[Ord. No. 603-2008 § 26-1]
This chapter shall be known and may be cited as the "Subdivision
and Site Plan Review Ordinance" of the Borough of Avalon, Cape May
County, New Jersey.
[Ord. No. 603-2008 § 26-2]
The purpose of this chapter is to:
a.
Promote orderly growth and development in the Borough of Avalon.
b.
Set forth a clear statement of development application requirements.
c.
Promote a desirable visual environment through creative development
techniques, good civic design and arrangement.
d.
Improve the efficiency and safety of vehicular and pedestrian circulation
systems within and outside individual developments.
e.
Encourage harmonious and efficient use of Borough land.
f.
Provide safeguards to minimize the impact of development on the environment
including, but not limited to, soil erosion and sedimentation, air
pollution and water pollution.
g.
Preserve existing trees and vegetation.
h.
Promote landscape design which is both functional and aesthetically
pleasing using plants which are indigenous and appropriate to the
character of the Borough of Avalon.
i.
Ensure the provision of adequate water supply, drainage and stormwater
management, sanitary facilities and other utilities and services.
j.
Promote the establishment of appropriate population densities including
providing reasonable opportunity for the development of affordable
housing.
k.
Protect the public health, safety and general welfare through the
preservation of the Borough beaches and dunes.
l.
And, through the positive application of high standards of design
and construction, contribute to the overall quality of the environment
and to further the goals and objectives of the Borough's Master Plan
and subsequent re-examinations and the purpose of the Borough's Zoning
Ordinance.
[Ord. No. 603-2008 § 26-3]
The Borough of Avalon Planning/Zoning Board has been established and empowered to oversee subdivision, commercial and residential development by authority of N.J.S.A 40:55D-1 et seq. (herein after referred to as the Municipal Land Use Law or MLUL), applicable New Jersey case law and as authorized by the Avalon Borough Code, specifically Chapter 25, Land Use Procedures.
All action taken by the Planning/Zoning Board (herein after referred to as the "Board") shall be in conformance with the Municipal Land Use Law and applicable chapters of the Avalon Borough Code, including but not limited to Chapter 26, Subdivision and Site Plan Review and Chapter 27, Zoning. Board membership and participation shall be in accordance with Chapter 25, Land Use Procedures.
In the event that any portion of this chapter is determined
to be in conflict with applicable Federal, State or local law, only
said portion of the chapter shall be deemed invalid and the remaining
portions of same shall remain in full force and effect.
Appeals of decisions made by the Board under the grant of authority set forth above shall be in accordance with the requirements of the Municipal Land Use Law and Chapter 27, Zoning, of the Avalon Borough Code.
[Ord. No. 603-2008 § 26-4]
Plant materials that may be used on projects which are the
subject of an application for zoning permit or approval of a site
plan or subdivision by the Board, and may be used in any residential
project.
The Secretary of the Board in matters involving the Board;
the Municipal Clerk in matters involving the Governing Body; the Zoning
Officer in matters involving the issuance of zoning permits, zoning
certificates of occupancy and Zoning Ordinance enforcement; and the
Municipal Tax Assessor in matters involving lists of names and addresses
of owners to whom an applicant is required to give notice pursuant
to the Avalon Borough Code.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan development,
conditional use, zoning variance or direction of the issuance of a
permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
The Board for the Borough of Avalon.
A temporary or portable roof-like covering that projects
from the wall of a building for the purpose of shielding openings
from the elements.
Any sign intended to be hung either with or without frames,
possessing characters, letters, illustrations, or ornamentation applied
to paper, plastic, or fabric of any kind. National flags, flags of
political subdivisions, and symbolic flags of any holiday, season,
affiliation, institution, or business shall not be considered banners
for the purpose of this chapter.
This refers to the "Beach Protection Ordinance" as codified in Chapter 23, Beach and Dune Protection, of the Avalon Borough Code.
Any light with one (1) or more beams, capable of being directed
in any direction or directions or capable of being revolved automatically.
The land surface area enclosed by adjacent street or road
right-of-way lines.
A cement based product that is produced with aggregate, sand,
water and color dye and typically has a surface area less than one
hundred (100) square inches.
The Avalon Planning/Zoning Board of Adjustment.
Open spaces, landscaped areas, fences, walls, berms or any
combination thereof used to physically separate or screen one use
of a property from another so as to visually shield or block noise,
lights, or other nuisances.
A vertical shore or waterway protection structure installed
to withstand the forces of waves and currents.
A building containing facilities for changing associated
with a pool, beach, or watercourse. Plumbing for a sink is permissible.
Toilets, indoor showers, bathtubs, or cooking facilities are not permitted
in a cabana structure.
[Amended 6-23-2021 by Ord. No. 821-2021]
A document which shall be deemed to authorize, and be required
for, each occupancy and use of a building or land to which it applies.
A certificate shall only be issued upon completion of construction
or alteration or prior to any change in occupancy of a building or
land, only after the Zoning Officer is satisfied that said construction
or change is in full compliance with the requirements of the Borough
of Avalon Code. Maintenance of a valid certificate of occupancy shall
be the responsibility of the property owner.
This chapter shall be known and may be cited as the "Land
Use Procedures Ordinance of the Borough of Avalon," as amended.
This chapter shall be known and may be cited as the "Zoning
Ordinance of the Borough of Avalon, Cape May County, New Jersey,"
as amended.
An individual residential or commercial unit in a multi-unit
building wherein each unit owner also owns the common areas, such
as the hallways and elevators, as a tenant in common with the other
unit owners.
Land that immediately abuts the parcel in question.
Any development other than planned development.
A minor land service street, closed at one (1) end and having
adequate vehicle turning area at the closed end.
Calendar days.
Plants that drop their foliage annually before becoming dormant.
A raised exterior floor, attached to the principal structure,
with a minimum height of eight (8) inches measured from grade. Attached
decks may not occupy yard areas.
A raised exterior floor, detached from the principal structure,
with a minimum height of eight (8) inches measured from grade. Attached
decks may occupy yard areas.
The number of dwelling units per acre for a given area that
includes streets or other common or public open spaces.
The number of dwelling units per acre for a given area that
excludes streets and other common or public open spaces.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in an application for development, including
the holder of an option for contract purchase or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two (2) or more parcels;
the construction, reconstruction, conversion, relocation or enlargement
of any building or other structure; any mining, excavation or landfill;
any use or change in use of any building or other structure or land;
or extension of use of land for which permission may be required pursuant
to N.J.S.A. 40:55D-1 et seq.
Any permit or certificate of occupancy required to be issued
for any development regulated by the Avalon Borough Code Zoning Chapter,
Subdivision and Site Plan Review Chapter or Official Map Ordinances.
A Zoning Ordinance, Subdivision Ordinance, Site Plan Ordinance,
Official Map Ordinance or other municipal regulation of the use and
development of land or amendment thereto adopted and filed pursuant
to N.J.S.A. 40:55D-1 et seq.
The removal of surface water or groundwater from land by
drains, grading, or other means including control of runoff to minimize
erosion and sedimentation during and after construction or development
and also including alleviation of flooding.
The lands required for the installation of stormwater sewers
and/or drainage ditches or the land area required along a natural
stream, swale or other watercourse for preserving the channel or drainage
way and providing for the flow or passage of water therein to safe
guard the public from flood damage in accordance with the provisions
of Avalon development regulations or applicable State laws.
A paved area used for ingress and egress of vehicles and
allowing access from the street to a building, structure, facility
or use.
A building containing two (2) single family dwelling units
totally separated from each other by an unbroken wall extending from
ground to roof.
The detachment or movement of soil or rock fragments by water,
wind, ice or gravity.
A plant with foliage that remains green year-round.
Federal Emergency Management Agency.
The official action of the Board taken on preliminarily approved
major subdivision or site plans after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion.
A tall staff or pole on which a flag is raised.
A land area adjoining a river, stream or other water body
that is likely to be flooded.
A business which has a primary objective for the sale of
prepared food and/or beverages for consumption by its customers, including
but not limited to, restaurants, bars, taverns, ice cream parlors
and stands, candy stores, coffee shops, pizza parlors, hot dog stands,
cafes, delicatessens, diners, bakeries and seafood stores.
A building, or part thereof, accessory to a principal building,
providing for the storage of automobiles owned by the occupants of
the main building to which the garage is accessory, including one
(1) commercial vehicle with a hauling capacity of no greater than
one (1) ton.
A small freestanding roofed structure used for outdoor living,
entertaining and dining which is usually open-sided to provide ventilation
and shade.
Temporary signs, in the nature of decorations, clearly incidental
to and customarily and commonly associated with any national, local,
or religious holiday or observance.
A sign giving the nature, logo, trademark or other identifying
symbol; address; or any combination of the name, symbol and address
of a building, business, development, or establishment on the premises
where it is located.
A body of salt or brackish water separated from the ocean
or bay by a land mass or man-made structure.
Lawn, trees, shrubs, groundcover, perennials and ornamental
grasses.
Any off street space, not less than twelve (12) feet in width,
forty (40) feet in length and fifteen (15) feet in height, available
for the loading or unloading of goods, having direct access to a street
or other public way and so arranged that no vehicle is required to
back into the public right-of-way.
A parcel of land above or below water, occupied by or which
may be occupied by a building and its accessory buildings, and including
yards and other open spaces required by this chapter.
The total area within the property lines of a lot, exclusive
of any area within a street right-of-way.
Any security which may be accepted by the Borough of Avalon
for the maintenance of any improvements required under the terms of
the development regulations codified in the Avalon Borough Code.
Any subdivision not classified as a minor subdivision.
For the purposes of the National Flood Insurance Program,
the National Geodetic Vertical Datum (NGVD) of 1929 or other datum,
to which base elevations shown on a community's Flood Insurance Rate
Map are referenced.
Any division of land satisfying the following criteria:
In counting lots to determine whether or not a proposed subdivision
is a minor subdivision.
All lots to be created by the proposed subdivision, including
reserved parcels, shall be counted.
All properties created by prior subdivisions subsequent to January
6, 1960 (date of final adoption of first Land Subdivision Ordinance
of the Borough of Avalon), out of the original parcel of contiguous
land under common ownership as it existed on January 6, 1960 shall
be counted.
No lot shall be counted twice.
An identifiable, fixed marker intended to locate the corners
of specific property points. Monuments shall consist of but not be
limited to concrete or steel materials so as to retain permanency.
The Avalon Board, or Governing Body when acting pursuant
to the provisions of the Avalon Borough Code pertaining to the development
regulations.
National Geodetic Vertical Datum of 1929 or other datum,
to which base elevations shown on a community's Flood Insurance Rate
Map are referenced.
New Jersey Administrative Code.
New Jersey Statutes Annotated.
Any plant, tree, bush, flower, vine, vegetable or grass,
whether indigenous or nonindigenous, which could tend to interfere
with the orderly landscape of a property, cause physical damage to
the property, cause an unwanted physical ailment to humans, has the
potential to cause hazardous or dangerous conditions, interferes with
or retards the natural growth of landscaped areas or tends to grow
or spread in an uncontrollable manner.
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32
through 40:55D-36.
Any area located outside the lot lines of the lot in question
but within the property (of which the lot is a part) which is the
subject of a development application or contiguous portion of a street
or right-of-way.
Any area not located on the property which is the subject
of a development application or a contiguous portion of a street or
right-of-way.
Any area located on the lot in question.
Any area located on the property which is the subject of
a development application or a contiguous portion of a street or right-of-way.
An area outside the primary physical structure of a food
service establishment designated for the consumption of prepared foods
and/or beverages which is generally exposed to the elements and not
temperature controlled, although canopies, overhangs, roofs, umbrellas
and awnings are permitted.
A paved, unenclosed, roofless area at ground level. "Patios"
may occupy portions of required side or rear yard areas.
Any security which may be accepted by the municipality, including
cash, provided that the Borough shall not require more than ten (10%)
percent of the total "performance guaranty" in cash.
A structure with a defined support system for an open roof,
either attached to the building or freestanding. The roof must maintain
a maximum opacity of seventy (70%) percent.
The boundary or border of a lot, tract, or parcel of land.
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
A map or maps of a subdivision or site plan.
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
40:55D-48 and 40:55D-49 prior to final approval after specific elements
of a development plan have been agreed upon by the Board and the applicant.
An energy source generated from natural resources such as
sunlight, wind, rain, tides or geothermal heat, which are naturally
replenished.
The use of a building exclusive to the dwelling of individuals
for housing purposes including sleeping, eating, cooking, bathing
and sheltering.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made or approved or recorded
according to law; or the alteration of any street or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyance so as
to combine existing lots by deed or other instrument. The designation
of a subdivision as a "resubdivision" shall be determined on the basis
of the tract or parcel of land affected without regard to any change
in ownership.
The boundary line of land used or intended for use as streets
or other public way and from which required setbacks for front yard
and lot depths shall be measured. Where existing records are vague
or show a lesser dimension, they shall be considered to be not less
than fifty (50) feet apart, or twenty-five (25) feet from the street
centerline.
A layer of loose rock, aggregate, bagged concrete, gabions
or concrete revetment blocks placed over an erodable soil surface.
The juncture of the roof and the perimeter wall of the structure.
Dimensionless factor intended to reflect drainage or runoff
characteristics including land use, impervious cover, soil type, etc.
It represents the percentage of peak producing rainfall that will
become runoff.
A tree, usually deciduous, planted primarily for overhead
canopy.
A small structure, either freestanding or attached to a larger
structure, serving for the storage or shelter of personal property
and no larger than one hundred fifty (150) square feet in area.
A woody plant that is never tree-like in habit and produces
branches or shoots from near the base.
The length of roadway ahead visible to the driver.
The triangular area intended to remain free of visual obstructions
to prevent potential traffic hazards formed by two (2) intersecting
street lines or the projection of such lines located a designated
distance from the intersection of the street lines in accordance with
the American Association of State Highway and Transportation Officials
(AASHTO), Policy on Geometric Design of Highways and Streets, latest
edition.
Any object, device, display or structure, or part thereof,
visible from the street or from any other property, situated outdoors
or indoors, which is used to advertise, identify, display, direct
or attract attention to an object, person, institution, organization,
business, product, service, event or location by any means, including
words, letters, figure, design, symbols, fixtures, colors, illumination
or projected images.
The area of a sign which is computed by multiplying the greatest
width of the sign face by the greatest height of the sign face. The
sign area shall include the sign face and any framing, trim or molding,
but shall not include the supporting structure. See Signable Facade
Area.
The area or display surface used for the message.
A portable sign capable of standing without support or attachment,
which when viewed perpendicular to the message, resembles the shape
of the letter "A".
Any sign or part of a sign, which changes physical position
by any movement, or rotation or which gives the visual impression
of such movement or rotation.
A sign that is mounted on, painted on, or attached to an
awning that is otherwise permitted by this chapter.
A sign painted on, located on or attached to any part of
the surface of a bench, seat, or chair placed on or adjacent to a
public place or roadway.
A sign which contains a commercial message and which directs
attention to a business, commodity, service or entertainment conducted,
sold or offered at a location other than the premises on which the
sign is located.
A sign which contains a commercial message and which directs
attention to a business, commodity, service or entertainment conducted,
sold, or offered at a location other than the bus stop or bus shelter
on which the sign is located.
A sign that is mounted on or painted on, or attached to a
canopy that is otherwise permitted by this chapter.
A sign that is designed so that characters, letters, or illustrations
can be changed or rearranged without altering the face of or the surface
of the sign. The only portions of the sign exempted from the prohibition
on flashing are the areas or portion that display time and temperature.
A sign which contains messages of civic groups, churches
or places of worship, and local special events which directs attention
to a church or place of worship, facility, event, club, or organization.
A temporary sign erected on the premises on which construction
is taking place, during the period of such construction, indicating
the names of architects, engineers, landscape architects, contractors,
or similar artisans, and the owners, financial supporters, sponsors,
and similar individuals, or firms having a role or interest with respect
to the structure or project.
