is hereby authorized to cause removal of the sign, and any expense incident thereto shall be paid by the permittee or owner of the building or structure to which the sign is attached.

Nonconforming Signs.

Any other signs now in existence, the erection or displaying of which is prohibited hereunder may be continued on the building, structure, lot or land so occupied. However, at no time shall a sign be altered, rebuilt, enlarged, extended or relocated, unless the action changes a nonconforming sign into a conforming sign as provided herein.

The failure to keep a nonconforming sign painted, illuminated or in good repair, for a period of six (6) months shall constitute abandonment and the sign may not be reused and must be removed.

Signs Permitted in Business Districts. It shall be unlawful to erect or maintain any sign in any business or commercial district established and shown and designated on the Zoning Map of the Borough, except:

One wall sign per established business for each street frontage, not exceeding a total of ten (10%) percent of that building face including the window area, but not to exceed three (3) feet in height, advertising only the business carried on or the services and products made or sold on the premises.

No illuminated signs shall be of the flasher or speller type. No interior illuminated window signs shall be of the chasing type.

No wall sign shall project higher than the highest point of the parapet or facade of the building to which it is affixed and shall not project over twelve (12) inches from the face of the building nor beyond the property line bounding the property upon which it is erected.

All signs shall be removed no later than thirty (30) days after a business ceases to operate.

Signs Permitted in Residential Districts. It shall be unlawful to erect or maintain any sign in any residential district established and shown and designated on the Zoning Map of the Borough except:

One (1) sale or rent sign only on the property to be sold or rented which shall be of the ground type as defined in paragraph a. not to exceed eighteen (18) inches by two (2) feet in area, which shall state only that the property is either for sale or rent and may contain only such legends as "inquire within," or "inquire any broker," a telephone number, the name of a broker or the owner, which sign shall be placed at a distance from the curbline not less than eighty (80%) percent of the distance between the property line and the building line.

Name plate signs identifying the occupant of the building, but not designating a profession, trade or business of any kind or character.

§ 26-5.11 Swimming Pools; Permit Required.

[Ord. 6/26/79 § 511; Ord. No. 2011-13; Ord. No. 2017-12 § 5]

No private swimming pool shall be constructed or installed on any lot unless the lot contains a dwelling.

Pools shall occupy no more than eight hundred (800) square feet of water surface area.

No pool shall be constructed at an elevation greater than twelve (12) inches higher than the unaltered existing ground elevation.

No pool shall be closer than ten (10) feet to any structure.

Pool equipment shall be located only in the rear yard and shall be located inside the structure of the garage or at least ten (10) feet to property line and buffered for sound and visual enhancement.

Pool water may not be discharged at the curb or upon the surface of any street or into the storm sewer.

Pool footprint shall not encroach on any existing overhead wires with a minimum of a five (5) foot buffer or more as may be required by utility company.

No construction activity shall begin prior to 8:00 a.m. and no later than 5:00 p.m..

Prior to any construction activities, applicant shall call for utility service markout.

Permitting. A permit is required for all private swimming pools. The application for such permit shall be accompanied by plans and specifications prepared by a duly licensed engineer in the State of New Jersey, together with the required fee. The following is required for the issuance of a permit or variance:

Applicant must submit a grading and drainage plan prepared, signed and sealed by a Professional Engineer, licensed in the State of New Jersey.

Proposed grading must ensure surface runoff will have no impact on adjacent properties.

Lighting and illumination plan must be submitted. All illumination used in connection with any pool shall be directed and shielded so as to avoid annoyance or nuisance to the occupants of adjacent and neighboring properties, and shall be subject to the approval of the Zoning Officer and/or the Allenhurst Planning Board.

Fountains, waterfalls or jet propulsion systems, other than as needed for filtering, are not permitted.

A good quality fence, which is no less than fifty (50%) percent open, shall enclose such pool at least four (4) feet in height. The fence shall be in compliance with the Swimming Pool Code of New Jersey, including being equipped with a gate or gates of the same height as the fence and equipped with a self-locking device.

A full depth soil boring, soil log, soil analysis and groundwater analysis, including establishment of depth to the seasonal high groundwater table shall be provided with any residential swimming pool permit application. A report on the soil and groundwater conditions shall be prepared by a licensed geotechnical engineer and submitted as part of any proposed pool application, including any recommended construction details.

Bottom elevation of pool structure shall not be less than two (2) feet above the seasonal high groundwater elevation, as defined by January 1 through April 1 of each year.

A Request for Authorization must be made to the NJDEP for any construction dewatering. A copy of such request shall be copied to the Borough of Allenhurst and presented with the request for permit.

The following construction activities must be shown on a plot plan:

Stone tracking pad.

Perimeter silt fence.

Hay bale inlet protection.

Zero Silt runoff from residential property.

No off-site discharge of construction dewatering activities.

Curb and sidewalk restoration.

The plans and specifications shall specify the dimensions of the proposed pool, location thereof with respect to building, property lines and curb lines, the material proposed to be used in the construction, plumbing layout and safety provisions.

No pool shall be constructed, installed or maintained nearer to any property line than twenty-five (25) feet and nearer to the ocean high water mark than two hundred fifty (250) feet nor to any street curb closer than one hundred (100) feet.

No private swimming pool shall have any connection whatsoever to the sanitary sewer system of the Borough of Allenhurst, and no water shall be discharged from such swimming pool into the sanitary sewer system.

Any and all pools shall be subject, at all times, to inspection by the Police Department, the Board of Health, Plumbing Subcode Official, Zoning Officer and the Construction Official.

The construction, maintenance and operation of all swimming pools shall be in accordance with the current issue of the Swimming Pool Code of New Jersey promulgated by the New Jersey Department of Health, except where said code differs in any respect from the provision of this subsection. In such event the more restrictive provisions shall control.

Construction Materials. All material used in the construction of private swimming pools shall be water-proofed and easily cleaned. The bottom and sides of the pool shall be either white or a light color. Sand or earth bottoms shall not be used.

No pool shall be constructed in a front yard or in a front yard setback, except that for lots fronting on the ocean rather than on a street, a pool may be constructed in a front yard as long as it is not constructed in the front yard setback and it complies with all other provisions of the Borough of Allenhurst Ordinances.

[Ord. No. 2017-12 § 5]

§ 26-5.12 Special Requirements for Public Utility Uses.

[Ord. 6/26/79 § 512]

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.

The proposed installation in a specific location must be reasonably necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is to be located.

The design 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.

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 Uniform Construction Code.

Sufficient landscaping, including shrubs, trees and lawn shall be provided and be periodically maintained.

Adequate off-street parking shall be provided.

All of the area, yard, building coverage and height requirements of the respective zone must be met.

§ 26-5.13 Accessory Structures.

[Ord. No. 2004-06 § 2; Ord. No. 2005-06 § 518]

No accessory structure shall be permitted in a front yard. No accessory structure other than the following shall exceed five (5) feet in height or forty (40) square feet in area. Accessory structures, except for the following, shall be at least twenty-five (25) feet from the rear and side property lines.

Private garages, which shall be constructed in accordance with the requirements of subsection 26-4.4g.

Recreational equipment, including swingsets, playhouses, trampolines, etc., provided it is not constructed on a permanent foundation, except that swingsets may have footings.

§ 26-5.14 Soil and Groundwater Mounding Analysis Required.

[Added 3-8-2022 by Ord. No. 2022-05]

In all districts in the Borough, no permit for the erection, construction, modification or rehabilitation of any building foundation, basement, cellar, pool or structure, which seeks to alter the depth of or create a new basement, foundation or other ground penetrating construction, shall be issued unless a full depth soil boring, soil log, soil analysis and groundwater mounding analysis, including establishment of the depth to the seasonal high groundwater table is provided with any permit application. A report on the soil and groundwater conditions shall be prepared by a licensed geotechnical engineer and submitted as part of any proposed application, including any recommended construction details.

The bottom elevation of any building foundation, basement, cellar or structure shall not be less than two (2') feet above the seasonal high groundwater elevation, as defined by January 1 through April 1 of each year.

§ 26-6 DEVELOPMENT APPLICATION REVIEW PROCEDURES.

§ 26-6.1 Jurisdiction of Responsibility During Development Application Review.

[Ord. No. 6/26/79 § 601; Ord. No. 11/10/86]

For responsibilities of the Planning Board, see Section 25-3.

§ 26-6.2 Application of Requirements.

[Ord. 6/26/79 § 602]

Subdivision Approval. All subdivisions as defined under Section 26-2 are subject to the review procedures outlined below.

Site Plan Approval. Except as hereinafter provided, no construction permit shall be issued for any structure until a site plan has been reviewed and approved by the appropriate board, except that 1. a building permit for a single family dwelling unit and its accessory building on a lot shall not require site plan approval; and 2. any addition or alteration to an existing conforming residential or nonresidential structure which does not account for more than twenty-five (25%) percent additional building coverage shall not require site plan approval if, in the opinion of the Construction Official, such addition or alteration will not result in nonconformance with Borough ordinances and will not create nuisance problems to adjacent land uses.

§ 26-6.3 Submission of Sketch Plat for all Subdivisions.

