[2000 Code § 30-55.1]
All maps, plats and plans required to be submitted by this chapter shall conform to one of the following sizes: eight and one-half by thirteen (8 1/2 x 13) inches; fifteen by twenty-one (15 x 21) inches; twenty-four by thirty-six (24 x 36) inches; or thirty by forty-two (30 x 42) inches.
[2000 Code § 30-55.2]
All plans shall be based on accurate information at a scale of not less than one (1) inch equals fifty (50) feet, unless otherwise noted, and shall show the entire tract to be developed giving the accurate location of all existing and proposed property and street lines, and shall also show or indicate the following information, unless waived by the Board:
a. 
Key Map. A map at a scale of not less than one (1) inch equals two hundred (200) feet showing the entire development, zone districts, and its relation to all features shown on the Official Map and Master Plan located within five hundred (500) feet of the extreme limits of the development.
b. 
Structures, Wooded Areas and Topography. The location and dimensions of existing and proposed buildings and structures, including dimensions from all existing and proposed lot lines; existing vegetation; all isolated trees more than eight (8) inches in diameter (measured four (4) feet above ground); and the topography within the portion to be developed and within one hundred (100) feet thereof at two (2) foot contours.
c. 
Owners. The name of the owner of the subject property and all owners of property contiguous to and across existing or proposed streets from the subject property as disclosed by the most recent Municipal tax records.
d. 
Identity. The Tax Map sheet, block and lot numbers and Zone District.
e. 
Easements, Watercourses and Rights-of-Way. The location of existing or proposed streets, roads, easements, public rights-of-way, streams, bridges, culverts, drainage ditches, natural watercourses, flood control basins, floodways and floodplains, in and within two hundred (200) feet of the development.
f. 
Public Areas. Any existing or proposed parks, Municipal lands, school sites, historic sites or other public areas shown on the duly adopted Master Plan and/or Official Map.
g. 
Lots. The existing and proposed lot layout, lot dimensions, all required setback lines, and lot areas of each lot in square feet. Lots shall be designated by letters for minor subdivisions and by consecutive numbers for major subdivisions until given official lot number designations by the City.
h. 
Date of original plan and any revisions, current name, and the old name if submitted previously under a different title.
i. 
Architectural drawings, including floor plans, roof plans, building elevations and cross sections.
j. 
Any other information required by the Board.
[2000 Code § 30-55.3]
If the sketch plan is being submitted for minor subdivision approval, it shall contain the information required under § 30-55.5 and shall be a certified survey map drawn by a licensed New Jersey land surveyor. The plat shall provide for endorsement by the Chairman and Planning Board Secretary. If the plat is to be filed with the County Filing Officer, it shall meet the requirements of the Map Filing Act.
[2000 Code § 30-55.4]
The plan shall be clearly and legibly drawn or reproduced at a scale of not less than one (1) inch equals fifty (50) feet. Contour maps and preliminary construction plans, including road profiles and utility plans, shall be submitted as part of the preliminary plan. Separate maps may be required by the Board for topography, utilities and road details. A soil erosion and sedimentation control plan and a grading plan shall be included. The plan shall be designed in compliance with the applicable provisions of Sections 30-56 and 30-57 of this chapter and shall show or be accompanied by the following information:
a. 
Key Map. A map at a scale of not less than one (1) inch equals two hundred (200) feet showing the entire development, Zoning District, and its relation to all features shown on the Official Map and Master Plan located within five hundred (500) feet of the extreme limits of the development.
b. 
Lots. Lot layout, lot dimensions, all required setback lines, and individual lot areas in square feet and acreage. Lots shall be designated by consecutive numbers until given an official lot number designation by the City.
c. 
Other Contents. The plan name, Tax Map sheet and date, if revision, block and lot numbers, date of plan preparation, reference meridian, scale, graphic scale and the following names and addresses:
1. 
Record owner or owners of property to be developed. If other than an individual, the corporate officers or partners or other statutory agent.
2. 
List of property owners within two hundred (200) feet.
3. 
Applicant.
4. 
Person who prepared map, including seal and license number.
d. 
Acreage. Acreage of tract to be developed to nearest hundredth of an acre.
e. 
Elevations and Contours. Sufficient elevations and contours at two (2) foot vertical intervals to determine the general slope and natural drainage of the land and the high and low points for the entire tract and for a distance of one hundred (100) feet from the tract boundary.
f. 
Existing and Proposed Features. The location of all existing and proposed property lines, streets, buildings, structures, parking areas, driveways, watercourses, railroads, easements, bridges, culverts, drain pipes, sanitary sewers, water mains, gas mains, power lines and any natural features such as wooded areas, isolated trees over eight (8) inches in diameter (measured four (4) feet above ground). This data shall be determined by field and/or photogrammetric survey.
g. 
Streets. Preliminary plans and profiles at a scale of not less than one (1) inch equals fifty (50) feet horizontally and one (1) inch equals five (5) feet vertically including cross-sections every fifty (50) feet or as specified by the City Engineer of all proposed streets, curbs, gutters and sidewalks within the development and proposed connection with existing or future continuing streets. The radii distances of all street lines shall be shown.
h. 
Sewers, Drains, Ditches. Preliminary plans and profiles at a scale of one (1) inch equals fifty (50) feet horizontally and one (1) inch equals five (5) feet vertically of all proposed and existing sanitary sewers, storm drains, drainage ditches and streams within the development, together with the locations, sizes, elevations, grades and capacities of any existing sanitary sewer, storm drain, drainage ditch or stream or watercourse to which the proposed facility shall be connected.
i. 
Off-Site Improvements. When the development is contingent upon improvements outside the boundaries of the lot or tract to be developed, certification shall be supplied by the applicant, prior to Planning Board consideration for preliminary approval that the improvements outside the tract are installed and will be available to the applicant.
j. 
Setback Lines. All front, rear and side yard lines shall be shown for all lots.
k. 
Deed Restrictions. A copy of any existing and proposed covenants or deed restrictions applying to the land being developed shall be submitted with the preliminary plan.
l. 
Open Space. Any open space proposed to be dedicated for public use, playgrounds or other public purpose shall be shown on the plan.
m. 
Support Capability. When deemed necessary to determine the suitability of the soil to support new construction, the Planning Board shall require test holes or borings to be made by a New Jersey licensed engineer or an approved testing laboratory at the expense of the applicant under the direction of the City Engineer.
n. 
Parking. Indicate parking, loading and unloading areas with dimensions, traffic patterns, access aisles, parking stalls, curb radii and bumpers.
o. 
Solid Waste. Indicate location and design of existing and proposed methods of solid waste storage and disposal.
p. 
Landscaping and Buffering. Show what will remain and what will be planted. Indicate names of plants and trees, dimensions and spacing, approximate time of planting and maintenance plans. All biotic and nonbiotic landscape materials must be identified and illustrated, when necessary, with cross sections and elevations. Landscape plans submitted as part of an Application for Development under this section shall be prepared by a landscape architect certified by the New Jersey State Board of Architects and Certified Landscape Architects.
q. 
Lighting. Indicate types of standards and fixtures, locations, radii of light, and intensities in footcandles.
r. 
Signs. Indicate location, dimensions and details.
s. 
Architectural Plans. Include plans for proposed buildings prepared by an architect registered with the New Jersey State Board of Architects and Certified Landscape Architects. Drawings shall include floor plans, roof plans, building elevations and cross sections.
[2000 Code § 30-55.5]
The final plan and all final plans and profiles of improvements and other original exhibits shall show or be accompanied by the following, where applicable:
a. 
Identification. Date, name and key map of the development, name of owner, scale, graphic scale and reference meridian. The final plan shall be drawn at a scale of not less than one (1) inch equals fifty (50) feet.
b. 
Survey Data. Tract boundary lines, rights-of-way lines of streets, street names, easements, and other rights-of-way, land to be reserved or dedicated to public use, and all lot lines with accurate dimensions. Where appropriate, the bearings, distances, arc lengths, central angles, tangents, and radii of all curves and lot lines and areas of each lot in square feet shall be shown.
c. 
Public Use. The purpose of any easement or land reserved or dedicated for public use shall be indicated.
d. 
Block and Lots. All block, lot and house numbers shall be approved by the City Engineer and the Tax Assessor, and shall be related to existing block and lot numbers as shown on the Official Tax Map of the City.
e. 
Monuments. Location and description of all required monuments shall be shown.
f. 
Consent of Owner. Certification that the applicant is agent or owner of the land, or that the owner has given consent to file the plan.
g. 
Approval. When approval of a plan is required by any officer or body, whether Municipal, County or State, approval shall be certified on the plat.
h. 
Agreements. Agreements providing for ownership of common areas including the perpetual maintenance and continuance of ownership.
i. 
Changes from Preliminary Plan. An affidavit signed and sworn to by the applicant that the final plan is exactly the same as the preliminary plan approved by the Board. If there are changes, they shall be noted and the reasons indicated for the changes.
j. 
Certifications. The following certifications shall appear on the final plan, where appropriate:
1. 
"I hereby certify that this map and the survey have been made under my immediate supervision and comply with the provisions of the Map Filing Law. (Include the following if applicable). I do further certify that the monuments as designated and shown hereon have been set.
______________________________________
Licensed Land Surveyor (affix seal)
______________________________________
Date
If monuments are to be set at a later date, the following endorsement shall be shown on the map).
(a) 
"I certify that a bond has been given to the City of Asbury Park guaranteeing the future setting of the monuments shown on this map and so designated."
_________________________________
City Clerk
_________________________________
Date
2. 
"I have carefully examined this map and find it conforms with the provisions of the Map Filing Law and the municipal ordinance and requirements thereto."
_____________________________________
City Engineer (affix seal)
_____________________________________
Date
3. 
"This application No ______ is approved by the Asbury Park Planning Board as a major development."
_____________________________________
Chairman
______________________________________
Date
______________________________________
Secretary
______________________________________
Date
[2000 Code § 30-56]
In reviewing any development, the Planning Board shall consider the items contained in this section.
[2000 Code § 30-56.1]
(The orientation and design of buildings and parking areas.) The Board must strive to ensure that the applicant has provided an aesthetically pleasing design which is architecturally compatible with other buildings in the area. Particular attention shall be given to safety and fire protection; arrangement of buildings to maximize solar access and energy efficiency; and impact on and from surrounding development and contiguous and adjacent buildings and lands. No principal building shall be located nearer to any other principal building less than a distance equal to fifty (50%) percent of the height of the taller building. If the buildings overlap by ten (10) feet or less, the distance between them shall be not less than twenty-five (25%) percent of the height of the tallest building. The minimum distance between buildings shall not be less than twenty (20) feet.
[2000 Code § 30-56.2]
The movement of pedestrian and vehicular traffic within and adjacent to the site. Particular emphasis shall be given to ingress and egress points; provision and layout of parking areas; off-street loading and unloading; movement of people, goods and vehicles within the site, between buildings and between buildings and vehicles.
The Planning Board shall ensure that all parking spaces are usable and are safely and conveniently arranged. Access to the site from adjacent roads shall be designed so as to interfere as little as possible with traffic flow on these roads and to permit vehicles a rapid and safe ingress and egress to the site.
[2000 Code § 30-56.3]
a. 
Landscaping shall be provided as part of the overall development design and integrated into building arrangements, topography, parking, and buffering requirements. Landscaping should include trees, shrubs, ground cover, perennials, annuals, sculpture, art (where appropriate), and the use of building and paving materials in an imaginative and aesthetic manner. Landscaping shall be maintained and the owner shall be responsible for replacement of dead plants and damaged landscaping materials. All developments subject to major development approval including new public improvements shall include a landscaping plan prepared by an appropriate professional as part of the submission. Landscape improvements shall be installed pursuant to an approved landscape plan and shall be performed by a professional landscape contractor. Landscape buffers, consisting of screen plantings, berms, fences, walls, or combinations thereof, shall be incorporated into the landscape plan where appropriate or required. Particular emphasis should be given to areas of the site which border potentially conflicting adjacent land uses (see illustration). Buffering shall be located to minimize headlights, noise, lights from structures, and the movement of people and vehicles.
b. 
Where an application for either a major or minor development is made before the Planning Board or Zoning Board of Adjustment, such development plans must provide for one (1) street tree for every fifty (50) feet of street frontage that the lot(s) contain. In the event that the applicant can show that there are adequate, viable street trees existing at the site of the proposed development or that it is not practical to plant trees at the required location, a contribution equivalent to the cost of providing the required street trees shall be made to the City and designated for use by the Asbury Park Shade Tree Commission. When an applicant represents to the Board that adequate street trees exist adjacent to a proposed development site, the Planning Board shall condition its approval upon a determination by the Shade Tree Commission that the existing trees are viable or that the required planting locations are impractical. The approval shall be further conditioned upon payment by the applicant of a contribution to the City in an amount determined by the Shade Tree Commission to equal the cost of installation of the required street trees. With respect to the planting of new street trees in connection with an approved major or minor development, the Shade Tree Commission shall set minimum standards regarding acceptable species, plant size and planting procedures.
030 Parking Lot.tif
[2000 Code § 30-56.4; amended 6-9-2021 by Ord. No. 2021-20]
a. 
General. Sufficient exterior illumination shall be provided to ensure the safety of persons and security of property between the hours of sunset and sunrise. Lighting shall be designed so as to avoid the creation of hazards to pedestrians, vehicles or nuisances to adjoining property owners or residents. There shall be a preference for lighting that is certified Dark Sky Friendly by the International Dark-Sky Association. The following shall apply to all exterior lighting luminaires.
1. 
Illumination levels, lamp color, and fixture type shall be coordinated in a consistent approach and shall complement architecture and landscape design.
2. 
Lighting shall be designed to provide the greatest degree of legibility of site and building conditions, as perceived by persons entering, occupying and exiting the site by all modes of mobility, through using the lowest possible illumination levels such that sky glow, glare and light trespass are minimized.
3. 
All cabling supplying electricity for exterior lighting shall be installed underground.
4. 
Lighting fixtures shall be non-glare, full cut-off and fully shielded.
5. 
Except for any lighting for security purposes as required by N.J.A.C. 17:16K-10, all lighting for non-residential uses shall be controlled by photoelectric sensors and circuit timers so that lights may be automatically turned off during non-business hours.
6. 
The color temperature of exterior light fixtures shall not exceed 2,700K.
7. 
Illumination levels shall not exceed 0.1 foot-candles at the property line.
b. 
Specific Requirements for Parking Lots.
1. 
Exterior lighting fixtures shall not exceed a maximum height of 14 feet.
2. 
Lighting fixtures may be attached to a building, provided that such lighting is focused downward and is full cut-off and fully shielded.
3. 
Illumination Levels. The minimum level of illumination shall be 0.5 foot-candles, the average level of illumination shall not exceed 1.0 foot-candle and maximum illumination shall not exceed the minimum illumination by more than a ratio of 10 to 1. The uniformity of lighting shall not exceed a ratio of maximum to average illumination of 4:1.
4. 
Parking lot lighting shall also comply with the provisions under paragraph a of this subsection.
[2000 Code § 30-56.5]
Storm drainage, including water retention and detention, sanitary waste disposal, water supply and solid waste collection and disposal shall be reviewed and considered. Particular emphasis shall be given to the adequacy of existing systems and the need for improvements, both on-site and off-site, to adequately carry runoff and sewage, and to maintain an adequate supply of water at sufficient pressure.
(Reserved)
[2000 Code § 30-56.7]
Environmental elements relating to soil erosion, preservation of trees, protection of watercourses and resources, noise, topography, soil and animal life shall be reviewed and the design of the plan shall minimize any adverse impact on these elements.
[2000 Code § 30-56.8]
If the Master Plan or the Official Map provides for the reservation of designated streets, public drainageways, flood control basins, or public area such as parks, school sites, historic sites or similar lands within the proposed development, such areas shall be shown on the plan in locations and sizes suitable to their intended uses. The Planning Board may reserve the locations and extent of such public areas in accordance with the requirements of N.J.S.A. 40:55D-44.
[2000 Code § 30-57.1]
It is the purpose of this section to establish reasonable standards for development in order to mitigate the demand for City services and facilities and thereby avoid adverse impacts upon the health, safety and welfare of the general public. These standards are also intended to promote consistency in development, avoid congestion, and improve and preserve the aesthetic quality of the City.
[2000 Code § 30-57.2]
a. 
General. Proposed streets and extensions of existing streets shall conform to Master Plan and Official Map recommendations. Those streets not shown on the Master Plan or Official Map shall be designed and located to facilitate orderly circulation patterns, assure access by emergency vehicles, and provide for future connections to adjoining property.
b. 
Specific Requirements for Streets.
1. 
Minor streets shall be so designed as to discourage through traffic.
2. 
Developments abutting primary or secondary arterial streets shall, at the discretion of the Planning Board, provide reverse frontage with a buffer strip, or driveways with turnarounds. (See illustration)
030 Minor Street.tif
3. 
The right-of-way and pavement widths shall not be less than the following:
R.O.W.
Cartway
Primary arterial
66'
44'
Collector
60'
36'
Local street
40' - 50'
24' - 32'
Marginal access street
40'
24'
The right-of-way width for internal roads and alleys in multifamily, commercial and industrial development shall be determined on an individual basis, and shall in all cases be of sufficient width and design to safely accommodate the maximum traffic, parking and loading needs and maximum access for public safety equipment.
4. 
No development showing reserve strips controlling access to streets shall be approved except where such strips have been deeded to the City.
5. 
Grades on minor streets shall not exceed ten (10%) percent. No street shall have a minimum grade of less than one-half of one (.5%) percent.
6. 
Street intersections shall be as nearly at right angles as is possible and in no case shall be less than sixty (60°) degrees.
7. 
Dead-end streets shall not be longer than six hundred (600) feet and shall provide a turnaround at the end with a radius of not less than forty (40) feet.
8. 
Developments that include existing streets which do not conform to pavement and/or rights-of-way widths as shown on the Master Plan, Official Map, or as required by this article, shall provide for the dedication and improvement to City specifications of the additional width. If the development adjoins one (1) side of an existing street which does not meet City standards, only one-half (1/2) of the required extra width shall be dedicated and improved to City specifications.
9. 
Service features, garages, parking areas and entrances to dwelling units shall, where possible, be located on a side of the individual lot having access to a local street. Walkways should be designed to connect dwelling units with each other and connect each dwelling unit with common open space.
10. 
Streets and their appurtenances shall be constructed according to the following specifications:
All streets shall be improved with a two and one-half (2 1/2) inch two-course type S.M. bituminous concrete pavement in accordance with current New Jersey State Highway Department specifications on a five and one-half (5 1/2) inch thick, two and one-half (2 1/2) inch size broken stone base. Where subbase conditions of the proposed street are wet, springy or of such a nature in the opinion of the City Engineer that paving would be inadvisable without first treating the subbase, the subbase shall be prepared by the installation of suitable subsurface drainage or other means as may be required to meet the special condition. The method employed to stabilize the base must be approved by the City Engineer.
c. 
Specific Requirements for Curbs and Sidewalks.
1. 