Signs limited to directional messages, principally for pedestrian
or vehicular traffic, such as "one-way," "entrance," and "exit." Window
signs such as those that indicate hours of operation, credit card
acceptance, and business affiliations are considered as informational
signs. No sign with a commercial message legible from a position on
the street shall be considered directional or informational.
Signs listing the tenants or occupants of a building or group
of buildings. The respective professions or business activities may
also be included as part of the sign.
See Sign, Wall.
Any immovable sign not affixed to a building.
A sign containing only the name and occupation of a permitted
home occupation.
A sign lighted by or exposed to artificial lighting either
by lights on or in the sign or directed towards the sign.
Any display or object capable of being expanded by air or
other gas and used on a permanent or temporary basis to advertise
a product or event.
A sign that is mounted, or painted on, or attached to a marquee
that is otherwise permitted by this chapter.
Memorial signs or tablets, names of building and date of
erection when cut into any masonry surface, integral to the construction
of a building, or when constructed of bronze or other incombustible
material mounted on the face of a building, bench or other structure.
Signs which identify any type of housing development, by
name.
Any sign that does not conform to the regulations of this
chapter.
See Sign, Billboard.
An on-premises sign which identifies that a realtor or homeowner is conducting an "open house" at that residence pursuant to a permit and under conditions set forth under subsection 26-7.21.
An off-premises sign directing the public to a residence where a realtor or homeowner is conducting an "open house" pursuant to a permit and under conditions set forth under subsection 26-7.21.
A temporary sign announcing or supporting political candidates
or issues in connection with any national, State or local election.
A sign that is not permanent, affixed to a building, structure
or the ground such as an "A" frame, sandwich, or swinger sign.
A sign that is wholly or partly dependent upon a building
for support and which projects more than twelve (12) inches from such
building.
A sign pertaining to the sale, rent or lease of the premises,
or a portion of the premises, on which the sign is located.
A sign located in a district zoned for residential purposes
that does not contain any commercial message except for goods or services
legally offered on the premises on which the sign is located. See
Sign, Home Occupation.
A sign mounted on or above the roof of a building. A sign
that projects above the top walk or edge of a building with a flat
roof, above the eave line of a building with a gambrel, gable, mansard
or hip roof.
Any sign sponsored by the Federal, State, County or local
government and any sign sponsored by an agency, nonprofit group, public
fundraising event required to notify the organizers, participants
or general public of an event, parade route or other route such as
a run or walk for charity or other semi-public or public purpose.
Any banner sign which is stretched across and hung over a
public right-of-way.
A sign hanging down from a marquee, awning, canopy, porch,
or roof overhang that would otherwise exist without the sign.
A portable sign capable of standing without support or attachment,
which when viewed perpendicular to the message, resembles the shape
of the letter "T," inverted. In no case shall swinger signs be permitted
to actually swing.
A sign constructed of paper, cloth, canvas, plastic, plywood,
or other lightweight material intended to be displayed for a short
period of time, normally less than thirty (30) days.
A sign or a portion of a sign whose sole purpose is to indicate
the time and/or temperature.
A sign affixed to ground plane or vegetation to identify
the vegetation and/or commemorate a person or event.
A sign fastened to or painted on the wall of a building or
structure in such a manner that the wall becomes the supporting structure
for, or forms the background surface of the sign and which does not
project more than six (6) inches from such building, or structure.
A sign that is applied to or attached to the exterior or
interior of a window or located in such manner within a building that
it can be seen from the exterior of the structure through a window.
An on-premises sign which identifies that an owner/tenant is conducting a" yard sale" which means: all general sales open to the public conducted from or on a premises for the purpose of disposing of personal property, including but not limited to all sales entitled yard, lawn, garage, attic, porch, room, flea market, tag, trunk, estate, or rummage sale, at that residence pursuant to a permit and under conditions set forth under Section 26-7, Design Standards. Official, governmental or charitable sales are excluded.
An off-premises sign directing the public to residence where an owner/tenant is conducting a "yard sale" which means: all general sales open to the public conducted from or on a premises for the purpose of disposing of personal property, including but not limited to all sales entitled yard, lawn, garage, attic, porch, room, flea market, tag, trunk, estate, or rummage sale, at that residence pursuant to a permit and under conditions set forth under Section 26-7, Design Standards. Official, governmental or charitable sales are excluded.
The rectangular, continuous area on the wall of a building,
which extends from the top line of windows and doors on the first
floor, and the bottom line of the second floor windows, roof, or cornice
above, in an area that is uninterrupted by windows, architectural
details, or openings.
A building containing one (1) dwelling unit and that is not
attached to any other building by any means and is surrounded by open
space and yards.
A development plan of one (1) or more lots on which is shown, the existing and proposed conditions of the lot as noted in Section 26-5, Site Plan Exemptions, and any other information that may be reasonably required in order to make an informed determination pursuant to the development regulations chapters of the Avalon Borough Code.
The maximum area of the flood plain that, on the average,
is likely to be flooded once every one hundred (100) years (i.e.,
that has a one (1%) percent chance of being flooded each year).
A temporary group of small decorative flags strung on a flexible
cord or string designed to attract attention to the property for open
house purposes.
Any avenue, boulevard, road, parkway, viaduct, drive, or
other way which is an existing State, County or municipal roadway;
or is shown on a plat heretofore approved pursuant to law; or is approved
by official action pursuant to N.J.S.A. 40:55D-1 et seq., or is shown
upon a plat duly filed and recorded in the office of the County Clerk
and includes the land between the right-of-way lines, whether improved
or unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the right-of-way lines.
Trees planted in the street right-of-way, between the sidewalk
and curbline or between the right-of-way line and the streetline.
The division of a lot, tract or parcel of land into two (2)
or more lots, tracts, parcels or other divisions of land for sale
or development. The following shall not be considered a "subdivision"
within the meaning of this chapter if no new streets are created:
divisions of property by testamentary or intestate provisions, divisions
of property upon court order and conveyances so as to combine existing
lots by deed or other instrument. The terms "subdivision" shall also
include the term "resubdivision."
A pool of any shape that has a minimum water depth of thirty-six
(36) inches and a maximum water depth of forty-eight (48) inches at
the wall. The wall is located on the surrounding ground and is capable
of being dismantled or stored and reassembled to its original integrity.
Diving and the use of a water slide are prohibited.
A pool package whose walls rest fully on the surrounding
ground and has an excavated area below the ground level. Diving and
the use of a water slide are prohibited.
A raised, level and unroofed platform of earth or concrete,
supported by one (1) or more faces of masonry or wood support. "Terraces"
may not occupy any required yard areas.
An attached, privately owned single-family dwelling unit,
which is part of, and adjacent to other similarly owned single-family
dwelling units that are connected to but separated from one another
by a common party wall having no doors, windows, or other provisions
for human passage or visibility.
Unoccupied parcel of land having a runoff coefficient between
0.15 and 0.30.
A passage or path designed for use by pedestrians.
Any area of land either naturally formed or artificially
designed for the storage, passage, retention or flow of water, including
but not limited to a lake, pond, stream, ditch, swale, canal, lagoon,
bay or ocean.
A structure intended for use in providing stormwater management
control of rainwater to allow for partial storage and release of stormwater.
A storm having a four (4%) percent chance of occurring in
any given year.
A storm having a one (1%) percent chance of occurring in
any given year.
[Ord. No. 603-2008 § 25-5]
Site plan review and approval shall not be required for:
a.
Applications involving only single-family and duplex buildings.
b.
Accessory uses and structures when in conjunction with single-family
and duplex buildings. These structures include but are not limited
to fences, walls, garages, sheds, gazebos, cabanas, pergolas, above
ground and in ground swimming pools, decks, patios, terraces, driveways,
walkways and block pavers, and flag poles.
c.
Any sign which conforms to all applicable zoning requirements or
has been approved in connection with a site plan application before
the Board.
d.
The alteration or repair of an existing building or use when the
Zoning Official determines that said alteration or repair:
e.
Applications for certificates of nonconformity in accordance with
N.J.S.A. 40:55D-68.
f.
Applications for pool drainage permits.
g.
Applications for curb cut permits.
h.
Applications for outdoor dining permits not requiring any variances.
[Ord. No. 603-2008 § 25-6.1]
a.
All development applications to be presented to the Board shall comply
with the requirements of this section.
b.
Said development applications shall include site plans, subdivisions,
variances pursuant to N.J.S.A. 40:55D-70, extensions and design or
site plan waivers.
c.
No development applications shall be deemed complete and presented
to the Board for review and approval unless the applicant, at the
time of submission of the application certifies and provides proof
that all current property taxes, water and sewer assessments and local
assessments are paid in full. There shall be an exception for taxes
that become due between the submission of the application and the
eventual hearing unless the period of time between the filing of the
application and the hearing is more than four (4) months, in that
case, the applicant must provide proof of the payment of all current
property taxes, water and sewer assessments and local assessments.
[Ord. No. 603-2008 § 25-6.2]
a.
The Board Secretary shall provide to all applicants a copy of the
standard application which shall include a checklist of requirement
submissions for applications, a copy of the application and escrow
fee schedule and the currently approved Acceptable Plant Material
List which is updated by the Environmental Commission.
b.
An applicant must submit four (4) copies of the application and proposed
documents to the Board Secretary, together with all application and
escrow fees, and proof of payment of current property taxes, water
and sewer assessments and other local assessments to be considered
for submission for completeness review.
c.
Upon receipt of the filed application, the Board Secretary shall
assign a docket number to same to be used for the remainder of the
application process.
d.
The Board Secretary shall then submit one (1) copy of the application
and supporting documentation to the Board Engineer/Planner to determine
if the application and submissions satisfy the checklist requirements
and can be deemed complete. If deemed complete, the Board Secretary
shall forward a letter to the applicant or attorney advising them
that the application is complete and assigning a hearing date before
the Board.
e.
If the application is deemed incomplete, the Board Secretary shall
forward a letter to the applicant or attorney, by certified mail,
advising them of the deficiencies and notifying them to resubmit the
application and revised supporting documentation for secondary review
for completeness under the review process set forth above.
f.
A determination that the application is complete or not and written
notification of same shall be forwarded to the applicant within forty-five
(45) days of the date of the filed application.
g.
If the applicant requests a waiver of any checklist item, this request
shall stay the period of time to determine the completeness of the
application. The waiver request shall be submitted to the full Board
at the next available hearing for consideration and determination.
The forty-five (45) day period to determine completeness shall be
extended by a time equal to the time period between the request for
a waiver and the next available scheduled Board hearing.
h.
While the applicant is required to submit all documents set forth
in the checklists attached to the application, the Board and completeness
review designee reserves the right to require additional information
on specific applications as may be reasonably necessary to assist
the Board in making informed decisions on the propriety of applications.
This additional information, however, shall not be a reason to deem
an application incomplete.
i.
All portions of this section are intended to comply with the provisions
of N.J.S.A. 40:55D-10.3
j.
Upon being deemed complete, one (1) original and sixteen (16) copies
of a complete, typed and signed application on the forms provided
by the Board Secretary, along with seventeen (17) copies of plans
or other supplemental documents shall be submitted.
[Ord. No. 603-2008 § 26-7.1]
a.
Blocks.
1.
Block length and width or acreage within bounding roads shall be such as to accommodate the size of lots required in the area by the Avalon Borough Code Chapter 27, Zoning, and to provide for the convenient access, circulation and safety of street traffic.
2.
In blocks over one thousand (1,000) feet long, pedestrian crosswalks
may be required in locations deemed necessary by the Board. Such walkways
shall be ten (10) feet wide and shall be straight from street to street.
3.
For commercial or multifamily housing, block size shall be sufficient
to meet all areas and yard requirements for such uses.
b.
Lots.
1.
The size, shape and orientation of lots shall be appropriate for
the location of the subdivision and for the type of development and
use contemplated.
3.
Where extra width has been dedicated for widening of existing streets
to conform to Master Plan proposals, lots shall begin at such extra
width lines, and all setbacks shall be measured from such extra width
lines.
4.
Where there is a question as to the suitability of a lot or lots
for the intended use due to factors such as flood conditions or similar
circumstances, the Board may, after adequate investigation, withhold
approval of such lots.
[Ord. No. 603-2008 § 26-7.2]
a.
Concrete Curbs and Gutters.
1.
Residential developments shall comply with the provisions of the
Residential Site Improvement Standards. In all other developments,
whenever curbing and guttering are required under this chapter, it
shall be constructed in a manner approved by the Board Engineer.
2.
The concrete to be used for curbs and gutters shall be Class B concrete
as specified in the New Jersey State Highway Specifications for Curbs
and Gutters.
3.
Expansion joints shall be provided at intervals of twenty (20) feet.
4.
Concrete curbs shall be eight (8) inches wide at their base, not
less than six (6) inches wide above the roadway pavement and eighteen
(18) inches total height. 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.
5.
Combination curbs and gutters shall be constructed on a base of sand
or other similar pervious material, six (6) inches in depth and extending
twelve (12) inches beyond the rear of the curb and twenty-four (24)
inches beyond the face of the curb. The total width of the curb and
gutter shall be thirty (30) inches. The dimensions of the particular
parts of the combined curb and gutters shall be as follows:
(a)
The top of the curb shall be six (6) inches in width;
(b)
The rear of the curb shall be twelve (12) inches in height;
(c)
The width of the curb at the gutter elevation shall be seven
(7) inches;
(d)
The height of the curb face at the gutter shall be six (6) inches
and the depth of the gutter at the street face shall also be six (6)
inches; and
(e)
All exposed edges shall be rounded with radius of three-fourths
(3/4) inch to one (1) inch.
b.
Concrete Structures.
1.
Concrete structures shall conform to the American Society for Testing
Materials cement designations C-150, Type 1 for Standard Portland
Cement; C-150, Type 3 for High Early Strength Portland Cement; and
C-175, Type 1-A for air entraining portland cement. Vinsol resin or
Darex A.E.A. shall be used as the air-entraining agent for both fine
and coarse aggregate and shall conform to requirements therefor of
the New Jersey Department of Transportation Standard Specifications,
as amended and supplemented. The following standards shall be met
unless modified by the Board Engineer.
2.
Unless otherwise specified, all concrete shall be air-entrained,
having four (4%) percent to seven (7%) percent entrained air.
3.
Concrete shall be Class A, B, C or D.
4.
Required reinforcing steel shall be intermediate grade deformed bars
conforming to American Society for Testing Materials designation A-15
and A-305, as amended and supplemented.
5.
Required joint filler shall be a cellular compression material conforming
to the requirements of the New Jersey Department of Transportation
Standard Specifications, as amended and supplemented.
6.
In the construction of required concrete structures, the Board Engineer
will determine the slump range within which the contractor may work.
Transit mix concrete may be used if obtained from sources approved
by the Board Engineer. On-site mixing and proportioning equipment
will also be subject to the approval of the Board Engineer.
7.
Forms shall conform to lines, dimensions and grades shown on plans
and may only be omitted when soil conditions and workmanship permit
accurate excavation to specifications. Forms shall be firmly braced,
tight and capable of resisting movement, bulging or mortar leakage.
Forms shall be smooth and clear and shall be completely removed.
8.
Soil base for concrete work shall be properly finished to prescribed
lines, grades and dimensions and shall be approved by the Board Engineer
or his representative before concrete is placed. All areas to receive
concrete shall be free of frost, foreign matter and excessive dampness
when concrete is placed. All concrete shall be handled and placed
so as to avoid segregation. Concrete that has begun to set or has
been contaminated with foreign materials or that has too much water
shall not be used. Pouring shall be done in a continuous process until
an individual section is complete. All concrete shall be thoroughly
compacted with vibrator or other suitable equipment. Finished concrete
shall have a wood float finish unless specified by the Board Engineer
and shall be kept continuously moist for a period of three (3) days.
Curing shall be accomplished at the direction of the Board Engineer.