[Ord. 6/26/79 § 603]

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 applicants may obtain the advice of the Planning Board in the formative stages of design and for the purpose of assuring maximum coordination with the Master Plan. Applicants for subdivision approval may, as an option, combine sketch plat and preliminary approval. Applicants electing to pursue the optional sketch plat preliminary approval do so at the risk of having to revise both the sketch plat and preliminary plats.

Procedure for Submitting Sketch Plat.

Submit to the Administrative Officer, at least three (3) weeks prior to the regular meeting of the Board, eight (8) copies of the sketch plat of the proposed subdivision for the purposes of classification, preliminary discussion and appropriate action; three (3) copies of the application; and a fee of twenty-five ($25.00) dollars to cover costs. 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.

At least two (2) weeks prior to the next regular meeting of the Planning Board, the Secretary of the Planning Board shall forward two (2) copies of the sketch plat, deed or easement (if required for County purposes) and one (1) copy of the application to the County Planning Board for their review, one (1) copy of the sketch plat to the Borough Engineer; one (1) 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 (1) copy of the application forwarded to the Planning Board.

Action by the Borough.

The Board shall take action on sketch plat applications within forty-five (45) days after the submission of a complete application or within such further time as may be consented to by the applicant.

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 Section 26-2 of this chapter and that the details and specifications indicated in subsection 26-6.3 have been met.

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, unfavorable topography, or any other feature harmful to the health, safety and welfare of future residents or property owners of the proposed subdivision or the Borough at large.

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 or 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), may be submitted that will not create, impose or aggravate or lead to any such adverse effect.

The Subdivision Committee, if appointed, shall review the sketch plat for classification purposes and discuss the proposed plan as it relates to the Master Plan, Development Chapter 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 forty-five (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 forty-five (45) day time period and may thereafter submit an appropriately revised application to the Administrative Officer as in the first instance.

If the sketch plat is considered for classification as a minor subdivision, the Board shall act on the proposed plat within forty-five (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 (1) 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 (3) 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 thirty (30) days after their receipt of the plat. If a reply is not received from the County Planning Board within thirty (30) days, the sketch plat shall be deemed to have been approved by them.

A plat map drawn in compliance with the Map Filing Act, (N.J.S.A. 46:1-1 et seq.) or deed description shall be filed by the subdivider with the County Recording Officer within one hundred ninety (190) days from the date of approval by the Board of the minor subdivision sketch plat. Unless filed within one hundred ninety (190) days, the approval shall expire and will require Board approval as in the first instance. The zoning requirements and general terms and conditions, whether conditional or otherwise, upon which minor subdivision approval was granted shall not be changed for a period of two (2) years after the date of minor subdivision approval by the Board, provided that the approved minor subdivision shall have been duly recorded as provided in this subsection.

The sketch plat shall be classified within forty-five (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 26-6.5 and 26-6.8.

§ 26-6.4 Details of Sketch Plat.

[Ord. #6/26/79, § 604]

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:

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

All existing structures and wooded areas within the portion to be subdivided;

The tax map sheet, block and lot numbers;

All proposed lot lines and existing lot lines proposed to be eliminated;

Building setback lines as specified in this chapter;

The approximate location and approximate width of all existing and proposed utility easements in the area to be subdivided;

Zoning district boundaries affecting the tract;

North arrow;

Scale of plat and date of latest revisions;

Area of the entire tract and the area being subdivided to the nearest square foot;

11.

The number of new lots created;

12.

Name and address of owner, subdivider and person preparing plat; and

13.

A key map showing the entire subdivision and its relationship to the surrounding areas at a scale of one (1) inch equals not more than two thousand (2,000') feet.

Special Details and Specifications Required of Proposed Minor Subdivision Prior to Classification. No plat shall be classified by 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 more than fifty (50) feet to the inch on one (1) of four (4) standard sizes, namely eight and one-half by thirteen (8 1/2" x 13") inches, fifteen by twenty-one (15" x 21") inches, twenty-four by thirty-six (24" x 36") inches or thirty by forty-two (30" x 42") inches, to enable the entire tract to be shown on one (1) sheet and shall show or include the following information:

Contours as shown on the U.S.G.S. topographic sheets.

Marshes, ponds and land subject to flooding in the subdivision and within one hundred (100) feet thereof.

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.

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.

§ 26-6.5 Submission of Preliminary Plat for Major Subdivision and Site Plan Approval.

[Ord. 6/26/79 § 605]

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.

Procedure for Submission Preliminary Plat.

A preliminary plat shall be submitted to the Administrative Officer at least three (3) weeks prior to the regular meeting of the Planning Board. It shall be submitted in at least eight (8) copies and shall be accompanied by three (3) copies of the application forms for preliminary approval, three (3) copies of any protective covenants or deed restrictions applying to the land being subdivided and the application fee.

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.

All hearings held on applications for preliminary subdivision approval (and in certain uses, 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 twenty (20) days prior to the hearing date. Notice of the hearing shall be given by the applicant at least ten (10) days prior to the date of the hearing.

Action by the Borough. Upon the submission of a complete application for a site plan for ten (10) acres of land and/or less subdivision containing ten (10) lots or less, the Planning Board shall grant or deny preliminary approval within forty-five (45) days of the date of each 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 (10) acres and/or subdivision containing more than ten (10) lots, or whenever an application includes a request for relief pursuant to Section 25-3 of this chapter, the Board shall grant or deny preliminary approval within ninety-five (95) days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the Planning Board shall be deemed to have granted preliminary approval of the site plan.

Upon the submission of a complete application for a site plan and/or subdivision pursuant to Section 25-3 of this chapter the Zoning Board of Adjustment shall grant or deny preliminary approval within one hundred twenty (120) days of the date of such submission or within such further time as may be consented to by the developer.

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 (1) or more provisions of this chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

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.

Effect of Preliminary Approval. Preliminary approval shall confer upon the applicant the following rights for a three (3) year period from the date of the preliminary approval:

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

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

That the applicant may apply for and the Board may grant extensions on such preliminary approval for additional periods of at least one (1) year, but not to exceed a total extension of two (2) years, provided that if the design standards have been revised by ordinance, such revised standards may govern.

§ 26-6.6 Preliminary Plat Details.

[Ord. 6/26/79 § 606]

The preliminary plat shall be clearly and legibly drawn or reproduced at scale of not less than one (1) inch equals one hundred (100) feet. Preliminary plats shall be drawn by a professional engineer or licensed land surveyor.

Subdivision Plat Details.

A key map showing the entire subdivision and its relation to the surrounding areas at a scale of one (1) inch equals not less than two thousand (2,000) feet.

Title block;

Name of subdivision, municipality and County;

Name and address of subdivider;

Names and addresses of the owner or owners of record and the names and addresses of all property owners within two hundred (200) feet of the extreme limits of the subdivision as shown on the most recent tax list prepared by the tax assessor;

Name, address, signature and license number of the professional person who prepared the drawing;

Area of tract to be subdivided to nearest square foot; and

Total number of proposed lots;

Scale and north arrow;

Date of original preparation and of each subsequent revision thereof;

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;

Subdivision boundary line (heavy solid line);

The location of existing and proposed property lines, streets, buildings (with an indication as to whether existing buildings will be retained or removed), water course, railroads, bridges, culverts, drain pipes, and any natural features such as wetlands to the proper scales, both within the tract and within one hundred (100) feet of its boundary;

Street rights-of-way within the subdivision and within one hundred (100) feet of its boundaries;

Name of each street;

Location and width;

Centerline elevation at intersections and other critical points;

Typical cross-section and centerline 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 curb lines shall be clearly indicated.

Other recorded rights-of-way and easements on the subdivision;

Identification and description;

Location and width;

Restrictions of use, if any;

Lot layout:

Lot lines and dimensions of each lot to the nearest one-tenth (1/10) foot;

Building setback lines (dashed) and their dimensions from the street line;

Existing zoning and boundaries thereof;

Identification of lots or parcel to be reserved or dedicated to public use, if any;

11.

All utilities serving the subdivision including water, gas and sanitary and storm sewers;

12.

The preliminary plat shall show all areas designated 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 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.

Site Plan Details.

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 acres 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 all remaining lands in the applicant's ownership.

Each site plan submitted to the Borough for approval shall have the following information shown thereon or be annexed thereto:

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).

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 all 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 and within one hundred (100) feet of 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 the buildings where pedestrian traffic can be expected and driveways which shall adhere to applicable requirements of this chapter.

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 caliper of plant material for all planted or landscaped areas.

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.

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.

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.

§ 26-6.7 Submission of Final Plat for Major Subdivision and Site Plan Approval.

[Ord. 6/26/79 § 607]

A final plat is required of all major subdivision and development proposals requiring site plan review.

Procedure for Submission of Final Plat.

A final plat shall be submitted to the Administrative Officer within three (3) 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 (3) weeks prior to the regular Planning Board meeting.

When applying to the Board for final approval, the applicant shall carry out the following steps:

Incorporate all changes or modifications required by the Board in the approval of the preliminary plat.

Pay the required fees pursuant to Section 26-8.

