City of Asbury Park, NJ
Monmouth County
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Table of Contents
Table of Contents
[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]
Appropriate outdoor lighting shall be provided where necessary for the safety of pedestrians. Outdoor lighting and illuminated signs shall be shielded so that such lighting will not adversely affect abutting property or streets.
[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]
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 provided in Schedule 1.
[2000 Code § 30-57.6]
See § 30-59.
[2000 Code § 30-57.7]
See § 30-61.
[2000 Code § 30-57.8]
See § 30-63.
[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]
a. 
It shall be unlawful to damage, destroy or remove any street tree in the City without approval of the Asbury Park Shade Tree Commission. 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 Ordinance.
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 (3) 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 required which shall show the location of existing and proposed street trees. Trees shall either be massed at critical points or spaced evenly along the street, or both. When trees are planted at predetermined intervals along streets, spacing shall depend on tree size as follows:
Tree Size
Planting Interval
Large trees (40' high or higher)
50—60 feet apart
Medium sized trees (30'—40')
40—50 feet apart
Small trees (to 30' in height)
30—40 feet apart
2. 
Tree type. Tree type may vary depending on the overall effect desired, but as a general rule, all trees shall be of similar type (e.g. open vs. dense foliage) and height as the predominant species found in the immediate area, except to achieve special effects. Exclusive use of one (1) species should be avoided to prevent the spread of pest or disease infestation. Selection of tree type 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 Planning Board. Every reviewing authority shall request comments from the Shade Tree Commission pertaining to tree selection, size and location.
3. 
Planting specifications. All trees shall have a caliper of three (3) inches, measured six (6) inches from the base of the trunk. 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.
d. 
Planting Requirements for Urban Conditions.
1. 
Applicability. These requirements shall apply to areas within sites where more than fifty (50%) percent of the ground surface is paved and/or where pedestrian traffic is too intense to allow grass to grow.
2. 
Root zone size requirements. At the time of planting, a prepared root zone shall be provided at a minimum width equal to one (1) foot for every five (5) feet of canopy width projected for the tree at maturity.
3. 
Soil mixture. The soil mixture for trees planted under the applicable conditions described herein shall contain not less than fifty (50%) percent porous aggregate such as an expanded slate material. Sufficient loam and organic material shall be included in the mixture to sustain plain nutrients and protect against chemical changes within the soil.
4. 
Drainage requirements. A drainage system consisting of horizontally laid one-inch minimum diameter perforated pvc pipe shall be installed at least 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 shall be covered with either a monolithic pervious pavement, open jointed pavers or metal air vent grills to prevent soil compaction and to permit penetration of air and water. Where possible, the surface material shall have a diameter equal to one-half (1/2) the mature height of the species being planted, but shall not be less than the area of the prepared root zone as is required in this chapter.
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.
[Ord. No. 2803 § 58.1]
a. 
Policy Statement. Flood control, groundwater recharge, and pollutant reduction through nonstructural or low impact techniques shall be explored before relying on structural best management practices ("BMPs"). Structural BMPs should be integrated with nonstructural stormwater management strategies and proper maintenance plans. Nonstructural strategies include both environmentally sensitive site design and source controls that prevent pollutants from being placed on the site or from being exposed to stormwater. Pollution control plans should be developed based upon physical site conditions and the origin, nature, and the anticipated quantity or amount of potential pollutants. Multiple stormwater management BMP's may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge.
b. 
Purpose. It is the purpose of this section to establish minimum stormwater management requirements and controls for "major development," as defined herein.
c. 
Applicability.
1. 
This section shall be applicable to all of the following major development projects subject to municipal review:
(a) 
Non-residential major developments; and
(b) 
Aspects of residential major developments that are not preempted by the Residential Site Improvement Standards at N.J.A.C. 5:21.
2. 
This section shall also be applicable to all major developments undertaken by 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. 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.
[Ord. No. 2803 § 30-58.2]
For the purpose of this section (only), the following words or phrases shall have the meanings indicated. Unless specifically defined below, words or phrases used in this section shall be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application. 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.
BMP or BMPs
shall mean best management practice(s).
CAFRA PLANNING MAP
shall mean the geographic depiction of the boundaries for Coastal Planning Areas, CAFRA Centers, CAFRA Cores and CAFRA Nodes pursuant to N.J.A.C. 7:7E-5B.3.
CAFRA CENTERS, CORES OR NODES
shall mean those areas within boundaries accepted by the Department pursuant to N.J.A.C. 7:8E-5B.
COMPACTION
shall mean the increase in soil bulk density.
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 Board of Chosen Freeholders to review municipal stormwater management plans and implementing ordinance(s). The county review agency may either be:
(1) 
A county planning agency; or
(2) 
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 New Jersey 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.
DEVELOPMENT
shall mean the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or structure, any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, by any person, 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 lands, development shall mean: 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.
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.
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; habitat 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.
EMPOWERMENT NEIGHBORHOOD
shall mean a neighborhood 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.
EROSION
shall mean the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
HIGH POLLUTANT LOADING AREAS
shall mean 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.
INFILTRATION
shall mean the process by which water seeps into the soil from precipitation.
MAJOR DEVELOPMENT
shall mean any "development" that provides for ultimately disturbing one or more acres of land. Disturbance for the purpose of this rule is the placement of impervious surface or exposure and/or movement of soil or bedrock or clearing, cutting, or removing of vegetation.
MUNICIPALITY
shall mean the City of Asbury Park.
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.
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.
REVIEW AGENCY (MUNICIPAL)
shall mean the municipal body or official that is responsible for the review of a major development project for compliance with the stormwater management requirements.
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.
SOLID AND FLOATABLE MATERIALS
shall mean sediment, debris, trash, and other floating, suspended, or settleable solids.
SOURCE MATERIAL
shall mean 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.
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 be defined as 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 RUNOFF
shall mean water flow on the surface of the ground or in storm sewers, resulting from precipitation.
STORMWATER MANAGEMENT BASIN
shall mean an excavation or embankment and related areas designed to retain stormwater runoff. A stormwater management basin may either be normally dry (that is, a detention basin or infiltration basin), 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 structural or nonstructural strategy, 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.
TIDAL FLOOD HAZARD AREA
shall mean a flood hazard area, which may be influenced by stormwater runoff from inland areas, but which is primarily caused by the Atlantic Ocean.
TIME OF CONCENTRATION
shall be defined as the time it takes for runoff to travel from the hydraulically most distant point of the watershed to the point of interest within a watershed.