Expansion joints shall be provided as prescribed and shall extend
the full thickness of the concrete. Concrete shall not be poured when
the temperature is below forty (40) degrees Fahrenheit or during periods
of precipitation unless precautions acceptable to the Board Engineer
have been taken to prevent damage to the work. Precautions to avoid
freezing of the concrete shall be in accordance with the current recommendations
of the American Concrete Institute.
[Ord. No. 603-2008 § 26-7.3]
a.
Any site plan proposing driveway openings shall comply with the following:
1.
Spacing. The number of driveways provided from a site directly to
any public street or road shall comply with the following:
|
Width of Street Frontage (Ft.)
|
Number of Driveways
|
|---|---|
|
110 or less
|
1
|
|
Between 110 and 250
|
2
|
|
Over 250
|
To be specified by Board
|
2.
Location. All entrance and exit driveways to or from a public street
or road shall be so located as to afford maximum safety to traffic
on the street. Where a site occupies a corner of two (2) intersecting
streets, no driveway entrance or exit shall be located within thirty
(30) feet of right-of-way intersection lines or within twenty (20)
feet of the tangent of the existing or proposed curb radius of the
intersections. In cases where two (2) or more driveways connect a
single site to any one (1) public street or road, a minimum clear
distance of fifty (50) feet, measured along the right-of-way line,
shall separate the closer edges of any two (2) such driveways.
3.
Width.
(a)
All driveways and drive aisles accessing commercial developments
shall provide a minimum width of twenty-four (24) feet. The maximum
curb opening at the street shall be fifty (50) feet.
(b)
All driveways accessing a single residential lot shall be a
minimum of ten (10) feet wide.
(c)
On corner lots a maximum two (2) curb cuts (driveways), each
curb cut (driveway) on a different street. One (1) curb cut (driveway)
with a maximum width of twenty (20) feet and a minimum width of twelve
(12) feet and one (1) curb cut (driveway) with a width of twelve (12)
feet.
[Ord. No. 603-2008 § 26-7.4]
Refer to the Avalon Borough Code Chapter 23, Beach and Dune Protection.
[Ord. No. 603-2008 § 26-7.5]
a.
All subdivisions, site plans and development applications presented
to the Board should be developed after consideration of the Borough's
goals of energy conservation. All development plans should follow
energy efficient design principals and make maximum use of renewable
energy sources. The development plan should strive to have the lowest
reasonable impact on natural features, topography and resources and
to maximize recycling efforts.
b.
Any proposed development should take advantage of existing topographical
features to minimize disturbance of existing vegetation and other
natural features. All development should be made with an attempt to
adopt the concept of "green" building which is the practice of increasing
efficiency with which buildings use resources (energy, water and materials)
while reducing building impacts on human health and the environment
through better siting, design, construction, operation and maintenance
throughout the entire building life cycle. Development should attempt
to reduce operating costs by increasing productivity and using less
energy and water, improving public and occupant health through improved
indoor air quality and reducing environmental impacts of the development.
c.
Consideration should be given to the types of building materials
to be used on the project including the use of recycled building materials,
the use of building materials extracted or manufactured locally to
minimize energy use in their transportation and the reuse of portions
of a conforming structure in the event of partial or whole demolition.
All development should include the installation of energy efficient
equipment in its heating and cooling features and other electrical
utilities incorporated into the structure. Energy efficient and reduced
water toilets, dishwashers and washing machines should be used in
the interior of structures and soaker and/or drip irrigation systems
are required.
[Ord. No. 603-2008 § 26-7.6]
a.
All lands subject to flooding shall be developed to adequately alleviate
the flooding.
b.
All development shall coordinate its design with the Soil Conservation
District in the interest of avoiding any unnecessary water or airborne
soil erosion.
c.
All development shall be designed to retain existing noninvasive
and non-nuisance vegetation on-site to the maximum extent possible.
d.
Nuisance/invasive vegetation shall be removed to preserve the landscape
in its natural state insofar as possible. Landscaping of the existing
site shall be improved according to high standards of conservation
and environmental protection in keeping with the surrounding natural
setting. The development plans shall demonstrate the avoidance of
unnecessary alteration of existing topography or the removal of vegetation
and shall propose development that will otherwise respect the established
natural conditions of the site and its surroundings.
e.
Bulkhead construction shall conform to applicable standards and specifications contained in the Avalon Borough Code Chapter 20, Section 20-9, Bulkheads, and shall be subject to review in conjunction with the DEP permit by the Construction Department and the Board Engineer.
f.
Required seeding, sodding, water retention structures, rip-rapping
or other measures necessary to carry out a soil erosion and sedimentation
control plans approved by the Soil Conservation District shall be
made subject to the provisions of adequate performance and maintenance
guarantees.
g.
All development shall be designed to properly address all other environmental
agency and permit requirements, including Coastal Area Facilities
Review Act (CAFRA), Waterfront Development, Freshwater Wetlands, Coastal
Wetlands, Dunes, etc.
[Ord. No. 603-2008 § 26-7.7;
amended 6-14-2023 by Ord. No. 865-2023]
a.
Fences shall be constructed of material highly resistant to weather
and decay.
b.
Fences may be erected upon a lot in a residential zone where said
lot abuts a public or commercial zone, provided that:
1.
Such fence or wall may be erected along the boundary, and such fences
or walls need not comply with side or rear yard setbacks.
2.
New material shall be wood, decorative finished masonry, vinyl, plastic
or metal. The use of barbed, strand or chicken wire is specifically
prohibited. Woven mesh of the type known as "chain link" is permitted,
provided it is vinyl coated.
3.
Fences or walls may be solid but may not exceed six (6) feet in height.
c.
Fences shall be no higher than four (4) feet (48 inches) within the
front yard and along the lot frontage. Fence height shall be measured
so that the top of the barrier shall not be less than forty-eight
(48) inches above grade where measured on the side of the barrier
that faces away from the interior of the property.
[Amended 6-14-2023 by Ord. No. 865-2023]
d.
The general design, form and materials of fences shall relate to
the overall design and materials utilized for other structures on
the site and be aesthetically pleasing from all sides.
[Ord. No. 603-2008 § 26-7.8]
a.
All development within the Borough must be done in accordance with
all applicable construction regulations including Uniform Construction
Code and completed to the satisfaction of the Construction Officer
and fully compliant with all applicable fire safety regulations.
b.
In addition, all applications to be submitted to the Board for review
shall also be submitted by the applicant to the Borough Fire Subcode
Official and Borough Fire Chief prior to the scheduled hearing to
afford for a fire safety review of the development project by an experienced
professional. This review should include whether the development provides
for appropriate access to firefighting and emergency vehicles and
equipment, whether fire lanes or no parking areas are required and
whether the property is sufficiently serviced by fire hydrants and/or
fire suppression systems.
c.
Failure of the Fire Subcode Official and Borough Fire Chief to submit
a review letter or report to the Board shall not be cause for delay
or disapproval of the application.
[Ord. No. 603-2008 § 26-7.9; Ord. No. 675-2013 § 4]
a.
All development shall be designed and graded to utilize existing
topographic features to minimize disturbance of existing vegetation
and other natural features.
1.
All development shall be graded to direct stormwater away from adjacent
properties and towards on-site stormwater facilities or towards the
street.
2.
All grading for single-family homes or duplexes shall be a minimum
of one-half (0.5%) percent and a maximum of one (1%) percent measured
from the rear lot line to the top of the curb or sidewalk whichever
is highest.
3.
All grading for any other development shall have a minimum grading
of one-half (0.5%) percent.
4.
All topographic information shall be based on NAVD 88 vertical datum.
[Ord. No. 603-2008 § 26-7.10; Ord. No. 695-2013 § 3; Ord. No. 703-2014 § 2]
Editor's Note: The Acceptable Plant Material List can be found at the end of Chapter 26.
a.
All land subdivision and development, shall comply with the minimum landscape architectural standards set forth herein, or provide a more appropriate design relative to the specific aspects of a particular site or development proposal with the approval of the Board or the Zoning Officer. Applications for zoning permits shall comply with the requirements specified in Chapter 27, Zoning, subsection 27-7.3t, Landscaping. For major site plans and subdivisions, the Board may require additional landscape development as per the standards set forth herein are required. All landscape development should be designed to enhance the visual quality of the site and adjacent properties; provide safe vehicular and pedestrian circulation; protect against potential natural and man-made hazards; and enhance the microclimate of areas for human activity; in a manner which will promote the public health, safety and general welfare.
b.
Required plant materials should conform to the Borough of Avalon
Acceptable Plant Material List, as maintained by the Avalon Environmental
Commission. Alternate species may be utilized where the applicant
can demonstrate suitability of the plant material to the Board or
Zoning Officer. Furthermore, nothing herein is to be interpreted as
precluding any applicant from planting additional trees, shrubs, grasses,
or flowers.
c.
Streetscape. Landscape architectural development of the streetscape
shall be provided in conjunction with all development, on all existing
and proposed streets upon which the site has or creates frontage.
Improvements consistent with one (1) of the following streetscape
concepts, or an alternative concept of more appropriate design, shall
be provided.
1.
Formal Tree-Lined Avenue. This type of street tree planting is appropriate
for the majority of streets within the Borough with the exception
of properties governed by the Business Districts Streetscape requirements
provided herein. The following standards shall apply:
(a)
Shade trees shall be provided along all street frontages within
the shade tree planting area provided between the sidewalk and the
curb, at a distance between trees of thirty (30) feet. Where less
than three (3) exists between the curb and sidewalk, the trees shall
be planted on the house side of the sidewalk, two (2) feet from the
edge of sidewalk, and shall not interfere with utilities, roadways,
sidewalks, street lights, sight distances and driveway aprons. Whenever
possible, street trees shall be located within the street right-of-way.
(b)
The number of street trees shall be calculated assuming that
the first tree shall be located within ten (10) feet of the property
line.
(c)
No tree shall be planted closer than ten (10) feet from an existing
tree on an adjacent lot.
(d)
All required street trees shall have a minimum caliper size
of three (3) inches, measured three (3) feet above the ground, and
shall have a single stem with no branches lower than six and one-half
(6.5) feet above grade.
(e)
Subsequent or replacement trees shall conform to the type of
existing tree in a given area, provided that, if any deviation is
anticipated, it must be done only with the written permission from
the Zoning Officer or by the Board.
(f)
Only one (1) species of street tree may be used on a given project,
unless otherwise approved by the Board or Zoning Officer. Street trees
for infill or single lot development shall, to the greatest extent
feasible, provide similar species of trees as may exist on adjacent
or nearby lots to create a visually unified streetscape.
2.
Business Districts Streetscape. This type of streetscape development
is required along street frontages for projects located within the
B-1, B-2, R-M (Hotel-Motel) and M-B Zoning Districts, or as otherwise
deemed appropriate by the Board. The objective shall be to provide
street trees, paving, benches, lighting and other amenities to create
an ample, well-defined, unified and distinct pedestrian corridor along
the streetscape. The following standards shall apply:
(a)
Street trees shall be provided within the right-of-way in planting
areas of at least twenty four (24) square feet in surface area. An
acceptable ground cover or low shrub mass planting shall be provided
in all planting areas.
(b)
Street trees shall be Aristocrat or Cleveland Select Pears,
Pyrus calleryana "Cleveland Select," "Chanticleer" or "Aristocrat,"
spaced at thirty (30) feet on center, or other species or spacing
as determined appropriate by the Board or Zoning Officer in consideration
of the locations of any existing driveways, utility poles or existing
street trees on adjacent lots.
(c)
All required trees shall have a minimum caliper size of three
(3) inches, measured three (3) feet above the ground and shall have
a single stem with no branches lower than six and one-half (6.5) feet
above grade.
(d)
For lots fronting on Dune Drive, a walkway shall be provided
within the right-of-way with a minimum clear width of six (6) feet.
The Dune Drive Business District Streetscape Improvements are those
improvements located on Dune Drive between 19th Street and 33rd Street,
and includes sidewalks, crosswalks, street trees, benches, etc. In
areas where site furnishings are required or provided, the walk width
shall be widened to accommodate these amenities.
(e)
For lots fronting on Dune Drive, the sidewalks shall be continued
across all ingress and egress drives as a crosswalk, creating a well-defined
continuous pedestrian walkway. The pavement thickness shall be increased
in these areas to accommodate the vehicular traffic, and shall be
subject for approval by the Board.
(f)
For lots fronting on Dune Drive, site furnishings such as benches,
decorative pedestrian scale lighting, kiosks, clocks, trash and recycle
receptacles, bicycle racks, ash urns, planters and flagpoles shall
be provided where appropriate, as required by the Board.
d.
Open Space. As a landscape feature and asset, open space is encouraged
in all major site plan and subdivision development, even when not
specifically required. The objectives of the landscape treatment of
open space is to provide the opportunity and space for active and
passive recreation in all areas of human activity and residence, to
protect and enhance the Borough's natural amenities such as the bay
and ocean, dunes, and mature vegetation areas, and to retain or create
a visually pleasing image of the Borough of Avalon. The following
standards shall apply:
1.
Preservation Open Space. This type of open space is appropriate in
areas adjacent to and inclusive of natural amenities to be preserved,
such as wooded areas, the bay or ocean, dunes, wetlands, etc. This
type of open space shall be either deed restricted from future development
by conservation easements or dedicated to the Borough or another public
or quasi-public agency or organization. The following standards shall
apply:
(a)
During the site planning process significant or unique natural
amenities should be preserved where practical.
(b)
All trash, debris and undesirable materials should be removed
from the upland open space areas, including noxious invasive plant
species such as multi-flora rose, phragmites and poison ivy.
(c)
The Board may require the provision of improvements such as
pedestrian paths, picnic areas and planting when appropriate to create
a visually pleasing and beneficial environment.
2.
Recreational Open Space. The landscape architectural design of these
areas shall address safety, visual interest, microclimate and use.
The following standards shall apply:
(a)
Site amenities and walkways shall be provided as required by
the Board. Improvements for residential open space may include tennis
courts, picnic areas and/or pavilions, children's play equipment,
public access docks, seating and open lawn for play. Outdoor sitting
and eating areas/plazas are appropriate for commercial, office and
mixed-use developments.
(b)
These areas shall be planted in accordance with the green space planting requirements of this chapter which may be found in subsection 26-7.10g.
(c)
If a recreation area fronts on a street, a fence or other protective
measures shall be integrated to provide physical separation and protection
of pedestrians.
e.
Landscape Buffers. Landscape buffers are plantings, landform, fences, or walls, or a combination thereof, provided within a required buffer area as designated in this Chapter 26 or Chapter 27, Zoning, or as necessary to visually soften, screen, or enhance views, and minimize or separate any adverse impacts or nuisances on a site from adjacent properties or roads. The applicant's design professional(s) and the Board should consider the dimension of the landscape buffer area, existing vegetation, structures and topography along with the intensity and type of land use involved relative to these standards to determine the appropriate landscape buffer. The Board may require a more or less intensive landscape buffer planting if appropriate. The following standards are provided for particular types of buffer areas:
1.
Nuisance Buffer. This type of landscape buffer is appropriate in
buffer areas provided between residential and nonresidential zones
or uses, or between multifamily residential zones or uses and single-family
zones or uses, where a continuous visual screen is appropriate. The
following standards shall apply:
(a)
All existing trees and understory vegetation should be preserved
where feasible, and the plans must specify appropriate grading and
tree protection details to assure the preservation of the vegetation.
The plans must clearly indicate all vegetation to be preserved and
removed. If the Board deems it appropriate, supplemental planting
shall be provided to provide a complete visual screen. Quantities
and types of supplemental plantings must respond to the deficiencies
of existing vegetation and complement the existing vegetation and
the overall design, and must be indicated on the landscape plan. All
supplemental plantings shall comply with the size requirements of
paragraph (c) below.