Curbs. Curbs shall be constructed on both sides of all streets, and shall be not less than eighteen (18) inches deep and six (6) inches in width at the top and eight (8) inches in width at the bottom and shall be constructed of a minimum concrete mixture of one (1) part cement, two (2) parts washed sand and three (3) parts washed gravel, or other suitable aggregate. The concrete shall have a compressive strength of three thousand (3,000) pounds per square inch after twenty-eight (28) days. The minimum length of blocks shall be ten (10) feet, with a performed bituminous expansion joint filler one-half (1/2) inch thick installed every forty-nine (49) feet. The finish shall be a float finish with corners rounded.
2. 
Sidewalks. All streets shall be provided with concrete sidewalks at least four (4) feet in width, and four (4) inches in thickness, except at driveways where the sidewalk shall be at least six (6) inches in thickness. The concrete shall have a compressive strength of four thousand (4,000) pounds per square inch after twenty-eight (28) days. Sidewalks shall be provided on both sides of a street.
[2000 Code § 30-57.3]
Because a substantial amount of erosion and sedimentation is likely to occur during construction of development which may impact adjacent properties, the Development Plan must show measures used to control erosion and reduce sedimentation. Such measures must be approved by the Monmouth County Soil Conservation District and installed prior to excavation of the site.
[2000 Code § 30-57.4]
a. 
Underground Utilities. In all developments all utility distribution services shall be installed underground. The applicant shall arrange with the serving utility for the underground installation of the utility's distribution supply lines, in accordance with the provisions of the applicable standard terms and conditions incorporated as part of its tariff, as the same are then on file with the State of New Jersey Board of Public Utilities Commissioners, and shall submit to the Board, prior to the granting of final approval, a written instrument from each serving utility which shall evidence full compliance with the provisions of this subsection; except, however, that the Board in its discretion may permit lots which abut existing streets where overhead electric or distribution supply lines have heretofore been installed on any portion of the street involved, to be supplied with electric and telephone service from those overhead lines, but the service connections from the utility's overhead lines shall be installed underground. All underground utility work which will be under the pavement of the street shall be laid sufficiently in advance to allow for complete settlement of the trenches and in no event shall construction work be permitted over such excavation which, in the opinion of the City Engineer, has not properly settled.
In any particular situation where the applicant can clearly demonstrate that because of unusual topographic conditions or other unusual conditions having to do with the land, the installation of such utilities underground is impracticable or otherwise not feasible due to such condition, then the Planning Board, in its discretion, may waive this requirement for underground installation.
Stormwater drainage and wastewater utilities shall be installed as follows:
1. 
Stormwater drainage. All streets shall be provided with catch basins and pipes which, in the opinion of the City Engineer, are necessary for proper surface drainage. The requirements of this section shall not be satisfied by the construction of dry wells.
(a) 
Catch basins shall be designed in accordance with New Jersey Highway Department standard plans and specifications. Frames and grates shall be Campbell Foundry Co. Pattern No. 2541 or No. 2548, steam flow grating with eight-inch curb face, or equal.
(b) 
Storm drain pipes shall be reinforced concrete culvert pipe, extra strength, conforming to A.S.T.M. specifications C-76-55 when installed in streets, and may be reinforced concrete sewer pipe, standard strength conforming to A.S.T.M. specifications C75-55 when installed off streets. Joints shall be Bell and Spigot properly caulked with jute or oakum and filled with cement mortar or shall be provided with a suitable rubber gasket of a type approved by the City Engineer and installed in accordance with the manufacturer's recommendations.
(c) 
Manholes shall be designed in accordance with New Jersey State Highway Department standard plans and specifications.
2. 
Wastewater Discharge. Sanitary sewers designed in accordance with applicable State and local regulations shall be installed in a manner adequate to handle all present and future developments subject to the approval of the Construction Official or the City Engineer. Connection to a City sewer line shall be made only after issuance of a Street Opening and Connection Permit from the Department of Public Maintenance.
b. 
Refuse Storage. Refuse storage areas shall be so designed as to minimize any detrimental effect on the character of any development.
c. 
Laundry Facilities. In multifamily developments, adequate laundry equipment, including washers and dryers, shall be provided and conveniently located for the sole use of occupants. Drying yards shall be prohibited.
d. 
Television Reception. Facilities for television reception shall be built into all multifamily developments. Individual roof antennae of any kind shall not be permitted.
e. 
Swimming Pools. A single swimming pool may be provided as an accessory use for the sole use of occupants on the same site as a multifamily development. The pool shall comply in all respects with Article VI of this chapter, except that pool and any other recreation facilities shall set back not less than ten (10) feet from any property line and further provided that such facilities shall not be permitted in any required front yard.
f. 
Design and Facilities. In multifamily developments, accessory buildings and facilities shall be designed to harmonize with the overall character of the development and shall meet the setback requirements set forth herein.
g. 
Storage. Adequate provision for the storage of such items as yard and garden equipment, fireplace wood, etc., shall be provided in all multifamily development.
[2000 Code § 30-57.5; amended 6-9-2021 by Ord. No. 2021-20]
Inasmuch as open space contributes to the provision of light and air to occupants of a development, reduces density and improves the aesthetics of a development, site plans shall hereafter include designated areas of open space. Open space may be areas of the site left in an undisturbed natural condition, provided such is in keeping with the overall aesthetic integrity of the site plan. Open space may also be provided as landscaped sitting places, plazas and/or lawn areas. The amount of open space to be provided shall be in accordance with the open space ratios required in Article VI, Zoning.
[Added 11-8-2023 by Ord. No. 2023-34]
a. 
Purpose. The purpose of this section is to promote and encourage the use of electric vehicles by requiring the safe and efficient installation of EVSE and Make-Ready parking spaces through municipal parking regulations and other standards. EVSE and Make-Ready parking spaces will support the State's transition to an electric transportation sector, reducing automobile air pollution, greenhouse gas emissions, and storm water runoff contaminants. The goals are to:
1. 
Provide adequate and convenient EVSE and Make-Ready parking spaces to serve the needs of the traveling public.
2. 
Provide opportunities for residents to have safe and efficient personal EVSE located at or near their place of residence.
3. 
Provide the opportunity for non-residential uses to supply EVSE to their customers and employees.
4. 
Create standard criteria to encourage and promote safe, efficient, and cost-effective electric vehicle charging opportunities in all zones and settings for convenience of service to those that use electric vehicles.
b. 
Approvals and Permits.
1. 
An application for development submitted solely for the installation of EVSE or Make-Ready parking spaces shall be considered a permitted accessory use and permitted accessory structure in all zoning or use districts within the City and shall not require a variance pursuant to N.J.S.A. 40:55D-70.
2. 
EVSE and Make-Ready Parking Spaces installed pursuant to paragraph d below in development applications that are subject to site plan approval are considered a permitted accessory use as described in paragraph 1 above.
3. 
All EVSE and Make-Ready parking spaces shall be subject to applicable local and/or Department of Community Affairs permit and inspection requirements.
4. 
The Zoning Officer and/or Transportation Manager shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of the City of Asbury Park's land use regulations.
5. 
An application for development for the installation of EVSE or Make-Ready spaces at an existing gasoline service station, an existing retail establishment, or any other existing building shall not be subject to site plan or other land use board review, shall not require variance relief pursuant to N.J.S.A. 40:55D-1, et seq., or any other law, rule, or regulation, and shall be approved through the issuance of a zoning permit by the zoning officer, provided the application meets the following requirements:
(a) 
The proposed installation does not violate bulk requirements applicable to the property or the conditions of the original final approval of the site plan or subsequent approvals for the existing gasoline service station, retail establishment, or other existing building;
(b) 
All other conditions of prior approvals for the gasoline service station, the existing retail establishment, or any other existing building continue to be met; and
(c) 
The proposed installation complies with the construction codes adopted in or promulgated pursuant to the "State Uniform Construction Code Act," P.L.1975, c.217 (N.J.S.A. 52:27D-119, et seq.), any safety standards concerning the installation, and any State rule or regulation concerning electric vehicle charging stations.
6. 
All installations of EVSE or Make-Ready spaces shall require a zoning permit pursuant to this chapter. Completeness shall be determined in accordance with the requirements of the New Jersey Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq.
7. 
EVSE and Make-Ready parking spaces installed at a gasoline service station, an existing retail establishment, or any other existing building shall be subject to applicable local and/or Department of Community Affairs inspection requirements.
8. 
A permitting application solely for the installation of electric vehicle supply equipment permitted as an accessory use shall not be subject to review based on parking requirements.
c. 
Requirements for New Installation of EVSE and Make-Ready Parking Spaces.
1. 
As a condition of preliminary site plan approval, for each application involving a multiple dwelling with five or more units of dwelling space, which shall include a multiple dwelling that is held under a condominium or cooperative form of ownership, a mutual housing corporation, or a mixed-use development, the developer or owner, as applicable, shall:
(a) 
Prepare as Make-Ready parking spaces at least 15% of the required off-street parking spaces, and install EVSE in at least one-third of the 15% of Make-Ready parking spaces;
(b) 
Within three years following the date of the issuance of the certificate of occupancy, install EVSE in an additional one-third of the original 15% of Make-Ready parking spaces; and
(c) 
Within six years following the date of the issuance of the certificate of occupancy, install EVSE in the final one-third of the original 15% of Make-Ready parking spaces.
(d) 
Throughout the installation of EVSE in the Make-Ready parking spaces, at least 5% of the electric vehicle supply equipment shall be accessible for people with disabilities.
(e) 
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.
2. 
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in paragraph 1 above shall:
(a) 
Install at least one Make-Ready parking space if there will be 50 or fewer off-street parking spaces.
(b) 
Install at least two Make-Ready parking spaces if there will be 51 to 75 off-street parking spaces.
(c) 
Install at least three Make-Ready parking spaces if there will be 76 to 100 off-street parking spaces.
(d) 
Install at least four Make-Ready parking spaces, at least one of which shall be accessible for people with disabilities, if there will be 101 to 150 off-street parking spaces.
(e) 
Install at least four percent of the total parking spaces as Make-Ready parking spaces, at least 5% of which shall be accessible for people with disabilities, if there will be more than 150 off-street parking spaces.
(f) 
In lieu of installing Make-Ready parking spaces, a parking lot or garage may install EVSE to satisfy the requirements of this subsection.
(g) 
Nothing in this subsection shall be construed to restrict the ability to install electric vehicle supply equipment or Make-Ready parking spaces at a faster or more expansive rate than as required above.
(h) 
Notwithstanding the provisions of paragraph c2(e) above, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or Make-Ready parking spaces.
d. 
Minimum Parking Requirements.
1. 
All parking spaces with EVSE and Make-Ready equipment shall be included in the calculation of minimum required parking spaces, pursuant to Section 30-59 (Parking and Loading Standards), as well as the individual parking requirements per zone or applicable redevelopment plan.
2. 
A parking space prepared with EVSE or Make-Ready equipment shall count as at least two parking spaces for the purpose of complying with a minimum parking space requirement. This shall result in a reduction of no more than 10% of the total required parking.
3. 
All parking space calculations for EVSE and Make-Ready equipment shall be rounded up to the next full parking space.
4. 
Additional installation of EVSE and Make-Ready parking spaces above what is required in paragraph c2(d) above may be encouraged, but shall not be required in development projects.
e. 
Standards for All New EVSE and Make-Ready Parking Spaces.
1. 
Location and layout of EVSE and Make-Ready parking spaces is expected to vary based on the design and use of the primary parking area. It is expected flexibility will be required to provide the most convenient and functional service to users. Standards and criteria should be considered guidelines and flexibility should be allowed when alternatives can better achieve objectives for provision of this service.
2. 
Installation.
(a) 
Installation of EVSE and Make-Ready parking spaces shall meet the electrical subcode of the Uniform Construction Code, N.J.A.C. 5:23-3.16.
(b) 
Each EVSE or Make-Ready parking space that is not accessible for people with disabilities shall be not less than 9 feet wide or 18 feet in length. Exceptions may be made for existing parking spaces or parking spaces that were part of an application that received prior site plan approval.
(c) 
To the extent practical, the location of accessible parking spaces for people with disabilities with EVSE and Make Ready equipment shall comply with the general accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(d) 
Each EVSE or Make-Ready parking space that is accessible for people with disabilities shall comply with the sizing of accessible parking space requirements in the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
3. 
EVSE Parking.
(a) 
Publicly-accessible EVSE shall be reserved for parking and charging electric vehicles only. Electric vehicles shall be connected to the EVSE.
(b) 
Electric vehicles may be parked in any parking space designated for parking, subject to the restrictions that would apply to any other vehicle that would park in that space.
(c) 
Publicly-accessible ESVE shall be included in subsection 7-43.3 (Electric Vehicle Charging Areas) or the Municipal Code.
(d) 
Public Parking. Pursuant to N.J.S.A. 40:48-2, publicly-accessible EVSE parking spaces shall be monitored by the municipality's police department and enforced in the same manner as any other parking regulations. It shall be a violation of this section to park or stand a non-electric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any non-electric vehicle parked or standing in an EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of this Municipal Code or Subsection 7-43.2 (Guidelines Related to Parking for Electric Vehicles Only). Signage indicating the penalties for violations shall comply with paragraph 5 below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(e) 
Private Parking. The use of EVSE shall be monitored by the property owner or designee.
4. 
Safety.
(a) 
Each publicly-accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted pavement and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to paragraph 5 below.
(b) 
Where EVSE is installed, adequate site lighting and landscaping shall be provided in accordance with the City of Asbury Park's ordinances and regulations.
(c) 
Adequate EVSE protection such as concrete-filled steel bollards shall be used for publicly-accessible EVSE. Non-mountable curbing may be used in lieu of bollards if the EVSE is setback a minimum of 24 inches from the face of the curb. Any stand-alone EVSE bollards should be 3 to 4 feet high with concrete footings placed to protect the EVSE from accidental impact and to prevent damage from equipment used for snow removal.
(d) 
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, and shall contain a cord management system as described in paragraph (e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e) 
Each EVSE shall incorporate a cord management system or method to minimize the potential for cable entanglement, user injury, or connector damage. Cords shall be retractable or have a place to hang the connector and cord a safe and sufficient distance above the ground or pavement surface. Any cords connecting the charger to a vehicle shall be configured so that they do not cross a driveway, sidewalk, or passenger unloading area.
(f) 
Where EVSE is provided within a pedestrian circulation area, such as a sidewalk or other accessible route to a building entrance, the EVSE shall be located so as not to interfere with accessibility requirements of the Uniform Construction Code, N.J.A.C. 5:23, and other applicable accessibility standards.
(g) 
Publicly-accessible EVSEs shall be maintained in all respects, including the functioning of the equipment. A 24-hour on-call contact shall be provided on the equipment for reporting problems with the equipment or access to it. To allow for maintenance and notification, the City of Asbury Park shall require the owners/designee of publicly-accessible EVSE to provide information on the EVSE's geographic location, date of installation, equipment type and model, and owner contact information.
5. 
Signs.
(a) 
Publicly-accessible EVSE shall have posted regulatory signs, as identified in this subsection, allowing only charging electric vehicles to park in such spaces. For purposes of this subsection, "charging" means that an electric vehicle is parked at an EVSE and is connected to the EVSE. If time limits or vehicle removal provisions are to be enforced, regulatory signs including parking restrictions shall be installed immediately adjacent to, and visible from the EVSE. For private EVSE, installation of signs and sign text is at the discretion of the owner.
(b) 
All regulatory signs shall comply with visibility, legibility, size, shape, color, and reflectivity requirements contained within the Federal Manual on Uniform Traffic Control Devices as published by the Federal Highway Administration.
(c) 
Wayfinding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with paragraph (b) above.
(d) 
In addition to the signage described above, the following information shall be available on the EVSE or posted at or adjacent to all publicly-accessible EVSE parking spaces:
(1) 
Hours of operations and/or time limits if time limits or tow-away provisions are to be enforced by the municipality or owner/designee;
(2) 
Whether or not usage fees and/or parking fees are applicable and where they can be purchased; and
(3) 
Contact information (telephone number) for reporting when the equipment is not operating or other problems.
6. 
Usage Fees.
(a) 
In addition to any parking fees, the fee to use both publicly-accessible and private EVSE spaces within the municipality shall be no more than $0.50 for each kilowatt hour that the electric vehicle is connected to the EVSE.
(b) 
This fee may be amended by an ordinance adopted by the governing body.
[2000 Code § 30-57.7; Ord. No. 2021-20]
[2000 Code § 30-57.8; Ord. No. 2021-20]
[2000 Code § 30-57.9]
All new construction within a historic district now or hereafter designated in the Historic Preservation Element of the Asbury Park Master Plan shall include architectural elements which cause such construction to be in character with the historic district in which it is located. The architectural elements to be included will be based upon structures of similar use already existing within the block fronts on either side of the street within which the site of the proposed construction is located. If a particular architectural element such as a cornice, columns, front porch, dormer window, second story, etc., is present in fifty (50%) percent or more of the existing buildings within both block fronts of the block where the site of the proposed residential building is located, that architectural element must also be included in the design of the proposed construction.
[2000 Code § 30-57.10]
No residential building constructed after the effective date of this section shall contain separate dwelling units in any portion of the building where the finished floor elevation is below the elevation at the center line of the street upon which the property has frontage.
[2000 Code § 30-57.11]
In order to assure that future development is designed to accommodate the recycling of solid waste, all site plan drawings submitted for development approval shall include the following:
a. 
Each application for residential development must include provisions for the collection, disposition, and recycling of recyclable materials. The plans shall indicate the location of space equal to at least twelve (12) square feet of floor area per dwelling unit conveniently arranged and located as a holding area for a four (4) week accumulation of materials. Such an area may be within a hidden laundry room, basement, garage or outdoor accessory building, but shall not be otherwise located outdoors in the open.
b. 
Each application for a nonresidential use which utilizes one thousand (1,000) square feet or more of floor area must include provisions for the internal collection, disposition and recycling of recyclable materials. Each application shall quantify the amount of recyclable material it will generate as part of its weekly operation, including newspapers, white high grade paper, glass, aluminum, tin and bimetal cans and cardboard. The application shall provide a storage area sized to contain one (1) week of recyclable material. The storage area shall also be designed for truck access for pickup of materials and be suitably screened from view.
[2000 Code § 30-57.12; amended 6-9-2021 by Ord. No. 2021-20]
a. 
It shall be unlawful to damage or destroy any street tree in the City. Removal of street trees may be permitted with the approval of the City. No Certificate of Zoning Compliance for any new building shall be issued unless one (1) or more street trees have been planted in accordance with the provisions of this section and § 30-56.3 of the Land Development Regulations.
b. 
An applicant may make a written request that required street tree(s) will be planted within the earlier of six (6) months or sixty (60) days prior to the beginning of the next non-planting season. The non-planting season for the purpose of this section shall be June 15th to September 15th or any time of the year when the ground is frozen more than three inches below the surface of the soil.
c. 
Specifications for Street Tree Plantings.
1. 
Design. Prior to the issuance of a Zoning Permit for the construction of a new building or the approval of a site plan or subdivision application, a plan shall be submitted showing the location of existing and proposed street trees. Trees shall either be massed at critical points or spaced at regular intervals along the street, or both. When trees are planted at regular intervals along streets, spacing shall be between 30 and 40 feet on-center, depending on the species of tree(s) to be planted. Where there is an established pattern of street trees, the spacing, anticipated mature size and form of new trees shall be designed to match, to the greatest extent possible, that of the existing street trees.