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
shall mean a neighborhood given priority access to State resources through the New Jersey Redevelopment Authority.
URBAN ENTERPRISE ZONE
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
is defined as previously developed portions of areas:
(1) 
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan Planning Area (PA1), Designated Centers, Cores or Nodes;
(2) 
Designated as CAFRA Centers, Cores or Nodes;
(3) 
Designated as Urban Enterprise Zones; and
(4) 
Designated as Urban Coordinating Council Empowerment Neighborhoods.
WATERS OF THE STATE
shall mean the ocean and its estuaries, all springs, streams, wetlands, and bodies of surface or ground water, 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.
[Ord. No. 2803 § 30-58.3]
a. 
Design and Performance Standards for Stormwater Management Measures.
1. 
Stormwater management measures for major development shall be developed to meet the erosion control, groundwater recharge, stormwater runoff quantity, and stormwater runoff quality standards in § 30-58.4. To the maximum extent practicable, these standards shall be met by incorporating nonstructural stormwater management strategies into the design. If these strategies alone are not sufficient to meet these standards, structural stormwater management measures necessary to meet these standards shall be incorporated into the design.
2. 
The standards in this § 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.
[Ord. No. 2803 § 30-58.4]
a. 
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 30-58.10.
b. 
Stormwater management measures shall avoid adverse impacts of concentrated flow on habitat for threatened and endangered species as documented in the Department's Landscape Project or Natural Heritage Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly Helonias bullata (swamp pink) and/or Clemmys muhlnebergi (bog turtle).
c. 
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of § 30-58.4f and g:
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 fourteen (14) feet, provided that the access is made of permeable material.
d. 
A waiver from strict compliance from the groundwater recharge, stormwater runoff quantity, and stormwater runoff quality requirements of § 30-58.4f and g 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 nonstructural and structural stormwater management strategies and measures, the option selected complies with the requirements of & and g to the maximum extent practicable;
3. 
The applicant demonstrates that, in order to meet the requirements of § 30-58.4f and g, 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 § 30-58.4f and g that § 30-58.4f were not achievable on-site.
e. 
Nonstructural Stormwater Management Strategies.
1. 
To the maximum extent practicable, the standards in § 30-58.4f and g shall be met by incorporating nonstructural stormwater management strategies set forth at § 30-58.4e into the design. The applicant shall identify the nonstructural measures incorporated into the design of the project. If the applicant contends that it is not feasible for engineering, environmental, or safety reasons to incorporate any nonstructural stormwater management strategies identified in § 30-58.4e2 below into the design of a particular project, the applicant shall identify the strategy considered and provide a basis for the contention.
2. 
Nonstructural stormwater management strategies incorporated into site design shall:
(a) 
Protect areas that provide water quality benefits or areas particularly susceptible to erosion and sediment loss;
(b) 
Minimize impervious surfaces and break up or disconnect the flow of runoff over impervious surfaces;
(c) 
Maximize the protection of natural drainage features and vegetation;
(d) 
Minimize the decrease in the "time of concentration" from pre-construction to post construction;
(e) 
Minimize land disturbance including clearing and grading;
(f) 
Minimize soil compaction;
(g) 
Provide low-maintenance landscaping that encourages retention and planting of native vegetation and minimizes the use of lawns, fertilizers and pesticides;
(h) 
Provide vegetated open-channel conveyance systems discharging into and through stable vegetated areas;
(i) 
Provide other source controls to prevent or minimize the use or exposure of pollutants at the site, in order to prevent or minimize the release of those pollutants into stormwater runoff. Such source controls include, but are not limited to:
(1) 
Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy § 30-58.4e3 below;
(2) 
Site design features that help to prevent discharge of trash and debris from drainage systems;
(3) 
Site design features that help to prevent and/or contain spills or other harmful accumulations of pollutants at industrial or commercial developments; and
(4) 
When establishing vegetation after land disturbance, applying fertilizer in accordance with the requirements established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39, et seq., and implementing rules.
3. 
Site design features identified under § 30-58.4e2i(2) above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For exemptions to this standard see § 30-58.4e3c below.
(a) 
Design engineers shall use either 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:
(1) 
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in § 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
(2) 
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 inches across the smallest dimension.
(b) 
Whenever design engineers use a curb-opening inlet, 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.
(c) 
This standard does not apply:
(1) 
Where the review agency determines that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
(2) 
Where flows from the water quality design storm as specified in § 30-58.4g1 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:
(i) 
A rectangular space four and five-eighths inches long and one and one-half inches wide (this option does not apply for outfall netting facilities); or
(ii) 
A bar screen having a bar spacing of 0.5 inches.
(3) 
Where flows are conveyed through a trash rack that has parallel bars with one-inch (1") spacing between the bars, to the elevation of the water quality design storm as specified in § 30¬58.4g1; or
(4) 
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.
4. 
Any land area used as a nonstructural stormwater management measure to meet the performance standards in Sections 30-58.4f and 30-58.4g shall be dedicated to a government agency, subjected to a conservation restriction filed with the Monmouth County Clerk's office, or subject to an approved equivalent restriction that ensures that measure or an equivalent stormwater management measure approved by the reviewing agency is maintained in perpetuity.
5. 
Guidance for nonstructural stormwater management strategies is available in the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in § 30-58.7, or found on the Department's website at www.njstormwater.org.
f. 
Erosion Control, Groundwater Recharge and Runoff Quantity Standards.
1. 
This subsection contains minimum design and performance standards to control erosion, encourage and control infiltration and groundwater recharge, and control stormwater runoff quantity impacts of major development.
(a) 
The minimum design and performance standards for erosion control are those established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39, et seq., and implementing rules.
(b) 
The minimum design and performance standards for groundwater recharge are as follows:
(1) 
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 30-58.5, either:
(i) 
Demonstrate through hydrologic and hydraulic analysis that the site and its stormwater management measures maintain one hundred (100%) percent of the average annual pre-construction groundwater recharge volume for the site; or
(ii) 
Demonstrate through hydrologic and hydraulic analysis that the increase of stormwater runoff volume from pre-construction to post-construction for the two-year storm is infiltrated.
(2) 
This groundwater recharge requirement does not apply to projects within the "urban redevelopment area," or to projects subject to (3) below.
(3) 
The following types of stormwater shall not be recharged:
(i) 
Stormwater from areas of high pollutant loading as defined in § 30-58.2; and
(ii) 
Industrial stormwater exposed to "source material" as defined in § 30-58.2.