(b)
Areas lacking sufficient vegetation shall receive landscape
architectural treatment including planting, berming, fences or walls
as appropriate. Berms, fences or walls shall be provided at a height
of four (4) feet to six (6) feet, or as necessary to provide a visual
screen, with the approval of the Board. The general design, form and
materials of fences, walls and berms should relate to the overall
design and the materials utilized for other structures on the site
and be aesthetically pleasing from all sides.
(c)
Planting shall be provided in conjunction with berms, fences
or walls or may be provided solely to create a complete visual screen
and visually interesting and pleasing area, in accordance with the
quantities and minimum sizes below. If berms, fencing or walls are
provided, a decreased quantity of planting may be provided at the
discretion of the Board. For every one hundred (100) linear feet of
buffer area, measured at the longest line, the following shall be
provided:
|
Type
|
Quantity
|
Minimum Size
|
|---|---|---|
|
Evergreen trees (Large Scale pyramidal)
|
12
|
8' height
|
|
Shade trees
|
3
|
3" caliper
|
|
Ornamental trees
|
As required
|
6' height
|
|
Shrubs
|
As required
|
2' height
|
|
Where narrow, upright evergreen trees are utilized such as red
cedar or arborvitae, the evergreen tree quantity shall be increased
to twenty-four (24) per one hundred (100) linear feet of buffer area.
|
2.
Filtered Buffer. This type of landscape buffer is appropriate in
buffer areas or green space which is provided to soften the impact
of a land use yet still allow views beyond the buffer area. In particular,
this type of buffer shall be provided around the perimeter of all
parking areas, internal site access roads or lanes and the perimeter
of a site which abuts a street or road, or an adjacent similar use
site and a complete visual screen is not appropriate. The buffer shall
be provided to screen unsafe distractions such as glare from car headlights
and light standards; to provide a visually pleasing environment; and
to provide spatial definition to avoid confusion. The following standards
shall apply:
(a)
All existing trees and under story vegetation should be preserved
where feasible, and the plans must specify appropriate grading and
tree protection details to assure the preservation of the vegetation.
The plans must clearly indicate all vegetation to be preserved and
removed. If the Board deems it appropriate, supplemental planting
should be provided to provide a filtered visual screen. Quantities
and types of supplemental plantings must respond to the deficiencies
of existing vegetation and complement the existing vegetation and
the overall design and must be indicated on the landscape plan. All
supplemental plantings shall comply with the size requirements of
paragraph (c) below.
(b)
Areas lacking sufficient vegetation shall receive landscape
architectural treatment, including plantings, berming, fences or walls
as appropriate. Berms, fences or walls should be provided at a height
of two (2) to four (4) feet as necessary to provide an appropriate
buffer. The general design, form and materials of fences, walls and
berms should relate to the overall design and the materials utilized
for other structures on the site and be aesthetically pleasing from
all sides.
(c)
Planting shall be provided in conjunction with berming, fencing
or walls or may be provided solely to create an appropriate screen
and a visually interesting and pleasing area emphasizing appropriate
views. Parked vehicles shall be buffered as viewed from all areas
outside of the parking area. If berms, fencing or walls are provided,
a decreased quantity of planting may be provided at the discretion
of the Board. For every one hundred (100) linear feet of buffer area,
measured at the longest line, the following shall be provided:
|
Type
|
Quantity
|
Minimum Size
|
|---|---|---|
|
Evergreen trees
|
As required
|
6' height
|
|
Shade trees
|
4
|
3" caliper
|
|
Ornamental trees
|
As required
|
6' height
|
|
Shrubs
|
55
|
2' height
|
3.
Windbreak/Heavy Screening Buffer. This type of buffer is appropriate
in buffer areas where a windbreak is necessary to stop wind borne
debris from leaving a site, or around objectionable facilities or
utility structures where a dense complete visual screen is appropriate.
This would include buffer areas around outdoor storage facilities,
loading areas or solid waste disposal facilities (dumpsters) or when
an undersized buffer area is provided and the standards specified
for a nuisance landscape buffer, are not sufficient at the discretion
of the Board of jurisdiction. The following standards shall apply:
(a)
Provide a fence, wall, berm or planting which will create a
dense complete visual screen. The height of the fence, wall or planting
should be designed relative to the facility being screened and shall
be subject to the approval of the Planning/Zoning Board. The general
design, form and materials of fences or walls should relate to the
overall design and the materials utilized for other structures on
the site or the neighborhood and be aesthetically pleasing from all
sides. Planting shall be included in conjunction with any fence or
wall.
(b)
If planting alone is provided, then a double staggered row of
dense evergreen plants shall be specified. The spacing between individual
plants shall be as necessary to provide a continuous hedge with plants
touching at the time of installation. The installed and mature height
of the plants must respond to the height of the area or facility being
screened and the views from adjacent areas and shall be subject to
the approval of the Planning/Zoning Board.
(c)
The plan submission must include an illustrative section drawing
demonstrating the effectiveness of the buffer.
f.
Parking Areas. The landscape architectural treatment of all parking areas shall be designed to promote safe and convenient circulation; to avoid vehicular/pedestrian conflicts; to limit paved areas; to provide shade and reduce heat island effects; and to soften the overall visual impact of parking areas. The design of all parking areas shall comply with the requirements of this Chapter 26 and Chapter 27, Zoning, off-street parking and loading areas, with landscape architectural treatment as follows:
1.
Shade trees within the parking area shall be provided at a minimum
rate of two (2) trees for every ten (10) parking spaces. The preservation
or relocation of existing trees greater than four (4) inches diameter
at breast height (dbh) or four and one-half (4.5) feet is encouraged
to meet this requirement. Landscape buffer or street tree plantings
are not to be considered to satisfy this requirement. In the islands
provided at the end of individual rows of parking spaces between access
roads or aisles, planting shall be provided to buffer the view of
parked cars, provide shade and cover the ground plane. The use of
excessive quantities of unplanted stone or bark mulch shall be avoided.
Shade trees shall have a minimum caliper size of three (3) inches,
measured three (3) feet above the ground and shall have a single stem
with no branches lower than six (6) feet above grade. Shrubs shall
be two (2) to two and five-tenths (2.5) feet in height.
The spacing of shrubs provided as a buffer shall be as necessary
to provide a continuous hedge or mass with plants touching at the
time of installation; species shall include, but not be limited to:
euonymus alatus compactus; myrica pensylvanica; ilex glabra compacta;
or any other species approved by the Board.
2.
Pedestrian/vehicular conflicts shall be minimized through design,
yet, when necessary, clearly defined by a change of vehicular and
pedestrian paving and plant materials. Where possible, integrated
landscape islands with walks shall be provided in front of building
entrances.
3.
Parking lot lighting should be sited within landscape islands, and
should be cut-off fixtures that direct light downward, and shall be
aimed so as to project their output straight down, unless otherwise
approved. Trees shall not hinder safe lighting coverage. Tree varieties
and light photometrics and locations shall be considered. A mix of
shade trees and evergreens should be used to reduce glare during all
seasons to adjacent properties, buildings and roadways.
4.
Parking decks or structures shall receive landscape treatment that
softens the bulk and scale of the structure and screens the ground
level cars from public roads, on-site residences and uses, and from
adjacent uses. Raised deck level planting shall be treated similarly
to a parking lot on grade.
g.
Green Space. All development shall address the planting of green
space in accordance with the standards set forth herein or another
appropriate manner. The provision and planting of green space shall
be provided on fifteen (15%) percent of the cleared portion of any
residential or commercial property and shall be planted with trees,
grasses, shrubs, and vegetative groundcover.
In the site planning process, the provision and landscaping
of green space or planting areas for multifamily, commercial or mixed-use
development should be considered to enhance the visual quality of
a site and provide spatial or directional definition as follows:
1.
A planted area shall be provided around all buildings as appropriate
relative to the architecture, anticipated use and to limit pavement
to that necessary for access and appropriate use.
2.
To provide immediate buffering, visual relief, and scale for large
buildings, (buildings of ten thousand (10,000) square feet or more),
large trees shall be provided near the building perimeter. The quantity
of trees shall be equal to one (1) tree for every forty (40) feet
of general building perimeter, and trees shall be planted within thirty-five
(35) feet of the building.
(a)
The tree size shall be based upon the height of the building
as follows:
|
Building Size (stories)
|
Minimum Tree Size
|
|---|---|
|
1 to 2
|
3" caliper
|
|
3
|
3.5" caliper
|
|
4 or more (where permitted by zoning)
|
4" caliper
|
(b)
The trees shall be located in a manner consistent with the building
architecture and site design, and shall provide maximum visual impact.
Preserved or relocated existing vegetation may be utilized to meet
this requirement.
3.
Trees shall be planted throughout a site in accordance with the following:
(a)
Deciduous trees with a minimum size of three (3) inches caliper
and/or evergreen trees at six (6) to eight (8) feet in height.
(b)
Existing vegetation areas which are adequately protected and
preserved during and subsequent to construction, may be deducted from
the quantity of required trees.
(c)
Only mature upland forest containing a predominance of trees
three (3) inches in diameter at breast height (dbh), which are located
on the property being developed, shall be considered for credit of
this requirement.
(d)
An accurate limit of existing woodland areas, clearing limits
and proposed planting locations shall be indicated on the landscape
plan, individual plot plan or site plan, and must be submitted to
the Board or Zoning Officer prior to approval.
(e)
In residential and nonresidential developments, all areas of
the site not occupied by buildings and required improvements shall
be appropriately landscaped with grasses or other ground cover, shrubs
and trees as part of the landscape plan approved by the Planning/Zoning
Board. Planting of trees along streets and in front yard areas shall
be provided as required by ordinance and as necessary to create a
harmonious, pleasant view from all roads. The use of extensive unplanted
stone or bark mulch beds shall be avoided. Planting sizes shall be
in accordance with the provisions of the green space requirements
of this paragraph g.
h.
Maintenance. Maintenance of landscape areas is a crucial part of
any land development and must be addressed for all common areas of
residential development and all commercial development. Specifications
for the perpetual maintenance of all outdoor areas on a site to assure
a safe and attractive environment and to promote healthy growth of
all plant materials shall be provided.
i.
Irrigation. The irrigation type must be shown under normal circumstances
not to discharge water onto the sidewalk or into the street. Where
irrigation is provided, rain sensors or soil moisture sensors are
required to conserve water by reducing the unnecessary over-watering
of plantings.
j.
Selective Clearing and Protection of Vegetation. The preservation
of existing vegetation is a crucial component in accomplishing the
goals of this chapter. In order to maximize the opportunity to incorporate
significant areas of existing vegetation into the design of the development,
and to minimize damage to said areas during and subsequent to construction,
the following standards shall apply:
1.
A permit shall be required before a property can be cleared of forty
(40%) percent or more of any vegetation. An exception will be for
the removal of dead vegetation or nuisance plants such as, but not
limited to, poison ivy, poison oak, poison sumac and phragmites.
2.
An owner or developer shall remove only such trees, vegetation and
underbrush as is necessary to construct and install the structure
and improvements authorized by the Board or Zoning Officer in the
case of a single- or two-family residential unit. All sites shall
be developed, to the greatest extent possible, in a manner that will
result in the least amount of disturbance to the natural state.
3.
A developer is permitted to perform selective clearing to remove
trees, underbrush and undesirable vegetation, within six (6) feet
from the outside of the exterior wall of the proposed structure and
where determined by the Planning Board or Zoning Officer in the case
of a single- or two-family residential unit, as practical for the
location of utilities, parking areas, and other structures. Dead,
damaged trees, underbrush, and undesirable vegetation may be removed
from other areas of the property. The areas and extent of selective
clearing must be clearly indicated on the plan of the development
and/or the grading and landscape plan. All selective clearing must
be approved prior to the commencement of any clearing. The site boundaries
and limits of proposed improvements must be accurately staked out
on the site for this review and approval.
4.
There shall be minimal disturbance to the root zones of all existing
vegetation that is proposed to remain. Existing vegetation shall be
protected by the construction of a four (4) foot high wood snow fence
at the drip line of the trees proposed to remain, or at the limit
of disturbance.
5.
All selective clearing operations shall be performed in strict accordance
with all applicable State, Federal and local regulations. All cleared
material, including but not limited to refuse and other deleterious
matter, shall be removed from the site and disposed of in a sanitary
landfill licensed by the State of New Jersey to accept such waste.
Vegetative materials consisting of trees, branches, stumps, and brush
which are removed may be recycled for use as mulch or wood chips at
an appropriate facility licensed by the State of New Jersey.
[Ord. No. 603-2008 § 26-7.11]
a.
All new development shall provide adequate lighting for site safety
and security. All site plan applications shall include plans for proposed
exterior lighting. These plans shall include the location, type of
light, radius of light and intensity in footcandles.
b.
All area lighting shall provide translucent fixtures with shields
around the light source. The light intensity provided at ground level
shall have a minimum of five-tenths (.5) footcandle over all parking
and pedestrian walkway areas. Light intensity at residential property
lines shall not exceed one-tenth (0.1) footcandle. All lights shall
be properly shielded to prevent glare or illumination on adjacent
land uses.
c.
All other outdoor lighting shall be shown on the site plan in sufficient
detail to allow determination of the effects at the property line
and on nearby streets, driveways and residences. No lighting shall
shine directly on nor reflect neither into vehicle windows nor onto
streets and driveways in such a manner as to interfere with driver
vision. No lighting shall be of a yellow, red, green or blue beam,
nor be of a rotating, pulsating, beam or other intermittent frequency.
The intensity of such light source, light shielding, the direction
and reflection of the lighting and similar characteristics shall be
subject to site plan approval by the Board. The objective of these
specifications is to minimize undesirable off-site effects.
d.
The style of lighting fixtures and their standards shall be consistent
with the architectural style of the principal building. The height
of lighting shall be in scale with the height of the principal building
and shall not exceed twenty-five (25) feet.
e.
Lighting shall be located along streets, parking areas and at all
intersections. In addition, all building entrances and exits shall
be lighted, and all sidewalks, pedestrian ways and bicycle paths shall
have low type structures. Freestanding lights shall be located and
designed so as not to be easily damaged by vehicles or to be a roadside
safety hazard.
[Ord. No. 603-2008 § 26-7.11]
a.
Off-street loading/unloading zones of such size and number in compliance with any prevailing requirements or supplementary regulations contained in Chapter 27, Zoning, shall be required in connection with and convenient to uses projected for the site development.
b.
All required off-street loading zones shall be furnished with necessary
vehicular maneuvering area and driveways providing efficient access
either directly or indirectly to a public street. Access to the loading/unloading
zone shall be a minimum of sixteen (16) feet in width.
1.
Entrances and exits for all required loading zones shall be located
not less than thirty (30) feet from an intersection involving a public
street. No off-street loading zone shall be so located that a vehicle
would be required to back into a street.
c.
All loading areas shall be provided with adequate setbacks, fencing
or natural barriers to effectively prevent any noise, glare or other
nuisance emanating therefrom to unduly interfere with the peaceful
use and enjoyment of adjoining residential public or private institutional
uses in accordance with the landscaping section of this chapter.
d.
All required off-street loading zones shall be surfaced with a compacted
course of material, thickness and grade specified by the Board Engineer.
The thickness of the base course shall be determined on the basis
of expected use. All off-street loading zones shall be surfaced with
asphalt or Portland cement concrete and to thicknesses specified by
the Board Engineer.
e.
Any loading space shall be properly striped and be not less than
twelve (12) feet wide, forty (40) feet long and fifteen (15) feet
of clear height.
[Ord. No. 603-2008 § 26-7.13]
Survey monuments of a size and shape specified by N.J.S.A. 46:23-9.8
et seq. (Map Filing Law) shall be installed in accordance with the
provisions of that statute.
Editor's Note: See now N.J.S.A 46:26A, 46:26B and 46:26C.
[Ord. No. 603-2008 § 26-7.14]
a.