2. 
Street Tree Locations. The following requirements are intended to avoid conflicts with public street infrastructure and adjacent site conditions when street trees are installed:
(a) 
Trees shall not be planted directly in front of building entrances in order to permit access by emergency services. A tree may be placed in front of an entrance if the sidewalk is at least 15' wide at that point or the distance from the entrance to the tree is at least 12'.
(b) 
Trees should not reduce the minimum width of sidewalks free of impediments below five feet 5'.
(c) 
The minimum horizontal distance from traffic signs to a tree trunk shall be five feet.
(d) 
The minimum distance from a fire hydrant to a tree trunk shall be five feet.
(e) 
The minimum distance from a curb cut or driveway to the edge of a tree pit shall be one foot.
(f) 
The minimum distance from the corner of a street intersection to the tree trunk shall reflect the required site distance as determined by the City.
(g) 
All street tree planting beds shall be contiguous to the street curb. However, variations may be permitted subject discretion of the approving authority.
(h) 
Street trees may be planted on either side of sidewalks in lawn areas where there is sufficient room between the property line and the street curb.
3. 
Tree Species. Tree species may vary depending on the overall effect desired, or all trees shall be of similar type (e.g. open vs. dense foliage) form, and height as the predominant species found in the immediate area, except where it is appropriate to vary the visual or spatial character of trees. Exclusive use of one species should be avoided to prevent the spread of pest or disease infestation. Preference shall be given to native, native-adapted and non-invasive species. Selection of tree species shall be approved by the Planning Board as part of the review of a site plan or subdivision application, or by the Zoning Officer for new construction not requiring development approval from the approving authority.
4. 
Planting Requirements. All trees shall conform to the most recent edition of the American Standard for Nursery Stock (ANSI Z60.1) as promulgated by the American Association of Nurserymen. The minimum size for street trees shall be a caliper dimension of two and a half to three (3) inches. Trees shall be nursery grown, of substantially uniform size and shape, and have straight trunks. Trees shall be properly planted and shall be staked, if necessary or required by the Zoning Officer. Provision shall be made by the applicant for regular watering and maintenance until they are established. Dead or dying trees shall be replaced by the applicant during the next planting season.
5. 
Planting area and planting medium. A prepared planting area shall be provided for each street tree. The planting area shall consist of a prepared soil planting medium and shall conform with the following requirements:
(a) 
Street tree planting area, volume and surface cover:
(1) 
Sidewalks greater than 10 feet in width: five feet wide by 10 feet long and two feet deep, with an exposed planting area of five feet by five feet. The remainder of the tree planting area surface area shall be covered with pervious pavers, permeable pavement, vegetative groundcover or mulch.
(2) 
Sidewalks less than 10 feet in width: four feet wide by 12 feet long and two feet deep, with an exposed planting area of four feet by six feet. The remainder of the tree planting area surface area shall be covered with pervious pavers, permeable pavement, vegetative groundcover or mulch.
(3) 
In residential zone districts or where there are especially wide sidewalks, the entire planting area may have the entire surface area open with mulch, lawn or other vegetative groundcover.
(4) 
In all other areas, a surface treatment, such as permeable pavement, porous pavement, or permeable pavers may be used on top of a portion of the exposed planting area of the tree pit, so long as said treatment is able to adjust with the growth of the tree.
(5) 
Planting Medium. Planting medium shall consist of loam topsoil. Topsoil shall be free from subsoil. Subsoil shall be removed to a depth of one foot or more if subsoil is encountered. Topsoil shall be of uniform quality, free from hard clods, stiff clay, hardpan, sods, particularly disintegrated stone, lime, cement, ashes, slag, concrete, tar residues, tarred paper, boards, chips, sticks or any other undesirable material. Topsoil shall meet the following requirements:
(a) 
Organic Matter. Backfill shall contain between 5%-12% organic matter.
(b) 
pH. The pH shall be in the range of 6.0 to 7.0 inclusive, unless otherwise approved.
(c) 
Soil Textural Analysis. Topsoil shall consist of the following percentages of sand, silt and clay:
Rocks, Stone and Gravel (>2.0 mm) <5%
Sand (0.05-2 mm) 40%-60%
Silt (0.002-0.05 mm) 20%-50%
Clay (<0.002 mm) 20% Max.
d. 
Planting Requirements for Paved Areas.
1. 
Applicability. These requirements shall apply to areas within sites where at least fifty (50%) percent of the ground surface is proposed to be covered with impervious surfaces paved and/or where pedestrian traffic is too intense to allow grass to grow.
2. 
Root zone requirements. A prepared root zone shall be provided for shade, ornamental and evergreen trees at a minimum diameter equal to five times the diameter of the root ball.
3. 
Soil mixture. The soil mixture for trees and shrubs planted in paved areas such as court yards and parking areas shall utilize a structural soil that supports pavements while allowing air and water to move thorough the planting medium, such as CU soil or a soil cell system, such as Silva Cells.
4. 
Drainage requirements. Where structural soil or soil cells are used, a drainage system consisting of horizontally laid three (3) inch minimum diameter perforated pvc pipe shall be installed at least thirty-six (36) inches below the ground surface on each side of the prepared root zone. The pipe shall be laid at a minimum slope of 0.5% and maximum slope of 2.0%, with perforations facing upward on a three (3) inch layer of crushed stone and shall be covered by a fiber mat to allow water percolation without siltation. Where the horizontal pipes intersect there shall be a vertical perforated pvc pipe of the same diameter extending to the ground surface in order to provide aeration and a mechanism for deep watering.
5. 
Surface material. The surface area over the prepared root zone in non-structural areas such as yards and buffers, shall be covered with organic mulch. In areas with pedestrian traffic such as courtyards, the surface over the prepared root zone shall be covered with either a monolithic pervious pavement, open jointed pavers or metal air vent grates to prevent soil compaction and to permit penetration of air and water.
e. 
Site Protection and General On-Site Planting Requirements.
1. 
Topsoil preservation. Topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide at least four (4) inches of even cover to all disturbed areas of the development and shall be stabilized by seeding or planting.
2. 
Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials or other debris shall be removed from the site and disposed of in accordance with the law. No tree stumps, portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips, they may, subject to approval of the Zoning Officer, be used as mulch in landscaped areas.
3. 
Protection of existing plantings. Maximum effort should be made to save specimens which are significant due to size or relative rarity. No material or temporary soil deposits shall be placed within four (4) feet of shrubs or ten (10) feet of trees designated to be retained on the preliminary and/or final plat. Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site. Barriers shall not be supported by the plants they are protecting, but shall be self-supporting. They shall be a minimum of four (4) feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.
4. 
Planting specifications. Deciduous trees shall have at least two and one-half (2 1/2) inch caliper at planting, measured at six (6) inches from the base of the trunk. Size of evergreens and shrubs shall be allowed to vary depending on setting and type of shrub, except that buffer plantings shall be sufficiently large and planted in such a fashion that a screen at least six (6) feet in height shall be produced at the time of planting and a screen of eight (8) feet in height shall be produced within three (3) growing seasons. Buffer design shall provide maximum protection to adjacent properties and avoid damage to existing plant material. Possible arrangements include planting in parallel, serpentine or broken rows. If planted berms are used as buffers, the minimum top width shall be four (4) feet, and the maximum side slope shall be 2:1.
5. 
Maintenance. Plantings shall be watered regularly and in a manner appropriate for the specified plant species through the first growing season, and dead or dying plants shall be replaced by the applicant during the next planting season. No buildings, structures, storage of materials, or parking shall be permitted within the buffer area; buffer areas shall be maintained and kept free of all debris, rubbish, weeds, and tall grass.
[1]
Editor's Note: Ord. No. 2021-8 amended § 30-58 in entirety. Prior history includes Ord. No. 2803
[Added 3-24-2021 by Ord. No. 2021-8]
a. 
Policy Statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including Green Infrastructure Best Management Practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.
b. 
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," and "minor development" as defined below in § 30-58.2, and to implement the requirements of the New Jersey Stormwater Management Rules at N.J.A.C. 7:8 for all areas of the City. In the event of conflict with any provision of this section, the requirements of N.J.A.C. 7:8 shall govern.
c. 
Applicability. This section shall be applicable to all major and minor development as defined herein and projects subject to municipal review in the City of Asbury Park.
d. 
Compatibility with Other Permit and Ordinance Requirements. Development approvals issued pursuant to this section are to be considered an integral part of development approvals under the municipal review process and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare.
e. 
This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.
[Added 3-24-2021 by Ord. No. 2021-8]
For the purpose of this section (only), the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions below are the same as or based on the corresponding definitions in the Stormwater Management Rules at N.J.A.C. 7:8-1.2.
CAFRA CENTERS, CORES OR NODES
Shall mean those areas with boundaries incorporated by reference or revised by the Department in accordance with N.J.A.C. 7:7-13.16.
CAFRA PLANNING MAP
Shall mean the map used by the Department to identify the location of Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes. The CAFRA Planning Map is available on the Department's Geographic Information System (GIS).
CITY
Shall mean the City of Asbury Park, in the County of Monmouth, State of New Jersey.
COMMUNITY BASIN
Shall mean an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond, established in accordance with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance with the New Jersey Stormwater Best Management Practices Manual, or an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g), for an infiltration system, sand filter designed to infiltrate, standard constructed wetland, or wet pond and that complies with the requirements of this section.
COMPACTION
Shall mean the increase in soil bulk density.
CONTRIBUTORY DRAINAGE AREA
Shall mean the area from which stormwater runoff drains to a stormwater management measure, not including the area of the stormwater management measure itself.
CORE
Shall mean a pedestrian-oriented area of commercial and civic uses serving the surrounding municipality, generally including housing and access to public transportation.
COUNTY REVIEW AGENCY
Shall mean an agency designated by the County Commissioners to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
a. 
A county planning agency; or
b. 
A county water resource association created under N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority to approve, conditionally approve, or disapprove municipal stormwater management plans and implementing ordinances.
DEPARTMENT
Shall mean the Department of Environmental Protection.
DESIGN ENGINEER
Shall mean a person professionally qualified and duly licensed in New Jersey to perform engineering services that may include, but not necessarily be limited to, development of project requirements, creation and development of project design and preparation of drawings and specifications.
DESIGNATED CENTER
Shall mean a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
DEVELOPMENT
Shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlarge-enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission is required under the Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq.
In the case of development of agricultural land, development means: any activity that requires a State permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1, et seq.
DISTURBANCE
Shall mean the placement or reconstruction of impervious surface or motor vehicle surface, or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation. Milling and repaving is not considered disturbance for the purposes of this definition.
DRAINAGE AREA
Shall mean a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving waterbody or to a particular point along a receiving waterbody.
EMPOWERMENT NEIGHBORHOODS
Shall mean neighborhoods designated by the Urban Coordinating Council "in consultation and conjunction with" the New Jersey Redevelopment Authority pursuant to N.J.S.A 55:19-69.
ENVIRONMENTALLY CONSTRAINED AREA
Shall mean the following areas where the physical alteration of the land is in some way restricted, either through regulation, easement, deed restriction or ownership such as: wetlands, floodplains, threatened and endangered species sites or designated habitats, and parks and preserves. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
ENVIRONMENTALLY CRITICAL AREA
Shall mean an area or feature which is of significant environmental value, including but not limited to: stream corridors, natural heritage priority sites, habitats of endangered or threatened species, large areas of contiguous open space or upland forest, steep slopes, and well head protection and groundwater recharge areas. Habitats of endangered or threatened species are identified using the Department's Landscape Project as approved by the Department's Endangered and Nongame Species Program.
EROSION
Shall mean the detachment and movement of soil or rock fragments by water, wind, ice, or gravity.
GREEN INFRASTRUCTURE
Shall mean a stormwater management measure that manages stormwater close to its source by:
a. 
Treating stormwater runoff through infiltration into subsoil;
b. 
Treating stormwater runoff through filtration by vegetation or soil; or
c. 
Storing stormwater runoff for reuse.
HUC 14 or HYDROLOGIC UNIT CODE 14
Shall mean an area within which water drains to a particular receiving surface water body, also known as a subwatershed, which is identified by a 14-digit hydrologic unit boundary designation, delineated within New Jersey by the United States Geological Survey.
IMPERVIOUS SURFACE
Shall mean a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
INFILTRATION
Shall mean the process by which water seeps into the soil from precipitation.
LEAD PLANNING AGENCY
Shall mean one or more public entities having stormwater management planning authority designated by the regional stormwater management planning committee pursuant to N.J.A.C. 7:8-3.2, that serves as the primary representative of the committee.
LOW IMPACT DEVELOPMENT TECHNIQUES
Shall mean utilizing strategies and measures that manage stormwater runoff quantity and quality in the absence of structural stormwater measures, such as minimizing site disturbance, preserving natural vegetation and other important site features such as forests, reducing and disconnecting impervious cover, minimizing proposed ground slopes, utilizing native vegetation, minimizing turf grass lawns, revegetating areas, increasing time of concentration, and maintaining and enhancing natural drainage features and characteristics.
MAJOR DEVELOPMENT
Shall mean an individual "development," as well as multiple developments that individually or collectively result in:
a. 
The disturbance of one or more acres of land since February 2, 2004;
b. 
The creation of one-quarter acre or more of "regulated impervious surface" since February 2, 2004;
c. 
The creation of one-quarter acre or more of "regulated motor vehicle surface" since the effective date of this section; or
d. 
A combination of paragraphs b and c above that totals an area of one-quarter acre or more. The same surface shall not be counted twice when determining if the combination area equals one-quarter acre or more.
Major development includes all developments that are part of a common plan of development or sale (for example, phased residential development) that collectively or individually meet any one or more of paragraphs a, b, c or d above. Projects undertaken by any government agency that otherwise meet the definition of "major development" but which do not require approval under the Municipal Land Use Law, N.J.S.A. 40:55D-1, et seq., are also considered "major development."
MINOR DEVELOPMENT
Shall mean any development that results in an increase in impervious surface of one thousand square feet or more or disturbance of five thousand square feet or more of land, but does not meet the definition of a Major Development.
MOTOR VEHICLE
Shall mean land vehicles propelled other than by muscular power, such as automobiles, motorcycles, autocycles, and low speed vehicles. For the purposes of this definition, motor vehicle does not include farm equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs, go-carts, gas buggies, golf carts, ski-slope grooming machines, or vehicles that run only on rails or tracks.
MOTOR VEHICLE SURFACE
Shall mean any pervious or impervious surface that is intended to be used by "motor vehicles" and/or aircraft, and is directly exposed to precipitation including, but not limited to, driveways, parking areas, parking garages, roads, racetracks, and runways.
MUNICIPALITY
Shall mean the City of Asbury Park, in the County of Monmouth, State of New Jersey.
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL or BMP MANUAL
Shall mean the manual maintained by the Department providing, in part, design specifications, removal rates, calculation methods, and soil testing procedures approved by the Department as being capable of contributing to the achievement of the stormwater management standards specified in this section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with § 30-58.4f and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.
NODE
Shall mean an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
NUTRIENT
Shall mean a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, political subdivision of this State and any state, interstate or Federal agency.
POLLUTANT
Shall mean any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions, chemical wastes, biological materials, medical wastes, radioactive substance (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. §§ 2011, et seq.), thermal waste, wrecked or discarded equipment, rock, sand, cellar dirt, industrial, municipal, agricultural, and construction waste or runoff, or other residue discharged directly or indirectly to the land, ground waters or surface waters of the State, or to a domestic treatment works. "Pollutant" includes both hazardous and nonhazardous pollutants.
RECHARGE
Shall mean the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
REGULATED IMPERVIOUS SURFACE
Shall mean any of the following, alone or in combination:
a. 
A net increase of impervious surface;
b. 
The total area of impervious surface collected by a new stormwater conveyance system (for the purpose of this definition, a "new stormwater conveyance system" is a stormwater conveyance system that is constructed where one did not exist immediately prior to its construction or an existing system for which a new discharge location is created);
c. 
The total area of impervious surface proposed to be newly collected by an existing stormwater conveyance system; and/or
d. 
The total area of impervious surface collected by an existing stormwater conveyance system where the capacity of that conveyance system is increased.
REGULATED MOTOR VEHICLE SURFACE
Shall mean any of the following, alone or in combination:
a. 
The total area of motor vehicle surface that is currently receiving water;
b. 
A net increase in motor vehicle surface; and/or quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant, where the water quality treatment will be modified or removed.
SEDIMENT
Shall mean solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
SITE
Shall mean the lot or lots upon which a major development is to occur or has occurred.
SOIL
Shall mean all unconsolidated mineral and organic material of any origin.
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
Shall mean an area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the State's future redevelopment and revitalization efforts.
STATE PLAN POLICY MAP
Shall mean the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
STORMWATER MANAGEMENT BMP
Shall mean an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management BMP may either be normally dry (that is, a detention basin or infiltration system), retain water in a permanent pool (a retention basin), or be planted mainly with wetland vegetation (most constructed stormwater wetlands).
STORMWATER MANAGEMENT MEASURE
Shall mean any practice, technology, process, program, or other method intended to control or reduce stormwater runoff and associated pollutants, or to induce or control the infiltration or groundwater recharge of stormwater or to eliminate illicit or illegal non-stormwater discharges into stormwater conveyances.
STORMWATER MANAGEMENT PLANNING AGENCY
Shall mean a public body authorized by legislation to prepare stormwater management plans.
STORMWATER MANAGEMENT PLANNING AREA
Shall mean the geographic area for which a stormwater management planning agency is authorized to prepare stormwater management plans, or a specific portion of that area identified in a stormwater management plan prepared by that agency.
STORMWATER RUNOFF
Shall mean water flow on the surface of the ground or in storm sewers, resulting from precipitation.
TIDAL FLOOD HAZARD AREA
Shall mean a flood hazard area in which the flood elevation resulting from the two-, 10-, or 100-year storm, as applicable, is governed by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood hazard area may be contributed to, or influenced by, stormwater runoff from inland areas, but the depth of flooding generated by the tidal rise and fall of the Atlantic Ocean is greater than flooding from any fluvial sources. In some situations, depending upon the extent of the storm surge from a particular storm event, a flood hazard area may be tidal in the 100-year storm, but fluvial in more frequent storm events.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
Shall mean a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONES
Shall mean a zone designated by the New Jersey Enterprise Zone Authority pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60, et. seq.
URBAN REDEVELOPMENT AREA
Shall mean previously developed portions of areas:
a. 
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
b. 
Designated as CAFRA Centers, Cores or Nodes;
c. 
Designated as Urban Enterprise Zones; and
d. 
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATER CONTROL STRUCTURE
Shall mean a structure within, or adjacent to, a water, which intentionally or coincidentally alters the hydraulic capacity, the flood elevation resulting from the two-, 10-, or 100-year storm, flood hazard area limit, and/or floodway limit of the water. Examples of a water control structure may include a bridge, culvert, dam, embankment, ford (if above grade), retaining wall, and weir.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
WETLANDS or WETLAND
Shall mean an area that is inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
[Added 3-24-2021 by Ord. No. 2021-8]
a. 