(4) 
The design engineer shall assess the hydraulic impact on the groundwater table and design the site so as to avoid adverse hydraulic impacts. Potential adverse hydraulic impacts include, but are not limited to, exacerbating a naturally or seasonally high water table so as to cause surficial ponding, flooding of basements, or interference with the proper operation of subsurface sewage disposal systems and other subsurface structures in the vicinity or downgradient of the groundwater recharge area.
(c) 
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:
(1) 
Demonstrate through hydrologic and hydraulic analysis that for stormwater leaving the site, post-construction runoff hydrographs for the two, 10, and 100-year storm events do not exceed, at any point in time, the pre-construction runoff hydrographs for the same storm events;
(2) 
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 two, 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;
(3) 
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 percent, 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. The percentages shall not be applied to post-construction stormwater runoff into tidal flood hazard areas if the increased volume of stormwater runoff will not increase flood damages below the point of discharge; or
(4) 
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with (1), (2) and (3) above shall only be applied if the increased volume of stormwater runoff could increase flood damages below the point of discharge.
g. 
Stormwater Runoff Quality Standards.
1. 
Stormwater management measures shall be designed to reduce the post-construction load of total suspended solids ("TSS") in stormwater runoff by 80 percent of the anticipated load from the developed site, expressed as an annual average. Stormwater management measures shall only be required for water quality control if an additional 1/4 acre of impervious surface is being proposed on a development site. 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 Pollution Discharge Elimination System ("NJPDES") rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. 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 1. The calculation of the volume of runoff may take into account the implementation of non-structural and structural stormwater management measures.
Table 1: Water Quality Design Storm Distribution
Time
(Minutes)
Cumulative Rainfall
(Inches)
Time
(Minutes)
Cumulative Rainfall
(Inches)
0
0.0000
65
0.8917
5
0.0083
70
0.9917
10
0.0166
75
1.0500
15
0.0250
80
1.0840
20
0.0500
85
1.1170
25
0.0750
90
1.1500
30
0.1000
95
1.1750
35
0.1330
100
1.2000
40
0.1660
105
1.2250
45
0.2000
110
1.2334
50
0.2583
115
1.2417
55
0.3583
120
1.2500
60
0.6250
2. 
For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMP's designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in § 7, or found on the Department's website at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in § 7. TSS reduction shall be calculated based on the removal rates for the BMP's in Table 2 below. Alternative removal rates and methods of calculating removal rates may be used if the design engineer provides documentation demonstrating the capability of these alternative rates and methods to the review agency. A copy of any approved alternative rate or method of calculating the removal rate shall be provided to the Department at the following address: Division of Watershed Management, New Jersey Department of Environmental Protection, P.O. Box 418, Trenton, New Jersey, 08625-0418.
3. 
If more than one BMP in series is necessary to achieve the required eighty (80%) percent TSS reduction for a site, the applicant shall utilize the following formula to calculate TSS reduction:
R = A + B — (AXB)/100
Where
R = total TSS percent load removal from application of both BMPs, and
A = the TSS percent removal rate applicable to the first BMP
B = the TSS percent removal rate applicable to the second BMP
Table 2: TSS Removal Rates for BMPs
Best Management Practice
TSS Percent Removal Rate
Bioretention Systems
90
Constructed Stormwater Wetland
90
Extended Detention Basin
40-60
Infiltration Structure
80
Manufactured Treatment Device
See Subsection 30-58.6
Sand Filter
80
Vegetative Filter Strip
60-80
Wet Pond
50-90
4. 
If there is more than one on-site drainage area, the eighty (80%) percent TSS removal rate shall apply to each drainage area, unless the runoff from the subareas converge on site in which case the removal rate can be demonstrated through a calculation using a weighted average.
5. 
Stormwater management measures shall also be designed to reduce, to the maximum extent practicable, the post-construction nutrient load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent practicable, the design of the site shall include nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in Sections 4B and 4C. This standard may be superseded by a more stringent numeric effluent limitation imposed under the New Jersey Pollution Discharge Elimination System ("NJPDES") rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Daily limits for nutrient loading ("TMDL") may apply to the site development based on conditions of regulatory approvals.
6. 
Additional information and examples of structural stormwater measures are contained in the New Jersey Stormwater Best Management Practices Manual, which may be obtained from the address identified in § 30-58.7.
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. 
Special water resource protection areas shall be established along all waters designated Category One at N.J.A.C. 7:9B, and perennial or intermittent streams that drain into or upstream of the Category One waters as shown on the USGS Quadrangle Maps or in the County Soil Surveys, within the associated HUC 14 drainage area. These areas shall be established for the protection of water quality, aesthetic value, exceptional ecological significance, exceptional recreational significance, exceptional water supply significance, and exceptional fisheries significance of those established Category One waters. These areas shall be designated and protected as follows:
(a) 
The applicant shall preserve and maintain a special water resource protection area in accordance with one of the following:
(1) 
A 300-foot special water resource protection area shall be provided on each side of the waterway, measured perpendicular to the waterway from the top of the bank outwards or from the center line of the waterway where the bank is not defined, consisting of existing vegetation or vegetation allowed to follow natural succession is provided.
(2) 
Encroachment within the designated special water resource protection area under Subsection (1) above shall only be allowed where previous development or disturbance has occurred (for example, active agricultural use, parking area or maintained lawn area). The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable. In no case shall the remaining special water resource protection area be reduced to less than one hundred fifty (150) feet as measured perpendicular to the top of bank of the waterway or center line of the waterway where the bank is undefined. All encroachments proposed under this subparagraph shall be subject to review and approval by the Department.
(b) 
All stormwater shall be discharged outside of and flow through the special water resource protection area and shall comply with the Standard for Off-Site Stability in the "Standards For Soil Erosion and Sediment Control in New Jersey," established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39, et seq.
(c) 
If stormwater discharged outside of and flowing through the special water resource protection area cannot comply with the Standard For Off-Site. Stability in the "Standards for Soil Erosion and Sediment Control in New Jersey," established under the Soil Erosion and Sediment Control Act, N.J.S.A. 4:24-39, et seq., then the stabilization measures in accordance with the requirements of the above standards may be placed within the special water resource protection area, provided that:
(1) 
Stabilization measures shall not be placed within one hundred fifty (150) feet of the Category One waterway;
(2) 
Stormwater associated with discharges allowed by this section shall achieve a ninety-five (95%) percent TSS post-construction removal rate;
(3) 
Temperature shall be addressed to ensure no impact on the receiving waterway;
(4) 
The encroachment shall only be allowed where the applicant demonstrates that the functional value and overall condition of the special water resource protection area will be maintained to the maximum extent practicable;
(5) 
A conceptual project design meeting shall be held with the appropriate Department staff and Soil Conservation District staff to identify necessary stabilization measures; and
(6) 
All encroachments proposed under this section shall be subject to review and approval by the Department.