Submit to the Administrative Officer copies of the final plat and three (3) copies of the application for final approval. (For subdivision, include the original tracings).

Submit three (3) copies of Deeds of Dedication for all properties, including street rights-of-way which are offered to the Borough for dedication.

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 (1) or both of the following:

Installed all improvements in accordance with the requirements of these regulations; or

Posted a performance guarantee in a form and amount acceptable to the Board of Commissioners, according to the provisions of Section 26-8.

Action by the Borough.

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 forty-five (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.

Failure of the Board to act within forty-five (45) days or a mutually agreed-upon extension shall constitute approval, and the Secretary of the Board shall issue a certificate or letter to that effect.

The final subdivision plat shall be filed by the applicant with the County Recording Officer within ninety-five (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 ninety-five (95) days, the approval of the major subdivision shall expire, and any further proceedings shall require the filing of a new plat. The Board of Commissioners, for good cause shown, may extend the time for filing for an additional time period not to exceed ninety-five (95) days. If approval has expired, a final plat may be resubmitted to the Planning Board if it is done so within three (3) years of the date of preliminary plat approval. The applicant must submit a sketch plat as in the first instance if three (3) years have elapsed since the date of preliminary plat approval.

Effect of Final Approval. Final approval shall confer upon the applicant the following rights for a two (2) year period from the date of final approval.

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.

If the developer has followed the standard prescribed for final approval, the Board may extend the period of protection for extensions of one (1) year each, not exceeding three (3) such extensions.

§ 26-6.8 Final Plat Details.

[Ord. 6/26/79 § 608]

Subdivision Plat Details. The final plat shall be prepared at a scale of not less than one (1) inch equals fifty (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:

Date of submission, name and location of the subdivision, and the name of the owner;

Graphic scale and reference meridian; at least one (1) 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 a one (1) mile distance from the proposed subdivision;

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;

Designation of the purpose of any easement of land set aside for public use, and a notation of proposed use of any nonresidential sites;

Zoning boundaries and the zoning designation of all adjacent lands;

Block and lot numbers in conformity with existing tax map procedures;

Minimum building setback lines as specified in this chapter;

Location and description of monuments set and monuments to be set;

The final plat shall be accompanied by the following documents;

Certification from the tax collector that all taxes are paid to date. In lieu of such certification, the Planning Board may conditionally approve the final subdivision imposing such conditions to assure the payment of taxes.

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.

Cross-section and profile drawings of streets as approved by the Borough Engineer; and

Plans and profiles of storm and sanitary sewers and water mains as approved by the Borough Engineer.

Site Plan Details.

All details stipulated in subsection 26-6.6, paragraph b. above shall be included.

All additional details required at the time of preliminary approval shall be submitted.

Detailed architectural and engineering data including:

An architect's rendering of each building or a typical building and sign showing front, side, and rear elevations.

Cross-sections of streets, aisles, lanes and driveways, which shall adhere to applicable requirements of this chapter.

§ 26-7 IMPROVEMENTS AND DESIGN STANDARDS.

[Ord. 6/26/79 § 700]

The developer shall comply with the following requirements and principles 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 Section 26-8 of this chapter for the ultimate installation or protection of the items required by this chapter.

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.

§ 26-7.1 Streets and Highways.

[Ord. 6/26/79 § 701]

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.

The arrangement of streets shall be such as to provide for the appropriate continuous extension of existing, mapped or potential streets.

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 Board of Commissioners after recommendation by the Board.

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 (1) or both sides of the road. If the development is along one (1) side only, one-half (1/2) of the required extra width shall be dedicated.

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 paving concerns roads under their jurisdiction and where such standards exist.

Street intersections shall be as nearly at right angles as is possible and in no case shall be less than sixty (60) degrees. No more than two (2) streets shall meet or intersect at any one (1) point and the centerlines of both intersecting streets shall pass through a common point, two (2) intersections shall be spaced at a minimum of three hundred (300) feet. The block corners at the intersections shall be rounded at the curbline with the street having the highest radius requirements as outlined below, determining the minimum standards for all curblines; arterials - ten (10) feet; collectors - ten (10) feet; local streets - none required where streets are fifty (50) feet wide.

Street Specifications. Subdivisions fronting on an existing street shall provide for the improvement of the near side of that street in conformity with the following standards. Existing streets under the control of State or County agencies shall be improved to conform to the requirements to that agency or the following whichever is more stringent.

DESIGN STANDARDS FOR STREETS
Type of Street	Business or Collector	Residential
Right of Way Width	60 or more maximum permitted by statute	60
Width Between Curbs	40	40
Minimum Grade	0.5%	0.5%
Maximum Grade	6.0%	10.0%
Surface, Type FABC	2" thick	1" thick
Base, Bituminous Stabilized Base	5"	4"
Sub-base, Type 5, Class A	5"	4"
Crown, Traffic Lanes	2 1/4 to 2 3/4%	2 1/4 to 2 3/4%
Crown, Parking Lanes	2 1/2 to 3%	3%

Note 1 — Manufacture and placement of pavement shall conform to the current specifications of New Jersey Department of Transportation.

Note 2 — Bituminous Stabilized Base Course may be substituted for sub-base at the rate of one (1) inch of bituminous stabilized base course for two and one-half (2 1/2) inches of sub-base material.

The work shall be inspected through the course of construction by the Borough Engineer or his duly authorized representative, who shall be notified forty-eight (48) hours before any work is started or continued.

§ 26-7.2 Street Names and Traffic Control Signs.

[Ord. 6/26/79 § 702]

Street signs shall be reflectorized aluminum with the street name in white letters four (4) inches high on a black background. The length of post need not be specified but the mounting height of the sign should be specified as twelve (12) feet. How the post is set is not necessarily a part of this chapter. The street signs shall be metal and conform with existing signs as approved by the Borough Engineer.

At street intersections.

When two (2) roads intersecting at right angles are connected by a curve;

At the peak of the curve connecting two (2) parallel streets when the length of the streets exceeds the length of a loop.

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 names and traffic control signs shall be installed free of visual obstruction.

§ 26-7.3 Curbs, Gutters and Catch Basins.

[Ord. 6/26/79 § 703]

Curbs, gutters and catch basins shall be adequate to handle the maximum water runoff from tributary lands.

The following type of curb shall be constructed. Concrete walls shall be eight (8) inches wide at their base and not less than six (6) inches wide at their top. Their height shall be less than eighteen (18) inches, constructed to show a vertical face above the roadway pavement of six (6) inches. They shall be constructed by use of metal forms true to line and grade. Open joints shall be provided at intervals of ten (10) feet and one-half (1/2) inch bituminous expansion joints every twenty (20) feet. Block corners and curves shall be constructed on a true radius; straight forms will not be permitted.

Concrete gutters not constructed integral with the curb shall be constructed against the existing concrete wall type curb and shall have a width of not less than eighteen (18) inches and a depth of not less than eight (8) inches.

Combination concrete curbs and gutters shall be constructed on a base of sand, cinders or broken stone six (6) inches in depth and extending twelve (12) inches beyond the rear face of the curb and twelve (12) inches beyond the face of the curb. The dimensions shall be a total width of thirty (30) inches for curbs and gutters. The dimensions of the particular parts shall be as follows: The top of the curb shall be six (6) inches in width, rear face of the curb shall be twelve (12) inches, at the gutter elevation, the width of the curb shall be seven (7) inches, the curb face at the gutter shall be six (6) inches in depth, and the gutter at street face shall be six (6) inches in depth. All exposed edges shall be rounded with a radius of three-quarters to one (3/4 to 1) inch. Transverse joints shall be one-half (1/2) inch wide and shall be installed every twenty (20) feet. Joints are to be filled with cellular compression material as specified and shall be recessed one-quarter (1/4) inch from face and top of curb. Joints in the gutters shall be filled with premolded bituminous joint filler one-half (1/2) inch thick, recessed one-half (1/2) inch from top of gutter and sealed as specified.

Concrete shall be Portland Cement concrete having a twenty-eight (28) day strength of not less than three thousand (3,000) pounds.

The curb shall be laid in a workmanlike manner as directed and approved by the Borough Engineer.

The curb at all delivery openings shall be depressed at the front of the curb to a point one (1) inch above the finished pavement.

The rear top corner of this curb shall have a radius of one-fourth (1/4) inch and the front top corner shall have a radius of one and one-half (1 1/2) inches.

Curb openings shall be in such width as shall be determined by the Borough Engineer.

§ 26-7.4 Sidewalks.

[Ord. 6/26/79 § 704; amended 5-24-2022 by Ord. No. 2022-10]

Public sidewalks shall be four (4) feet wide and located within the street right-of-way.

The street right-of-way outside the curbline shall be graded to produce a slope of one-quarter (1/4) inch per foot, sloping towards the curb. This slope shall apply to both the sidewalk and grassed areas.

The Planning Board shall have jurisdiction over "internal sidewalks" as respects any application for development of any property in the Borough.

"Internal sidewalks" shall be defined as any sidewalk or walkway, regardless of material used to construct the same, on a privately owned property and as distinguished from Public Sidewalks which are located in a street right-of-way.