Stormwater management measures for major development shall be designed to provide erosion control, groundwater recharge, stormwater runoff quantity control, and stormwater runoff quality treatment as follows:
1. 
The minimum standards for erosion control are those established under the Soil and Sediment Control Act, N.J.S.A. 4:24-39, et seq., and implementing rules at N.J.A.C. 2:90.
2. 
The minimum standards for groundwater recharge, stormwater quality, and stormwater runoff quantity shall be met by incorporating green infrastructure.
b. 
The standards in this section apply only to new major development and are intended to minimize the impact of stormwater runoff on water quality and water quantity in receiving water bodies and maintain groundwater recharge. The standards do not apply to new major development to the extent that alternative design and performance standards are applicable under a regional stormwater management plan or Water Quality Management Plan adopted in accordance with Department rules.
c. 
In the event the proposed development is considered "Minor Development" as defined in this section the applicant must comply with provision of § 30-58.7.
d. 
When a proposed development is not considered a 'major development' or 'minor development', as defined herein, the applicant's engineer shall demonstrate that postdevelopment runoff rates do not exceed predevelopment runoff rates to adjacent properties of record.
[Added 3-24-2021 by Ord. No. 2021-8]
a. 
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 30-58.11.
b. 
Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
c. 
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 30-58.4p, q and r:
1. 
The construction of an underground utility line provided that the disturbed areas are revegetated upon completion;
2. 
The construction of an aboveground utility line provided that the existing conditions are maintained to the maximum extent practicable; and
3. 
The construction of a public pedestrian access, such as a sidewalk or trail with a maximum width of 14 feet, provided that the access is made of permeable material.
d. 
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 30-58.4o, p, q and r may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
1. 
The applicant demonstrates that there is a public need for the project that cannot be accomplished by any other means;
2. 
The applicant demonstrates through an alternatives analysis, that through the use of stormwater management measures, the option selected complies with the requirements of § 30-58.4o, p, q and r to the maximum extent practicable;
3. 
The applicant demonstrates that, in order to meet the requirements of § 30-58.4o, p, q and r, existing structures currently in use, such as homes and buildings, would need to be condemned; and
4. 
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under § 30-58.4d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 30-58.4o, p, q and r that were not achievable onsite.
e. 
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in § 30-58.4o, p, q and r. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
f. 
Where the BMP tables in the NJ Stormwater Management Rule are different due to updates or amendments with the tables in this section the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f) shall take precedence.
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
Best Management Practice
Stormwater Runoff Quality TSS Removal Rate
(percent)
Stormwater Runoff Quantity
Groundwater Recharge
Minimum Separation from Seasonal High Water Table
(feet)
Cistern
0
Yes
No
Dry Well(a)
0
No
Yes
2
Grass Swale
50 or less
No
No
2(e)
1(f)
Green Roof
0
Yes
No
Manufactured Treatment Device(a)(g)
50 or 80
No
No
Dependent upon the device
Pervious Paving System(a)
80
Yes
Yes(b)
No(c)
2(b)
1(c)
Small-Scale Bioretention Basin(a)
80 or 90
Yes
Yes(b)
No(c)
2(b)
1(c)
Small-Scale Infiltration Basin(a)
80
Yes
Yes
2
Small-Scale Sand Filter
80
Yes
Yes
2
Vegetative Filter Strip
60-80
No
No
(Notes corresponding to annotations (a) through (g) are found beneath Table 3 below.)
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality with a Waiver or Variance from N.J.A.C. 7:8-5.3)
Best Management Practice
Stormwater Runoff Quality TSS Removal Rate
(percent)
Stormwater Runoff Quantity
Groundwater Recharge
Minimum Separation from Seasonal High Water Table
(feet)
Bioretention System
80 or 90
Yes
Yes(b)
No(c)
2(b)
1(c)
Infiltration Basin
80
Yes
Yes
2
Sand Filter(b)
80
Yes
Yes
2
Standard Constructed Wetland
90
Yes
No
N/A
Wet Pond(d)
50-90
Yes
No
N/A
(Notes corresponding to annotations (b) through (d) are found beneath Table 3 below).
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
Best Management Practice
Stormwater Runoff Quality TSS Removal Rate
(percent)
Stormwater Runoff Quantity
Groundwater Recharge
Minimum Separation from Seasonal High Water Table
(feet)
Blue Roof
0
Yes
No
N/A
Extended Detention Basin
40-60
Yes
No
1
Manufactured Treatment Device(h)
50 or 80
No
No
Dependent upon the device
Sand Filter(c)
80
Yes
No
1
Subsurface Gravel Wetland
90
No
No
1
Wet Pond
50-90
Yes
No
N/A
Notes to Tables 1, 2, and 3:
(a)
Subject to the applicable contributory drainage area limitation specified at § 30-58.4o2;
(b)
Designed to infiltrate into the subsoil;
(c)
Designed with underdrains;
(d)
Designed to maintain at least a 10-foot wide area of native vegetation along at least 50% of the shoreline and to include a stormwater runoff retention component designed to capture stormwater runoff for beneficial reuse, such as irrigation;
(e)
Designed with a slope of less than 2%;
(f)
Designed with a slope of equal to or greater than 2%;
(g)
Manufactured treatment devices that meet the definition of green infrastructure at § 30-58.2;
(h)
Manufactured treatment devices that do not meet the definition of green infrastructure at § 30-58.2.
g. 
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with § 30-58.6b. Alternative stormwater management measures may be used to satisfy the requirements at § 30-58.4o only if the measures meet the definition of green infrastructure at § 30-58.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at § 30-58.4o2 are subject to the contributory drainage area limitation specified at § 30-58.4o2 for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at § 30-58.4o2 shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 30-58.4d is granted from § 30-58.4o.
h. 
Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall perform a Groundwater Mounding Analysis as outlined in the NJDEP BMP Manual, Chapter 13 in order to assess the hydraulic impact on the groundwater table and design the site so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.
i. 
Design standards for stormwater management measures are as follows:
1. 
Stormwater management measures shall be designed to take into account the existing site conditions, including, but not limited to, environmentally critical areas; wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability, and texture; drainage area and drainage patterns; and the presence of solution-prone carbonate rocks (limestone);
2. 
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third the width of the diameter of the orifice or one-third the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 30-58.9c;
3. 
Stormwater management measures shall be designed, constructed, and installed to be strong, durable, and corrosion resistant. Measures that are consistent with the relevant portions of the Residential Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall be deemed to meet this requirement;
4. 
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at § 30-58.9; and
5. 
The size of the orifice at the intake to the outlet from the stormwater management BMP shall be a minimum of two and one-half inches in diameter.
j. 
Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at § 30-58.2 may be used only under the circumstances described at § 30-58.4o4.
k. 
Any application for a new agricultural development that meets the definition of major development at § 30-58.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 30-58.4o, p, q and r and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
l. 
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 30-58.4p, q and r shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
m. 
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the Monmouth County Clerk's Office. A form of deed notice shall be submitted to the City for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 30-58.4o, p, q and r and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 30-58.11b5. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
n. 
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to § 30-58.4 of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Monmouth County Clerk's Office and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with § 30-58.4m above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with § 30-58.4m above.
o. 
Green Infrastructure Standards.
1. 
This subsection specifies the types of green infrastructure BMPs that may be used to satisfy the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards.
2. 
To satisfy the groundwater recharge and stormwater runoff quality standards at § 30-58.4p and q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 30-58.4f and/or an alternative stormwater management measure approved in accordance with § 30-58.4g. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
Best Management Practice
Maximum Contributory Drainage Area
Dry Well
1 acre
Manufactured Treatment Device
2.5 acres
Pervious Pavement Systems
Area of additional inflow cannot exceed three times the area occupied by the BMP
Small-scale Bioretention Systems
2.5 acres
Small-scale Infiltration Basin
2.5 acres
Small-scale Sand Filter
2.5 acres
3. 
To satisfy the stormwater runoff quantity standards at § 30-58.4r, the design engineer shall utilize BMPs from Table 1 or from Table 2 and/or an alternative stormwater management measure approved in accordance with § 30-58.4g.
4. 
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 30-58.4d is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with § 30-58.4g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 30-58.4p, q and r.
5. 
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at § 30-58.4p, q and r, unless the project is granted a waiver from strict compliance in accordance with § 30-58.4d.
p. 
Groundwater Recharge Standards.
1. 
This subsection contains the minimum design and performance standards for groundwater recharge as follows:
2. 
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 30-58.5, either:
(a) 
Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain 100% of the average annual pre-construction groundwater recharge volume for the site; or
(b) 
Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the 2-year storm is infiltrated.
3. 
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to paragraph 4 below.
4. 
The following types of stormwater shall not be recharged:
(a) 
Stormwater from areas of high pollutant loading. High pollutant loading areas are areas in industrial and commercial developments where solvents and/or petroleum products are loaded/unloaded, stored, or applied, areas where pesticides are loaded/unloaded or stored; areas where hazardous materials are expected to be present in greater than "reportable quantities" as defined by the United States Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would be inconsistent with Department approved remedial action work plan or landfill closure plan and areas with high risks for spills of toxic materials, such as gas stations and vehicle maintenance facilities; and
(b) 
Industrial stormwater exposed to "source material." "Source material" means any material(s) or machinery, located at an industrial facility, that is directly or indirectly related to process, manufacturing or other industrial activities, which could be a source of pollutants in any industrial stormwater discharge to groundwater. Source materials include, but are not limited to, raw materials; intermediate products; final products; waste materials; by-products; industrial machinery and fuels, and lubricants, solvents, and detergents that are related to process, manufacturing, or other industrial activities that are exposed to stormwater.
q. 
Stormwater Runoff Quality Standards.
1. 
This subsection contains the minimum design and performance standards to control stormwater runoff quality impacts of major development. Stormwater runoff quality standards are applicable when the major development results in an increase of one-quarter acre or more of regulated motor vehicle surface.
2. 
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids (TSS) in stormwater runoff generated from the water quality design storm as follows:
(a) 
Eighty percent TSS removal of the anticipated load, expressed as an annual average shall be achieved for the stormwater runoff from the net increase of motor vehicle surface.
(b) 
If the surface is considered regulated motor vehicle surface because the water quality treatment for an area of motor vehicle surface that is currently receiving water quality treatment either by vegetation or soil, by an existing stormwater management measure, or by treatment at a wastewater treatment plant is to be modified or removed, the project shall maintain or increase the existing TSS removal of the anticipated load expressed as an annual average.
3. 
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with paragraph 2 above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
4. 
The water quality design storm is 1.25 inches of rainfall in two hours. Water quality calculations shall take into account the distribution of rain from the water quality design storm, as reflected in Table 4, below. The calculation of the volume of runoff may take into account the implementation of stormwater management measures.
Table 4 - Water Quality Design Storm Distribution
Time
(minutes)
Cumulative Rainfall
(inches)
Time
(minutes)
Cumulative Rainfall
(inches)
Time
(minutes)
Cumulative Rainfall
(inches)
1
0.00166
41
0.1728
81
1.0906
2
0.00332
42
0.1796
82
1.0972
3
0.00498
43
0.1864
83
1.1038
4
0.00664
44
0.1932
84
1.1104
5
0.00830
45
0.2000
85
1.1170
6
0.00996
46
0.2117
86
1.1236
7
0.01162
47
0.2233
87
1.1302
8
0.01328
48
0.2350
88
1.1368
9
0.01494
49
0.2466
89
1.1484
10
0.01660
50
0.2583
90
1.1500
11
0.01828
51
0.2783
91
1.1550
12
0.01996
52
0.2983
92
1.1600
13
0.02164
53
0.3183
93
1.1650
14
0.02332
54
0.3383
94
1.1700
15
0.02500
55
0.3583
95
1.1750
16
0.03000
56
0.4116
96
1.1800
17
0.03500
57
0.4650
97
1.1850
18
0.04000
58
0.5183
98
1.1900
19
0.04500
59
0.5717
99
1.1950
20
0.05000
60
0.6250
100
1.2000
21
0.05500
61
0.6783
101
1.2050
22
0.06000
62
0.7317
102
1.2100
23
0.06500
63
0.7850
103
1.2150
24
0.07000
64
0.8384
104
1.2200
25
0.07500
65
0.8917
105
1.2250
26
0.08000
66
0.9117
106
1.2267
27
0.08500
67
0.9317
107
1.2284
28
0.09000
68
0.9517
108
1.2300
29
0.09500
69
0.9717
109
1.2317
30
0.10000
70
0.9917
110
1.2334
31
0.10660
71
1.0034
111
1.2351
32
0.11320
72
1.0150
112
1.2367
33
0.11980
73
1.0267
113
1.2384
34
0.12640
74
1.0383
114
1.2400
35
0.13300
75
1.0500
115
1.2417
36
0.13960
76
1.0568
116
1.2434
37
0.14620
77
1.0636
117
1.2450
38
0.15280
78
1.0704
118
1.2467
39
0.15940
79
1.0772
119
1.2483
40
0.16600
80
1.0840
120
1.2500
5. 
If more than one BMP in series is necessary to achieve the required 80% TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:
R = A + B - (A x B)/100
Where:
R
=
total TSS Percent Load Removal from application of both BMPs.
A
=
the TSS Percent Removal Rate applicable to the first BMP.
B
=
the TSS Percent Removal Rate applicable to the second BMP.
6. 
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in § 30-58.4p, q and r.
7. 
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater management measures shall be designed to prevent any increase in stormwater runoff to waters classified as FW1.
8. 
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1 establish 300-foot riparian zones along Category One waters, as designated in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters. A person shall not undertake a major development that is located within or discharges into a 300-foot riparian zone without prior authorization from the Department under N.J.A.C. 7:13.
9. 
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i, runoff from the water quality design storm that is discharged within a 300-foot riparian zone shall be treated in accordance with this subsection to reduce the post-construction load of total suspended solids by 95% of the anticipated load from the developed site, expressed as an annual average.
10. 
This stormwater runoff quality standards do not apply to the construction of one individual single-family dwelling, provided that it is not part of a larger development or subdivision that has received preliminary or final site plan approval prior to December 3, 2018, and that the motor vehicle surfaces are made of permeable material(s) such as gravel, dirt, and/or shells.
r. 
Stormwater Runoff Quantity Standards.
1. 
This subsection contains the minimum design and performance standards to control stormwater runoff quantity impacts of major development.
2. 
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 30-58.5, complete one of the following:
(a) 
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the 2-, 10-, and 100-year storm events do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events;
(b) 
Demonstrate through hydrologic and hydraulic analysis that there is no increase, as compared to the pre-construction condition, in the peak runoff rates of stormwater leaving the site for the 2-, 10- and 100-year storm events and that the increased volume or change in timing of stormwater runoff will not increase flood damage at or downstream of the site. This analysis shall include the analysis of impacts of existing land uses and projected land uses assuming full development under existing zoning and land use ordinances in the drainage area;
(c) 
Design stormwater management measures so that the post-construction peak runoff rates for the 2-, 10- and 100-year storm events are 50%, 75% and 80%, respectively, of the pre-construction peak runoff rates. The percentages apply only to the post-construction stormwater runoff that is attributable to the portion of the site on which the proposed development or project is to be constructed; or
(d) 
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with paragraphs 2(a), (b) and (c) above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
3. 
The stormwater runoff quantity standards shall be applied at the site's boundary to each abutting lot, roadway, watercourse, or receiving storm sewer system.
s. 
Variances. A variance from strict compliance with the requirements of this section may be granted by the reviewing board for those projects where an applicant has demonstrated the inability or impracticability of strict compliance with the stormwater management requirements in this section.
[Added 3-24-2021 by Ord. No. 2021-8]
a. 
Stormwater runoff shall be calculated in accordance with the following:
1. 
The design engineer shall calculate runoff using one of the following methods:
(a) 
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(b) 
The Rational Method for peak flow and the Modified Rational Method for hydrograph computations. The rational and modified rational methods are described in "Appendix A-9 Modified Rational Method" in the Standards for Soil Erosion and Sediment Control in New Jersey, January 2014. This document is available from the State Soil Conservation Committee or any of the Soil Conservation Districts listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone number for each Soil Conservation District is available from the State Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625. The document is also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
2. 
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at § 30-58.5a1(a) and the Rational and Modified Rational Methods at § 30-58.5a1(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover have existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
3. 
In computing pre-construction stormwater runoff, the design engineer shall account for all significant land features and structures, such as ponds, wetlands, depressions, hedgerows, or culverts, that may reduce pre-construction stormwater runoff rates and volumes.
4. 
In computing stormwater runoff from all design storms, the design engineer shall consider the relative stormwater runoff rates and/or volumes of pervious and impervious surfaces separately to accurately compute the rates and volume of stormwater runoff from the site. To calculate runoff from unconnected impervious cover, urban impervious area modifications as described in the NRCS Technical Release 55 - Urban Hydrology for Small Watersheds or other methods may be employed.
5. 
If the invert of the outlet structure of a stormwater management measure is below the flood hazard design flood elevation as defined at N.J.A.C. 7:13, the design engineer shall take into account the effects of tailwater in the design of structural stormwater management measures.
b. 
Groundwater recharge may be calculated in accordance with the following: The New Jersey Geological Survey Report GSR-32, A Method for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at the New Jersey Geological Survey website at: https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
[Added 3-24-2021 by Ord. No. 2021-8]
a. 
Technical guidance for stormwater management measures can be found in the documents listed below, which are available to download from the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
1. 
Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended and supplemented. Information is provided on stormwater management measures such as, but not limited to, those listed in Tables 1, 2, and 3.
2. 
Additional maintenance guidance is available on the Department's website at: https://www.njstormwater.org/maintenance_guidance.htm.
b. 
Submissions required for review by the Department should be mailed to: The Division of Water Quality, New Jersey Department of Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton, New Jersey 08625-0420.
[Added 3-24-2021 by Ord. No. 2021-8]
a. 
The stormwater runoff requirements applicable to minor developments are as follows:
1. 
For each square foot of new impervious surface; 2 gallons of stormwater shall be managed using one or more of the green infrastructure practices set forth in Table 5 below, or by such other measures as may be required by the City Engineer (or Board Engineer, where applicable), of which the volume of the NJDEP Water Quality Design Storm (1.25" in 2 hours) must be retained on site utilizing green infrastructure.
2. 
All such development shall be subject to review by the City Engineer (or Board Engineer, where applicable) to determine that all stormwater runoff created by the development is adequately controlled and does not cause an adverse impact on adjoining properties.
3. 
In such cases where it is determined that the out flow from the stormwater management system will impact an adjacent property, the out flow shall be directed to a storm sewer, gutter, swale, or other suitable stormwater runoff conveyance measure.
4. 
If the City Engineer (or Board Engineer, where applicable) determines that the out flow from the stormwater management system will damage an adjoining property and the out flow cannot be safely directed to a storm sewer, gutter, swale, or other suitable stormwater runoff conveyance measure, the stormwater runoff from the development shall be retained on-site at a rate of 3 gallons of storage for each square foot of new impervious surface using green infrastructure practices or such other measures as may be required by the City Engineer (or Board Engineer, where applicable).
5. 
If the applicant cannot comply with paragraph 4 above, the proposal should be redesigned, or reduced in scope so that the postdevelopment runoff rates do not exceed predevelopment runoff rates to adjacent properties of record.