(d) 
A stream corridor protection plan may be developed by a regional stormwater management planning committee as an element of a regional stormwater management plan, or by a municipality through an adopted municipal stormwater management plan. If a stream corridor protection plan for a waterway subject to § 30-58.4g8 has been approved by the Department of Environmental Protection, then the provisions of the plan shall be the applicable special water resource protection area requirements for that waterway. A stream corridor protection plan for a waterway subject to § 30-58.4g8 shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in § 30-58.4g8(a)(1) above. In no case shall a stream corridor protection plan allow the reduction of the Special Water Resource Protection Area to less than 150 feet as measured perpendicular to the waterway subject to this subsection.
(e) 
§ 30-58.4g8 does not apply to the construction of one individual single family dwelling that is not part of a larger development on a lot receiving preliminary or final subdivision approval on or before February 2, 2004, provided that the construction begins on or before February 2, 2009.
[Ord. No. 2803 § 30-58.5]
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 the NRCS National Engineering Handbook § 4 — Hydrology and Technical Release 55 — Urban Hydrology for Small Watersheds or superseding document; or
(b) 
The Rational Method for peak flow and the Modified Rational Method for hydrograph computations.
2. 
When selecting or calculating runoff coefficients for pre-developed project site conditions using any of the above methods, the project site's land cover shall be assumed to be woods. However, another land cover may be used to calculate runoff coefficients if: 1) such land cover has existed at the site or portion thereof site without interruption for at least five years immediately prior to the time of application; and 2) the design engineer can document the character and extent of such land cover through the use of photographs, affidavits, and/or other acceptable land use records. If more than one land cover other than woods has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential (including woods) shall be used for the computations. All pre-developed land covers shall be assumed to be in good hydrologic condition and, if cultivated, shall be assumed to have applied appropriate conservation practices.
3. 
In calculating pre-developed site stormwater runoff, the design engineer shall include the effects of all land features and structures, such as ponds, wetlands, depressions, hedgerows and culverts, that reduce pre-developed site stormwater runoff rates and/or volumes.
4. 
In calculating stormwater runoff using the NRCS methodology, the design engineer shall use appropriate twenty-four-hour rainfall depths as developed for the project site by the National Oceanic and Atmospheric Administration.
5. 
In calculating stormwater runoff using the NRCS methodology, the design engineer shall separately calculate and then combine the runoff volumes from pervious and directly connected impervious surfaces within a drainage area.
6. 
Calculation of stormwater runoff from unconnected impervious surfaces shall be based, as applicable, upon the Two-Step methodology as described in the Department's current Stormwater Best Management Practices Manual or the NRCS methodology described in the current Technical Release 55 — Urban Hydrology for Small Watersheds.
b. 
Groundwater recharge may be calculated in accordance with the following:
1. 
The New Jersey Geological Survey Report GSR-32 A Method for Evaluating Ground-Water Recharge Areas in New Jersey, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the New Jersey Stormwater Best Management Practices Manual; at http://www.state.nj.us/dep/njgs/; or at New Jersey Geological Survey, 29 Arctic Parkway, P.O. Box 427 Trenton, New Jersey 08625-0427; (609) 984-6587.
[Ord. No. 2803 § 30-58.6]
a. 
Standards for structural stormwater management measures are as follows:
1. 
Structural stormwater management measures shall be designed to take into account the existing site conditions, including, for example, environmentally critical areas, wetlands; flood-prone areas; slopes; depth to seasonal high water table; soil type, permeability and texture; drainage area and drainage patterns.
2. 
Structural 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 (1) 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 (1/3) the width of the diameter of the orifice or one-third (1/3) the width of the weir, with a minimum spacing between bars of one-inch and a maximum spacing between bars of six (6) inches. In addition, the design of trash racks must comply with the requirements of § 30-58.8d.
3. 
Structural 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. 
At the intake to the outlet from the stormwater management basin, the orifice size shall be a minimum of two and one-half (2 1/2) inches in diameter.
5. 
Stormwater management basins shall be designed to meet the minimum safety standards for stormwater management basins at § 30-58.8.
6. 
Where tailwater will affect the hydraulic performance of a stormwater management measure, the design engineer shall include such effects in the measure's design.
b. 
Stormwater management measure guidelines are available in the New Jersey Stormwater Best Management Practices Manual. Other stormwater management measures may be utilized provided the design engineer demonstrates that the proposed measure and its design will accomplish the required water quantity, groundwater recharge and water quality design and performance standards established by § 30-58.4 of this section.
c. 
Manufactured treatment devices may be used to meet the requirements of § 30-58.4 of this §, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department.
[Ord. No. 2803 § 30-58.7]
a. 
Technical guidance for stormwater management measures can be found in the documents listed at 1 and 2 below, which are available from Maps and Publications, New Jersey Department of Environmental Protection, 428 East State Street, P.O. Box 420, Trenton, New Jersey, 08625; telephone (609) 777-1038.
1. 
Guidelines for stormwater management measures are contained in the New Jersey Stormwater Best Management Practices Manual, as amended. Information is provided on stormwater management measures such as: bioretention systems, constructed stormwater wetlands, dry wells, extended detention basins, infiltration structures, manufactured treatment devices, pervious paving, sand filters, vegetative filter strips, and wet ponds.
2. 
The New Jersey Department of Environmental Protection Stormwater Management Facilities Maintenance Manual, as amended.
b. 
Additional technical guidance for stormwater management measures can be obtained from the following:
1. 
The "Standards for Soil Erosion and Sediment Control in New Jersey" promulgated by the State Soil Conservation Committee and incorporated into N.J.A.C. 2:90. Copies of these standards may be obtained by contacting the State Soil Conservation Committee or any of the Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of the Freehold Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey 08625; (609) 292¬5540;
2. 
The Rutgers Cooperative Extension Service, (732) 932-9306; and
3. 
The Soil Conservation Districts listed in N.J.A.C. 2:90-1.3(a)4. The location, address, and telephone number of each Soil Conservation District may be obtained from the State Soil Conservation Committee, P.O. Box 330, Trenton, New Jersey, 08625, (609) 292-5540.
[Ord. No. 2803 § 30-58.8]
a. 
This section sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This section applies to any new stormwater management basin.
b. 