The main walkway leading to the home shall be no less than four (4) feet wide and any ancillary walkways shall be sized in a manner appropriate to the massing of the building. They shall be of appropriate materials in keeping with historical aesthetics and shall be in proportion with the massing of the home/structure.

§ 26-7.5 Monuments.

[Ord. 6/26/79 § 705]

Monuments shall be installed in compliance with the requirements of N.J.S.A. 46:23-9.11(9).

§ 26-7.6 Drainage System.

[Ord. 6/26/79 § 706]

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 runoff and natural drainage water which originates not only within the property boundaries, but also that water which flows onto the property boundaries from areas outside the project.

Drainage structures which are located on State or County highway 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.

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.

No storm water runoff or natural drainage water shall be so diverted as to overload existing drainage systems or create flooding or the need for additional drainage structures on other private properties or public lands without proper and approved provisions being made for taking care of these conditions.

All drains and culverts shall consist of concrete pipe manufactured in accordance with ASTM designation C76, Class IV with "O" ring joints or such other materials approved by the Borough Engineer.

§ 26-7.7 Sight Triangle.

[Added 5-24-2022 by Ord. No. 2022-10]

On all corner lots in all zones in the Borough, there shall be an unobstructed sight triangle formed by measuring thirty (30) feet along each curb line from the point of intersecting curb lines at such corner and connecting such points to form a triangular area.

No fences, nor any structure or plantings of any type that might impair the vision of motor vehicle traffic, may be erected within the sight triangle. A sight triangle shall contain no structures, retaining walls, signs, plantings or any other vision obstructing objects which are greater than thirty-six (36) inches in height as measured from the pavement immediately adjacent to the curb at the point of intersecting street lines. Trees shall be permitted whose branches are trimmed away to a height of at least eight (8) feet above the curb level as measured from the point of intersecting street lines. Property owners shall be responsible for maintaining all vegetation in conformance with the aforesaid thirty-six (36) inch height restriction and eight (8) foot tree branch clearance.

Nothing herein shall permit the parking or storage of any vehicle on a corner lot property, which obstructs, impairs or obscures vision of motor vehicle traffic at an intersection, as determined by the Chief of Police.

§ 26-8 FEES, PERFORMANCE GUARANTEE, MAINTENANCE GUARANTEE, INSPECTION.

§ 26-8.1 Fees.

[Ord. 6/26/79 § 801; Ord. 3/8/88 § 1; Ord. No. 91-14 § I; Ord. No. 2006-12 § I; Ord. No. 2007-07 § 801; Ord. No. 2015-14; amended 12-10-2019 by Ord. No. 2019-11; 4-13-2021 by Ord. No. 2021-07; 1-25-2022 by Ord. No. 2022-02; 4-14-2023 by Ord. No. 2023-05; 9-19-2023 by Ord. No. 2023-17]

Every application for site plan review, subdivision reviews, requests for variance relief, application for a certificate of appropriateness, drainage plan review, zoning review and/or pool installation shall be accompanied by the appropriate fee in accordance with the schedule set forth in § 26-8.1c herein. The application fees charged are to cover the costs associated with the administrative and clerical processing of the application and are not refundable.

Professional review costs for attorneys, planners, engineers or other professionals or experts retained by or on behalf of the Borough for the purpose of review, analysis, inspection or preparation of documents or reports relating to development applications shall be charged to and shall be paid for by the applicant, inclusive of such fees as are incurred by the Borough to conduct inspections to determine that the project has been performed as per the approved plans. The Borough shall make all payments to the professionals for services rendered to the Borough for the review of applications, review and preparation of documents and inspection of property.

An applicant shall be responsible to reimburse the Borough for all expenses of professional personnel incurred and paid by it necessary to process an application for development before a municipal agency, and to assure its completion in accordance with the approved plans, such as, but not limited to:

Charges for reviews by professional personnel of applications, plans and accompanying documents.

Issuance of reports by professional personnel to the municipal agency setting forth recommendations resulting from the review of any documents submitted by the applicant.

Charges for any telephone conference or meeting requested or initiated by the applicant, its attorney of any of its experts or representatives.

Review of additional documents submitted by the applicant and issuance of reports relating thereto.

Review or preparation of easements, developer's agreements, deeds or the like.

Preparation for and attendance at all meetings.

(g)

The cost of expert advice or testimony obtained by the municipal agency for the purpose of corroborating testimony of applicant's experts.

(h)

All professional inspection fees incurred by the Borough to assure that any and all projects undertaken pursuant to a site plan review, subdivision reviews, requests for variance relief, application for a certificate of appropriateness, drainage plan review, zoning review and/or pool installation, including engineer's review, surveyor's review, elevation compliance check, Code compliance officers as well as any and all fees and costs incurred by the Borough to assure that the subject project has been constructed according to the approved application.

The applicant shall, at the time of filing of an application, deposit with the Borough in the form of a certified or bank check, the amount prescribed herein. The deposit shall be placed into an escrow account pursuant to N.J.S.A. 40:55D-53.1, and fees shall be collected in accordance with the schedule set forth in § 26-8.1c herein.

Those funds shall be placed in a separate account by the Borough Clerk and an accounting shall be kept of each applicant's deposit. All professional charges shall be paid from the account and charged to the applicant. Any monies not expended for professional services shall be returned to the applicant upon final approval, denial or withdrawal of the application. If, at any time during the procedure, 75% of the monies posted are expended, the applicant shall be required to post such additional sums as may be required by the Borough Secretary to cover professional costs. All payments charged to the deposit shall be pursuant to vouchers from the professionals stating the hours spent, the hourly rate and the expenses incurred. The Borough shall render a written final accounting to the developer on the uses to which the deposit was put. Thereafter, the Borough shall, upon written request, provide copies of the vouchers to the developer. The applicant shall not be entitled to proceed with the application or any development until such time as the necessary monies have been posted to guarantee payment of professional service fees.

Application and Escrow Fee Schedule.

Be advised that whenever an application for development shall include more than one request or action, the total accumulated fees of each separate action shall be charged.

	Type of Application	Application Fee	Escrow Amount
Subdivisions
1.	Sketch Plat	$150.00	$500.00
2.	Preliminary Plat	$300.00 + $100.00 per lot	$3,000.00 + $100.00 per lot
3.	Final Plat	$100.00	$1,500.00 + $100.00 per lot
Site Plans
1.	Preliminary	$500.00	$3,500.00
2.	Minor Site Plan	$1,500.00	$2,500.00
3.	Final	$1,500.00	$1,500.00
4.	Amended Site Plan	$1,500.00	$1,500.00
5.	Site Plan Inspection	$0.00	$6,000.00
Variance Relief
1.	Special Question or Interpretation	$1,500.00	$1,500.00
2.	Hardship	$500.00	$1,500.00
3.	Use	$500.00	$1,500.00
4.	Signs Only	$150.00	$300.00
5.	Appeal	$1,500.00	$1,500.00
6.	Appeal to the Governing Body	$1,000.00	$1,000.00
Certificate of Appropriateness
1.	Application	$500.00	$1,500.00
2.	Application for new construction	$1,000.00	$4,000.00
3.	COA Compliance Inspections Minor	$0.00	$3,000.00
4.	COA Compliance Inspections Major	$0.00	$6,000.00
Additional Fees
1.	Certified List of Property Owners	$35.00	$0.00
2.	Conceptual Review	$500.00	$1,000.00
3.	Demolition Permit	$500.00	$1,500.00
4.	Road Opening Permit	$300.00	$0.00
5.	Construction permit in bed of mapped street or drainage right-of-way or lacking street frontage	$300.00	$500.00
6.	Special meeting Costs	$3,500.00	$1,000.00
7.	Official Map Appeals	$200.00	$500.00
8.	Determination of percentage of impervious surface	$155.00	No Escrow
9.	Zoning Determination	$450.00	No Escrow
10.	Zoning Determination for Fence ONLY	$155.00	No Escrow
11.	Zoning Determination for Driveways/Patios/PCD ONLY	$155.00	No Escrow
12.	Zoning Determination for Generators/AC Condensers ONLY	$155.00	No Escrow
13.	Zoning Determination, resubmission due to incompleteness	$155.00	No Escrow
14.	Zoning Inspection	$275.00	No Escrow
15.	Zoning re-inspection due to incompleteness	$110.00	No Escrow
16.	Pool Permit Application per § 26-5.11	$310.00	$1,500.00
17.	Drainage System Application	$310.00	$1,500.00
18.	Patio Inspections	$155.00	$1,500.00
19.	Extension of Certificate of Appropriateness	$1,500.00	$1,000.00
20.	Amended Application	$1,500.00	$1,000.00

Definitions relative to Application and Escrow Fee Schedule:

"COA Compliance Inspection Minor" is defined as inspection of any Porch, Deck, Pool or Garage project.

"COA Compliance Inspection Major" is defined as inspection of any other Renovation not encompassed in the aforesaid Compliance Inspection Minor.