Table 5
Minor Development BMP
Grass Swale
Green Roof
Pervious Paving System
Small-Scale Bioretention Basin
Small-Scale Infiltration Basin
Small-Scale Sand Filter
Vegetative Filter Strip
Cistern
Dry Well*
*The use of dry wells is allowed only where the other listed methods cannot feasibly meet the requirements of this section.
b. 
Soil Testing shall be performed to confirm the permeability of the soils and the depth of the water table and seasonal high water table.
c. 
The stormwater management feature shall be protected from future development by conservation easement, deed restriction, or other acceptable legal measures.
d. 
Whenever the stormwater management design includes one or more BMPs that will infiltrate stormwater into subsoil, the design engineer shall perform a Groundwater Mounding Analysis as outlined in the NJDEP BMP Manual, Chapter 13, in order to assess the hydraulic impact on the groundwater table and design the site so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table, so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems or other subsurface structures within the zone of influence of the groundwater mound, or interference with the proper functioning of the stormwater management measure itself.
e. 
Variances. A variance from strict compliance with the requirements of this section may be granted by the reviewing board for those projects where an applicant has demonstrated the inability or impracticability of strict compliance with the stormwater management requirements in this section.
[Added 3-24-2021 by Ord. No. 2021-8]
a. 
Site design features identified under § 30-58.4f above, or alternative designs in accordance with § 30-58.4g above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 30-58.8a2 below.
1. 
Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
(a) 
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or
(b) 
A different grate, if each individual clear space in that grate has an area of no more than seven (7.0) square inches, or is no greater than 0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.
(c) 
For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than seven (7.0) square inches, or be no greater than two (2.0) inches across the smallest dimension.
2. 
The standard in § 30-58.8a1 above does not apply:
(a) 
Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than nine (9.0) square inches;
(b) 
Where the municipality agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;
(c) 
Where flows from the water quality design storm as specified in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
(1) 
A rectangular space four and five-eighths (4.625) inches long and one and one-half (1.5) inches wide (this option does not apply for outfall netting facilities); or
(2) 
A bar screen having a bar spacing of 0.5 inch.
Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development (N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1).
(d) 
Where flows are conveyed through a trash rack that has parallel bars with one-inch (1 inch) spacing between the bars, to the elevation of the Water Quality Design Storm as specified in N.J.A.C. 7:8; or
(e) 
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
[Added 3-24-2021 by Ord. No. 2021-8]
a. 
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management BMPs. This section applies to any new stormwater management BMP.
b. 
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in § 30-58.9c1, c2 and c3 below for trash racks, overflow grates, and escape provisions at outlet structures.
c. 
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
1. 
A trash rack is a device designed to catch trash and debris and prevent the clogging of outlet structures. Trash racks shall be installed at the intake to the outlet from the Stormwater management BMP to ensure proper functioning of the BMP outlets in accordance with the following:
(a) 
The trash rack shall have parallel bars, with no greater than six-inch spacing between the bars;
(b) 
The trash rack shall be designed so as not to adversely affect the hydraulic performance of the outlet pipe or structure;
(c) 
The average velocity of flow through a clean trash rack is not to exceed 2.5 feet per second under the full range of stage and discharge. Velocity is to be computed on the basis of the net area of opening through the rack; and
(d) 
The trash rack shall be constructed of rigid, durable, and corrosion resistant material and designed to withstand a perpendicular live loading of 300 pounds per square foot.
2. 
An overflow grate is designed to prevent obstruction of the overflow structure. If an outlet structure has an overflow grate, such grate shall meet the following requirements:
(a) 
The overflow grate shall be secured to the outlet structure but removable for emergencies and maintenance.
(b) 
The overflow grate spacing shall be no less than two inches across the smallest dimension.
(c) 
The overflow grate shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of 300 pounds per square foot.
3. 
Stormwater management BMPs shall include escape provisions as follows:
(a) 
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the municipality pursuant to § 30-58.9c a free-standing outlet structure may be exempted from this requirement;
(b) 
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than two and one-half feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately two and one-half feet below the permanent water surface, and the second step shall be located one to one and one-half feet above the permanent water surface. See § 30-58.9e for an illustration of safety ledges in a stormwater management BMP; and
(c) 
In new stormwater management BMPs, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than three horizontal to one vertical.
d. 
Variance or Exemption from Safety Standard. A variance or exemption from the safety standards for stormwater management BMPs may be granted only upon a written finding by the municipality that the variance or exemption will not constitute a threat to public safety.
e. 
Safety Ledge Illustration.
030 Safety Ledge Illustration.tif
[Added 3-24-2021 by Ord. No. 2021-8]
a. 
Submission of Site Development Stormwater Plan.
1. 
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at § 30-58.10c below as part of the submission of the application for approval.
2. 
The applicant shall demonstrate that the project meets the standards set forth in this section.
3. 
The applicant shall submit three (3) copies of the materials listed in the checklist for site development stormwater plans in accordance with § 30-58.10c of this section.
b. 
Site Development Stormwater Plan Approval. The applicant's Site Development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this section.
c. 
Submission of Site Development Stormwater Plan. The following information shall be required:
1. 
Topographic Base Map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of 1"=200' or greater, showing 2-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and flood plains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and manmade features not otherwise shown.
2. 
Environmental Site Analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.
3. 
Project Description and Site Plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.
4. 
Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of § 30-58.3 through § 30-58.5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
5. 
Stormwater Management Facilities Map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
(a) 
Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.
(b) 
Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.
6. 
Calculations.
(a) 
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in § 30-58.4 of this section.
(b) 
When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high water table, then a soils report shall be submitted. The soils report shall be based on onsite boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.
7. 
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 30-58.11 below.
8. 
Waiver from Submission Requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements set forth in § 30-58.10c1 through c6 above when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
[Added 3-24-2021 by Ord. No. 2021-8]
a. 
Applicability. Projects subject to review as specified in § 30-58.1c above shall comply with the requirements of § 30-58.11b and c below.
b. 
General Maintenance.
1. 
The design engineer shall prepare a maintenance plan for the stormwater management measures incorporated into the design of a major development.
2. 
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
3. 
If the maintenance plan identifies a person other than the property owner (for example, a developer, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.
4. 
Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of a green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.
5. 
If the party responsible for maintenance identified under § 30-58.11b3 above is not a public agency, the maintenance plan and any future revisions based on § 30-58.11b7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
6. 
Preventative and corrective maintenance shall be performed to maintain the functional parameters (storage volume, infiltration rates, inflow/outflow capacity, etc.) of the stormwater management measure, including, but not limited to, repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of non-vegetated linings.
7. 
The party responsible for maintenance identified under § 30-58.11b3 above shall perform all of the following requirements:
(a) 
Maintain a detailed log of all preventative and corrective maintenance for the structural stormwater management measures incorporated into the design of the development, including a record of all inspections and copies of all maintenance-related work orders;
(b) 
Evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed; and
(c) 
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by § 30-58.11b6 and b7.
8. 
The requirements of § 30-58.11b3 and b4 above do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
9. 
In the event that the stormwater management facility becomes a danger to public safety or public health, or if it is in need of maintenance or repair, the municipality shall so notify the responsible person in writing. Upon receipt of that notice, the responsible person shall have fourteen (14) days to effect maintenance and repair of the facility in a manner that is approved by the city engineer, reviewing engineer, or their designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or County may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.
c. 
Nothing in this subsection shall preclude the municipality in which the major development is located from requiring the posting of a performance or maintenance guarantee in accordance with N.J.S.A. 40:55D-53.
[Added 3-24-2021 by Ord. No. 2021-8]
The City will request all responsible parties to submit annual statements documenting the operation and maintenance of their facilities. This will assist the City in completing the Annual Certification Form as well as provide documentation of all operations and maintenance not conducted by City personnel on stormwater management facilities. Should the responsible parties not submit annual statements or fail to conduct the required maintenance, the City will assess penalties against the owner as follows and in accordance with the City's Code: (i) the City will first send the owner a thirty (30)-day written notice of the reporting requirement; (ii) a one thousand ($1,000.00) dollar 1st offense fine will be issued if no annual statement is received within the thirty (30)-day period; (iii) the City will send a 2nd letter with notice of the offense; (iv) a two thousand ($2,000.00) 2nd offense fine will be imposed if no annual statement is received within the second thirty (30)-day period; (v) as a last resort the City will perform an assessment and liens against the applicable property for the amount of all penalties and the annual report preparation costs.
Additionally, any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the following penalties: (i) the City will first send the owner a thirty (30)-day written notice of the violation; (ii) a one thousand ($1,000.00) dollar 1st offense fine will be issued if the violation is not remedied within the thirty (30)-day period; (iii) a two thousand ($2,000.00) dollar 2nd offense fine will be imposed if the violation is not remedied within the second thirty (30)-day period; (v) as a last resort the City will perform an assessment and liens against the applicable property for the amount of all penalties.
[Added 3-24-2021 by Ord. No. 2021-8]
Each section, subsection, sentence, clause and phrase of this section is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.
[Added 3-24-2021 by Ord. No. 2021-8]
This section shall be in full force and effect from and after its adoption and any publication as required by law, following the required twenty (20) day period after adoption, as set forth in N.J.S.A. 40:69A-181(b).
[Added 3-24-2021 by Ord. No. 2021-8]
All parts and provisions of any Ordinance which are inconsistent with the provisions of this section shall be repealed to the extent of such inconsistency.
[2000 Code § 30-59.1]
The purpose of this section is to insure the provision of adequate off-street parking and loading areas for all types of development. Unless provisions are made for off-street parking, such vehicles that are brought into an area by various land uses will be parked on public streets; including, in many instances, streets that are residential in character. Reliance on on-street parking is detrimental to the public interest, as it causes congestion, hinders emergency access and tends to have a depreciating effect on an area or neighborhood.
[2000 Code § 30-59.2; Ord. No. 2777 § 3]
Wherever, as of the effective date of this chapter, off-street parking and loading facilities are provided conforming in whole or in part with this section, such off-street parking and loading facilities shall not be reduced in quantity, reduced in area or otherwise altered below the requirements set forth herein. All off-street parking and loading facilities of up to five (5) spaces must be approved by the City Engineer and City Planner. Facilities of five (5) spaces or more will require Development Review (Site Plan) approval.
[2000 Code § 30-59.3]
Parking and loading spaces shall not be used for any other purpose or character of automobile parking or loading as to limit their availability for automobile parking or loading.
[2000 Code § 30-59.4]
Structures and uses without adequate parking and loading areas as required in this section, and that predate the effective date of this chapter, may be continued. Should such structure be increased in area or changed in use, the parking and loading required shall be determined by applying the standards set forth herein to the entire structure or use.
[2000 Code § 30-59.5; Ord. No. 2735; amended 6-9-2021 by Ord. No. 2021-21]
Off-street parking shall be provided for all development according to the following schedule:
Residential Use
Parking Requirement
a. Single-family residence
2 parking spaces
b. Two-family residence
3 parking spaces
c. Multifamily residence
1. 0-1 bedroom unit
1 parking space per unit
2. 2 or more bedrooms
2 parking spaces per unit
d. Planned Residential Development
2 parking spaces per dwelling unit
e. (Reserved)
f. (Reserved)
g. (Reserved)
Commercial Uses
Parking Requirement
h. Commercial Uses
1. General Requirements (when specific commercial uses cannot be identified.
(a) Retail trade services and office
1 parking space per employee per shift plus 1 space per 350 gross square feet of floor space
2. When number of employees cannot be determined:
(a) Retail (including take-out food establishment) services
1 parking space per 250 gross square feet of floor space
(b) General office, banks, research/laboratory
1 parking space per 300 gross square feet of floor space
(c) Physicians, dentists, chiropractors
5 parking spaces per doctor or 1 parking space per 250 gross square feet of floor space, whichever is greater
(d) Auditoriums, stadiums, theaters, arenas and places of assembly
1 parking space per 5 seats, based on maximum seating capacity
i. Hotel, motel, rooming house or equivalent. Uses such as restaurants, nightclubs and retail shops that are contained within the hotel and open to the public shall be calculated separately as required herein. Fifty (50%) percent of the spaces thus calculated will be added for the parking requirement for the hotel.
1 parking space per employee per shift plus .75 parking spaces per sleeping unit. Where number of employees cannot be determined, 1 parking space per sleeping unit
j. Restaurant, nightclub, bar
1 parking space per employee per shift plus 1 parking space per 300 gross square feet of floor area. When number of employees cannot be determined, 1 parking space per 50 square feet of customer floor area.
k. Motor vehicle service stations
10 parking spaces plus 1 space per 2 workers employed during busiest shift
l. Motor vehicle repair garage
4 parking spaces per bay plus 1 space per 2 employees
m. Truck or bus depots
1 parking space per 2 workers employed or to be employed at any one time
n. Car washes, drive-through lubrication stations
1 parking space per 2 workers employed or to be employed at any one time plus reservoir space for 10 cars or 5 times the number of cars capable of being processed at any one time, whichever is greater.
o. Funeral homes
1 parking space per 60 square feet of area intended for public occupancy
Industrial Use
p. Manufacturing, assembly, processing plants; wholesale trade establishments
1 parking space per 300 gross square feet of floor area
q. Warehouses
1 sparking space per worker employed at any one time plus 1 parking space per 5,000 square feet of floor area or fraction thereof; where number of workers cannot be determined, 1 parking space per 500 square feet of floor area
Schools
r. Nursery schools, day care centers
5 parking spaces, plus 1 parking space per worker employed or to be employed at any one time
s. Elementary, middle schools
1 1/2 parking spaces per worker employed or to be employed at any one time
t. High schools
1 1/2 parking spaces per worker employed or to be employed at any one time, plus 1 parking space per 4 students of school capacity
u. Colleges, universities, professional institutes
1 parking space per employee plus 1 parking space per 2 students enrolled
v. Theme entertainment centers
1 parking space per 45 square feet of usable visitor floor area
w. Exhibition pavilions
1 space per 200 square feet of usable visitor area floor
x. Bed and Breakfast Establishments
.75 per sleeping unit and one (1) space per employee per shift.
[2000 Code § 30-59.6; amended 6-9-2021 by Ord. No. 2021-21]
Reasonable and appropriate off-street parking requirements for buildings and uses not specifically provided for shall be determined by the Zoning Officer, upon consideration of all factors entering into the parking needs of such use and by comparison with the uses enumerated above. In the case of an Application for Development, final determination shall be made by the Board hearing the application.
[2000 Code § 30-59.7]
Where one (1) establishment or development has two (2) or more distinct uses, each such use shall be measured separately for the purpose of determining the number of parking and loading spaces required.
[2000 Code § 30-59.8]
All off-street parking shall be located upon the same lot where the use occurs. However, in business and industrial zones, parking facilities may be located within six hundred (600) feet measured along adjacent streets. All or part of the off-street parking requirement for nonresidential uses may be met through the provision of off-site parking located within one thousand (1,000) feet of the lot where the use occurs, measured along adjacent streets. Up to seventy-five (75%) percent of the off-street parking requirement for nonresidential uses may be met through the provision of off-site parking located beyond one thousand (1,000) feet from the lot where the use occurs, provided that regularly scheduled transportation to the site is provided from the remote parking facility every fifteen (15) minutes during the hours when the facility for which the parking is required is being used. If the remote parking facility is located outside the City limits, the applicant shall present evidence of all necessary approvals, including Municipal approval of such parking facility by the Municipality or Municipalities in which it is located prior to the grant of final development approval by the Board.
[2000 Code § 30-59.9]
The Planning Board or Board of Adjustment may permit up to fifty (50%) percent of the total parking spaces required for a land use which occurs mostly in the evening to be provided with parking spaces devoted to a land use which occurs mostly during the day. Before such permission is granted by the Board, an applicant for development approval must demonstrate, to the satisfaction of the Board, that the daytime parking to be utilized is available to the proposed development during evening hours and is within one thousand (1,000) feet, measured along adjacent streets.
Subsections c, d, h2(d) and j of § 30-59.5, except restaurants where less than seventy-five (75%) percent of public floor area is devoted to food service, may be considered evening/weekend uses. Subsections h2(b), r, s and t of § 30-59.5 may be considered daytime weekday uses. In the case of an Application for Development, final determination of the applicability of this subsection shall be made by the Board hearing the application.
[2000 Code § 30-59.10]
All off-premises parking sites, when used to meet the parking requirement specified in this chapter for a Development Application, shall be addressed by the applicant through a traffic and parking assessment, subject to approval by the Planning Board. The Planning Board shall review the parking sites for accessibility, safety, convenience and ready identification. The Planning Board will require the applicant to submit a long-term instrument, giving the applicant legal right to utilize the off-premises parking facility for the duration of the use for which the parking is required. Such legal instrument must be filed with the City Clerk and Board Secretary after it is reviewed and approved by the Board Attorney. No Certificate of Zoning Compliance shall be issued for the proposed use unless such valid legal instrument is filed as set forth herein.
[2000 Code § 30-59.11]
All off-street parking and loading facilities shall be located to the rear of the required front yard area as now or hereafter established. The area between the street line and the setback line, except for vehicle and pedestrian accessways, shall be landscaped with lawns or other appropriate planting. In the case of townhouses, one-family or two-family dwellings, the vehicular accessway/driveway may be utilized for the parking or standing of registered automobiles or motorcycles. Such driveway may not be directly in front of the principal structure unless such driveway shall lead to a garage. Recreational, camping or utility trailers or boats may be stored or left standing in a side or rear yard in accordance with the provisions of § 30-59.17. Where the required parking space is provided by a garage or other covered space, or by roof parking, the location of such garage or structure shall be in conformity with the Zoning Regulations relating to the class of building involved. On corner or through lots, the parking setback for other than the front street right-of-way shall be not less than ten (10) feet. This section is not to be construed to permit parking between the street curblines and the street line of any abutting property, as such is hereby prohibited.
a. 
Parking on Vacant Lots. No vacant lot shall be used for parking of one (1) or more vehicles of any kind unless it shall be properly graded, paved, lighted and fenced or screened according to specifications established for this purpose by the Zoning Officer and unless a Certificate of Zoning Compliance for such use has been issued.
b. 
Parking on Improved Lots. All parking on lots improved with a building shall be within hard surface parking areas constructed in conformance with § 30-59.12 of the Land Development Regulations.
[2000 Code § 30-59.12; amended 6-9-2021 by Ord. No. 2021-21]
Parking spaces and areas must be designated and installed as follows:
a. 
All off-street parking and loading spaces shall be arranged in an orderly manner to avoid unsafe conditions and to provide adequate access for vehicles and pedestrians using the area.
b. 
Parking stalls for full-size vehicles shall be provided in accordance with the following:
1. 
The minimum dimensions for each angle parking stall shall be eight (8) feet six (6) inches in width and eighteen (18) feet in length.
2. 
Parallel parking spaces, adjacent to curbs, sidewalks, driveways and buildings, shall be a minimum of seven (7) feet in width and twenty-two (22) feet in length.
c. 
Parking stalls for compact vehicles shall be provided in accordance with the following:
1. 
The minimum dimensions for each parking stall shall be seven (7) feet six (6) inches in width and fifteen (15) feet in length.
2. 