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 basin to ensure proper functioning of the basin outlets in accordance with the following:
(a) 
The trash rack shall have parallel bars, with no greater than six (6) 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 two and one-half (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.
(d) 
The trash rack shall be constructed and installed to be rigid, durable, and corrosion resistant, and shall be designed to withstand a perpendicular live loading of three hundred (300) lbs/ft sq.
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 three hundred (300) lbs./ft sq.
3. 
For purposes of this subsection 3, escape provisions shall mean the permanent installation of ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. Stormwater management basins shall include escape provisions as follows:
(a) 
If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. With the prior approval of the reviewing agency identified in § 30-58.8c 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 basins having a permanent pool of water deeper than two and one-half feet. Such safety ledges shall be comprised of two steps. Each step shall be four (4) to six (6) feet in width. One step shall be located approximately two and one-half (2.5) 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 § 30-58.8d for an illustration of safety ledges in a stormwater management basin.
(c) 
In new stormwater management basins, the maximum interior slope for an earthen dam, embankment, or berm shall not be steeper than 3 horizontal to 1 vertical.
c. 
Variance or Exemption from Safety Standards.
1. 
A variance or exemption from the safety standards for stormwater management basins may be granted only upon a written finding by the appropriate reviewing agency (municipality, county or Department) that the variance or exemption will not constitute a threat to public safety.
d. 
Illustration of Safety Ledges in a New Stormwater Management Basin:
030 Elevation View.tif
[Ord. No. 2803 § 30-58.9]
a. 
The information in Paragraphs 1 through 7 below shall be provided unless a waiver is approved through Paragraph 8 below:
1. 
Existing Site Conditions Base Map, including topography, streams, roads and current built environment. 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 three hundred (300) feet beyond the limits of the proposed development, at a scale appropriate to show site details, showing two-foot contour intervals.
2. 
Environmental Site Analysis: A written and graphic description of the natural and man-made features of the site and its environs. 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 critical areas and to those that provide particular opportunities or constraints for development.
3. 
Project Description and Site Plan(s): A map (or maps) at a scale appropriate for the site 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 occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high ground water elevations. A written description of the site plan and justification of proposed changes in natural conditions may also be provided.
4. 
Stormwater Site Planning and Design Summary: This plan shall provide a demonstration of how the goals and standards of Sections 30-58.3 through 30¬58.6 are being met, including both nonstructural and structural approaches. The focus of this plan shall be to describe how the site is being managed or developed to meet the objective of controlling ground water recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible. Refer to the Municipal Stormwater Management Plan and/or the Municipal Stormwater Pollution Prevention Plan for additional requirements. It should explain in full the maps required by this section.
5. 
Stormwater Management Facilities Map(s): The following information, illustrated on a map at a scale appropriate for the site, shall be included:
(a) 
Total area to be paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, land area to remain in natural vegetation, and details of the proposed plan to infiltrate, manage, 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 and discharge stability calculations for the pre-development and post-development conditions for the design storms specified in § 30-58.4.
(b) 
When the proposed stormwater management control measures (e.g., infiltration basins) depend on the hydrologic properties of soils, then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure. The municipality shall be notified of site investigation activities and given the opportunity to have a witness, either prior to approval or as a condition of approval, as appropriate for the specific type of measure. Subsequent to approval of the major development, post-construction bulk soil density and infiltration testing shall be required for all infiltration measures that were used as justification for meeting the recharge standard, to ensure that they were properly constructed.
7. 
Maintenance and Repair Plan: The design and planning of the stormwater management facility shall meet the maintenance requirements of § 30-58.10.
8. 
Waiver from Submission Requirements: The review agency may, in consultation with the municipal engineer, waive submission of any of the requirements in Paragraphs 1 through 6 above when it can be demonstrated that the information requested is impossible to obtain or it would create a significant economic hardship on the applicant to obtain and its absence will not materially affect the review process.
[Ord. No. 2803 § 30-58.10]
a. 
Applicability.
1. 
Projects subject to review as in § 30-58.1c of this § shall comply with the requirements of Sections 30-58.10b and 10c.
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). Maintenance guidelines for stormwater management measures are available in the New Jersey Stormwater Best Management Practices Manual. If the maintenance plan identifies a person other than the developer (for example, a public agency or homeowners' association) as having the responsibility for maintenance, the plan shall include documentation of such person's agreement to assume this responsibility, or of the developer's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation.
3. 
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.
4. 
If the person responsible for maintenance identified under Subsection 2 above is not a public agency, the maintenance plan and any future revisions based on Subsection 7 below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
5. 
Preventative and corrective maintenance shall be performed to maintain the function of the stormwater management measure, including repairs or replacement to the structure; removal of sediment, debris, or trash; restoration of eroded areas; snow and ice removal; fence repair or replacement; restoration of vegetation; and repair or replacement of nonvegetated linings.
6. 
The person responsible for maintenance identified under Subsection 2 above shall 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.
7. 
The person responsible for maintenance identified under Subsection 2 above shall evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed.
8. 
The person responsible for maintenance identified under Subsection 2 above shall 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 paragraphs 6 and 7 above.
9. 
The requirements of paragraphs 3 and 4 above do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.
10. 
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 thirty (30) days to effect maintenance and repair of the facility in a manner that is approved by the municipal engineer or his designee. The municipality, in its discretion, may extend the time allowed for effecting maintenance and repair for good cause. If the responsible person fails or refuses to perform such maintenance and repair, the municipality or County may immediately proceed to do so and shall bill the cost thereof to the responsible person.
c. 
Nothing in this section 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.
[Ord. No. 2803 § 30-58.11]
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 five hundred ($500.00) 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 one thousand five hundred ($1500.00) 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 § shall be subject to the following penalties: (i) the City will first send the owner a thirty (30)-day written notice of the reporting requirement; (ii) a five hundred ($500.00) 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 one thousand five hundred ($1500.00) dollar 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.
[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]
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
2. 2 or more bedrooms
2 parking spaces
d. Planned Residential Development
2 parking spaces per dwelling unit
e. (Reserved)
f. (Reserved)
g. (Reserved)
h. Commercial Use.
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:
Commercial Uses
Parking Requirement
(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 working 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]
Reasonable and appropriate off-street parking requirements for buildings and uses not specifically provided for shall be determined by the Development Coordinator, 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]
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 nineteen (19) 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, h2b, h2d, i, p, q, s, t and u provided that:
(a) 
Not more than thirty-five (35%) 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. 