No professional reviews will be undertaken until the escrow has been established. If, in the judgement of the Planning Board, additional funds are required after 75% of the original escrow has been exhausted, these additional funds shall be paid within 5 days of notification

§ 26-8.2 Performance and Maintenance Guarantee for Major Subdivision.

[Ord. 6/26/79 § 802]

Performance Guarantee Estimate. No final subdivision plat shall be approved by the Board until the satisfactory completion and performance of all such required improvements (Section 26-7) have been certified to the Board by the Borough Engineer unless the subdivision owner shall have filed with the Borough a performance guarantee sufficient in the amount to cover the cost of all such improvements in uncompleted portions thereof as estimated by the Borough Engineer and assuring the installation of such uncompleted improvements on or before an agreed date provided that the agreed date shall in no case exceed three (3) years from the initial filing of the performance guarantee with the Borough.

A performance guarantee estimate shall be prepared by the Borough Engineer setting forth all requirements for improvements as fixed by the Board, and their estimated cost. The Board of Commissioners shall pass a resolution either approving or adjusting this performance guarantee estimate and resolution to the subdivider for use in obtaining and posting a performance guarantee.

The approved performance guarantee estimate shall fix the requirements of maintenance of the utilities and improvements to be installed and completed by the subdivider. A surety company or cash bond meeting the requirements herein above 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.

Approval by the Borough Attorney.

The subdivider shall present two (2) copies of the performance guarantee in an amount equal to the amount of the approved performance guarantee estimate for approval as to form and execution by the Borough Attorney.

The Borough Attorney shall notify the Secretary of the Board prior to the Board meeting that the performance guarantee is properly executed and can be added to the agenda.

Bonding and Cash Requirements.

The performance guarantee shall be the approved performance guarantee estimate, and as surety a performance bond in which the subdivider shall be principal, the bond to be provided by an acceptable surety company licensed to do business in the State of New Jersey, 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 the Borough to be retained as security for completion of all requirements and to be returned to the subdivider on 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 subdivider, to be used by the Borough to pay the cost and expense of obtaining completion of all requirements. Every bond, whether cash or surety, shall contain a clause to the effect that a determination by the Borough Engineer that the principal has defaulted in the performance of the obligation shall be binding and conclusive upon the surety and the principal.

Ten (10%) percent of the amount of the approved performance guarantee estimate shall be deposited by the subdivider in cash with the Borough. The remaining ninety (90%) percent may be in cash or surety bond. In the event of default, the ten (10%) percent fund herein mentioned shall be first applied to the completion of the requirements and the cash or the 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.

Inspection and Tests.

All improvements and utility installations shall be inspected during the time of their installations under the supervision of the Borough Engineer to insure satisfactory completion. The cost of the inspection shall be the responsibility of the subdivider and he shall deposit with the Borough Treasurer for placement in a special trust account, a sum equal to five (5%) percent of the amount of the performance guarantee estimate of the cost of public improvements to be built in the subdivision to be applied to payment of inspection costs. If inspection costs exceed such fund, the subdivider shall deposit with the Borough Treasurer additional sum upon notice from the Borough Engineer. The inspection fee shall in no case be less than one hundred ($100.00) dollars. The Borough Treasurer shall return any balance of the inspection deposit to the subdivider upon expiration of the maintenance bond together with the paid invoices for all expenses charged.

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 (2) 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.

The Borough Engineer's office shall be notified after each of the following phases of the work has been completed so that he or a qualified representative may inspect the work. The subdivider or his agent shall notify the Borough Engineer at least two (2) days in advance of the time he anticipates the work will be ready for inspection.

Road subgrade;

ARCHITECTURAL ELEMENT, MAJOR

Curb and gutter forms;

Curbs and gutters;

Road paving;

Sidewalk forms;

Sidewalks;

Drainage pipes and other drainage structures before back filling;

(h)

Street name signs;

(i)

Sanitary sewers;

(j)

Monuments.

A final inspection of all improvements and utilities will be started within ten (10) days of notification by the subdivider to determine whether the work is satisfactory and in agreement with the approved final plat drawing 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.

Inspection by the Borough of the installation of improvements and utilities by the subdivider shall not operate to subject the Borough to liability for claims, suits or liability of any kind that may at any time arise because of defects or negligence, during construction or at any time thereafter; it being recognized that the responsibility to maintain safe conditions at all times during construction and to provide proper utilities and improvements is upon the subdivider and his contractors, if any.

After completing the construction of the public improvements covered by the performance guarantee, the subdivider 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 Board of Commissioners on the condition of the work and recommend that the performance guarantee be released, extended or declared in default.

Release. The Board of Commissioners shall, by resolution, release or declare in default each performance guarantee. Such performance guarantee shall remain in effect until released by the Board of Commissioners. The amount of performance guarantee may be reduced by the Board of Commissioners 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 obligor and surety shall be liable thereon to the Borough for the reasonable cost over and above the ten (10%) percent cash deposit on the improvements not installed and, upon receipt of the proceeds thereof, the Borough shall install such improvements. The Borough shall also have all other remedies as may be lawfully available.

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 Board of Commissioners unless and until all of the following conditions have been met.

The Borough Engineer shall have certified in writing that the improvements are completed and that they comply with the requirements of this chapter.

The final plat shall have been approved by the Planning Board.

The subdivider shall have filed with the Board of Commissioners a maintenance guarantee in an amount equal to not more than fifteen (15%) percent of the cost improvements or the cost of the original installation of the improvements and shall run for a period of two (2) years. The guarantee shall be applied against defects arising from materials or workmanship. 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 Board of Commissioners only if the Borough Engineer has certified that the improvements have been in satisfactory continuous use for not less than two (2) years from the date the Borough Engineer certified completion of such improvements in accordance with the provisions of Section 26-7 of this chapter.

§ 26-9 VIOLATIONS AND PENALTIES.

§ 26-9.1 Penalties for Violation.

[Ord. 6/26/79 § 901; New]

Any person, firm or corporation that shall violate any provision of this chapter shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be liable for the penalty as stated in Chapter I, Section 1-5 of these Revised General Ordinances.

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 be liable to the fine or imprisonment or both specified above.

§ 26-9.2 Action Instituted by Borough.

[Ord. 6/26/79 § 902]

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 act to enjoin or any other appropriate action or proceeding to prevent such erection, construction, reconstruction, alteration, conversion or use.

§ 26-9.3 Selling Land Before Final Subdivision Approval.

[Ord. 6/26/79 § 903]

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 which Borough approval is required by chapter 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.

In addition to the foregoing, the Borough may institute and maintain a civil action:

For injunctive relief.

To set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.

In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of 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 also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two (2) years after the date of the recording of the instrument of transfer, sale or conveyance of the land or within six (6) years, if unrecorded.

§ 26-10 WORK PERIOD LIMITATION.

[Ord. 6/26/79 § 1000; Ord. No. 2010-15; Ord. No. 2011-01]

No building, construction, reconstruction, remodeling, or repairs shall be made, undertaken or continued within the limits of the Borough between June 30 and Labor Day and on the following holidays: Thanksgiving Day and Christmas Day. No power tools such as power sanders, chain saws, power saws, nail guns, etc. shall be allowed during this moratorium.

The following work is allowed during the moratorium:

Regular landscaping tools, such as lawn mowers, leaf blowers, grass trimmers, or hand trimming of trees and hedges. Dead branches may be trimmed and dead trees may be taken out if considered a safety hazard. Certification from a landscaping company must accompany request for removal of dead trees and branches.

Painting is allowed during the moratorium. However, power sanding and outside scaffolding is not permitted. Sanding, by hand only, is permitted.

Power-washing is permitted.

Homeowners may request emergency waivers from the construction moratorium by filling out a request form, notifying the adjoining property owners within two hundred (200) feet and presenting the request to the Allenhurst Board of Commissioners for consideration. Applications for waivers may be obtained in the Borough Clerk's office.

§ 26-11 HISTORIC PRESERVATION REGULATIONS.

§ 26-11.1 Application.

[Ord. No. 2003-05, § 001]

Prior Historic Preservation Ordinances Repealed. This section specifically repeals and replaces Ordinance No. 99-05, the initial Historic Preservation Ordinance of the Borough of Allenhurst and Ordinance No. 2000-04 which amended Ordinance No. 99-05. Any and all applications pending before the Planning Board at the time this section becomes effective seeking a Certificate of Appropriateness shall be governed by the terms of this section. Nothing in this section shall affect any Certificate of Appropriateness granted, or application denied, pursuant to the prior Historic Preservation Regulations.

Application to Development Regulations. The Development Regulations of the Borough of Allenhurst and all amendments and supplements thereto be and the same are hereby amended and supplemented by this section entitled "Historic Preservation Regulations of the Borough of Allenhurst" (hereinafter referred to as "HPO").

§ 26-11.2 Short Title.

[Ord. No. 2003-05, § 002]

This section shall be known and cited as the "Historic Preservation Regulations of the Borough of Allenhurst."

§ 26-11.3 Historic District Established.

[Ord. No. 2003-05, § 003]

There is hereby established within the Borough of Allenhurst a "Historic District." The boundaries of the Allenhurst Historic District (hereinafter referred to as the "District"), are coterminous with the boundaries of the Borough.