Compact parking stalls shall be permitted only for those uses set forth in § 30-59.5c, d, h2(b), h2(d), i, p, q, s, t and u provided that:
(a) 
Not more than twenty-five (25%) percent of the parking spaces required by these regulations shall be for compact vehicles;
(b) 
The minimum number of parking spaces required by these regulations shall be in excess of fifty (50) spaces; and
(c) 
Compact parking stalls shall be grouped in contiguous, uniform stalls and shall have signs placed in appropriate locations indicating PARKING FOR COMPACT VEHICLES ONLY.
3. 
All or any part of the parking spaces provided in addition to those required by these regulations may be for compact vehicles.
4. 
To obtain approval of a parking layout with compact parking stalls, a site plan must first be submitted to the Planning Board for approval which demonstrates that sufficient parking is capable of being provided to meet the minimum requirements of these regulations for full-size parking stalls. Upon such demonstration, the Planning Board may then approve an alternate and different site plan containing compact parking stalls, in accordance with the requirements set forth herein. In no event shall the provision of compact parking stalls result in an increase in the floor area or the number of dwelling units permitted with the provision of full-size parking stalls.
d. 
Tandem parking may be permitted in multi-family developments where it can be shown that tandem spaces can be accommodated within the parking facility without obstructing access to other parking spaces, aisles, or pedestrian accessways. When provided, both spaces in tandem must be assigned to a specific dwelling unit and signed accordingly.
e. 
Minimum Aisle Widths.
1. 
The minimum aisle width required to provide maneuvering space and access to parking stalls shall be as follows:
Parking Angle
(degree)
Stall Width
(feet)
Aisle Width
(feet)
Stall Width
(feet)
Aisle Width
(feet)
0
7
12
7
12
45
8.5
13
7.5
12
9.0
12
9.5
12
60
8.5
18
7.5
14
9.0
16
9.5
15
75
8.5
22
7.5
17
9.0
21
9.5
20
90
8.5
24
7.5
22
9.0
23
9.5
22
2. 
The stall width shall be measured perpendicular to the direction of parking. When columns occur along the side lines of parking stalls located within a building or structure, the width of the stall shall be determined by dividing the clear dimensions between column faces, measured perpendicular to the direction of parking, by the number of stalls between adjacent columns whenever the width of the stall so determined is less than nine (9) feet. In such cases, the painted side stripe defining each stall adjacent to a column shall be placed at the face of column rather than at the center line of the column, and the space between the column faces shall be divided into stalls of equal width.
3. 
The aisle width dimensions as set forth in the chart in paragraph e1 of § 30-59.12 assume one-way circulation for all parking angles. At a parking angle of ninety (90°) degrees the same dimensions apply for two-way circulation.
4. 
For a parking angle of zero (0°) degrees, add ten (10) feet to the aisle for two-way circulation.
f. 
Where parking stalls of different dimensions share the same aisle, the parking stall requiring the greater aisle width shall govern.
g. 
All access drives, and parking and loading areas shall be paved with an appropriate hard-surface pavement that is durable, dust-free and maintained in good condition.
h. 
Individual parking and loading spaces, aisles, crosswalks, and entrances and exits shall be suitably identified with lines and arrows, subject to the approval of the Zoning Officer.
i. 
The provisions of paragraphs c, d, e, f and g shall not apply to the parking requirements for one- and two-family residences.
[2000 Code § 30-59.13]
a. 
Entrances and exits to parking and loading areas shall be by means of clearly limited and defined drives. The entrances and exits shall be located to prevent conflict with pedestrian and vehicular traffic by providing for the free flow of vehicles at all times. Entrances and exits shall be arranged to prevent any vehicle from exiting a parking area by backing onto or across a sidewalk and onto a street.
1. 
Driveway widths shall be designed in accordance with the following schedule:
One Way Operation
Two Way Operation
Curbline Opening
(in feet)
Driveway Width
(in feet)
Curbline Opening
(in feet)
Driveway Width
(in feet)
Up to 10 family structures
12-15
10-13
12-30
10-26
10 family or over
1-30
10-26
24-36
20-30
Commercial and Industrial
18-36
18-34
24-50
24-46
Service Stations
15-36
12-34
24-36
20-34
2. 
Minimum sight distances. Any driveway providing access to a public or private street shall be designed, graded and located so as to permit the following minimum sight distances, measured in each direction, along the intersecting street. Measurement shall be made from the driver's seat of a passenger automobile standing on the exit driveway with the front of the vehicle a minimum of ten (10) feet behind the edge of the street pavement.
Maximum Allowable Speed on Road
(MPH)
Minimum Required Sight Distance
(Feet)
25
150
30
200
35
250
40
300
45
350
50
400
3. 
Minimum distance between driveways. Where two (2) or more driveways connect a single site to any public or private road, or individual driveways serve separate and adjoining sites, it is recommended that a minimum clear distance of fifty (50) feet measured along the right-of-way line shall separate the closest of any two (2) such driveways measured from the rights-of-way. A maximum of two (2) driveways is recommended for any single site of three hundred (300) feet or less frontage.
4. 
Minimum distance to property line or intersecting street. Driveways for other than one- and two-family homes shall not be located closer than five (5) feet to a side or rear property line or fifty (50) feet to the closest right-of-way line of any intersecting street.
b. 
All parking and loading areas shall be suitably graded, drained and maintained to prevent erosion and stormwater runoff onto adjacent streets and properties. The Planning Board may require that drainage plans be certified by a civil engineer and, in addition, may refer the plans to the Department of Public Maintenance for its review and recommendations.
c. 
All parking and loading areas to be utilized during the nighttime shall be adequately lighted. Such lighting shall be located to reflect the light away from adjacent streets and properties. Light fixtures shall not be higher than sixteen (16) feet above grade.
d. 
The provisions of paragraphs a, b and c shall not apply to the parking requirements for one- and two-family residences.
[2000 Code § 30-59.14; 6-9-2021 by Ord. No. 2021-21]
a. 
The design of planting areas within parking and loading areas shall be adequate to screen parking and loading activities from the street or any adjoining lots.
b. 
Off-street parking areas with more than ten spaces shall have planting beds, at least five feet in width measured from the interior of the surrounding curbing or hardscape, around the perimeter of the parking area. Such planting strips shall be interrupted only at points of ingress and egress and where the parking area or access drive abuts a building on the same lot. Although the preference is for plantings, which offer environmental benefits in addition to visual screening, a wall or fence may be implemented when dimensional requirements (size and orientation of parking aisles, spaces and turning movements) make plantings impracticable or inappropriate. Where the perimeter of a parking lot abuts another parking lot with at least ten (10) spaces, such abutting portion of the lot shall be exempt from providing perimeter planting. No buildings, structures, storage of materials, or parking facilities shall be permitted within the buffer area.
c. 
All uncovered off-street parking and loading areas of twenty (20) or more spaces shall be provided with planting islands. The planting islands shall be landscaped with trees and shrubs to channel internal traffic flow, prevent indiscriminate movement of vehicles, aid pedestrian circulation and improve appearance of the parking area.
d. 
Shade trees shall be provided at the rate of one tree for each four (4) parking spaces and placed so that all spaces are shaded to the maximum extent possible.
e. 
Where parking and loading spaces abut sidewalks, buffer strips, planting islands or similar construction, a curb or wheelstop shall be provided to prevent vehicles from overhanging or otherwise damaging the construction.
f. 
The total landscaped area of any uncovered parking area must not be less than ten (10%) percent.
[2000 Code § 30-59.15]
a. 
There shall be provided clearly marked and posted off-street loading spaces to serve the following types of buildings and uses: hotels, hospitals, stores, office buildings, wholesale manufacturing and industrial buildings, warehouses and railroad and truck freight stations.
b. 
The minimum area required for each loading space shall be ten (10) feet in width, twenty-five (25) feet in length and fourteen (14) feet height clearance. Each loading space shall adjoin a loading dock or entryway and be provided with adequate apron space for access and maneuvering.
c. 
Loading space provided shall be based upon building floor area plus outside storage area, as follows:
Area
Loading Space Requirement
3,000 to 20,000 sq. ft.
1 loading space
20,000 to 80,000 sq. ft.
2 loading spaces
80,000 to 150,000 sq. ft.
3 loading spaces
More than 150,000 sq. ft.
4 loading spaces
d. 
Loading and unloading areas may be used only for the parking of trucks and/or trailers used solely to service the facility where located.
e. 
A sign stating that all truck engines shall be turned off upon parking shall be prominently posted in all loading and unloading areas.
[2000 Code § 30-59.16]
In a residence district, the following motor vehicles shall not be parked or left standing in any yard area or on a driveway:
a. 
Unregistered motor vehicles of any type or design.
b. 
Buses other than personal passenger vehicles with seating capacity of less than ten (10) persons or those parked on premises of a permitted nonresidential use, such as a church or school, or a senior citizen housing development.
c. 
Trucks with commercial registration and/or a rating capacity in excess of six thousand (6,000) pounds except for trucks parked for a temporary period for the purpose of rendering services to the premises.
d. 
Nothing herein shall prohibit the storing or garaging of commercial vehicles having a capacity of three-fourths (3/4) of a ton or less in an enclosed garage.
[2000 Code § 30-59.17]
The parking and storage of boats, motor homes and recreational trailers shall be permitted in a residential district subject to the following:
a. 
No trailer, motor home or boat in excess of twenty-two (22) feet in length, as measured from outside dimensions, including hitching devices, shall be parked or stored outside in any yard area.
b. 
All trailers, motor homes or boats shall be parked or stored either in an enclosed garage or in the side or rear yard of a lot. No trailer, motor home or boat shall be parked or stored in the front yard of a lot or within the street side yard of a corner lot.
c. 
Any trailer, motor home or boat parked in the side or rear yard of any lot shall meet the setback requirements and regulations applicable to accessory buildings within the zoning district.
d. 
Any boat, motor home or trailer parked or stored in a side or rear yard and not in an enclosed garage shall be screened from view. Such screening shall not be less than six (6) feet in height and shall consist of either a trellis, latticework, decorative block, shrubbery or other similar material approved by the Zoning Officer, except when such screening exceeds six (6) feet in height, the same shall consist only of shrubbery. If such screening involves the use of a fence, such fence shall conform to the maximum height limitation in § 30-63.1.
e. 
The area used for the parking or storage of any motor home, boat or recreational trailer shall not preempt any off-street parking space required to be provided by any provision of § 30-59.
[2000 Code § 30-59.18]
If an applicant can clearly demonstrate to the Board or if the Board determines that, because of the nature of the operation or use, the parking requirements of this section are unnecessary or excessive; the Board shall have the power to approve a site plan showing less paved parking area than is required by this section; provided, however, that a landscaped area of sufficient size to meet the chapter requirement shall be set aside and reserved for the purposes of meeting future off-street parking requirements in the event that a change of use or operation of the premises shall make such additional off-street parking spaces necessary.
[2000 Code § 30-59.19; amended 6-9-2021 by Ord. No. 2021-21]
Freestanding parking structures where permitted in § 30-70 shall be located and designed in accordance with the following:
a. 
Parking structures located outside the "Renewal Area," as demarcated in the Waterfront Redevelopment Plan, as amended, shall conform to the yard requirements of the zone in which they are located.
b. 
Parking structures located within the "Renewal Area," as demarcated in the Waterfront Development Plan, as amended, shall be subject to the height and setback restrictions specified in the Development Control Plan of the Waterfront Redevelopment Plan, except that the following requirements shall also apply:
1. 
No parking structure shall exceed a height of five (5) levels or fifty (50) feet.
2. 
A parking structure of two (2) or more levels shall not be located nearer than thirty (30) feet from a street wherein the centerline forms the zone boundary of an R3, R2 or R1 Zone. The area between the structure and the streetline shall be attractively landscaped so that the foundation of the structure is screened from view of neighboring residences. Shade trees shall be located on both sides of the public sidewalk along the street frontage at intervals specified in § 30-57.12 of this chapter and shall be continued, when possible, across the entire block front.
3. 
A parking structure shall not be located nearer than ten (10) feet to any interior lot line. A distance shall be maintained between parking structures and existing buildings on adjacent properties as is required in § 30-56.1.
4. 
A parking structure of four (4) or more levels, or more than thirty (30) feet in height, shall not be located nearer than thirty (30) feet from a zone boundary of an R3, R2 or R1 Zone.
5. 
A parking structure of four (4) or more levels, or more than thirty (30) feet in height, shall not be located nearer than thirty (30) feet from an adjacent lot containing a use permitted in any residential zone.
6. 
The street level of a parking structure shall not be located within forty (40) feet of Kingsley Street, unless the floor area of the structure within that distance is devoted to retail commercial space and the height of the structure within that distance does not exceed forty (40) feet. No upper level portions of a parking structure which are devoted to parking shall be located nearer than twenty (20) feet of Kingsley Street.
7. 
No parking structure shall be located within fifteen (15) feet of any other street located within the Waterfront Redevelopment Area. The area between the structure and the streetline shall be attractively landscaped so that the foundation of the structure is screened from view as seen from the street. Shade trees shall be located on both sides of the public sidewalk along the street frontage at intervals specified in § 30-57.12 and shall be continued, when possible, across the entire block front.
8. 
No freestanding parking structure shall be located within a block having frontage upon a street immediately abutting public parks along Wesley, Sunset or Deal Lakes.
c. 
Parking structures shall be designed and constructed to meet or exceed the following standards:
1. 
Roof top parking areas shall meet the same interior landscape requirements as specified for surface parking lots in paragraphs c, d, e, f of § 30-59.14.
2. 
The architectural design for the facades of parking structures facing a public street shall provide 50% of the ground level facade with habitable space or other active uses and incorporate features such as articulated parapet walls, ornamental projections, varied planter widths, etc., to add visual interest and improve the overall appearance of the structure as viewed from the street.
[Ord. No. 2777 § 4]
All residential development shall be in compliance with the New Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1, et seq. When standards contained in this Chapter conflict with the Residential Site Improvement Standards, the Residential Site Improvement Standards shall govern. However, the board of jurisdiction may grant de minimus exceptions from the standards when the board of jurisdiction finds that the requested exception meeting the following criteria: (1) It is consistent with the intent of the Site Improvement Act; (2) It is reasonable, limited and not unduly burdensome; (3) It meets the needs of public health and safety; and (4) It takes into account existing infrastructure and possible surrounding future development.
[1]
Editor's Note: Ord. No. 2021-20 amended § 30-61 in entirety. Prior history includes 2000 Code § 30-61, Ord. No. 2735, Ord. No. 2831; Ord. No. 2018-30.
[Added 6-9-2021 by Ord. No. 2021-20]
It is the purpose of this section (§ 31-61) to promote the public health, safety and general welfare through reasonable, consistent and nondiscriminatory sign standards. The sign regulations in this section are not intended to censor speech or to regulate viewpoints, but instead are intended to regulate the secondary effects of speech, and especially insofar as those secondary effects may adversely affect aesthetics and traffic and pedestrian safety. In order to preserve and enhance the City as a desirable community in which to live and do business, a pleasing, visually attractive environment is of foremost importance. The regulation of signs within the City is a highly contributive means by which to achieve this desired end. These sign regulations have been prepared with the intent of protecting and enhancing the visual character of the City and promoting its continued well-being, and are intended to:
a. 
Encourage the effective use of signs as a means of communication in the City;
b. 
Maintain and enhance the aesthetic character, both visually and spatially, and the City's ability to attract sources of economic development and growth;
c. 
Improve pedestrian and traffic safety;
d. 
Minimize the possible adverse effect of signs on nearby public and private property;
e. 
Foster the integration of signage with architecture and landscape design;
f. 
Lessen the visual clutter that may otherwise be caused by the proliferation, improper placement, illumination, animation, excessive height and excessive size (area) of signs which compete for the attention of pedestrian and vehicular traffic;
g. 
Allow signs that are compatible with their surroundings and aid orientation, while precluding the placement of signs that contribute to sign clutter or that conceal or obstruct adjacent land uses or signs;
h. 
Encourage and allow signs that are appropriate to the zoning district in which they are located and consistent with the category of use and function to which they pertain;
i. 
Curtail the size and number of signs and sign messages to the minimum reasonably necessary to identify a residential or business location and the nature of any such business;
j. 
Categorize signs based upon the function that they serve and tailor the regulation of signs based upon their function;
k. 
Preclude signs from conflicting with the principal permitted use of the site and adjoining sites;
l. 
Regulate signs in a manner so as to not interfere with, obstruct the vision of, or distract motorists, bicyclists or pedestrians;
m. 
Except to the extent expressly preempted by State or Federal law, ensure that signs are constructed, installed and maintained in a safe and satisfactory manner, and protect the public from unsafe signs;
n. 
Preserve, conserve, protect and enhance the aesthetic quality and scenic beauty of all districts of the City;
o. 
Allow for traffic control devices consistent with national and State standards and whose purpose is to promote roadway safety and efficiency by providing for the orderly movement of users on streets and highways, and that notify road users of regulations and provide warning and guidance needed for the safe, uniform and efficient operation of all elements of the traffic stream;
p. 
Protect property values by precluding to the maximum extent possible sign types that create a nuisance to the occupancy or use of other properties as a result of their location, size, height, illumination, brightness or movement;
q. 
Protect property values by ensuring that sign types, as well as the number of signs, are in harmony with buildings, neighborhoods and conforming signs in the area;
r. 
Regulate the appearance and design of signs in a manner that promotes and enhances the aesthetic character of the City and that compliments the surroundings in recognition of the City's reliance on its surroundings and beautification efforts in retaining economic advantage;
s. 
Preserve and enhance the character of the City;
t. 
Enable the fair and consistent enforcement of these sign regulations; and
u. 
Ensure signs do not alter the function of buildings.
[Added 6-9-2021 by Ord. No. 2021-20]
Signs shall be permitted as accessory uses in all zoning districts within the jurisdiction of this section. Signs may be used, erected, maintained, altered, relocated, removed, or demolished only in compliance with the provisions of this section and any and all other ordinances and regulations of the municipality relating to the use, erection, maintenance, alteration, moving, or removal of signs or similar devices. In the event of conflicting regulations, the most restrictive shall apply.
[Added 6-9-2021 by Ord. No. 2021-20; amended 11-8-2023 by Ord. No. 2023-34]
The following signs and sign types are prohibited within the City and shall not be erected. Any lawfully existing permanent sign or sign type that is among the prohibited signs and sign types listed below shall be deemed a nonconforming sign subject to the provisions of subsection 30-61.3.
a. 
Billboards.
b. 
Revolving signs.
c. 
Flashing, sparkling or glittering signs or signs having accent lights that flash, sparkle or glitter.
d. 
Animated signs.
e. 
Wind signs.
f. 
Portable signs, except for those specifically permitted (i.e. sandwich board sign).
g. 
Roof signs.
h. 
Abandoned and discontinued signs.
i. 
Snipe signs; bandit signs.
j. 
Projecting signs, except as expressly allowed.
k. 
Bus bench advertising signs; bus shelter advertising signs that exceed 25% of the area of the vertical face of a bus shelter structure.
l. 
Signs that emit smoke, visible vapor or smoke, sound, odor, or visible particles or gaseous matter.
m. 
Signs that obstruct, conceal, hide or otherwise obscure from view any official traffic or governmental sign, signal or device.
n. 
Signs within a sight triangle.
o. 