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
9.0
12
7.5
12
9.5
12
60
8.5
18
9.0
16
9.5
15
7.5
14
75
8.5
22
9.0
21
9.5
20
7.5
17
90
8.5
24
9.0
23
9.5
22
7.5
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 Subsection d1 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.
e. 
Where parking stalls of different dimensions share the same aisle, the parking stall requiring the greater aisle width shall govern.
f. 
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.
g. 
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.
h. 
The provisions of paragraphs c, d, e and f 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]
a. 
All off-street parking and loading areas of five (5) or more spaces, located between a building or use and the street on which it fronts, shall be separated from the street with a buffer strip. The buffer strip shall be a minimum of ten (10) feet in width and landscaped with trees and shrubs to provide for driver and pedestrian safety and to improve the appearance of the parking area.
b. 
All uses permitted in residence zones with off-street parking of five (5) or more spaces shall provide a buffer strip, a minimum of five (5) feet in width, on all sides which abut a residence zone or use permitted in a residence zone.
c. 
All 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. The size, location and frequency of planting islands shall be subject to the approval of the Planning Board.
d. 
The treatment of the buffer strips and planting islands shall be subject to the approval of the Planning Board. All buffer strips and planting islands must be kept free of rubbish and maintained to the satisfaction of the Zoning Officer.
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 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]
Freestanding parking structures where permitted in Sections 30-69 and 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 Figure 1 of Schedule 1, 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 center line forms the zone boundary of an R3, R2 or R1 Zone. The area between the structure and the street line 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 street line 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 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.
[2000 Code § 30-61.1]
The purposes of these sign regulations are: to encourage the effective use of signs as a means of communication in the City; to maintain and enhance the aesthetic environment and the City's ability to attract sources of economic development; to improve pedestrian and vehicular traffic safety; to minimize the possible adverse effect of signs on nearby public and private property; and, to enable the fair and consistent enforcement of these sign regulations.
[2000 Code § 30-61.2; Ord. No. 2831 § 2]
A sign may be erected, placed, established, painted, created, or maintained in the City only in conformance with standards, procedures, exceptions, and other requirements of this chapter. The effect of these regulations as more specifically set forth herein, is:
a. 
To establish a permit system to allow a variety of types of signs in nonresidential zones, and a limited variety of signs in residential zones, subject to the standards and permit procedures of this chapter;
b. 
To allow certain signs that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this chapter, but without a requirement for permits;
c. 
To prohibit all signs not expressly permitted by this chapter;
d. 
To provide for the enforcement of the provisions of this chapter.
e. 
No sign shall be allowed which obstructs the view or vehicle operators or pedestrians or interferes with any portion of intersection sight triangles.
[2000 Code § 30-61.3]
Signs prohibited in all zones shall specifically include, but not be limited to, the following:
a. 
Any sign which does not pertain to an occupant, service, or product actually occupying or provided on the premises where such sign is located.
b. 
Signs which project more than five (5) feet from the wall to which they are attached.
c. 
Roof signs and signs extending above the wall to which they are attached.
d. 
Signs posted on fences, posts, utility poles or trees.
e. 
Signs posted on Municipal property without the consent of the Governing Body.
f. 
Signs standing, installed or painted on sidewalks or curbs.
g. 
Exterior moving signs of any nature.
h. 
Signs on bridges, abutments, retaining walls, embankments, standpipes, water towers or similar structures unless approved by the Governing Body.
i. 
Signs painted directly on buildings.
j. 
Commercial outdoor advertising signs (billboards).
k. 
Signs on accessory buildings.
l. 
Pylon signs except as otherwise permitted in this section.
m. 
Signs which flash or make noise.
n. 
Signs which imitate official traffic signs or signals, or which otherwise constitute a hazard to the traveling public.
o. 
Portable signs or "sandwich signs" except as used by non-auto related commercial establishments authorized to serve customers out of doors, such as with an outdoor cafe, produce stand or newsstand. Portable signs used in such a way shall be limited to three (3) square feet in size and shall be placed so as not to interfere with pedestrian traffic.
p. 
More than one (1) neon sign per window on storefronts or bars in commercial zones. A neon sign placed in a storefront or bar window in accordance with this section shall be of no more than two (2) solid colors, shall not move or flash and shall not occupy more than three (3) square feet of window area.
[2000 Code § 30-61.4]
a. 
Signs Permitted in All Zones. One non-illuminated, temporary ground sign pertaining to the lease, rental or sale of the same lot or building upon which it is placed and not exceeding nine (9) square feet in area on any one (1) side provided such sign is erected or displayed not less than five (5) 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 (7) days after the property is sold or leased.
In the case of a building containing three (3) or more dwelling units in a residential zone, a sign as described herein must be removed upon the lease or sale of eighty (80%) percent or more of the dwelling units contained therein. Not more than one (1) such sign shall be permitted for each premises. Such signs shall be exempt from all other provisions of this section.
b. 
Special Category Signs.
[Ord. No. 2831 § 4]
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 con-struction 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
1 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 developments mounted on construction fences.
*No more than 25% in contiguous length of the linear frontage of a con-struction 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. 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 front-age
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 façade 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.
Examples for purposes of guidance are shown below:
030 Guidance.tif
Photographic examples of construction and real estate signs from other communities may be found in the City Offices.
[2000 Code § 30-61.5]
a. 
Signs accessory to parking areas for multifamily residences, planned development and institutional uses. Signs designating entrance or exits to or from a parking area shall be limited to one (1) sign for each such exit or entrance, with a maximum of two (2) square feet for each sign.
One (1) sign per parking area designating the conditions of use or identity of such parking area and limited to a maximum size of six (6) square feet shall be permitted. Private driveway signs indicating the private nature of a driveway shall be permitted, provided that the size of any such signs shall not exceed two (2) square feet.
b. 
Nameplate and identification signs for single-family or two-family dwellings. A sign indicating the name and address of the occupant may be permitted provided that the sign shall be no larger than one (1) square foot.
c. 
Multiple-family dwelling structures may erect one (1) illuminated wall identification sign not to exceed ten (10) square feet in area; and/or one (1) illuminated freestanding ground identification sign not to exceed twenty (20) square feet in area on either side nor a height of four (4) feet; and/or one (1) illuminated directory of occupants wall mounted sign not to exceed four (4) square feet.
d. 
Institutional Signs. Signs on schools, colleges and other institutions of a similar public or semi-public nature may be erected and maintained, either illuminated or non-illuminated, provided that:
1. 
The size of any freestanding sign shall not exceed ten (10) square feet and not more than one (1) such sign is placed on the property, unless such property fronts upon more than one (1) street, in which instance a sign may be erected on each frontage.