§ 26-11.4 Purposes and Intent.

[Ord. No. 2003-05, § 004]

Purposes of the Historic Preservation Ordinance. The "HPO" has the following general purposes:

To provide a means to preserve the visual sense of the past of Allenhurst, as reflected in its architecture.

To maintain an appropriate and harmonious application of architectural styles befitting and complementary to the architecturally significant buildings within the Borough of Allenhurst.

To stabilize and improve property values.

To foster civic beauty and neighborhood pride.

To encourage private investment in existing or new buildings in a manner that preserves, restores, repairs, or is compatible with the original architectural style characteristic within the District.

To encourage preservation of the visual sense of the past in a manner that minimizes hardships on residents of the District.

Intent of the Historic Preservation Ordinance. It is the intent of this section to establish the circumstances, conditions and procedures to obtain a Certificate of Appropriateness, as hereinafter defined, from the Planning Board as it pertains to exterior architectural features, applications for permits from the Construction Official or applications for development of properties in the "District." No building permit, where such is required, shall be issued unless a Certificate of Appropriateness shall have been previously issued by the Planning Board, pursuant to this section, except in the case of an ordinary repair, emergency repair or where no change to a major architectural element is proposed.

§ 26-11.5 Definitions.

[Ord. No. 2003-05, § 005; Ord. No. 2004-13 § I]

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

ACCESSORY BUILDING

shall mean a building, which is customarily associated with and is subordinate and incidental to the principal building, and exceeds a forty (40) foot footprint and/or five (5) feet at its peak.

ADDITION

shall mean any extension or increase in the size, floor area or height of a building.

ADMINISTRATIVE OFFICER

shall mean the person designated by the Board of Commissioners to handle the administration of applications in accordance herewith as well as the coordination of building applications as referenced herein.

ALTERATION, MAJOR

shall mean the addition, change or modification of major architectural elements to a building, which effects the design, shape, pitch or existence of the roof including, but not limited to, main roofs, dormers, roofs of bay or cantilevered windows, pediments, parapets, towers, porches, cupolas, porte cochere and balconies, as well as alterations, including demolition of nonlinear (e.g. oval, Palladian, etc.) window frame outlines. Major alterations would additionally include changes by additions or complete conversion or alteration of the traditional predominant substance, texture or finish of a building (e.g. changing from wood to stucco, stucco to brick), and changes by additions or complete conversion or alteration of columns and railings on any exterior elevation.

ALTERATION, MINOR

shall as distinct from alteration, major, shall mean the replacement or renewal of existing work, requiring a building permit, of a building, with the same or architecturally equivalent materials, equipment or parts, that are made in the ordinary course of maintenance and that do not cause a major alteration of the building, nor result in a request for any other relief from the Planning Board.

APPLICATION

shall mean the formal request by a property owner to the Planning Board for review of an activity, implicating this chapter.

[Amended 5-28-2019 by Ord. No. 2019-06]

ARCHITECTURAL DRAWINGS

shall mean drawings prepared, signed and sealed by a New Jersey licensed architect, or drawings prepared so as to clearly and unambiguously indicate proposed new work and the existing building (in the case of an addition or modification). Drawings shall include a site plan, floor plans and elevations in sufficient scale and detail to convey the intended new work. The elevation drawings shall indicate all features (i.e. dormers, windows, roofs, trim, etc.) and surface finishes proposed for the project. Plans shall indicate the intended use of all rooms, terraces, porches, etc.

is a distinguishing original feature, and shall mean an architectural component/design/style/object, which clearly expresses the time period in which a building was built. For the purpose of administration of this section the following are considered architectural elements, major: (a) roof shape/pitch and existence of roofed items, including main roof, dormer roof, roof of roofed windows, pediments/parapets, tower roof, porte-cochere roof, porch roof, balcony roof; (b) nonlinear (e.g. oval, Palladian, etc.) window frame outlines; (c) predominant surface/finish of the building; (d) columns and railings.

BACK YARD

shall mean and be equivalent to rear yard as defined in the Developmental Ordinance of the Borough.

BOARD

shall mean the Planning Board established pursuant to the provisions of the Municipal Land Use Law

[N.J.S.A. 40:55D-1 et seq.]

BUILDING

shall have the same definitions as set forth in the Developmental Ordinance of the Borough.

CERTIFICATE OF APPROPRIATENESS

shall mean that certificate issued by the Board, that is required prior to undertaking rehabilitation, restoration, renovation, alteration or demolition, undertaken of buildings, accessory buildings or garages in the District.

CORNER LOT

shall have the same definition as set forth in the Developmental Ordinance of the Borough.

COST ESTIMATE

shall mean a written estimate of the costs, prepared by an architect, engineer or contractor licensed in the State of New Jersey, broken down by category of work, for any proposed architectural alteration, or demolition.

[Amended 5-28-2019 by Ord. No. 2019-06]

DEMOLITION

shall mean the partial or total razing, dismantling or destruction of any building or of any improvement within the Borough of Allenhurst.

DISREPAIR

shall mean a condition that permanently and directly threatens the existence and successful preservation, restoration or rehabilitation of an architectural element, major as defined herein.

DWELLING

shall have the same definitions as set forth in the Developmental Regulations of the Borough.

EMERGENCY REPAIR

shall mean an immediate and temporary repair necessary only to allow the continued habitability of a building and/or to protect the health and safety of any occupants and/or the community at large.

GARAGE

shall have the same definitions as set forth in the Development Regulations of the Borough.

IMPROVEMENT

shall mean any building or any part thereof constructed or installed upon real property by human endeavor and intended to be kept at the location of such construction or installation.

NON-ORDINARY REPAIR

shall mean any repair that does not constitute an ordinary repair as that term is defined herein.

ORDINARY REPAIR

shall mean repairing any deterioration, wear or damage to a building, accessory building, garage or part thereof, to return the same as nearly as practicable to its condition prior to such deterioration, wear or damage.

PRINCIPAL BUILDING

shall mean any building, as defined in the Development Regulations of the Borough, which is not an accessory building or garage.

PORCH

shall mean the same definition as set forth in the Developmental Regulations of the Borough.

§ 26-11.6 Authority Granted to Planning Board.

[Ord. No. 2003-05, § 006]

Statutory Authority. The Borough of Allenhurst Planning Board shall exercise, to the same extent and subject to the same restrictions, all of the powers of a commission established pursuant to N.J.S.A. 40:55D-107 et seq., and as may be amended from time to time. At least one (1) Planning Board member shall meet the qualifications of Class A member as defined by N.J.S.A. 40:55D-107(b) and at least one (1) Planning Board member shall meet the qualifications of a Class B member as defined by N.J.S.A. 40:55D-107(b).

Preservation Powers of the Planning Board. The Planning Board shall have the following preservation powers:

To review any and all applications for development and applications for zoning and/or building permits with respect to proposed improvements to, or demolition of, any and all existing or proposed buildings within the District for appropriateness of design, arrangement and materials to be used and whether the proposed improvements will detract from the visual character of the District;

To modify the boundaries of the District;

To encourage alterations, repairs, restoration, reconstruction and rehabilitation of any building to be made in the spirit of the original architectural style and to require that any additions are made in such a manner as not to detract from a building's original appearance;

To utilize and apply the Design Guidelines in the review of permit and development applications to see that the applications substantially comply with the intent of the Design Guidelines.

§ 26-11.7 Guidelines.

[Ord. No. 2003-05, § 007]

The Planning Board shall establish guidelines to be known as Design Guidelines for the District which shall be submitted by the Planning Board to the Board of Commissioners for its approval. Any amendments or supplements thereto proposed by the Planning Board shall also be submitted to the Board of Commissioners for its approval. The Design Guidelines may be used in the review of all development applications and applications for Certificates of Appropriateness in the District. The Design Guidelines establish "suggested" or "preferred" means of maintaining the visual sense of the past within the District. However, the Design Guidelines are not "requirements" but are to be liberally construed to provide the Planning Board with the flexibility to address the specific circumstances of a particular applicant while achieving the purposes of this section.

[Amendments: Ordinance No. 2017-12, adopted September 12, 2017]

Editor's Note: The Design Guidelines may be found on file in the Borough Offices.

§ 26-11.8 Historic Review Process.

[Ord. No. 2003-05, § 008; Ord. No. 2017-12 § 6]

Requirement for a Certificate of Appropriateness.

[Amended 5-28-2019 by Ord. No. 2019-06]

A certificate of appropriateness is required in the District for the following actions:

A change, rehabilitation, restoration, reconstruction, improvement or alteration to the exterior of a building, accessory building or garage, which would modify the architectural elements of the building or structure as follows:

Effecting the design/shape/pitch or existence of the roof including, but not limited to, main roofs, dormers, roofs of bay or cantilevered windows, pediments/parapets, towers, porches, cupolas, porte cocheres, balconies;

Alteration of, or changes to, widows, including demotion of nonlinear (e.g., oval, palladian, etc.) window frame outlines;

(3)

Alteration of the traditional predominant substance/texture/finish of a building (e.g., changing from wood siding to stucco, stucco to brick, from wood material to composite material, any existing wall surface to a different wall surface).