Signs in the public right-of-way, other than traffic control device signs, warning signs, safety signs, EVSE signs as specified in subsection 30-57.6 of the City Code, or those specifically permitted, such as a sandwich board sign. Signs placed illegally in such locations shall be subject to removal by the City.
p. 
Signs other than a traffic control sign that use the word "stop" or "danger" or present or imply the need or requirement of stopping or the existence of danger, or which copy or imitate any official traffic control device signs, and which are adjacent to the right-of-way of any road, street or highway.
q. 
Signs prohibited by State or Federal law.
r. 
Vehicle sign or signs that have a total sign area on any vehicle in excess of 10 square feet, when the vehicle is not regularly used in the conduct of the business or activity advertised on the vehicle, and is visible from a street right-of-way within 100 feet of the vehicle, and is parked for more than five consecutive hours within 100 feet of any street right-of-way. A vehicle shall not be considered "regularly used in the conduct of the business or activity" if the vehicle is used primarily for advertising, or for the purpose of advertising, or for the purpose of providing transportation for owners or employees of the business or activity advertised on the vehicle.
s. 
Signs located on real property without the permission of the property owner.
t. 
Beacon signs, except as required by Federal or State law.
u. 
Intermittent signs.
v. 
Signs located, painted or affixed on a bridge, abutment, walls, fences, water tower, storage tower, communications tower, other utility or any accessory structure that are visible from a public street or roadway or from an adjacent residential use.
w. 
Signs with changeable copy/graphics that exhibit any one of the following characteristics:
1. 
Change more frequently than once every 24 hours.
2. 
Exceed 12 square feet in area.
3. 
Are accessory to a principal use that is not specifically permitted.
4. 
Would otherwise constitute a prohibited or nonconforming sign.
5. 
Transition between messages using scrolling, fading, dissolving, pixilation, zooming, wiping, moving copy or any graphic effect other than an instantaneous static replacement of the message.
6. 
Contain/exhibit more than a single color of copy/graphics.
7. 
Contain/exhibit more than a single-color background.
8. 
Contain/exhibit a background color that is lighter in contrast to the copy/graphics color.
9. 
Contain/exhibit copy consisting of more than a single font type.
10. 
Are located in a residential district.
x. 
Banners, except in the case of temporary "grand opening" events as regulated herein.
y. 
Signs containing a message that states or implies that a property may be used for any purpose not permitted in the zoning district or by duly authorized variance in which said sign is located under the provisions of this section.
z. 
Public property and rights-of-way. Any sign installed or placed on public property, except in conformance with the requirements of this section, shall be forfeited to the public and subject to removal. In addition to other remedies that may be imposed under this section, the City shall have the right to recover from the owner or person placing such sign the full costs of removal and disposal of such sign. No sign other than traffic control or similar official governmental signs shall be erected within or project over the right-of-way of any public street or sidewalk, except as hereinafter provided.
[Added 6-9-2021 by Ord. No. 2021-20]
A nonconforming sign that was lawfully erected may continue to be maintained until the nonconforming sign is substantially damaged or destroyed. Should the structure of a nonconforming sign be removed, the entirety of the sign may be replaced only in conformance with the regulations herein. At such time that the nonconforming sign is substantially damaged or destroyed, the nonconforming sign must either be removed or be brought into conformity with this subsection and with any other applicable law or regulation.
[Added 6-9-2021 by Ord. No. 2021-20]
a. 
A sign, other than a window sign, located entirely inside the premises of a building or enclosed space that is not placed parallel to front window and is not placed within three feet of a window.
b. 
A sign on a car, other than a prohibited vehicle sign or signs.
c. 
A statutory or municipal sign.
d. 
A traffic control device sign.
e. 
Any sign not visible from a public street, sidewalk or right-of-way, except that the foregoing does not exempt a sign for a commercial use that is visible from an abutting residential property or use.
[Added 6-9-2021 by Ord. No. 2021-20]
a. 
Construction permits. It shall be unlawful for any person or business or the person in charge of the business to erect, construct or alter a permanent sign structure whose construction is subject to the New Jersey Uniform Construction Code, without first obtaining such building permit from the City as may be required by the New Jersey Uniform Construction Code. Permit fees, if any, shall be paid in accordance with the applicable fee schedule. The requirement of a building permit under the New Jersey Uniform Construction Ordinance is separate and independent of the requirement for a sign permit under this section.
b. 
Sign permits.
1. 
Allowed temporary signs, except for special event signs, of the type described in § 30-61.12 of this subsection shall be exempt from sign permitting hereunder. Temporary special event signs shall require a permit.
2. 
Allowed permanent signs of the type described in § 30-61.14 of this section shall be exempt from sign permitting hereunder.
3. 
No sign permit shall be issued for the erection of a prohibited sign.
4. 
Unless exempt from permitting as provided in § 30-61.14, no permanent sign shall be erected, altered, relocated, maintained or displayed until a sign permit is obtained from, and the appropriate fee, if any, is paid to, the City.
5. 
A sign lawfully erected under permit may be repainted or have ordinary and customary repairs performed without a new sign permit; however, if such sign is to be structurally altered in any manner, a new sign permit shall be required, and the altered sign must meet all requirements of this section and this chapter.
c. 
Sign permit application and issuance of sign permit.
1. 
A sign permit application shall be made upon a form provided by the City. The sign permit application is in addition to any building permit application required by the New Jersey Uniform Construction Ordinance. The sign permit application shall be accompanied by plans and specifications drawn to scale, together with any site plan required by this section or this chapter. The applicant shall furnish the following information on or with the sign permit application form:
(a) 
The block, lot and street address of the real property where the sign is proposed to be located.
(b) 
The zoning district for the real property on which the sign will be located.
(c) 
The name, mailing address and telephone number of the owner(s) of the real property where the sign is proposed to be located.
(d) 
A statement of authorization signed by the owner(s) consenting to the placement of the proposed sign on the real property.
(e) 
The name, mailing address and telephone number of the sign contractor.
(f) 
Type of proposed sign (e.g., wall sign or freestanding sign).
(g) 
The proposed sign area.
(h) 
If the proposed sign is a freestanding sign:
(1) 
The height of the proposed freestanding sign.
(2) 
The sign area of the freestanding sign and the dimensions utilized to calculate the size.
(3) 
The distance between the closest existing freestanding sign and the proposed freestanding sign as measured in each direction along each abutting street or right-of-way.
(4) 
The location, height and area of any existing freestanding sign on the same lot where the proposed freestanding sign will be located.
(5) 
The front and side yard setbacks for the proposed sign.
(i) 
If the proposed sign is an attached sign, building elevation(s), to scale, of the building facade for the building to which the attached sign shall be affixed.
(j) 
The number, type, location and surface area for all existing signs on the same lot and/or building on which the sign will be located.
(k) 
Whether the proposed sign will be an illuminated or non-illuminated sign.
(l) 
For an illuminated sign:
(1) 
Externally illuminated signs shall have details and specifications for the type, model, performance and placement (relative to the sign face) of light fixtures used to illuminate a sign relative to the luminance requirements of § 30-61.17.
(2) 
Internally or directly illuminated signs (i.e. digital) shall have details and specifications for the type, model and performance relative to the luminance requirements of § 30-61.17.
2. 
An applicant shall deliver a sign permit application for a permanent sign to the City's Zoning Officer or his or her designee, or such other person as designated by the City. The sign permit application shall be reviewed for a determination of whether the proposed sign meets the applicable requirements of this subsection and any applicable zoning law. The review of the sign permit application shall be completed within 10 business days from the date of receipt of the application, and the application shall be granted or denied within that time frame. In the event that no decision is rendered within 10 business days following submission, the application shall be deemed granted; however, the application shall be deemed denied if the application is for a prohibited sign, and the applicant may appeal to the Board of Adjustment pursuant to the MLUL.
d. 
Fees.
1. 
Sign permit fees. Every person making an initial application for a sign permit shall pay a sign permit fee to the City at the time of the application. This sign permit fee shall be $25.00.
2. 
Building permit fees distinguished. The sign permit fee, if any, shall be separate and apart from any required fee for a building permit for the erection of a sign covered by the New Jersey Uniform Construction Code.
e. 
Conditions.
1. 
Duration of permit. If the work authorized under a sign permit has not been completed within 180 days after the date of issuance, the permit shall become null and void and a new application for a sign permit shall be required.
2. 
Maintenance of signs.
(a) 
All visible portions of a sign and its supporting structure shall be maintained in a safe condition and neat appearance according to the following:
(1) 
If the sign is lighted, all lights shall be maintained in working order and functioning in a safe manner.
(2) 
If the sign is painted, the painted surface shall be kept in good condition.
(3) 
Every sign shall be kept in such manner as to constitute a complete or whole sign.
3. 
Unlawful cutting of trees or shrubs. No person may, for the purpose of increasing or enhancing the visibility of any sign, damage, trim, destroy, or remove any trees, shrubs or other vegetation located:
(a) 
Within the right-of-way of any public street or road, unless the work is done pursuant to the express written authorization of the City or agency having jurisdiction over the streets.
(b) 
On property that is not under the ownership or control of the person doing or responsible for such work, unless the work is done pursuant to the express authorization of the person owning the property where such trees or shrubs are located.
[Added 6-9-2021 by Ord. No. 2021-20]
a. 
Causes for Revocation. A permit to erect or maintain a sign may be revoked for any one or more of the following:
1. 
Whenever the application used in obtaining a permit is knowingly false or misleading.
2. 
Whenever any of the provisions of this chapter are violated.
3. 
Whenever a licensed sign structure is not being maintained in a safe, sound and good condition.
b. 
Removal of a Sign, Advertising Structure, Space or Wall. When a permit for a sign is revoked, the permittee shall remove the sign, advertising structure or space in accordance with the time specified by the Zoning Officer.
1. 
Failure to Remove. Whenever a person fails to remove an advertising structure or space after the expiration date of the removal notice, legal proceeding may be instituted against the person, or the power of removal may be exercised.
2. 
City Removal; Costs. Whenever the removal power is exercised for the elimination of a violation, the cost and expense incurred may be charged against the person responsible for it. A bill rendered for the cost of the removal shall bear legal interest charges and collection shall be made accordingly.
[Added 6-9-2021 by Ord. No. 2021-20]
Notwithstanding anything in this section or this chapter to the contrary, no sign or sign structure shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure.
[Added 6-9-2021 by Ord. No. 2021-20]
Notwithstanding anything contained in this section or this chapter to the contrary, any sign erected pursuant to the provisions of this section or this chapter with a commercial message may, at the option of the owner, contain a noncommercial message unrelated to the business located on the premises where the sign is erected. The noncommercial message may occupy the entire sign face or any portion thereof. The sign face may be changed from a commercial to a noncommercial message, or from one noncommercial message to another, as frequently as desired by the owner of the sign, provided that the sign is not a prohibited sign or sign type, and provided that the size, height, setback and other dimensional criteria contained in this section and this chapter have been satisfied.
[Added 6-9-2021 by Ord. No. 2021-20]
Required setbacks for signs in all zoning districts shall be measured from the property line to the nearest part of the sign. Freestanding signs are only permitted in front yards.
[Added 6-9-2021 by Ord. No. 2021-20]
Double-faced signs shall be permitted in all zoning districts, provided the signs are designed and constructed such that the two sign faces are back to back with a maximum distance of 18 inches between the two sign faces and directionally oriented 180 degrees from each other. The maximum permitted sign area is permitted for each sign face.
[Added 6-9-2021 by Ord. No. 2021-20]
a. 
Temporary on-site special event signs shall be permitted in all districts, provided they have been approved by the Zoning Officer as meeting the following content-neutral criteria:
1. 
The signs are temporary signs for a limited time and frequency, limited to one per event;
2. 
The signs are for a special event as defined herein (see special event sign);
3. 
The temporary signs will not exceed 24 square feet in sign area and six feet in height;
4. 
The temporary signs will not conceal or obstruct adjacent land uses or signs;
5. 
The temporary signs will not conflict with the principal permitted use of the site or adjoining sites;
6. 
The temporary signs will not interfere with, obstruct the vision of or distract motorists, bicyclists or pedestrians;
7. 
The temporary signs will be installed and maintained in a safe manner;
8. 
The display of temporary signs for a special event shall not begin any earlier than three weeks before the event and shall be removed within two business days after the event.
9. 
Special events sign displays shall not exceed three per property per calendar year for a maximum duration of two weeks per event.
10. 
Grand opening signs, a type of special event sign, shall be permitted as follows:
(a) 
For a period not to exceed 30 calendar days.
(b) 
Shall not be freestanding.
(c) 
Shall have a maximum area of 12 square feet.
b. 
Consistent with § 30-61.7 of this section, approval or disapproval shall not be based on the content of the message contained (i.e. the viewpoint expressed) on such signs. The Zoning Officer shall render a decision within 10 business days after an application is made for such temporary signs. In the event that no decision is rendered within 10 business days following submission, the application shall be deemed granted; however, the application shall be deemed denied if the application is for a prohibited sign, and the applicant may appeal to the Board of Adjustment. Such a decision shall be deemed an administrative interpretation, and any person adversely affected has the right to appeal the decision to the Board of Adjustment pursuant to the Municipal Land Use Law, N.J.S.A. 40:550-70; however, the appeal shall be accelerated and shall be heard by the Board of Adjustment and determined within 30 business days after the appeal is filed, pursuant to the Municipal Land Use Law, N.J.S.A. 40:550-70.
[Added 6-9-2021 by Ord. No. 2021-20]
a. 
Temporary real estate signs permitted in all zones. One non-illuminated, temporary ground sign pertaining to the lease, rental or sale on the same lot or building upon which it is placed and not exceeding nine square feet in area on any one side provided such sign is erected or displayed not less than five feet inside of the property line and shall not be mounted on or attached to trees. This sign must be removed from the premises within seven days after the property is sold or leased. In the case of a building containing three or more dwelling units in a residential zone, a sign as described herein must be removed upon the issuance of certificates of occupancy (CO's) for 80% or more of the dwelling units contained therein. Not more than one such sign shall be permitted for each premises. The maximum duration to display such signs is one year, but this period may be extended via a new application. Such signs shall be exempt from all other provisions of this section.
b. 
Special Category Signs:
SPECIAL CATEGORY SIGNS
Type
Max Size
Max. Height
(feet)
Max. No.
Min. Set-Back
Permit Required
Illumination Permitted
Notes/Supplementary Regulations
Special Category Signs
Construction Signs for minor or major developments; ground, pole or wall mounted
*40 contiguous square feet
8 feet From grade
1 per street front age
NA
Yes
No
To be placed no sooner than after final approval of the minor or major development project. Such signs must be removed after the issuance of the first temporary or final certificate of occupancy. Must be constructed of a rigid material
Construction Signs for minor or major developments mounted on construction fences
*No more Than 25% in contiguous length of the linear frontage of a construction fence along a street frontage
8 feet from grade or top of fence (which ever is lower)
1 per street front-age
NA
Yes
No
To be placed no sooner than after final approval of the minor or major development project. Such signs must be removed after the issuance of the first temporary or final certificate of occupancy. May be used only in lieu of a ground, pole or wall mounted construction sign.
Real Estate Signs for minor or major developments: ground pole or wall mounted.
40 contiguous square feet
8 feet from grade
I per street front-age
NA
Yes
No
To be placed no sooner than after final approval of the minor or major development project. Must be constructed of a rigid material. Must be removed after the sale, lease or rental of 80% or more of the nonresidential and/or residential units contained therein
Real estate signs for minor or major development: mounted on construction fences
"No more than 25% in contiguous length of the linear frontage of a construction fence along a street frontage.
8 feet from grade or top of fence (which-ever is lower)
I per street frontage
NA
Yes
Yes
To be placed no sooner than after final approval of the minor or major development project. May be used only in lieu of a ground or pole mounted real estate sign. Must be removed after the sale, lease or rental of 80% or more of the nonresidential and/or residential units contained therein.
Building wrap signs for minor or major developments
Shall not extend beyond the exterior building wall Text may not exceed 10% of the area of the sign or 400 square feet whichever Is less along any street frontage
NA
1 per street frontage
NA
Yes
No
To be placed only after completion of the structural framing of a building Must be removed after completion of the exterior building wall. Building wrap signs shall display a graphic reproduction of the completed building facade located behind the sign
*The combined area of construction signs and real estate signs which are ground, pole or wall mounted shall not exceed 40 square feet along any street frontage. If both sign types are proposed along a street frontage, they shall be combined into a single sign board.
*The combined length of construction signs and real estate signs which are mounted on construction fences shall not exceed 25% of the linear frontage of the construction fence along any street frontage. If both sign types are proposed along a street frontage, they shall be combined to create a single sign.
[Added 6-9-2021 by Ord. No. 2021-20]
a. 
Street address signs. For each lot, residence or business, one street address sign may be displayed. For each residence, the street address sign shall not exceed two square feet in sign area unless required by applicable law. For each business or lot in nonresidential use, the street address sign shall not exceed six square feet in sign area unless required by applicable law.
b. 
Nameplate or occupant identification signs. For each residence, business or other occupancy, one nameplate sign may be displayed. Nameplate or occupant identification signs shall not exceed two square feet in sign area.
c. 
Directional signs. Noncommercial, on-site directional signs, not exceeding 2.5 square feet in sign area and 3.5 feet in height, shall be allowed on each lot.
d. 
Parking space signs. Noncommercial on-site parking space number signs, not exceeding one square foot of sign area, shall be for a noncommercial use having multiple parking spaces on site. One such sign shall be allowed for each parking space.
e. 
Temporary viewpoint signs. Viewpoint signs may be freestanding or building-mounted. They are permitted in addition to any other sign permitted herein and shall conform to the following requirements:
1. 
Viewpoint signs in all zones shall not exceed four square feet each in sign area. Freestanding viewpoint signs shall not exceed three feet in height. Building-mounted viewpoint signs shall not be located as to constitute a roof sign, as defined herein. The total combined sign area of the total array or assemblage of signs upon a premise shall not exceed 24 square feet.
2. 
The maximum permitted duration for a viewpoint sign is 60 days.
3. 
Viewpoint signs shall not be illuminated, either directly, indirectly or internally.
4. 
Viewpoint signs shall not have changeable copy.
5. 
Any viewpoint sign installed or placed on public property including public rights-of-way, excepting such public property, which the City may designate for such use, shall be forfeited to the public and subject to removal and no viewpoint sign shall be placed upon private property except with the consent of the owner or tenant.
6. 
Viewpoint signs shall not be constructed, held, installed or erected so as to present a hazard to the safe transit of pedestrian or vehicular traffic, or to impede the free and safe ingress or egress from any premises.
f. 
Flagpoles. One flagpole is allowed for each lot. A flagpole shall not exceed 35 feet in height and shall be subject to setbacks for principal buildings/structures in the applicable zones in which it is located.
g. 
Flags. For each flagpole, two flags not greater than 15 square feet in sign area each may be displayed.
h. 
Warning signs and safety signs. Warning signs and safety signs, not exceeding four square feet in sign area, shall be allowed in all districts.
i. 
Temporary garage-yard sale signs. For each lot with a lawful residential use, a temporary garage-yard sale sign may be displayed, subject to the following limitations:
1. 
Number. One temporary garage-yard sale sign may be displayed.