The Board, as a condition for approval of any subdivision, site plan
or other application before the Board, may require developers to pay
their pro rata share of the cost of providing reasonable and necessary
street improvements and water, sewerage and drainage facilities and
easements located outside the property limits of the development but
necessitated or required by the construction or improvements within
such development. The proportionate or pro rata amount of the cost
of such facilities shall be borne by each developer in an amount to
be computed by the Board Engineer or such other persons as requested
by the Board. In the alternative, at the sole discretion of the Borough,
the developer may be required to install such reasonable and necessary
off-street improvements as set forth above.
b.
In cases where the reasonable and necessary need for off-tract improvements
is necessitated or required by the proposed development application
where no other property owners receive a special benefit thereby,
the applicant may be required, as a condition of approval, to pay
for, provide for and/or construct such improvements at their sole
expense.
c.
When off-tract improvements are required, the Board Engineer shall
calculate the cost of such improvements in accordance with the procedures
for determining performance guarantee amounts in N.J.S.A. 40:55D-53.4.
Such costs may include, but not limited to, any and all costs of planning,
surveying, permit acquisition, design, specification, property of
easement acquisition, bidding, construction, construction management,
inspection, legal and other common and necessary costs for the construction
of improvements. The Board Engineer shall also determine the percentage
of off tract improvements that are attributable to the applicant's
development proposal and shall expeditiously report his/her findings
to the Board of jurisdiction and the applicant.
d.
The developer shall be required to cooperate with the Board Engineer
and provide all requested information to assist in evaluating the
cost of the off-tract improvements for purposes of determining appropriate
performance and maintenance guarantees to be established for the protection
of the Borough.
[Ord. No. 603-2008 § 26-7.15; Ord. No. 611-2009; amended 3-27-2024 by Ord. No. 874-2024]
[Added 3-27-2024 by Ord. No. 874-2024]
The Borough Council hereby finds and determines that:
a.
Currently, outdoor dining is restricted by the Zoning Ordinance to
only the B-1 Business District. To include in other areas would require
a zoning variance and site plan approval.
b.
At the advent of the COVID-19 Pandemic, the Borough developed the
Avalon Temporary Emergency Recovery Plan or TERP. This allowed restaurants,
which had been closed and permitted to re-open but with capacity and
distancing restrictions in place, to utilize outdoor dining to recover
economically to some degree. Thus included, subject to some limitations,
the use of the sidewalk and other areas of the Borough right-of-way
(ROW).
c.
Outdoor dining proved successful and was very favorably received
by operators and patrons alike. The NJ Division of Alcoholic Beverage
Control, through a series of Special Rulings, allowed ABC licensed
premises, with the consent of the municipality by zoning or otherwise,
to sell alcohol for consumption on-premises in areas that were not
then or previously included as part of the licensed premises. The
Borough approved those actions and developed an outdoor dining permit.
The ABC Special Rulings are now scheduled to expire November 30, 2024.
d.
For ABC (Alcoholic Beverage Control) licensed food establishments
to continue serving alcoholic beverages outdoors after November 30,
2024, the licensee must file a place-to-place application to expand
the designated licensed area to include the outside portions being
used for outdoor dining.
e.
This amended ordinance would:
1.
Authorize outdoor dining in all zoning districts and without the
necessity of site plan review and approval.
2.
Require applicants to obtain an Outdoor Dining Permit which would
be valid for five years from date of issuance. A new application would
be required if the property is sold or transferred or if there is
any change in the outside dining area.
3.
Require that outdoor dining be confined to the deeded property with no use of the sidewalk or ROW; provided, however, that special circumstances will authorize dining on the boardwalk at the fishing pier for reasons stated. See Subsection 26-7.15.6.
4.
Establish the procedure for obtaining such an Outdoor Dining Permit
as well as the requirements for issuance of the Outdoor Dining Permit.
5.
Establish regulations for the erection of temporary structures (e.g.,
tents) for outdoor dining.
6.
Specifies that the Borough reserves the right to amend or rescind
the outdoor dining ordinance when and if determined necessary to do
so and that no person acquires any property or vested right in the
outdoor dining privilege but that same remains subject to the Borough's
exercise of its police power.
f.
The purpose of this subsection is to promote the concept of outdoor
dining which enhances the relaxed atmosphere and truly showcases the
beautiful downtown business district and other areas of the Borough
by allowing people to enjoy the ambiance of such areas and to provide
a mechanism to permit food service establishments to offer outdoor
dining without the time and expense of formal site plan review in
accordance with the requirements of this subsection.
g.
Previously, (as noted is subsection a hereof) the Zoning Ordinance restricted outdoor dining to the B-1 (Business) Zoning District only. As a result of the COVID-19 Pandemic, the Borough permitted outdoor dining even in the Borough right-of-way pursuant to the Avalon Temporary Emergency Response Plan (TERP or Avalon TERP) since indoor dining was prohibited or capacity restricted. Outdoor dining was so favorably received by both operators and patrons that the Borough has determined to permit same for all food service establishments without regard to Zoning District and without having to apply for formal site plan approval but subject to the regulations imposed by this subsection.
h.
It is the intention of the Borough, however, to monitor and review
the use of outdoor dining facilities after the adoption of this subsection
to determine its full impact upon the Borough and its citizens and
visitors.
[Added 3-27-2024 by Ord. No. 874-2024]
a.
The future regulation of outdoor dining shall be regulated by ordinances
which may be adopted, or amended from time to time under the general
police power vested in the Borough and as deemed necessary for the
public good and any such ordinances shall not require referral to
this Board as a land use ordinance.
b.
Accordingly, The Borough of Avalon reserves the right to amend, terminate,
or repeal this subsection under the municipal land use ordinances
or otherwise, and consequently, no property rights are granted to,
nor acquired by any persons(s) or entities by virtue of this subsection.
All person or entities are hereby given express notice that any expenditures
of funds in reliance on the provisions of this subsection are at their
sole risk of loss in the event this subsection is amended, terminated,
or repealed.
[Added 3-27-2024 by Ord. No. 874-2024]
This subsection applies to all food service establishments in
the Borough. Any food service establishment previously granted site
plan approval shall be subject to this subsection which is intended
to supersede any prior site plan approval.
[Added 3-27-2024 by Ord. No. 874-2024]
a.
Any food service establishments for which this subsection is applicable
must make application to the Avalon Borough Zoning Officer in accordance
with the procedure hereafter established. The application shall be
on prescribed forms and be filled out completely and submitted with
the zoning permit application and include the following information:
1.
Scaled layout of proposed tables, chairs, and low barriers, showing
dimensions of tables, chairs and overall area as related to building
facade, sidewalk, existing poles, paper boxes, trees, or other sidewalk
installations. The survey must be prepared by a licensed engineer
or surveyor and shall be drawn to scale.
2.
A detailed narrative and plan of relevant information describing
method of service, proposed hours of service outdoors and method of
litter control and trash handling of outdoor service.
3.
Photographs or diagrams of tables, chairs, umbrellas, etc., should
be utilized showing style, design, materials, size, and colors.
4.
In processing applications, the Borough Zoning Officer shall confer
as necessary with the Police and Fire Departments, Code Enforcement
Officer, Zoning and Planning Department, Borough Clerk and or Borough
Engineer and shall use as criteria for decision making the following
parameters:
5.
For 2024 through November 30, 2024, an applicant previously approved
for outdoor dining pursuant to the Avalon TERP shall be permitted
to have outdoor dining to the same extent as permitted in 2023; provided,
however, that no table or chairs for dining patrons shall be located
with eight feet of the curb line.
b.
Procedure.
1.
The application must be submitted on prescribed forms provided by
the Borough.
2.
For 2025, and for all permit renewals thereafter, an application
for outdoor dining must be submitted to the Zoning Officer not later
than April 30 or at least 60 days' prior to the time when outdoor
dining first commences at the location.
Thereafter, the application for outdoor dining must be submitted
to the Zoning Officer not later than April 30 in the year when the
existing outdoor dining permit is scheduled to expire. The permit
for outdoor dining on the boardwalk is issued annually and the complete
application must be filed by March 1 of each year for which a permit
is sought.
3.
If approved, the approval shall be evidenced by a permit which shall
be issued by the Zoning Officer and which shall be valid for five
years from the date of issuance.
4.
Any change proposed in the outdoor dining configuration must be the
subject of a revised application to be filed with the Zoning Official
detailing with specificity the proposed change, and any approval on
such modified plan will be valid for five years from the date of issuance.
5.
In the event that the property is sold, assigned, or transferred,
a new application shall be filed with the Zoning Official by the new
owner, tenant, or operator (collectively "owner") as the case may
be and, upon issuance, shall be valid for five years from the date
of issuance. If the new owner does not propose any changes in the
outdoor dining arrangement, the new owner may resubmit the existing
plan and the permit will be based on such plan then currently in existence.
[Added 3-27-2024 by Ord. No. 874-2024]
Dining in the right-of-way which was previously allowed, pursuant
to the Avalon Temporary Emergency Recovery Plan (TERP) for the duration
of the COVID-19 Pandemic only, shall terminate December 1, 2024, and
shall be prohibited thereafter, notwithstanding any other law, rule,
regulation, Gubernatorial or Mayoral Executive Order to the contrary.
Special rules shall apply to food service establishments on the Avalon
Boardwalk as herein provided.
[Added 3-27-2024 by Ord. No. 874-2024]
a.
Those food service establishments which are located on the Avalon Boardwalk shall be permitted to engage in outdoor dining on the deeded portion of the property to the same extent and subject to the sale rules and regulations as all other restaurants and eating establishments as set forth in Subsection 26-7.15.4 (Procedure for Approval of Outdoor Dining).
b.
The food service establishment located on the Avalon Boardwalk at
32nd Street that is part of the privately owned Avalon Fishing Pier,
which had the privilege of outdoor dining during the COVID-19 Pandemic
pursuant to the Avalon Emergency Response Program or TERP, and which
does not have any exterior property, shall be allowed to continue
outdoor dining, on a year-to-year basis commencing in 2024 utilizing
the last plan approved by the Borough under the TERP. Thereafter,
this privilege must be renewed annually by March 1. Such privilege
is conditioned upon the following:
1.
The applicant must have liability insurance in effect at the time
of the application with the following limits of coverage:
(a)
General liability insurance with a minimum of $1,000,000 combined
single limit bodily injury and property damage or split limit of $1,000,000/$1,000,000
bodily injury liability and $100,000 property damage liability.
(b)
The Borough of Avalon must be named as an additional insured.
It is not sufficient to merely name the Borough as a "certificate
holder."
|
In the event that the food service operator is a tenant and
not the property owner, then the insurance requirement shall be applicable
to both the property owner and the food service operator.
|
c.
The Borough reserves the right to revoke the privilege hereby granted
or to refuse to renew the annual license for any reason in the sole
judgment and discretion of the Borough.
d.
Special consideration is extended to this property to place tables
and chairs in Borough property and/or the Borough right-of-way to
the exclusion of all other dining properties due to the following
considerations:
1.
There is no area or space within the deeded property to provide space
for outdoor dining;
2.
The unique location of this property on the Avalon Boardwalk overlooking
the ocean and beach has proven to be an attraction for the public
while providing a public service;
3.
Past usage of the designated area for outside dining - while located
on Borough property or in the Borough right-of-way - has not resulted
in any interference with public access to the Boardwalk nor has it
created any public safety issues or hazards;
4.
The outdoor dining will only be approved on a yearly basis and the
approval may be rescinded when it is determined that it no longer
serves the public interest or interferes with the public use of the
Boardwalk or creates any other undesirable or dangerous conditions.
[Added 3-27-2024 by Ord. No. 874-2024]
Each applicant shall also abide by the following regulations:
a.
Hours of operation for outdoor dining shall not exceed those of the
primary use nor exceed the hours of interior operations.
b.
Food service establishments shall not be permitted to play music
or have sound amplification in the outdoor dining area. No public
address system shall be permitted.
c.
No outdoor lighting shall be permitted except small self-powered
table lighting, other than approved signs and light fixtures.
d.
Low barriers of temporary nature may be placed at the edge of seating
area during business hours so long as there is no interference with
public safety or pedestrian movement patterns. Nothing is to be placed
beyond the restaurant food service establishment's property line
so as to infringe on the adjacent property owner or the public right-of-way.
e.
There shall be no outside cooking or food preparation of any kind
unless otherwise authorized by the Board.
f.
Food purchased for consumption at an outdoor cafe may not be sold
from a permanent or temporary area, which is located outside. Food
service will be provided from inside the eatery.
g.
All restaurants, including those holding licenses issued by the Alcoholic Beverage Control Division, which intend to utilize any outdoor enclosed facility ("facility") such as a tent for outdoor dining during winter weather conditions must obtain any permits from the Borough which are required under the New Jersey Uniform Construction Code ("UCC") or the New Jersey Uniform Fire Code or other law or regulation in effect. A UCC Permit shall be required for any electrical equipment, electrical wiring, or mechanical equipment that would otherwise require a permit. Permitting for tents, canopies, or other temporary structures shall be in accordance with the International Fire Code, New Jersey Edition then in effect (N.J.A.C. 5:70-3, Chapter 31, Tents and Other Membrane Structures. No such facility may be located in the public right-of-way and must be restricted to deeded portions of the property. Such facilities that are less than 120 square feet may be erected without a UCC Permit. Facilities that are or exceed 120 square feet shall obtain all required permits and are subject to inspection.
h.
ALCOHOLIC BEVERAGE LICENSE HOLDER or ABC LICENSE HOLDER
OUTDOOR DINING WITH ALCOHOL
For purposes of this Subsection, the following terms shall have the
meaning indicated:
Those licensees who are licensed for the sale and service
of alcoholic beverages for on-premises consumption, including those
licensed under the hotel exception and club licenses, (hereafter collectively
referred to as "ABC Licensed Establishments") but excluding holders
of ABC distribution licenses.
A restaurant or dining establishment which is also an ABC
license holder and engages in outdoor dining with the sale, service,
and on-premises consumption of alcoholic beverages.
i.
Every restaurant or dining establishment is authorized to engage
in outdoor dining upon compliance with this chapter and section and
upon obtaining an Outdoor Dining Permit from the Borough. This includes
restaurants and dining establishments that are ABC license holders
and subject to the following conditions:
1.
Those ABC Licensed Establishments that have heretofore engaged in
outdoor dining with alcohol under a Covid-19 Permit issued by Special
Ruling of the Division of Alcoholic Beverage Control and scheduled
to expire on November 30, 2024, (ABC Administrative Order 2022-04)[1] shall be required to file a place-to-place application
with the Borough to include those outside areas intended for dining
with alcohol. This place-to-place application is in addition to the
required Outdoor Dining Permit. Subsequent to November 30, 2024, those
ABC Licensed Establishments, engaged in outdoor dining and sales of
alcoholic beverages may do so only in those areas which have been
expressly designated as part of the licensed premises.
[1]
Outdoor dining, including the service and consumption of alcoholic
beverages, was allowed on a temporary basis in exterior areas not
specifically included as part of the licensed premises under the "Extension
of Covid-19 Expansion of Premise Permits" commonly known as "the Covid-19
Permit," without requiring a place-to-place transfer application.
The Special Ruling is now scheduled to expire on November 30, 2024,
and such establishments will now be required to file a place-to-place
transfer to continue with such outdoor sales of food and alcoholic
beverages. Since the Covid-19 Permit, issued pursuant to Special Ruling
No. 2020-10, will now expire on November 30, 2024, all such license
holders are encouraged to file the necessary place-to-place application
concurrently with the 2024 renewal of the ABC license.
2.
Those ABC Licensed Establishments with an exterior area currently
included as part of the licensed premises and intending to continue
such areas as part of the licensed premises in annual renewals must
also apply for an receive an Outdoor Dining Permit from the Borough
in accordance with this chapter and section.
[Ord. No. 603-2008 § 26-7.16]
a.
The number, location and arrangement of parking spaces shall be provided
to meet the expected needs of the use proposed and in an efficient
and safe interconnection with the public circulation system.
b.