Additions to any building, accessory building or garage as defined herein;

Demolition of any building, accessory building or garage as defined herein;

New construction;

Exceptions: There is no requirement for a certificate of appropriateness ("COA") in, inter alia, the following circumstances:

A COA shall not be required for the mere replacement of roofing material, re-shingling or other roof repair work, where the same does not alter the design/shape/pitch of any roof, as such efforts are considered maintenance work;

A COA shall not be required for the replacement, repair or reconstruction of any architectural feature [i.e., windows (size must be the same as original, change in size requires a COA), railings, balustrades, decking, exterior flooring on porches, columns, column capital and column base replacement (must be same size and profile, change in size and/or profile requires a COA), etc.] that is in-kind such that the final replaced or repaired feature will appear (i.e., it need not be of identical material, just similar "appearance") substantially the same as it did before the work in question;

(3)

A COA shall not be required for the resurfacing of driveways so long as the resurfacing material is in-kind and/or consistent with materials permitted in the Design Guidelines, and the work will not increase the impervious coverage at the property.

Any applicant undertaking a change to the exterior of any building, accessory building or garage as indicated in Subsection a1 above shall first complete and submit an application for a zoning permit and impervious coverage determination to the Zoning Officer. After receiving the determinations from the Zoning Officer, the applicant shall then file an application for a certificate of appropriateness and/or a general application to the Planning Board.

The Construction Official shall not issue a building permit for an exterior change to any building, accessory building or garage, as indicated in Subsection a1 above, nor shall any construction occur in the case where a construction permit is not required, prior to review by the Planning Board and the issuance of a certificate of appropriateness and issuance of any required variances, except in the case of an ordinary repair (as defined herein), or an emergency repair (as defined herein) or in the event of the Board's failure to act in the time prescribed in N.J.S.A. 40:55D-111 or this § 26-11.8, Historic Review Process.

A complete application for a Certificate of Appropriateness shall consist of:

Completed application form in full as supplied by the administrative officer or Planning Board Secretary on the application form(s) approved by the Planning Board to the Planning Board Secretary, and a Zoning Permit Application and Impervious Coverage Determination to the Borough Zoning Officer;

Architectural drawings or renderings of the details of the exterior of the building, accessory building or garage;

A narrative description pursuant to the Design Guidelines of the proposed scope of work;

In the case of an application for a partial or total demolition, a cost estimate (as defined herein) to rehabilitate/restore the building, accessory building or garage or part thereof sought to be demolished and a cost estimate (as defined herein) of the proposed demolition and replacement;

Application and escrow fees required for the application(s) and relief requested, zoning permit, and impervious coverage determination, as may be required by resolution of the Borough of Allenhurst Planning Board and/or the Borough of Allenhurst Governing Body.

Hearings.

Within ninety (90) days of receipt of a complete application, the Secretary of the Planning Board will schedule a public hearing on the application to take place at a regular meeting of the Planning Board. The presence of the property owner or his legal representative is required.

Hearings will be conducted pursuant to the administrative procedures established in the Developmental Ordinance of the Borough of Allenhurst as amended, as well as other statutory requirements of the State of New Jersey for the conduct of Planning Board Hearings, and as adopted by the Borough of Allenhurst Planning Board to the extent such procedures are not contrary to the statutory or regulatory laws of the State of New Jersey.

Any application for an alteration or a demolition as required by § 26-11.8a above or for any other relief from the Developmental Regulations of the Borough of Allenhurst shall require the applicant to advertise and give public notice to owners of property within 200 feet of the proposed project, in accordance with the procedure for development applications. The applicant shall be responsible for sending out the appropriate notices and shall be responsible for paying the cost of the proceedings. On the date of the hearing, the applicant shall be required to provide the Planning Board with an affidavit of mailing and an affidavit of publication as proof of fulfilling the notification and advertisement requirements specified herein.

[Amended 5-28-2019 by Ord. No. 2019-06[1]]

[1]

Editor's Note: This ordinance also repealed former Subsection c4, regarding minor alterations.

Applications for minor alterations, as defined herein, shall not require the applicant to comply with the notice and advertisement provisions of paragraph c3 of this subsection.

Determination by the Board. Upon completion of review by the Board, the Board may:

Approve, approve with conditions or deny a development application;

When denying an application, the Planning Board shall state the reasons for the action;

Upon favorable decision approving, or approving with conditions, any Certificate of Appropriateness application, the Planning Board shall issue a Resolution for Certificate of Appropriateness within forty-five (45) days, which shall include all conditions of the approval, and which may also include any condition to have any other Planning Board professional review final plans.

Upon the applicant satisfying all resolution compliance conditions, the applicant shall submit six (6) sets of final plans signed by the applicant. The Planning Board Chairman, Vice-Chairman, or designee, and the Planning Board Secretary, shall sign the final, approved, plans after the Board and/or the Board's Professional's determinations that the plans conform for resolution compliance.

The Construction Official(s) shall only issue construction permits when the final, approved, and sealed plans have been signed by all required parties, which include but may not be limited to the applicant; applicant's professionals who prepared the plans; Planning Board Chairperson, Vice-Chairperson or designee; Planning Board Secretary; and Planning Board Professionals as may be necessary. A fully signed set of the final plans shall be retained by the Planning Board Secretary for the Planning Board File, and a fully signed set shall be delivered to the Zoning Officer and the Construction Official for their respective files. A set of fully signed plans shall also be delivered to the applicant and applicant's professionals by the Planning Board Secretary.

The Certificate of Appropriateness shall authorize the Construction Official to issue a building permit if all other conditions or requirements of the resolution or law, and the Borough's Development regulations, have been satisfied.

The Certificate of Appropriateness shall be valid for one (1) year from the date it is issued by the Planning Board. Two (2) extensions of six (6) months each may be granted by the Planning Board, at their discretion, upon written request by the applicant and the applicant's appearance before the Board to substantiate the basis upon which the Board should grant any such extension.

If a Certificate of Appropriateness has been denied, the Construction Official or his agent shall not issue a building permit;

The Construction Official or his agent may stop work at any site which does not comply with an issued Certificate of Appropriateness or this section.

If, after a Certificate of Appropriateness has been issued, a change in the scope of the work becomes necessary or desired by the applicant, the applicant shall immediately halt all ongoing activity and reapply to the Planning Board pursuant to the procedures set forth in this section.

§ 26-11.9 Criteria for Review of Applications.

[Ord. No. 2003-05, § 009]

The Planning Board shall be guided by the following standards in reviewing applications for Certificates of Appropriateness and/or development applications:

Every reasonable effort should be made to provide a compatible architectural appearance for buildings, accessory buildings or garages which will require minimum alteration to the building, accessory building or garage.

Rehabilitation of any buildings, accessory buildings or garages should not substantially alter the distinguishing qualities or visual character of the building, accessory building or garage.

Deteriorated architectural features should be required, wherever possible. In the event that replacement is necessary, the new material should match the material being replaced in composition, design, texture, and other visual qualities. Repair or replacement of missing architectural features should be based on accurate duplications or original features.

With respect to an application for demolition, no building, accessory building or garage within the District shall be demolished without being condemned by standard procedures or unless it:

Is not feasible to restore it in conformance with the Design Guidelines; or

It can be shown that the building, accessory building or garage has no significant architectural or historic value.

If a building, accessory building or garage within the District is destroyed by fire or natural disaster, new construction shall conform to the Design Guidelines. Removal of architecturally significant exterior building material that conceals mechanical equipment should be avoided.

Distinctive stylistic features or examples of skilled craftsmanship which characterize older buildings, accessory buildings or garages and/or pre-date mass production of building materials should be retained wherever possible.

All buildings, accessory buildings or garages should be recognized as products of their own time. Alterations to create an appearance inconsistent with the original character of the building, accessory building or garage should be discouraged.

The design of any new buildings, accessory buildings or garages in the District and any additions to existing buildings, accessory buildings or garages should be compatible with the architectural style of the District.

The Planning Board may refer to the Design Guidelines for assistance in reviewing applications.

§ 26-11.10 Violations and Penalties.

[Ord. No. 2003-05, § 010]

Any person, firm or corporation that shall violate the terms of this section shall be subject to Section 26-9 Violations and Penalties set forth in the Developmental Ordinance.

§ 26-12 STORMWATER CONTROL.

[Added 2-23-2021 by Ord. No. 2021-03[1]]

[1]

Editor's Note: This ordinance also repealed former § 26-12, Stormwater Management, consisting of Subsections 26-12.1 through 26-12.13. Prior history includes Ord. No. 09-01.

§ 26-12.1 Scope and Purpose.

[Added 2-23-2021 by Ord. No. 2021-03]

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

Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for major development, as defined below in Subsection 26-12.2.

Applicability.

This section shall be applicable to the following major developments:

Nonresidential major developments; and

CAFRA CENTERS, CORES OR NODES

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

This section shall also be applicable to all major developments undertaken by the Borough of Allenhurst.

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.

§ 26-12.2 Definitions.