2. 
Size and height. A temporary garage-yard sale sign shall not exceed four square feet in sign area and three feet in height.
3. 
Setback. A temporary garage-yard sale sign shall be set back from any lot line by at least five feet.
4. 
Duration. A temporary garage-yard sale sign may not be displayed for a period longer than three days, three times a year.
j. 
Government or government agency signs.
k. 
"Private Driveway" signs indicating the private nature of a driveway not exceed two (2) square feet in sign area and limited to no more than one per driveway.
l. 
Sandwich Board Signs:
1. 
Shall be permitted in non-residential or mixed-use zones only.
2. 
Shall only be permitted to advertise retail sales, retail service or restaurant.
3. 
May be located on a public sidewalk and within a public right-of-way.
4. 
Shall be limited to one sandwich board sign per business property address.
5. 
Shall be located in close proximity to the public business entrance.
6. 
Shall be located in such a manner as to maintain a relatively flat pedestrian passage that is not obstructed and has a minimum clear width of five feet.
7. 
Shall have no illumination.
8. 
Shall be no higher than 42 inches above the sidewalk.
9. 
Sign area shall not exceed five square feet.
10. 
May have a white board/chalkboard for handwritten changeable messages.
[Added 6-9-2021 by Ord. No. 2021-20]
a. 
Signs designating entrance or exits to or from a parking area having five or more parking spaces, limited to one sign for each such exit or entrance, with a maximum of two square feet in sign area for each sign.
b. 
Signs designating the identity of a parking area having five of more parking spaces and limited to one sign with a maximum size of six square feet in sign area and a maximum height of four feet.
[Added 6-9-2021 by Ord. No. 2021-20]
a. 
Number and Size of Exterior Identification Building Signs. A maximum of two signs are permitted per business. The total sign area for all signs, not including window signs that are otherwise permitted, shall not exceed two square feet per linear foot of street frontage, with a maximum area of 40 square feet.
b. 
Rear and Side Wall Signs. No signs shall be permitted on rear or side walls when the wall is within 100 feet of a residential use or residential zone line.
c. 
Identification projecting signs (blade signs) may be substituted for identification wall signs, as permitted in paragraph a above, provided that no identification projecting sign shall exceed 12 square feet in area on either side or project more than five feet from the wall to which it is attached.
d. 
Signs designating entrance or exits to or from a parking area, limited to one sign for each such exit or entrance, with a maximum of two square feet in sign area for each sign.
e. 
Signs designating the identity of a parking area having five of more parking spaces and limited to one sign with a maximum size of six square feet in sign area and a maximum height of four feet.
f. 
Signs for multi-use and multi-building developments shall comply with the following regulations:
1. 
Each such development shall submit a Signing Plan for approval. Such Signing Plan shall include details on:
(a) 
Letter style.
(b) 
Lighting.
(c) 
Color.
(d) 
Construction and materials.
(e) 
Height of sign(s).
(f) 
Height above grade or below roofline.
(g) 
Locations.
(h) 
Standards.
2. 
The Signing Plan shall be based on an integrated design theme to include all of the paragraphs f1(a) through f1(h) above. All of the above elements shall be designed to exhibit harmony and consistency among all signs. All signs shall be integrated with the architecture and materials of the principal building(s) and the landscape design plan.
3. 
The total area of all signs, not including window signs that are otherwise permitted, shall not exceed two square feet per linear foot of street frontage, with a maximum area of 40 square feet.
g. 
Window Lettering and Window Signs. Window lettering and window signs shall be construed as signs, and are subject to the following restrictions:
1. 
All window lettering and signs shall be located on, or affixed to, the interior facing side of a window.
2. 
The sign area of window lettering and signs includes the lettering and any background upon which it appears.
3. 
Permanent Window Lettering and Signs. Sign area shall not exceed twenty (20%) percent of the window area. Any painted area of any window shall be construed as window lettering or signs, whether or not such area actually contains letter or advertising.
4. 
Temporary window lettering or signs shall be permitted subject to the following restrictions:
(a) 
Shall be removed within thirty (30) days after erection;
(b) 
Shall not cover, in the aggregate, more than fifty (50%) percent of the window area, including the area of any permanent window lettering or sign;
(c) 
Shall not be illuminated, either directly or indirectly.
[Added 6-9-2021 by Ord. No. 2021-20]
a. 
Requirements for All Illuminated Signs.
1. 
All illuminated signs shall be properly shielded and so located as to prevent glare or blinding effects upon pedestrians, motor vehicle traffic and so as not to cause a nuisance to residents on the premises of their home or on adjacent properties. Upon a finding by the Zoning Officer that a sign creates glare or blinding conditions, the property owner or owner of the sign, as the case may be, shall correct the situation within the period determined by the Zoning Officer. The Zoning Officer may be assisted in such determination by such lighting or visual acuity experts as necessary. Failure to correct the condition or file an appeal within the time specified shall constitute a violation of this section by the property owner or sign owner, as appropriate.
2. 
The contrast between the ambient light level of the vehicular cartway closest adjacent to a sign and the illuminance of the sign shall not exceed a ratio of 1:20.
3. 
Signs shall not be permitted to emit more than fifty percent (50%) of its illumination as the color white or light blue.
4. 
The level of light being emitted by such sign shall not exceed 0.1 footcandles of luminance from the vertical plane of the sign face at the edge of a vehicular travel lane.
5. 
Top-mounted fixtures are preferred over any other positioned light fixtures. When top-mounted light fixtures are not feasible for good cause shown, illumination from other positioned light fixtures shall continue to be restricted to the sign area.
6. 
Visors, baffles, shields or other directional control devices shall be used as necessary to eliminate any spill light and glare from light sources.
7. 
Illuminated signs shall be turned off between the hours of 10:00 p.m. and 7:00 a.m. the following morning, unless the business or uses advertised are open to the public later than 10:00 p.m. or earlier than 7:00 a.m., in which event any such establishment may keep a sign illuminated during business hours only.
b. 
Digital Sign Luminance Standards. Digital signs are subject to the general requirements of § 30-61.17a. However, should the Zoning Officer determine that a digital sign is exhibiting glare or blinding characteristics as described in § 30-61.17a1, testing may be required to assess whether a sign meets the following requirement. After testing, signs that do not meet these requirements will be required to address the recommendations of the Zoning Officer in order to satisfy the following maximum permitted luminance standards:
1. 
Residential Districts:
(a) 
Nighttime sign luminance shall not exceed 50 nits.
(b) 
Daytime sign luminance shall not exceed 3,000 nits.
2. 
Non-Residential Districts:
(a) 
Nighttime sign luminance shall not exceed 150 nits.
(b) 
Daytime sign luminance shall not exceed 3,000 nits.
c. 
Digital signs shall have a light sensing mechanism that will automatically adjust the brightness of the display as the natural ambient light conditions change to comply with the limits set forth herein.
d. 
Digital Sign Malfunction Protection. Digital signs are susceptible to malfunctions that can affect the display such that segments flash, pulse, increase in brightness and other erratic optical conditions. Therefore, all digital signs shall be equipped with a mechanism that turns off the display completely in the event of a malfunction until the malfunction is repaired.
[Added 6-9-2021 by Ord. No. 2021-20]
a. 
The Zoning Officer shall be the enforcing official.
b. 
Whenever a temporary sign is erected or maintained in violation of this section, the Zoning Officer may remove the same at any time without notice.
c. 
Whenever a temporary sign is erected or posted on public property in violation of this section, the same shall be considered litter and may be removed at any time.
d. 
Whenever a permanent sign is erected or maintained in violation of this section or any other provision of this chapter, or whenever in the opinion of the Zoning Officer any sign becomes unsafe or endangers the safety of a building or premises or the public safety, the Zoning Officer shall send a letter by certified mail to the owner of said sign and/or the owner of the premises on which the sign is located, ordering that such sign be brought into conformance or removed in accordance with the period set by the zoning officer. If the sign is not brought into conformity or removed, the Zoning Officer may cause the same to be removed at the expense of the owner of the sign and the owner of the premises on which the sign is located.
e. 
The City may cause any sign or sign structure to be removed summarily and without written notice at the expense of the owner of the sign and the owner of the premises on which the sign is located, if it is an immediate peril to persons or property by virtue of its construction or moorings.
[Added 6-9-2021 by Ord. No. 2021-20]
Whenever it is alleged that there has been an error in any order, action, decision, determination or requirement by an administrative official in the enforcement and application of any provision contained within this § 31-61 (including any allegation that an administrative official has failed to act within applicable time frame), the aggrieved party shall file a written appeal with the Board of Adjustment in accordance with the provisions of the Municipal Land Use Law, N.J.S.A. 40:550-70. The appellate decisions of the Board of Adjustment shall be deemed final, subject to judicial review as provided by law.
[Added 6-9-2021 by Ord. No. 2021-20]
Any person, firm or corporation who shall violate, disobey, omit, neglect or refuse to comply with any provision of this § 31-61 shall be, upon conviction thereof, liable for any penalties.
[Added 6-9-2021 by Ord. No. 2021-20]
Any permit issued prior to the effective date of the adoption of the sign regulations that comprise this § 31-61 shall remain valid until the earlier of the date that said permit expires by its own terms or one year after the effective date of the adoption of this section.[1]
[1]
Editor's Note: Adopted 6-9-2021 by Ord. No. 2021-20.
[Added 6-9-2021 by Ord. No. 2021-20]
a. 
Generally; severability where less speech results. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this § 31-61 is declared or held to be invalid or unconstitutional by any court of competent jurisdiction, such declaration or holding shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this § 31-61, even if such severability would result in less speech, whether by subjecting previously exempt signs to this section's permitting requirements, or otherwise.
b. 
Severability of provisions pertaining to billboards and other prohibited signs and sign types. Without diminishing or limiting in any way the declaration of severability set forth above or elsewhere in this § 31-61, this chapter or in any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this § 31-61 or any other law is declared or held to be unconstitutional or invalid by any court of competent jurisdiction, such declaration or holding shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term or word of this § 31-61 that pertains to prohibited signs, including, specifically, the prohibition on billboards and those signs and sign types prohibited and not allowed under § 30-61.2 of this section.
[2000 Code § 30-63; Ord. No. 2015-52, Ex. B]
No fence shall be erected in the City except upon issuance of a Zoning Permit certifying compliance with the following requirements.
[2000 Code § 30-63.3; Ord. No. 2015-52, Ex. B; amended 6-9-2021 by Ord. No. 2021-20]
a. 
Sightlines. Fences at all street intersections shall not be constructed to limit or obscure sight distance within the sight triangle of any street intersection.
b. 
Vegetative Barriers. Hedges and other landscaping shall not exceed four (4) feet in height between any building facade facing a public street and the streetline. For corner lots, a vegetative barrier, hedge or other landscaping is permitted in accordance with 30-63.3.c. In all cases, such landscaping shall not be located so as to conflict with paragraph a. above.
c. 
"Good Neighbor" Provision. Any fence type that has only one finished side shall be erected so that the finished side faces the street or any adjacent property.
d. 
Types of Fences Prohibited. No fence shall be constructed with barbed wire, razor wire, metal spikes other than decorative wrought iron style fences. Canvass or cloth fences, electrically charged fences, temporary fences except when used around construction sites, or expandable/collapsible fences shall be prohibited.
e. 
Maintenance. Every fence shall be erected in a professional, workmanlike manner and maintained in a safe, sound upright condition. Every fence shall be uniform in color and appearance. Posts shall be uniform in height where possible according to the topography and metal posts shall be capped.
f. 
Drainage. Retaining walls shall be designed and constructed so as not to block the flow of surface water and to permit adequate drainage.
[2000 Code § 30-63.1; Ord. No. 2015-52, Ex. B; amended 6-9-2021 by Ord. No. 2021-20]
Any fence erected on or after the effective date of this section shall be one of the following fence types, or equivalent thereto in the discretion of the Zoning Officer.
Examples of fences:
030 Fences1.tif
030 Fences2.tif
[2000 Code § 30-63.2; Ord. No. 2015-52, Ex. B; amended 6-9-2021 by Ord. No. 2021-20]
a. 
Fences are prohibited from being located within the public right-of-way. Any fence erected within a public right-of-way shall be removed by the property owner if its removal is required by the City.
b. 
In all zones, no fence or wall, of more than four (4) feet in height shall be erected between any building facade facing a public street and the streetline, except that for properties with frontage on two (2) parallel streets, a fence up to six (6) feet tall may be placed along the rear property line.
c. 
Fences on Corner Lots: Properties with frontage on two perpendicular streets are permitted to have a fence up to six feet in height along the property line that is coterminous with the street that faces the side of the principal building. The extent to which a fence may exceed four feet (and extend up to six feet) is limited to an area between the rear property line and a point created by a line starting from the rear building wall that is extended in parallel with the rear building wall to intersect with the street right-of-way. The maximum heights and for fences on corner lots is depicted below.
030 Corner Lot Fences.tif
d. 
Fencing for interior lots shall comply with maximum heights and styles shown below.
030 Interior Lot Fence.tif
e. 
Chain link, and solid fencing is prohibited for all street facing fences excluding alleys unless otherwise permitted by paragraph c above.
f. 
The maximum height for any fence or wall on a property shall be six (6) feet.
g. 
All fences shall be installed at least one (1) foot from any public street right-of-way, except alleys.
[2000 Code § 30-63.4; Ord. No. 2015-52, Ex. B]
In the event that a retaining wall is constructed or maintained within five (5) feet of a property line, any fence which is subsequently erected behind the retaining wall shall be set back five (5) feet from the top of the wall. The height of a fence placed as set forth herein shall be measured in the same manner as a fence erected on level ground.
[Added 6-9-2021 by Ord. No. 2021-21]
Pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-65i, this section is intended to preserve and protect the character of residential neighborhoods and commercial districts in the City in a manner consistent with their architectural history as set forth in the Historic Preservation Element of the Asbury Park Master Plan (1990) and the Asbury Park Master Plan (2017). The standards contained herein are designed to provide for new development and additions to existing structures that are consistent and complimentary to original homes and buildings. This section is also intended to provide design standards for non-residential and mixed-use development so as to preserve and enhance the built environment.
[Added 6-9-2021 by Ord. No. 2021-21]
The standards of this section shall apply to all residential historic districts, now or hereafter designated, and to all R1, R2, R3 and B zones, as shown on the Official Zoning Map, as amended.
[Added 6-9-2021 by Ord. No. 2021-21]
No porch or other architectural feature such as cornices, columns, dormer windows, railings, doors, etc., required under this section and present on an existing building in a historic district on the effective date of this section shall be removed unless it is replaced with same, if element is architecturally accurate, or replaced with construction to be in character with the building and historic district in which it is located and is replaced in accordance with the standards set forth herein. The architectural elements to be included will be based upon the building's style and structures of similar use already existing within the block fronts on either side of the street within which the site of the proposed construction is located. Existing historic buildings shall retain their distinguishing features as part of any renovation or building additions.
[Added 6-9-2021 by Ord. No. 2021-21]
In addition to the standards for height, bulk and yards set forth in § 30-67, the following standards shall be met:
a. 
Building Height. A new building to be constructed within a designated district as described in this section must have two (2) stories, unless more than fifty (50%) percent of the existing homes on the same block and facing the same street have less than two (2) stories.
b. 
Massing. A new building to be constructed within a designated district as described in this section must include a variety of structural or ornamental indentations and/or projections consistent with those present on at least fifty (50%) percent of the existing homes on the same block and facing the same street. At minimum, an open front porch, constructed of wood and with railings and trim consistent with other homes in the immediate neighborhood, shall be provided unless more than fifty (50%) percent of the existing homes on the same block and facing the same street have no front porch. Other examples of applicable recessed or projecting features include dormers, bay windows, turrets, recessed entrances, chimneys, etc. All porch and deck railings shall be thirty-six (36) inches in height or as otherwise required under the Uniform Construction Code (N.J.A.C. 5:23, et seq.) and shall include either square, cylindrical or lathed balusters spaced two (2) to four (4) inches apart (see illustration), or decorative railings made of wrought iron or other style and material compatible with Victorian Period architecture.
c. 
Roof Treatments. A new building to be constructed within a designated district as described in this section must be designed with at least one (1) roof type present on two (2) or more homes within the same block and facing the same street. In the event that two (2) or more adjoining lots become vacant within a block front, the home constructed on any individual lot must include a roof consistent with one (1) or more of the following: Gambrel, High or acute angle Gable, Mansard, or Hip. These roof types are illustrated below.
030 Roof Types.tif
d. 
Ornamentation. A new building to be constructed within a designated district as described in this section must be designed with at least one (1) type of ornamentation present on two (2) or more homes within the same block and facing the same street. In the event that two (2) or more adjoining lots become vacant within a block front, the home constructed on any individual lot must include ornamentation consistent with one (1) or more of the following: Palladian window or equivalent; cornices or sashes; small paned windows; door openings with fan and side windows; polygonal or cylindrical towers; stained glass windows; lathed balusters; etc. These examples are illustrated below.
030 Ornamentation.tif
e. 
Materials. A new building to be constructed within a designated district as described in this section must be designed with at least one (1) type of building material used for siding and roofing present on two (2) or more homes within the same block and facing the same street. In the event that two (2) or more adjoining lots become vacant within a block front, the home constructed on any individual lot must include a siding or roofing material consistent with one (1) or more of the following: clapboard or cedar shingle siding or equivalent; shingle roof - including slate shingles, if feasible; standing seam metal roofs; brick or stucco facades, etc. Some of these examples are illustrated in the composite illustration above.
f. 
Orientation. A building to be constructed within a designated district as described in this section must have the primary facade and front entrance of the principal structure facing the public sidewalk and street. Front/primary entrance doors are not permitted facing side yards. No blank walls shall face a street. Garage doors/openings are prohibited from facing the street unless located behind the rear building wall of the residence. The facade of an attached garage shall be offset behind the front building wall of the residence at least five (5) feet.
[Added 6-9-2021 by Ord. No. 2021-21]
In addition to the standards for height, bulk and yards set forth in § 30-67, the following standards shall be met:
a. 
Design of Additions. An addition to an existing home within a designated district shall be limited to the side or rear yard and should use common or visually related materials to those comprising the existing principal building. The pitch of new roofs may vary from the pitch of existing roofs. The same standards for ornamentation for new construction shall be applied to additions to existing buildings. The architecture of any new addition shall be compatible with the architecture and overall composition of building elements exhibited in the existing principal building. Safety railings for new decks and porches shall conform with § 30-64.4b.
[Added 6-9-2021 by Ord. No. 2021-21]
Any building to be constructed on any vacant lot shall include design features typical of the neighborhood or zoning district in which the property is situated. Such design features shall include the height of the building, its massing, roof treatment, ornamentation and building materials. The Zoning Officer shall review applications for the development of residences on vacant properties to determine whether the provisions of § 30-64 are satisfied.
[Added 6-9-2021 by Ord. No. 2021-21]
Commercial and mixed use buildings are required to be oriented to the primary street on which they have frontage and designed to incorporate building scale and massing that is compatible with a walkable environment. This includes a building's height, setback, facade composition, fenestration and materials. Such features should be compatible with and complement the historic architectural styles prevalent in the City's business districts and create a visually appealing streetscape.