The size of parking spaces and their relationship to adjoining driveways
shall comply with the minimum dimensions set forth in the following
table.
|
Common Parking Layout Dimensions (Minimum in Feet) for
Passenger Vehicle Stalls at Various Angles
| |||||
|---|---|---|---|---|---|
|
Description
|
0º
|
45º
|
60º
|
75º
|
90º
|
|
Stall width
|
8.5
|
8.5
|
8.5
|
8.5
|
8.5
|
|
Stall length
|
22.0
|
18.0
|
18.0
|
18.0
|
18.0
|
|
Stall depth to wall
|
9.0
|
19.1
|
20.1
|
19.7
|
18.0
|
|
Bumper overhang
|
0.0
|
1.4
|
1.7
|
1.9
|
2.0
|
|
Aisle width, one-way
|
12'
|
12'
|
16'
|
22'
|
24'
|
|
Aisle width, two-way
|
24.0
|
24.0
|
24.0
|
24.0
|
24.0
|
c.
Residential parking spaces must be nine (9) feet wide by eighteen
(18) feet long. A parking space length may consist of sixteen (16)
feet of hard surface and two (2) feet of nonlandscaped pervious surface.
d.
Any site plan that proposes temporary stopping space or maneuvering
space for vehicles of customers or patrons seeking service at a roadside
business establishment should be so designed that the stopping or
maneuvering space will be at least ten (10) feet removed from the
right-of-way line of the adjacent street or road.
e.
Driveways and access to all parking areas shall be in conformance
with the standards set forth in this section.
f.
Stacked parking is prohibited with the exception of single-family
residential lots.
h.
Handicap accessible parking shall be provided in accordance with
the requirements of the New Jersey Codes regulating the construction.
[Ord. No. 603-2008 § 26-7.17]
a.
All development shall provide for the safe and efficient design of
pedestrian circulations with respect to arrangement, width and alignment
both within and external to the site.
b.
The required handicap accessible path shall be provided to the building
entrance in accordance with the requirements of the New Jersey Codes
regulating the construction.
[Ord. No. 603-2008 § 26-7.18]
a.
Easements along property lines or elsewhere for utility installations
may be required. Such easements shall be at least fifteen (15) feet
wide and located in consultation with the companies or municipal departments
concerned. The requirement of off-site and off-tract services and
improvements or a reasonable contribution thereto shall be required
in the interest of sound and harmonious neighborhood and community
development.
b.
Where a property is traversed by a watercourse, drainage way, channel
or stream, there shall be provided a stormwater easement or drainage
right-of-way conforming substantially to the lines of such watercourse
and such further width or construction, or both, as will be adequate
for the purpose.
c.
With respect to commercial development, particularly along Ocean
Drive and Dune Drive where only a portion of the block is being developed
and access to the parking area is off a side street, an access easement
shall be provided to the adjoining properties to allow access across
the proposed drive aisle of the lot being developed if the adjoining
properties are ever redeveloped. The width of the easement shall match
the width of the drive aisle.
d.
Natural features, such as trees, dune formations and views, shall
be preserved whenever possible in designing any development plan containing
such features.
[Ord. No. 603-2008 § 26-7.19]
a.
Sidewalks shall be required along all improved streets. All sidewalks within the public right-of-way shall be constructed of concrete only in accordance with Section 15-2.
b.
Sidewalks shall be constructed at a minimum width of four (4) feet
or match existing sidewalk, whichever is greater and thickness of
four (4) inches.
c.
Concrete sidewalk shall conform to the American Society for Testing
Materials cement designations C-150, Type 1 for Standard Portland
Cement; C-150, Type 3 for High Early Strength Portland Cement; and
C-175, Type 1-A for air entraining Portland Cement. Vinsol resin or
Darex A.E.A. shall be used as the air-entraining agent and both fine
and coarse aggregate shall conform to requirements therefor of the
New Jersey Department of Transportation Standard Specifications, as
amended and supplemented.
d.
Unless otherwise specified, all concrete shall be air-entrained,
having four (4%) percent to seven (7%) percent entrained air.
e.
Concrete shall be Class A, B, C or D.
f.
Required joint filler shall be a cellular compression material conforming
to the requirements therefor of the New Jersey Department of Transportation
Standard Specifications, as amended and supplemented.
g.
In the construction of required concrete sidewalk, the Board Engineer
will determine the slump range within which the contractor may work.
Transit mix concrete may be used if obtained from sources approved
by the Board Engineer. On-site mixing and proportioning equipment
will also be subject to the approval of the Board Engineer.
h.
Forms shall conform to lines, dimensions and grades shown on plans
and may only be omitted when soil conditions and workmanship permit
accurate excavation to specifications. Forms shall be firmly braced,
tight and capable of resisting movement, bulging or mortar leakage.
Forms shall be smooth and clear and shall be completely removed.
i.
Soil base for concrete sidewalk shall be properly finished to prescribed
lines, grades and dimensions and shall be approved by the Board Engineer
or his representative before concrete is placed. All areas to receive
concrete shall be free of frost, foreign matter and excessive dampness
when concrete is placed. All concrete shall be handled and placed
so as to avoid segregation. Concrete that has begun to set or has
been contaminated with foreign materials or that has too much water
shall not be used. Pouring shall be done in a continuous process until
an individual section is complete. All concrete shall be thoroughly
compacted with vibrator or other suitable equipment. Finished concrete
shall have a woodfloat finish unless specified by the Board Engineer
and shall be kept continuously moist for a period of three (3) days.
Curing shall be accomplished at the direction of the Board Engineer.
Expansion joints shall be provided as prescribed and shall extend
the full thickness of the concrete. Concrete shall not be poured when
the temperature is below forty (40) degrees Fahrenheit, or during
periods of precipitation unless precautions acceptable to the Board
Engineer have been taken to prevent damage to the work. Precautions
to avoid freezing of the concrete shall be in accordance with the
current recommendations of the American Concrete Institute.
[Ord. No. 603-2008 § 26-7.20]
a.
Sight triangle easements shall be provided at all street intersections
and driveways with the exception of one- and two-family residential
dwellings.
b.
The sight triangle easement and sight distance shall be measured
based on American Association of State Highway and Transportation
Officials (AASHTO) Standards, as amended.
c.
Within the sight triangle, nothing shall be erected, placed, planted
or allowed to grow so as to obstruct vision between a height of two
(2) feet and ten (10) feet above the centerline grade of intersecting
streets or driveways.
[Ord. No. 603-2008 § 26-7.21; Ord. No. 695-2014 § 3]
The purpose of this subsection is to promote and protect the
public health, safety, and welfare. As such, it will provide a more
attractive residential and commercial climate within all areas of
the Borough. This subsection is intended to create a more attractive
business climate by further enhancing the streetscape improvement
project undertaken by the community. This subsection seeks to enhance
and protect the physical appearance of all areas by reducing the obstructions
and hazards to pedestrian and auto traffic caused by indiscriminate
placement and use of signs.
a.
Approvals Required.
1.
Each application for development shall include a sign plan showing
a description of the message, trademark, symbol, or insignia, and
the specific design, location, size, dimensions, colors, materials,
height above ground, construction, and illumination of proposed signs
in accordance with the following regulations:
(a)
Any sign hereafter erected in the Borough of Avalon, which is
exposed to public view, shall conform to the provisions of this chapter
and any other ordinance or regulation of Avalon, the County, State
or Federal government relating to the erection and maintenance of
signs. In the event of conflicting regulations, the most restrictive
regulation shall prevail.
(b)
All development applications shall submit all signs to be approved
by the Board.
(c)
No sign, other than exempt signs set forth in paragraph b. below, shall be erected without first obtaining a sign permit from the Zoning Office. Permit applications shall be accompanied by a plan, drawn to scale, showing details of the sign, type of illumination, type of materials, colors, its size, and location on the building and/or lot. Openhouse signs shall be covered by a one hundred ($100.00) dollar annual permit. Notification of dates and times of all open houses shall be submitted forty-eight (48) hours in advance to the Code Enforcement Official. Signs governed by Chapter 10, Licenses and Permits, subsection 10-13.1 shall be covered by the normal "yard sale" permit. All signs will only be permitted from 9:00 a.m. to 5:00 p.m. daily. Permits for window signs and changeable copy signs shall be valid as long as there is no change in the sign area, location, and type of such signs that have been authorized by permit. Fees for sign permits shall be paid in accordance with a fee schedule adopted by the Borough Council.
(d)
No sign other than traffic or similar official signs shall be
erected within or project over the right-of-way of any public street,
sidewalk, median island, or public promenade, except as hereafter
provided.
2.
Exemptions. The following signs are permitted in any zone without
prior approvals:
(a)
One (1) nonilluminated real estate sign advertising the sale,
lease, or rent of the premises upon which the sign is located, or
the fact that the premises is under contract, which sign area shall
not exceed a total of four (4) square feet. These signs may not be
placed in the Borough right-of-way and shall be at least eight (8)
feet from the curbline. The sign must be mounted so that the top of
the sign is no more than thirty-six (36) inches above the ground.
One (1) real estate sign may be present on the property in one (1)
of the following configurations:
(1)
One (1) real estate sign may be displayed on the property while
the property is for sale and must be removed immediately after transfer
of title. The sign may include a placard placed at the top or bottom
of a real estate sign, provided the addition of the placard does not
increase the overall size of the sign beyond four (4) feet; or
(2)
One (1) real estate sign advertising the rental or lease of
the premises upon which the sign is located; or
(3)
One (1) real estate sign advertising open house on the premises
upon which the sign is located during the hours of 9:00 a.m. to 5:00
p.m. daily: or
(4)
If there is more than one dwelling unit on a property, then
one (1) real estate "for sale" sign may be displayed for each unit
on the property which has a separate address and a separate owner.
If two (2) or more units on a property are owned by the same owner,
then only one sign shall be permitted on the property for all units
owned by that owner.
(b)
One (1) nonilluminated construction sign is permitted on any
premises for which a zoning or construction permit has been issued,
which sign shall be removed within seven (7) days of either the completion
of construction, or the issuance of the final Construction Department
certificate of occupancy, or final Construction Department inspection
of the project to which the sign relates, whichever comes first.
(1)
Signs for one- or two-family uses shall comply with the size and location restrictions of subsection 26-7.21a2(a) above.
(2)
For multiple lot, one- or two-family developments, the per lot
sign area may be aggregated to create one (1) larger sign on one of
the subject properties, provided it does not exceed three (3) feet
high by four (4) feet wide or twelve (12) square feet. These signs
shall be no more than forty-eight (48) inches above the ground, supported
by no more than two (2) posts not exceeding four (4) inches by four
(4) inches.
(3)
Signs on nonresidential, mixed-use or multifamily residential
premises shall not exceed three (3) feet high by four (4) feet wide
or twelve (12) square feet. These signs shall be no more than forty-eight
(48) inches above the ground, supported by no more than two (2) posts
not exceeding four (4) inches by four (4) inches.
(c)
Decorations for a recognized officially designated holiday or
casual observance provided that they do not create a traffic or fire
hazard.
(d)
Official municipal, County, State or Federal governmental signs.
(e)
Change in the copy of a changeable copy or time and temperature
sign, once a permit for the sign has been issued.
(f)
Political signs are permitted throughout the Borough provided
that they do not create a traffic or fire hazard.
(g)
Signs denoting the name and address of the occupants of the
premises, which signs shall not exceed two (2) square feet in area.
(h)
Signs for a demolition sale that has obtained a permit. (See Section 10-13, Yard Sales, in Chapter 10, Licenses and Permits.) Such signs may not exceed three (3) square feet and shall not be attached to trees or utility poles. Demolition sale signs may not be erected more than three (3) days prior to such sale; and must be removed immediately after the sale.
(i)
Portable signs, including a swinger, "A" frame, or sandwich
sign, no larger than five (5) square feet when utilized to advertise
daily specials, special events, restaurant menu specials and the like,
providing the sign is only displayed when the establishment is open
for business. These signs shall be located on the property to which
they relate and under no circumstances shall these signs impede pedestrian
flow, or be located in a sight triangle.
(j)
Restaurant menus when displayed in a glass case affixed to the
exterior building wall for that purpose, or when displayed on a signboard
located in close proximity to the restaurant entrance located on private
property. The area of the signboard or display case shall not exceed
the menu size by more than thirty (30%) percent, and shall not be
greater than four (4) square feet.
(k)
Temporary window signs shall not impede a clear view through
the total storefront window area, and shall be promptly removed upon
termination of the sale or event, and shall not be displayed for longer
than thirty (30) days.
(l)
Directional and informational window signs including hours of
operation, credit card acceptance, and business affiliations are considered
informational signs, and are not included in the twenty-five (25%)
percent maximum permitted window sign area. No sign with a commercial
message legible from a position on the street shall be considered
directional or informational.
(m)
Open house directional signs, open house signs and streamers/pennants may be posted in accordance with this subsection only if the realtor/homeowner has on file with the Zoning Officer a current annual permit for such signs. Balloons are not permitted at any time. Open house directional signs and open house signs shall have a face no greater than three (3) square feet and a height no greater than three (3) feet and must be constructed of materials that will collapse or crush easily to avoid injury if a person contacts it. This is the only permissible sign. One (1) sign per intersection to a maximum of two (2) signs total may be posted at nearby intersections and within the public right-of-way (between the curb and the sidewalk). No other real estate sign shall be posted at a residence while an open house sign is posted there. A banner sign may be posted on-premises along with an open house sign posted in accordance with this subsection and hang no lower than seven and one-half (7 1/2) feet from grade. Open house directional signs, open house signs, pennants/streamers and banner signs shall be posted only from 9:00 a.m. to 5:00 p.m. daily and a representative of the realtor or homeowner shall be present on the premises and, shall not hold an open house for longer than three (3) consecutive days, and at the conclusion of each day, such signs shall be promptly removed by the realtor/homeowner. The Zoning Official and Code Enforcement Official are hereby authorized to remove any open house directional sign and to request the immediate removal of any open house sign, pennants/streamers, or banner signs that are posted in violation of these conditions. These powers shall be in addition to those remedies and penalties as set forth under Chapter 27, subsection 27-8.6.
(n)
Signs defined as "yard sale" and "yard sale directional signs"
which does not include, open houses may be posted in accordance with
this subsection only if the sponsor has a current permit for the "yard
sale." Balloons are not permitted at any time. Yard sale directional
signs and yard sale signs shall have a face no greater than three
(3) square feet and a height no greater than three (3) feet and must
be constructed of materials that will collapse or crush easily to
avoid injury if a person contacts it. One (1) sign per intersection
to a maximum of two (2) signs total may be posted at nearby intersections
and within the public right-of-way (between the curb and the sidewalk).
Yard sale signs and yard sale directional signs shall be posted only
from 9:00 a.m. to 5:00 p.m. daily and a representative of the sponsor
is present on the premises and must be removed promptly when the sale
is over. Yard sales at a premises may not be conducted more than twice
between January 1 and December 31 of any year.
(o)
Temporary banner signs on buildings promoting functions of nonprofit
organizations shall be permitted fourteen (14) days prior to the event
and shall be removed three (3) days after the event. These signs shall
not exceed thirty-two (32) square feet.
(1)
A temporary banner that is not larger than thirty (30) inches
by twenty (20) feet located at the intersection of 30th Street and
Dune Drive in the eastbound lane of 30th Street, on the Borough's
banner poles. These banners are to be erected not more than thirty
(30) days prior to an event or special program and shall be removed
within three (3) days following the event or special program. These
signs are subject to availability and the procedures set forth by
the Borough.
b.
Design Standards.
1.
All height limitations shall be measured from the average grade at
the curbline to the top or bottom of the sign, as is specified, or
its supporting structure.
2.
Where any sign, flag, or banner is located over a walkway, sidewalk,
pedestrian way, or other public area, the bottom of the sign, flag,
or banner shall be at least seven and one-half (7 1/2) feet above
grade level of the pedestrian area.
4.
No existing sign shall be enlarged, rebuilt, structurally altered,
or relocated except in accordance with the provisions of this subsection.