[Added 2-23-2021 by Ord. No. 2021-03]

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

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

CAFRA PLANNING MAP

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

COMMUNITY BASIN

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

COMPACTION

The increase in soil bulk density.

CONTRIBUTORY DRAINAGE AREA

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

CORE

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

COUNTY REVIEW AGENCY

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

A county planning agency; or

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

DEPARTMENT

The Department of Environmental Protection.

DESIGN ENGINEER

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

DESIGNATED CENTER

A state development and redevelopment plan center as designated by the State Planning Commission, such as urban, regional, town, village, or hamlet.

DEVELOPMENT

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

DISTURBANCE

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

DRAINAGE AREA

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

EMPOWERMENT NEIGHBORHOODS

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

ENVIRONMENTALLY CONSTRAINED AREA

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

ENVIRONMENTALLY CRITICAL AREA

An area or feature which is of significant environmental value, including, but not limited to, stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and 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.

EROSION

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

GREEN INFRASTRUCTURE

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

Treating stormwater runoff through infiltration into subsoil;

Treating stormwater runoff through filtration by vegetation or soil; or

Storing stormwater runoff for reuse.

HUC 14 or HYDROLOGIC UNIT CODE 14

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

IMPERVIOUS SURFACE

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

INFILTRATION

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

LEAD PLANNING AGENCY

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

MAJOR DEVELOPMENT

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

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

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

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

A combination of Subsection 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.

MOTOR VEHICLE

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

MOTOR VEHICLE SURFACE

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

MUNICIPALITY

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

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

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 26-12.4f 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.

NODE

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

NUTRIENT

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

PERSON

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

POLLUTANT

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

RECHARGE

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

REGULATED IMPERVIOUS SURFACE

Any of the following, alone or in combination:

A net increase of impervious surface;

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

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

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

REGULATED MOTOR VEHICLE SURFACE

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.

SEDIMENT

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

SITE

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

SOIL

All unconsolidated mineral and organic material of any origin.

STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)

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

STATE PLAN POLICY MAP

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

STORMWATER

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

STORMWATER MANAGEMENT BASIN

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

STORMWATER MANAGEMENT MEASURE

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

STORMWATER MANAGEMENT PLANNING AGENCY

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

STORMWATER MANAGEMENT PLANNING AREA

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

STORMWATER RUNOFF

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

TIDAL FLOOD HAZARD AREA

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

URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD

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

URBAN ENTERPRISE ZONES

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

URBAN REDEVELOPMENT AREA

Previously developed portions of areas:

Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), designated centers, cores or nodes;

Designated as CAFRA centers, cores or nodes;

Designated as Urban Enterprise Zones; and

Designated as Urban Coordinating Council Empowerment Neighborhoods.

WATER CONTROL STRUCTURE

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

WATERS OF THE STATE

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

WETLANDS or WETLAND

An area that is inundated or saturated by surface water or 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."

§ 26-12.3 Design and Performance Standards for Stormwater Management Measures.

[Added 2-23-2021 by Ord. No. 2021-03]

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

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

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

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

§ 26-12.4 Stormwater Management Requirements for Major Development.

[Added 2-23-2021 by Ord. No. 2021-03]

The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection 26-12.10

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).

The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection 26-12.4p, q and r:

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

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

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

A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection 26-12.4o, 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:

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

The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of Subsection 26-12.4o, p, q and r to the maximum extent practicable;

The applicant demonstrates that, in order to meet the requirements of Subsection 26-12.4o, p, q and r, existing structures currently in use, such as homes and buildings, would need to be condemned; and

The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection 26-12.4d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection 26-12.4o, p, q and r that were not achievable on-site.

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 26-12.4o, 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 amendment of the New Jersey Stormwater Best Management Practices Manual 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 Register a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.

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

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

(Notes corresponding to annotations ^(a) through ^(g) follow Table 3.)

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

(Notes corresponding to annotations ^(b) through ^(d) follow Table 3.)

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

Notes to Tables 1, 2, and 3:
^(a)	Subject to the applicable contributory drainage area limitation specified at Subsection 26-12.4o2;
^(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 26-12.2;
^(h)	Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection 26-12.2.

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 26-12.6b. Alternative stormwater management measures may be used to satisfy the requirements at Subsection 26-12.4o only if the measures meet the definition of "green infrastructure" at Subsection 26-12.2. 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 26-12.4d is granted from Subsection 26-12.4o.

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.

Design standards for stormwater management measures are as follows:

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

Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of Subsection 26-12.8c;

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;

Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection 26-12.8; and

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.

Manufactured treatment devices may be used to meet the requirements of this subsection, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of "green infrastructure" at Subsection 26-12.2 may be used only under the circumstances described at Subsection 26-12.4o4.

Any application for a new agricultural development that meets the definition of "major development" at Subsection 26-12.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsection 26-12.4o, 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.

If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 26-12.4p, 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.

Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the office of the County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 26-12.4o, 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 26-12.10b5. 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.

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 26-12.4 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 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.

Green infrastructure standards.

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

To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection 26-12.4p and q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection 26-12.4f and/or an alternative stormwater management measure approved in accordance with Subsection 26-12.4g. 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

To satisfy the stormwater runoff quantity standards at Subsection 26-12.4r, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with Subsection 26-12.4g.

If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection 26-12.4d 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 26-12.4g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection 26-12.4p, q and r.

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 26-12.4p, q and r, unless the project is granted a waiver from strict compliance in accordance with Subsection 26-12.4d.

Groundwater recharge standards.

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

The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection 26-12.5, either:

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

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

This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or to projects subject to Subsection p4 below.

The following types of stormwater shall not be recharged:

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

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

Stormwater runoff quality standards.

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

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

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

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

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

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

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

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

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

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

Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection 26-12.4p, q and r.

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.

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.

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.

The 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.

Stormwater runoff quantity standards.

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

In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection 26-12.5, complete one of the following:

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

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;

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

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.

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

§ 26-12.5 Calculation of Stormwater Runoff and Groundwater Recharge.

[Added 2-23-2021 by Ord. No. 2021-03]

Stormwater runoff shall be calculated in accordance with the following:

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

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

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

For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the 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 26-12.5a1(a) and the Rational and Modified Rational Methods at Subsection 26-12.5a1(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 has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).

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

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

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

Groundwater recharge may be calculated in accordance with the following: the New Jersey Geological Survey Report GSR-32, A Method for Evaluating 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 and Water 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.

§ 26-12.6 Sources for Technical Guidance.

[Added 2-23-2021 by Ord. No. 2021-03]

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

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

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

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

§ 26-12.7 Solids and Floatable Materials Control Standards.

[Added 2-23-2021 by Ord. No. 2021-03]

Site design features identified under Subsection 26-12.4f above, or alternative designs in accordance with Subsection 26-12.4g 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 26-12.7a2 below.

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

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

A different grate, if each individual clear space in that grate has an area of no more than 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.

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.

The standard in Subsection a1 above does not apply:

Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than 9.0 square inches;

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

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

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

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].

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

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.

§ 26-12.8 Safety Standards for Stormwater Management Basins.

[Added 2-23-2021 by Ord. No. 2021-03]

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

The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management basins. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management basins to be retrofitted to meet one or more of the safety standards in Subsection 26-12.8c1, 2, and 3 for trash racks, overflow grates, and escape provisions at outlet structures.

Requirements for trash racks, overflow grates and escape provisions.

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

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

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

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

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

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

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

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

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

Stormwater management basins shall include escape provisions as follows:

If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. With the prior approval of the municipality pursuant to Subsection 26-12.8c a freestanding outlet structure may be exempted from this requirement;

Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four feet to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one foot to 1 1/2 feet above the permanent water surface. See Subsection 26-12.8e for an illustration of safety ledges in a stormwater management basin; and

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

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

Safety ledge illustration.

Elevation View - Basin Safety Ledge Configuration

§ 26-12.9 Requirements for a Site Development Stormwater Plan.

[Added 2-23-2021 by Ord. No. 2021-03]

Submission of site development stormwater plan.

Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection 26-12.9c below as part of the submission of the application for approval.

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

The applicant shall submit eight copies of the materials listed in the Checklist for Site Development Stormwater Plans in accordance with Subsection 26-12.9c of this section.

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

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

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

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

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

Land use planning and source control plan. This plan shall provide a demonstration of how the goals and standards of Subsections 26-12.3 through 26-12.5 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.

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

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

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

Calculations.

Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection 26-12.4 of this section.

When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high-water table, then a soils report shall be submitted. The soils report shall be based on 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.

Maintenance and repair plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection 26-12.10.

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 26-12.9c1 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.

§ 26-12.10 Maintenance and Repair.

[Added 2-23-2021 by Ord. No. 2021-03]

Applicability. Projects subject to review as in Subsection 26-12.1c of this section shall comply with the requirements of Subsection 26-12.10b and c.

General maintenance.

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

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

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

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

If the party responsible for maintenance identified under Subsection 26-12.10b3 above is not a public agency, the maintenance plan and any future revisions based on Subsection 26-12.10b7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.

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

The party responsible for maintenance identified under Subsection 26-12.10b3 above shall perform all of the following requirements:

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

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