2. 
Signs may be affixed to a maximum of two (2) walls of a structure. The total sign area on each wall shall not exceed twenty (20) square feet or two (2%) percent of the wall, whichever is less. The wall area shall be measured from ground level to the bottom of the roof eaves and from the side of the building to the other side.
3. 
For churches, primary and secondary schools, one (1) ecclesiastical changeable-letter ground sign may be erected referring to service and events to be held on the premises, provided the sign is not more than twenty (20) square feet in area. The sign may be illuminated, but it may not be closer than ten (10) feet to any property line.
e. 
Signs for Professional Offices in Residences in Residential and Nonresidential Districts. Not more than one (1) non-illuminated sign not to exceed two (2) square feet in area shall be permitted.
[2000 Code § 30-61.6]
a. 
Number and Size of Exterior Identification Wall Signs. No nonresidential establishment shall be permitted a total of more than two (2) signs; provided, however, that no single exterior wall for any one (1) establishment shall contain more than one (1) of the two (2) permitted signs. The total sign area for signs permitted on the face of any wall shall not exceed ten (10%) percent of the wall area, or forty (40) square feet, whichever is less. Except as noted below, no such sign shall be freestanding or perpendicular to the street line.
b. 
Rear and Side Wall Signs. No signs shall be permitted on rear or side walls when the wall is within one hundred (100) feet of a residential use or residential zone line.
c. 
Identification projecting signs may be substituted for identification wall signs, as permitted in Subsection a above, provided that no identification projecting sign shall exceed twelve (12) square feet in area on either side or project more than five (5) feet from the wall to which it is attached. The use of wall signs and projecting signs shall not be combined for the same establishment.
d. 
One (1) identification ground sign may be permitted for any one (1) commercial property, in addition to identification signs permitted in paragraphs a. or b. above. Such ground sign must not exceed forty-five (45) square feet on any one side nor twenty (20) feet in height measured to the top most part of the sign. The leading edge of the sign must not be nearer than five (5) feet from the street line.
030 Leading Edge.tif
e. 
Signs accessory to off-street parking facilities will be permitted in accordance with Subsection a of § 30-61.5.
f. 
Signs for multi-use or multi-structure developments such as shopping centers, industrial parks and planned developments shall be governed by the following regulations:
1. 
Each such development shall submit a Signing Plan to the Planning Board for approval. Such Signing Plan shall include details on:
(a) 
Letter style
(b) 
Lighting
(c) 
Color
(d) 
Construction and materials
(e) 
Height of sign
(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 elements (a) through (h) above. All of the above elements shall be designed to be in harmony and consistent with each other, the architecture and materials of principal structure and the landscaping plan. The Planning Board, in its sole discretion, shall determine if a proposed Signing Plan meets the goals and objectives of this section.
3. 
The total area of all signs affixed to a structure shall not exceed five (5%) percent of the facade of the structure, or forty (40) square feet, whichever is less. The Planning Board may permit in total sign area up to seven (7%) percent of the building facade, if, in the Planning Board's judgment, such additional area shall assist in developing a harmonious and integrated sign plan in accordance with the goals and objectives of this subsection.
4. 
Freestanding signs may be permitted in a multi-use development upon the sole discretion of the Planning Board as part of site plan approval. They may be on poles, kiosks, stanchions or similar supports and shall be not higher than twelve (12) feet above grade. The Planning Board may permit a total sign area of up to fifty (50) square feet, if in its judgment, such additional area shall assist in achieving the goals and objectives of this section.
Only one (1) such freestanding sign shall be permitted on any single property regardless of the number of establishments on the property except that the Planning Board may authorize an additional freestanding sign if the property has access from more than one (1) public street. The freestanding sign shall comply with all setback requirements of the zone.
[2000 Code § 30-61.7; Ord. No. 2735 § 4]
a. 
Marquee and Canopy Signs. In addition to those other signs generally permitted under this article, theaters may display the following signs:
1. 
Removable lettering on the front and/or sides of a canopy or marquee, which may be back lighted, and which shall advertise current or coming attractions only.
2. 
Not more than two (2) additional signs, each not more than twelve (12) square feet in size, may be attached to the front wall of the theater and which shall be used to advertise coming or current attractions only.
3. 
Ticket booth signs shall be governed by regulations affecting window lettering and window signs.
b. 
Service Station Signs. Gasoline service stations and repair garages shall be permitted to display only the following signs:
1. 
One (1) temporary sign, located inside the property line, specifically advertising special or seasonal servicing of motor vehicles, provided such sign does not exceed seven (7) square feet in size to a side.
2. 
One (1) non-moving, freestanding or pylon sign advertising the name of the station or garage and/or the principal products sold, including any special company or brand name, insignia or emblem, provided that the actual sign area does not exceed thirty (30) square feet in size to a side, and further provided that such sign shall be more than ten (10) feet but less than twenty (20) feet above ground level and is no closer than five (5) feet to any property line.
3. 
Additional signs or lettering displayed over individual entrance doors or bays, bearing legends essentially the same or similar to the following: "washing, lubrication, repairs, mechanic on duty." There shall be no more than one (1) such sign over each entrance or bay, such signs shall not exceed six (6) square feet in size, nor shall the lettering on such signs be greater than twelve (12) inches high.
4. 
Customary lettering or other insignia, which are an integral part of a fuel pump and consist only of fuel name, lead warning sign, price indicator and any other sign or signs as required by law. Such sign shall not exceed three (3) square feet in aggregate area on each pump.
5. 
A single, non-illuminated credit card sign, not exceeding two (2) square feet in size, may be placed on or near each pump island.
c. 
Commercial Advertising Billboard Signs.
1. 
The further erection or construction of signs known as commercial advertising billboard signs, except as provided below, is prohibited.
2. 
Existing billboard signs may be relocated on the same lot provided that the estimated useful life of the sign is not extended by such relocation.
3. 
Existing billboard signs shall be removed where the Code Enforcement Official has determined that the cost of repairs necessary to comply with § 30-61.2 of this section, would exceed fifty (50%) percent of the replacement cost of the sign. For the purposes of this section, the end of the useful life of a billboard sign shall be when the cost of necessary repairs as described in this subsection exceeds fifty (50%) percent of the replacement cost of the billboard sign.
4. 
As per N.J.A.C. 16:41-8.4, no outdoor advertising structure will be permitted which is abandoned or disused for a fixed period of one (1) year after originally reported by the Code Enforcement staff. The owner of record shall be officially notified by letter of the classification of disuse or abandonment in order that appropriate remedial action may be taken.