Furthermore, the failure to issue a permit for any sign shall not
relieve the owner or lessee of the premises from the duty of safely
maintaining any such structures.
5.
Signs shall be located outside of sight triangles as defined in the Subdivision and Site Plan Review Section 26-4.
6.
No sign of any type will be permitted to obstruct driving vision,
traffic signals, and traffic direction and identification signs.
7.
Signs using mechanical devices, electrical devices or both to revolve,
flash, talk, play music, or display movement or the illusion of movement
are prohibited in all zones. Time and temperature signs are exempt
from this provision.
8.
Illuminated signs shall be arranged to reflect the light and glare
away from adjoining lots and streets to prevent glare or blinding
effects upon motor vehicle traffic and so as not to cause a nuisance
to residents of the area. All exterior lighted signs shall be shielded
or have translucent fixtures to prevent glare. The external light
source shall be focused downward.
9.
Attached wall signs shall be affixed parallel to wall to which they
are attached, and the face of the sign shall project no more than
six (6) inches from the surface of the wall.
10.
All signs shall be maintained in a safe, presentable and good structural
condition at all times, including the replacement of defective parts
or landscaping, painting, repainting, cleaning, and other acts required
for the maintenance of said sign. The owner of any property on which
a sign is located and those responsible for the maintenance of the
sign shall be equally responsible for the condition of the area in
the vicinity of the sign and shall be required to keep this area clean,
sanitary, and free from noxious or offensive substances, rubbish,
and flammable waste materials. If the sign is not made to comply with
adequate safety standards, the Zoning Officer shall require its removal.
11.
It is recommended that all signs should have a consistent sign design
throughout a particular project, and shall complement the architecture
of the building and the site design elements. This includes the style
of lettering, construction, material, type of pole or standard (wood
or metal), size and lighting. Color of letters and background should
be carefully considered in relation to the color of the material of
the buildings or other location where the signs are proposed to be
located. Signs should be a subordinate rather than a predominate visual
feature of a plan.
12.
The sign area of two-sided signs shall be computed using one (1)
side of the sign.
13.
The area of individual letter, or segmented wall signs shall be computed
by first measuring the initial letter, number, logo, trademark or
symbol or letters of the name independently as a rectangle enclosing
the letter, number, logo, trademark, or symbol and adding thereto
the area of a rectangle enclosing all the remaining letters, numbers,
logos, trademarks, or symbols forming the sign. Other wall signs of
a solid face construction, which are placed and securely fastened
to the building wall and are complete in themselves shall have the
area computed on the basis of a rectangle or circle formed by a complete
sign.
14.
All awnings and canopies shall be opaque and under no circumstances
can an awning or canopy let light through. Awnings and canopies may
extend a maximum of six (6) feet from the exterior wall of the building.
Under no circumstance may any temporary sign, banner, or flag be attached
to the bottom of any awning or canopy below a height of seven (7)
feet from grade level of the pedestrian area.
15.
No advertising for real estate agents, developers, contractors, builders,
architects or tradesmen is permitted on neighborhood identification
signs.
c.
Prohibited Signs. All signs which are not expressly permitted or
exempt from regulation in accordance with this section are prohibited.
The following are examples of signs which are expressly prohibited:
1.
Signs on the Dune Drive median islands other than traffic safety,
directional, public warning signs and special event signs. Special
event signs are further regulated by this subsection.
2.
Signs hung or attached to boardwalk railings;
3.
Beacons;
4.
Tethered balloons;
5.
Signs using red, yellow, and green lights which mimic the operation
of any traffic control signal;
6.
Signs using the words such as "stop," "look," "danger," which are
placed to constitute a traffic hazard or interfere with the free flow
of traffic;
7.
Roof signs or signs mounted on the roof;
8.
Strings of light (not including holiday lighting and decorations);
9.
Inflatable signs;
10.
Animated or moving signs;
11.
Internally illuminated awning and canopy signs;
12.
Internally illuminated wall, projecting, and suspended signs (except
neon or gas tubing signs);
13.
Vehicle(s) or trailer(s) located to serve as a sign in circumvention
of this chapter;
14.
Signs which present lewd language or graphic sexual depictions;
15.
Bench signs which display a commercial message;
16.
Bus shelter signs; and
17.
Temporary signs of builders, architects, engineers, developers, contractors,
mechanics, painters, paperhangers and/or artisans, except where expressly
permitted.
18.
Any signs on trees or utility poles.
d.
Residential Districts and Uses: (R-1AA, R-1A, R-1B, R-1C, R-2A, R-2B).
1.
A permitted professional office or approved home occupation, may
have one (1) sign not to exceed three (3) square feet and shall be
setback a minimum of three (3) linear feet from all property lines.
2.
A church or nonprofit organization may have two (2) signs not to
exceed a total of thirty-two (32) square feet displayed on the property.
One (1) sign may be an identification sign and one (1) sign may be
a changeable copy sign. All signs shall be a minimum of three (3)
feet from any property line.
e.
Public Use and Public Conservation Districts and Uses: (P-U, P-C).
In Public Use P-U and Public Conservation P-C Districts only, one
(1) sign identifying each public use or (charitable or nonprofit)
institution shall be permitted and shall not exceed an area of twenty-five
(25) square feet. (A zoning permit is required for each sign, temporary
or permanent, erected in the P-U and P-C Zones).
f.
Commercial Districts and Uses: (R-M (Hotel-Motel), B-1, B-2, M-B).
1.
Any sign authorized for permitted uses in the residential districts
as specified above is permitted in a commercial district.
2.
Freestanding Signs.
(a)
Freestanding signs are not permitted in the B-1 Zone except
where a lot has a minimum of one hundred (100) feet of frontage on
a County road, and then only one (1) freestanding sign is permitted,
fronting on the County road.
(b)
Where permitted, one (1) freestanding sign shall be permitted
at a rate of one (1) square foot of sign (per side), for every three
(3) linear feet of street frontage. Freestanding signs shall not exceed
a total maximum area of thirty (30) square feet per side.
(c)
Freestanding signs shall be located a minimum of five (5) feet
away from all property lines.
(d)
Freestanding signs shall be no higher than fifteen (15) feet
above ground level, and shall have no more than two (2) sides.
(e)
Freestanding signs shall not be internally illuminated, but
illuminated by a shielded, exterior, downward-facing light source.
3.
Building Signs.
(a)
Facade wall, suspended, projecting, awning and window signs
shall have a maximum area of four (4%) percent of the total of the
area of the building facade fronting on each public street, but in
no case shall any individual sign area be greater than fifty (50)
square feet.
(b)
Wall signs shall be located between the top line of windows or doors on the first floor, and the bottom line of the second floor windows, roof, or cornice above, in an area that is uninterrupted by windows, architectural details, or openings. See Section 26-4, Signable Facade Area.
(c)
Wall signs shall not project beyond the roof or sides of the
building. Wall signs may not project more than six (6) inches beyond
the front surface of the building.
(d)
Temporary banners, at least seven (7) feet above grade and not
greater than thirty (30) square feet in total area, shall be permitted
for seasonal or temporary sales for fourteen (14) days prior and three
(3) days after the seasonal or temporary sale. A temporary banner
may not be erected for more than twenty-eight (28) consecutive days,
and a minimum of twenty-one (21) days shall elapse before another
such sign is permitted on the property.
(e)
Projecting or suspended signs with a display area not greater
than four (4) square feet, shall be permitted for each storefront
or business service having an individual public entrance from the
exterior of the building.
(f)
Projecting signs may not project more than thirty (30) inches
from the exterior wall of the building.
(g)
Suspended signs may not extend farther away from the exterior
wall of the building than the structure from which it is supported.
In no case shall the suspended sign be greater than four (4) feet
from the exterior wall of the building.
(h)
One (1) etched or painted permanent window sign shall be permitted
in one (1) storefront window of any retail or commercial business,
providing it does not exceed twenty-five (25%) percent of the window
area.
(i)
One (1) awning or canopy sign shall be permitted on the vertical
fringe of the awning or canopy providing the maximum letter height
does not exceed eight (8) inches. Under no circumstances shall the
awning or canopy be internally illuminated.
(j)
Changeable copy signs are permitted only for automobile filling
and service stations to provide pricing information.
(k)
Time and temperature signs are permitted but in no case shall
the area of such signs exceed the maximums permitted.
(l)
Neon or gas tubing signs are permitted and subject to the following
conditions:
(1)
Neon or gas tubing attached to facades and roof lines to accentuate
architectural elements is considered to be a sign by definition in
this chapter. A development application to the Board is required to
seek approval of neon tubing used as an architectural element. In
no case shall any neon or gas tubing exceed an initial output of two
hundred (200) lumens.
(2)
No neon or gas tubing sign may revolve, flash, or display movement
or the illusion of movement.
(3)
Neon or gas tubing signs can be installed in windows but shall
not exceed twenty-five (25%) percent of the total window area. The
area of neon signs is calculated by creating a rectilinear area around
the sign and calculating the sign area within the rectilinear space.
(4)
Whenever a parcel in the commercial district is directly across
the street from residential districts as shown on the map of the Borough
of Avalon, neon and gas tubing signs are prohibited.
(5)
All neon or gas tubing signs are required to have an initial
output of less than two hundred (200) lumens.
g.
Billboard and Off-Premises Signs. The purpose of this paragraph is
to promote the unique scenic beauty of Avalon. Specifically N.J.A.C.
16:41C entitled Roadside Sign Control and Outdoor Advertising prohibits
billboards and off-premises signs adjacent to the Garden State Parkway,
scenic areas, and in residential areas. Whereas there are no highways
located in or adjacent to the Borough and, whereas residential districts
are located in proximity to commercial districts and there are no
industrial districts located in or adjacent to the Borough, the Borough
of Avalon hereby prohibits all billboards and/or off-premises signs.
[Ord. No. 603-2008 § 26-7.22]
a.
All development shall provide on-site solid waste management for
both trash and recyclable materials. Separate containers for each
shall be provided.
b.
Any trash enclosure shall be completely screened from public view
utilizing landscaping and shall not be located along any front property
line.
c.
Any trash enclosure shall be nonpolluting, covered from weather and
secure from vandalism.
d.
Compactor units shall be a complete operation.
e.
Any trash enclosure shall be situated to provide efficient and safe
access to the waste hauler.
f.
If the waste hauler is to be the Borough of Avalon, a letter from
the Public Works Department accepting the location and design of the
trash enclosure shall be provided.
g.
The space required for the trash enclosure shall be sufficient to
accommodate the proposed use of the property. Particular care shall
be taken for mixed-use projects to provide at least enough area for
two (2) 35-gallon receptacles for trash, one (1) 35-gallon receptacle
for recyclable plastic, glass and aluminum and also area for cardboard/paper
for each residential unit and each one thousand (1,000) square feet
of commercial space.
[Ord. No. 603-2008 § 26-7.23]
a.
Surface drainage systems adequately designed to accommodate all surface
runoff coming to or accumulating on the tract shall be installed.
The line, grade and location of storm sewers, culverts and storm drains
shall be approved by the Board Engineer. The determination of pipe
and box culvert sizes shall be based on hydraulic computations using
the rational method in which the actual watershed area tributary to
the structure is measured. In setting the value of the runoff factor
"C," consideration will be given to the physical features of the drainage
basin. Due consideration shall be given to the Avalon Zoning Ordinance
in estimating the future density of development of the drainage basin.
b.
In computing runoff, the rational formula shall be used: Q = C x
I x A in which Q equals volume in cubic feet per second; C equals
runoff factor; I equals intensity of rainfall in inches per hour;
and A equals watershed area in acres. A minimum runoff coefficient
shall be used which is based on the following table:
|
Runoff Coefficients for Drainage Basins
| |
|---|---|
|
Land Use Type
|
Runoff Factor "C"
|
|
Parklands
|
0.15 to 0.30
|
|
Low-Density Residential
|
0.30 to 0.50
|
|
Dense Residential and Local Business
|
0.50 to 0.70
|
|
Commercial and Parking Lots
|
0.70 to 1.00
|
c.
Vacant sites or sites to be vacant shall, for analysis purposes,
utilize the following parameters:
1.
All sites shall be considered vacant for predevelopment parameters;
2.
The post-development runoff shall be less than the predevelopment
runoff;
3.
A 25-year storm shall be utilized;
4.
Runoff shall be estimated in accordance with N.J.A.C. 5:21;
5.
A minimum water storage of twenty-five (25%) percent shall be provided
on-site;
6.
All drainage facilities shall be provided with positive overflow(s).
d.
Sites that are altered and which increase the runoff characteristics
shall comply with paragraph c. above for the altered areas and the
remaining site area is subject to the Board's discretion.
e.
Sites that are not altered but which require site plan review are
subject to the Board's discretion.
f.
Minor subdivisions, which result in new building lots, require stormwater management consistent with Chapter 27, Zoning.
g.
Minor subdivisions, which result in both new building lots and existing developed lots, require stormwater management. The new building lots require stormwater management consistent with Chapter 27, Zoning. The built lots require stormwater management pursuant to the Board's discretion.
h.
Major subdivisions not requiring street improvements require stormwater
management consistent with the provisions for minor subdivisions.
i.
Major subdivisions requiring street improvements require stormwater
management consistent with the provisions of N.J.A.C. 5:21 for the
streets and stormwater management consistent with the provisions for
minor subdivisions for the lots.
j.
All lots shall be graded toward the street(s) at a minimum slope of one-half (1/2%) percent and a maximum slope of one (1%) percent, measured to the existing top of curb or existing sidewalk elevations, whichever is higher. If a grade difference between the adjoining properties results, then retaining walls shall be constructed. Retaining walls shall be constructed of masonry or plastic materials designed for the superimposed loading. (Exception: Any lots which are regulated under the Avalon Beach Protection Ordinance, codified as Chapter 23, Beach and Dune Protection.
k.
No finished grade on the property shall exceed the elevation permitted
in paragraph j. above. This includes the finished elevation of all
patios and pools located within yard areas.
l.
The top of the retaining wall along the rear property line shall
extend between 0.20 and 0.40 feet above the maximum permitted elevation.
m.
No water shall run onto an adjacent property. Techniques such as
raised driveway edges, low curbing or other similar methods shall
be employed to direct water off-site or to recharge areas.
n.
The roof runoff or the equivalent impervious area shall be directed
to subsurface recharge areas by way of gutters and downspouts. Recharge
areas and/or roof drains shall be provided with positive overflow(s).
For analysis purposes, the following parameters shall be utilized:
o.
All development shall provide a four (4) foot wide planted green
space along the rear and side property lines within the rear yard
to increase infiltration, improve aesthetics, and provide space for
grading and the conveyance of stormwater.
p.
To protect from flood by maintaining the integrity of the stormwater
management system of the Borough, and to protect the water quality
of the bay, all development which is subject to review under this
subsection, including the construction of a pool or spa, shall comply
with the following:
1.
Silt fence shall be installed along the entire limit of disturbance
of the site and maintained during construction until permanent landscaping
has been established and approved by the Borough;
2.
Each potentially affected inlet shall have protection measures installed
such as hay bales, stone and filter fabric, or other methods as approved
by the Borough;
3.
All discharge water generated by the dewatering of excavated areas,
including pools, shall be filtered prior to discharge off-site. This
shall be accomplished through the utilization of sediment control
bags or tanks at the point of discharge;
4.
Inspection and, where necessary, pumping out of affected storm drains
shall be performed by the Borough's contractor, which cost shall be
borne by the applicant and paid from their application fee(s) as established
by the Borough;
5.
The measures described herein shall comply with the Standards for
Soil Erosion and Sediment Control in New Jersey, as amended; and
6.
All protection measures shall be installed prior to construction
and remain in place until the site has been approved by the Borough.
[Ord. No. 603-2008 § 26-7.24]
a.
Residential developments shall comply with the requirements of the
Residential Site Improvement Standards (RSIS), N.J.A.C. 5:21 et seq.
b.
All development shall be served by an improved street in accordance
with an all-weather base and pavement with adequate crown.
c.
Any nonresidential development street shall be designed in accordance
with the following:
1.
Minor or secondary arterials are intended to connect with and augment
the major arterial system and to provide for trips of moderate length,
speed and volume (eight thousand (8,000) to fifteen thousand (15,000)
vehicles per day);
2.
Collector streets are designed to serve as traffic channels between
minor streets and the arterial road system (five thousand (5,000)
to eight thousand (8,000) vehicles per day);
3.
Local or minor streets (including cul-de-sac and marginal access
streets) are designed and intended to provide access to adjacent properties
and are not intended to carry through traffic (less than five thousand
(5,000) vehicles per day);
4.
Right-of-way widths for the above-designated street classifications
shall be measured from lot line to lot line and shall be not less
than the following, nor shall any new street right-of-way width be
less than the width of an extension of any existing street as shown
on the official map:
d.
The actual design, construction and widths shall be subject to review
and approval by the Board Engineer in accordance with the provisions
of this subsection, the RSIS, any adopted Master Plan or Official
Map and any other applicable ordinances of Avalon Borough, County
of Cape May and State of New Jersey or acceptable engineering standards.
e.
Subdivisions abutting arterial streets shall provide a marginal service
road, reverse frontage lots with planted buffer strips or such other
means of separation of through and local traffic as the Board may
determine appropriate. Sidewalk installation along the outer or street-side
edge of marginal services roads may be waived by the Board.
f.
The right-of-way for internal roads and alleys in commercial development
shall be determined on an individual basis by the Board and shall,
in all cases, be of sufficient width and design to safely accommodate
expected traffic movements and parking and loading needs.
g.
Subdivisions that adjoin or include existing streets that do not
conform to widths as shown on the Master Plan or Official Map or the
street width requirements of this chapter shall provide for additional
width along either one (1) or both sides of said road. If the subdivision
is along one (1) side only, one-half (1/2) of the required extra width
shall be dedicated.
h.
Whenever possible, street intersections shall be at right angles
and, in any case, the angle formed shall not be less than sixty (60)
degrees. No more than two (2) streets shall meet or intersect at one
(1) location and the centerlines of two (2) intersecting streets shall
pass through a common point. Block corners at intersections shall
be rounded at the curbline with the intersecting street having the
higher radius requirement as specified below:
i.
Street jogs with centerline offsets of less than one hundred twenty-five
(125) feet are prohibited;
j.
A tangent of a length approved by the Board Engineer shall be introduced
between reverse curves on arterial or collector streets;
k.
Dead-end streets shall not be longer than six hundred (600) feet
and shall provide a turnaround at the closed end with a radius of
not less than fifty (50) feet tangent wherever practicable to the
right side of the street. If a dead-end street is temporary, a turnaround
as described above shall be provided, together with provision for
future extension of the street and reversion of any excess right-of-way
to adjoining properties.
l.
No street shall have a name that will duplicate or so nearly duplicate
as to be confused with the name of an existing street in the Borough.
The continuation of an existing street shall have the same name.
m.
Final approval of a plat shall not be construed as the acceptance
of a street dedicated to public use.
[Ord. No. 603-2008 § 26-7.25]
a.
Swimming pools shall be designed and constructed in accordance with
the latest edition of International Building Code, Section 3109.
b.
All drawings and plans for the construction, installation, enlargement
or alteration of any swimming pool and appurtenances shall first be
submitted to the Zoning Officer and Construction Official for examination
and approval.
c.
All plans shall be prepared by a New Jersey licensed professional
engineer or architect, and drawings shall be drawn to scale of not
less than 1"=10'.
d.
The pool plan shall show the location of all existing and proposed
site structures, including principal and accessory buildings, decks,
walks, patios, fences, pumps and pool equipment, as well as impervious
coverage calculations. All dimensions, sizes, coverage calculations
and distances shall be accurately figured and drawings made explicit
and complete showing the lot line, all structures on the lot, all
information pertaining to the pool including water supply system,
drainage and disposal systems for the filtration unit: decks, walks
and fence locations and all appurtenances pertaining to the swimming
pool. Detailed plans and vertical elevations in accordance with the
Building Code must also be provided.
f.
All private residential swimming pools, appurtenances, water supply
and drainage systems shall be constructed in conformity with the approved
plans. As-built drawings of the pool and appurtenant structures as
described in paragraph d. above, shall be prepared by a NJ licensed
professional engineer, architect or surveyor.
h.
Pools shall be equipped with facilities for emptying the pool and
the discharge of the pool water to the nearest sanitary sewer drain.
A hosepipe shall be used for discharge. Water drained from the pool
or generated by backwash activities shall not be discharged to the
storm sewer system, onto any property or dune area, or into any water
body.
i.
Equipment shall be provided for the disinfection of all pool water.
Any disinfection method using materials other than chlorine compounds
shall be subject to the approval of the Water Superintendent. Disinfection
equipment installed for the use of chlorine compounds shall have sufficient
capacity to maintain a minimum free chlorine residual of five-tenths
(0.5) parts per million. The disinfectant shall be introduced into
the recirculation system ahead of the filters. Gaseous chlorination
systems shall not be made use of as a disinfection method for pool
water.
j.
Pool decking shall be at grade level; however the coping around the
edge of the pool may extend no more than two (2) inches above grade.
[Ord. No. 603-2008 § 26-7.26]
a.
Bikeways shall be required when the Board finds provision of said
bikeway(s) would be needed and utilized based upon probable volume
of bicycle traffic, the development location in relation to other
populated areas, or its location with respect to any overall bike
route or trail adopted or established by the Board or other applicable
agency.
Bikeways shall generally not exceed a grade of three (3%) percent,
except for short distances, and they should be a minimum of five (5)
feet wide for one-way and eight (8) feet wide for two-way travel.
Bikeways shall be designed and constructed in accordance with the
specifications and standards of the Board Engineer and in accordance
with A Policy of Geometric Design for Highways and Streets, as published
by the American Association of State Highway Officials, latest edition.
b.
Any site plan for a development that provides for temporary stopping
space on-site for vehicles of customers or patrons seeking service
at a roadside business or business catering to drive-in service where
the customer does not leave their vehicle, such as a gasoline service
station, drive-in bank, restaurant providing take-out food service
or similar use, shall ensure that the stopping or maneuvering space
is at least ten (10) feet removed from the right-of-way of the adjoining
road or street(s). In addition, sufficient waiting or standing area
for vehicles approaching the drive-in window or service area shall
be provided on-site to prevent the stacking of vehicles onto the road
or shoulder area within the public right-of-way.
Maneuvering space or area on-site shall be sufficient so that
no vehicle must back into the street or shoulder area thereof. Any
lane used exclusively for a drive-in window(s) or service area(s)
shall be separate from and in addition to driveway area sufficient
to permit other on-site traffic to maneuver around the site without
being blocked by the customer service area standing traffic.
All development shall provide pedestrian circulation to the
proposed structure, including handicap-accessible paths in accordance
with The New Jersey Uniform Construction Code.
[Ord. No. 603-2008 § 26-7.27]
a.
Street signs shall be metal posts of the type, design and standards
utilized elsewhere in the Borough. The location of the street signs
shall be determined by the Board Engineer, but there shall be at least
two (2) street signs at each intersection. All street signs shall
be located free of visual obstruction.
b.
Traffic control signs shall be provided and designed in accordance
with the Manual on Uniform Traffic Control Devices (MUTCD) as amended
and as directed by the Board Engineer.
[Ord. No. 603-2008 § 26-7.28; Ord. No. 703-2014 § 3]
a.
New utility distribution lines and telephone lines shall be placed
underground. All public services shall be connected to an approved
public utilities system where one exists. The applicant shall submit
three (3) copies of a final plat or plan showing the installed location
of these utilities, as well as a written instrument from each serving
utility which shall indicate compliance with this section.
b.
Sanitary sewer facilities shall be provided and installed at the
line, grade and location approved by the Board Engineer. The diameter
of sanitary sewer pipes shall be a minimum of eight (8) inches or
more when so specified by the Board Engineer. Sanitary sewers shall
be constructed of polyvinyl chloride. No asbestos-cement or vitrified
clay pipe will be permitted. All lateral connections to the sewer
shall be made with an approved saddle casting of appropriate size
bolted to the sewer pipe. Sanitary sewer manholes shall be constructed
at the end of each sewer line, at intersections and at all changes
of sewer grade or alignment. Every separate unit shall have its own
sewer lateral.
c.
A complete water supply system shall be provided and installed at
the line, grade and location approved by the Board Engineer. Water
mains shall be of polyvinyl chloride or cast iron pipe of a diameter
approved by the New Jersey American Water Company for permanent installation
in the street concerned. Installation of water mains and connections
shall be in accordance with standard practice and current specifications
of the American Water Works Association. The necessary valves and
hydrants to form a complete system in the area under development shall
be provided and installed in accordance with the requirements of the
current specifications of the American Water Works Association. Every
separate unit shall have its own metered water service.
d.
Electric meters, gas meters, telephone boxes, generators and cable
boxes shall be constructed above the base flood elevation in accordance
with applicable building construction codes.
[Ord. No. 603-2008 § 26-8]
a.
Any development approved by the Board, which requires on-tract improvements
for public improvement including, but not limited to, streets, grading,
pavement, gutters, curbs, sidewalks, street lights, street signs,
shade trees, surveyors monuments, fire prevention features, water
mains, culverts, storm sewers, sanitary sewers, drainage structures,
erosion control and sedimentation devices, landscaping, public improvements
of open space, water supply, off-street parking and/or loading areas
shall be required to post a performance guarantee to insure the satisfactory
completion of said on-tract improvements.
b.
In addition, in the event that off-tract improvements are required
including, but not limited to, necessary street improvements, water
service, sanitary sewer and drainage facilities, easements and other
improvements located outside the property limits of the development
but necessitated or required by the construction or improvements within
such development, shall be required to post a performance bond to
insure the satisfactory completion of said off-tract improvements.
c.
The developer's engineer shall prepare and forward to the Board Engineer,
an estimate of the cost of the reasonable and necessary public improvements
for approval. The Board Engineer shall thereafter prepare a final
estimate of the proposed improvements which shall be binding unless
appealed. The owner or developer of said development shall file with
the Borough a performance guarantee in an amount equal to one hundred
twenty (120%) percent of the cost of said improvements as estimated
by the Board Engineer thus assuring the installation of such uncompleted
improvements on or before an agreed upon date.
d.
Such performance guarantee shall be in any of the following forms:
e.
The Board may require that an amount not exceeding ten (10%) percent
of the estimated cost of such improvements be deposited in cash with
the Borough to assure completion of the improvements thereof, with
the balance being covered by a performance guarantee.
f.
The performance guarantee shall be approved by the Borough Solicitor
as to form, sufficiency and execution after memorialization of a Borough
Resolution accepting same. Such performance guarantee shall run for
a period to be fixed by the Board.
g.
With the consent of the owner and surety, if there be one, the Borough
Council, may by resolution, adjust the amount of the guarantee to
reflect any increase based upon new engineering estimates of the current
cost as well as any decrease resulting from partial performance.
h.
If the required improvements have not been installed in accordance
with the performance guarantee, the obligor and surety shall be liable
therein to the Borough for the reasonable costs of the improvements
not installed and upon receipt of the proceeds thereof, the Borough
shall install the improvements.
i.
A performance guarantee shall be released in accordance with the
provisions of N.J.S.A. 40:55D-53 through N.J.S.A. 40:55D-53.6.
j.
Inspections. In no case shall any construction of off-tract improvements
occur without the written permission of the Engineer. At least two
(2) working days' notice shall be given to the Borough Engineer prior
to the commencement of construction of any off-tract improvements
required by a development.
No construction on any subdivision, major site plan or residential
development, which required Board approval, shall be commenced unless
the developer has:
1.
Paid all appropriate fees as required to the Borough of Avalon;
2.
Obtained any and all necessary Federal, State, County and local approvals
required for said development, including a fully executed Board decision
and resolution;
3.
Obtained written authorization from the Board Engineer that final
major subdivision plans, final major site plans or other required
development plans comply with all Borough ordinances, including this
chapter, and with any conditions of Board approvals;
4.
Has attended a preconstruction meeting with the Board Engineer to
insure compliance with all conditions of approvals and in compliance
with all Borough ordinances as a condition of the issuance of a zoning
permit;
5.
Has submitted certifications that any subdivision plat has been filed
with the County, if applicable.
6.
All construction within the Borough of Avalon shall be required to
obtain an as-built survey at the time of framing to insure the appropriate
location and height of said structure.
7.
All improvements shall be inspected during the time of their installation
under the supervision of the Board Engineer to insure satisfactory
completion. The Board Engineer shall be notified after each phase
of work that has been completed so that he or a qualified representative
may inspect the work. Phases include sub grade, curb and gutter forms,
curbs and gutters, asphalt paving, sidewalk forms, sidewalks, drainage
pipes and other drainage structures before backfilling, street name
signs, monuments, etc.
8.
A final inspection of all improvements and utilities should be started
within ten (10) days of notification by the developer to the Board
Engineer that he believes that the work has been completed satisfactorily
and in agreement with the approved final plans and at Borough specifications.
Upon a satisfactory final inspection report, action will be taken
to release or declare in default the performance guarantee covering
such improvements and utilities.
9.
After completing the construction of the public improvements covered
by the performance guarantee, the developer shall prepare a set of
approved public improvement and utility plans and profiles amended
to read "as constructed" and apply to the Board Engineer for final
inspection of the work. The Board Engineer shall report to the Borough
Council on the condition of the work and recommend that the performance
guarantee be released, extended, or declared in default.
[Ord. No. 603-2008 § 26-9]
a.
In the event that any building or structure is erected, constructed,
reconstructed, altered, moved or converted, or any building structure
or land is used in violation of or contrary to the provisions of this
chapter, the Borough may institute an action to enjoin or take any
other appropriate action or proceeding to prevent such erection, construction,
reconstruction, alteration, conversion or use. Nothing in this chapter,
however, shall be construed to restrict the right of any party to
obtain a review by a Court of competent jurisdiction according to
law.
b.
Any person, firm, partnership, corporation or other entity that shall
violate any provisions of this chapter shall, upon conviction thereof
by any Court authorized by law to hear and determine the matter, be
fined such sum not to exceed one thousand two hundred fifty ($1,250.00)
dollars as such Court in its jurisdiction may impose. If said party
convicted is a natural person, such person may be subject to a period
of community service not to exceed ninety (90) days and may be imprisoned
not to exceed ninety (90) days or both. Each day that the violation
exists shall constitute a separate offense.
c.
The owner of any such building or structure or tenant and occupant
therein and any architect, builder, developer, contractor, agent,
person, firm, corporation or other entity engaged in connection therewith
who assists in the commission of such violation shall be guilty of
a separate violation and upon conviction thereof shall be each liable
for the fine, imprisonment, or community service as set forth herein.
d.
The provisions of this chapter shall be enforced by those parties
designated by the Borough Council including, but not limited to, the
Zoning Official, Construction Official, Code Enforcement Official
and the Fire Code Official.
[Ord. No. 603-2008 § 26-10]
a.
All amendments to this chapter shall be in accordance with the provisions
of N.J.S.A. 40:55D-62 and N.J.S.A. 40:55D-64. Any proposed amendment
shall be submitted to the Board for report and recommendations prior
to any action by Borough Council.
b.
If any provision of this chapter is deemed unconstitutional or invalid,
all remaining portions of this chapter shall remain in full force
and effect.
c.
The provisions, regulations and standards set forth in this chapter
are considered minimum requirements for the protection of the public
health, safety and welfare of the citizens of the Borough of Avalon.
Any action taken by the Board or Administrative Officials of the Borough
of Avalon under the terms and conditions of this chapter shall be
in primary consideration to the policies, proposals and limitations
contained in the Master Plan and to the objectives, standards and
requirements of this chapter and to the welfare of the entire community.