(a) 
A sign shall be considered abandoned when it is determined to be structurally unsound by a professional engineer, or it is in an aesthetically blighted condition, when twenty-five (25%) percent of the surface requires a reconditioning of the protective or decorative coating as evidenced by, but not limited to, peeling or flaking paint.
(b) 
A sign which remains blank, void of advertising copy for fixed period of one (1) year shall be considered disused.
5. 
Existing billboard signs or structures may be relocated to a different lot upon the approval of the City Council. The City may approve the relocation of an existing billboard sign or structure provided that:
(a) 
No more than one (1) such sign or structure shall be permitted on any lot.
(b) 
The sign or structure when relocated will comply with all other applicable provisions of this section.
(c) 
The sign or structure will not obstruct, impair or diminish the visibility of any business or commercial enterprise from the roadway on which it is located.
(d) 
The aesthetic and environmental effects caused by the placement of the sign or structure in its new location will be less adverse than those caused by the sign or structure in the location from which it is to be removed.
(e) 
No billboard or structure may be relocated to any lot or property adjacent to any residential zone.
(f) 
Notwithstanding anything to the contrary in other sections or subsections of this chapter, the provisions of Subsection c of § 30-61.7 shall not be varied or waived or otherwise modified by action of the Board of Adjustment or the Planning Board of the City.
(g) 
The relocation of an existing billboard to another lot as provided in paragraphs (a) through (f) above, shall not extend the estimated useful life of the billboard sign.
d. 
Bed and Breakfast Establishments.
1. 
One (1) freestanding sign shall be permitted which shall not exceed six (6) square feet in size. Externally illuminated lighting is permitted. The sign shall not exceed three (3) feet in height.
[2000 Code § 30-61.8]
Window lettering and window signs shall be permitted only in nonresidential zoning districts. For the purpose of enforcing this section, window lettering and window signs shall be construed as signs, and are subject to the following restrictions:
a. 
All window lettering and signs shall be inside the window.
b. 
Permanent window lettering and signs shall be permitted only if the space confining such lettering and signs, or the background upon which it appears, does 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.
c. 
Window lettering or signs shall pertain only to that establishment occupying that portion of the premises where the window is located.
d. 
Temporary window lettering or signs, advertising special sales or events, shall be permitted subject to the following restrictions:
1. 
Such lettering or signs shall be removed within thirty (30) days after erection;
2. 
Such window lettering or signs, in conjunction with permanent window lettering or sign, shall not cover, in the aggregate, more than fifty (50%) percent of the window area.
3. 
Such temporary window signs do not require a sign permit.
e. 
The following window lettering and signs are specifically prohibited:
1. 
Those containing or having as part of them any source of illumination with the exception of one (1) neon sign per window on storefronts or bars in commercial zones. A neon sign placed in a storefront or bar window in accordance with this section shall be of no more than two (2) solid colors, shall not move or flash and shall not occupy more than three (3) square feet of window area.
2. 
Those having an exterior source of illumination, which is intermittent or flashing in nature, or that produces glare which interferes with pedestrian or vehicular traffic.
3. 
Moving signs.
f. 
All window lettering and signs shall be kept in good repair.
g. 
The Zoning Officer shall have the authority to order the removal of any window lettering or sign which does not conform to these specifications. Any owner or tenant not complying within seventy-two (72) hours of such an order shall be subject to the penalties set forth in this chapter.
[2000 Code § 30-61.9; Ord. No. 2018-30]
The following signs shall be exempt from the provisions of this section:
a. 
Official signs.
b. 
A sign located within a building not attached directly to or painted on a window, and not located within eighteen (18) inches of a window or entrance.
c. 
No more than two (2) show cards not to exceed twenty-eight (28) by twenty-two (22) inches, advertising matters of current public interest may be displayed in show windows of occupied business establishments for a period not to exceed thirty (30) days.
d. 
Political signs; however, these signs may not be erected more than forty-five (45) days prior to an election and must be removed no later than ten (10) days after an election.
e. 
On vacated property, one (1) sign not to exceed six (6) square feet in area, giving the name, business and new address of the former occupant, may be displayed for not more than sixty (60) days.
f. 
Signs, banners or devices for which special permission may be granted by resolution of the City Council in each instance.
g. 
For the purpose of advertising matters of a public, semi-public or charitable character, temporary permits may be granted at the discretion of the City.
h. 
Banners, streamers and advertising flags to advertise openings and sale days, providing that such devices shall not be displayed on any one (1) property for more than thirty (30) days in any calendar year.
i. 
Flags representing a Nation, State or established organization provided same are properly hung or mounted on a flagpole or equivalent supporting structure attached to a building or upon a freestanding flagpole.
j. 
Public access signs, subject to the following:
1. 
Signs shall be erected at all public access points identifying the area as such.
2. 
Public access signs shall be maintained by the property owner and kept clear of obstruction and shall be visible to the public.
[2000 Code § 30-61.10]
Permits shall be required for all signs.
a. 
Permits Required. Unless otherwise permitted herein, no person shall erect, alter, locate or relocate, or reconstruct or maintain, or cause to be erected, located or relocated, or reconstructed or maintained within the limits of the City, any sign or signs without first having obtained and having in force and effect, a permit for the location of such sign or signs from the Zoning Officer.
b. 
Application Information and Contents. Any persons desiring to procure a permit to maintain a sign in the City shall file with the Zoning Officer a written application which shall contain an accurate description of the location or proposed location where such sign is to be erected and a diagram of each sign that the applicant desires to erect, alter, locate or relocate, use or maintain. Such application shall be signed by the applicant, who shall also indicate his/her post office address and supply any and all information that the Zoning Officer may reasonably require in order to determine properly whether the proposed location of the sign complies with the provisions of this section.
c. 
Inspection of Premises; Issuance Procedure. The Zoning Officer, upon receipt of an application, shall examine the premises upon which it is proposed to erect the sign and, if the proposed structure is in compliance with all the requirements of this chapter and all other laws and ordinances of the City, the Zoning Officer shall then issue the permit. If the work authorized under a permit has not been completed within four (4) months after the date of issuance, the permit shall become null and void.
[2000 Code § 30-61.11]
a. 
Causes for Revocation. A permit to erect or maintain a sign may be revoked for any one (1) or more of the following causes:
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 structure is not being maintained in a safe, sound and good condition.
b. 
Notice; Hearing. No permit shall be revoked for any of the above causes until a five (5) day notice has been given the permittee, which five (5) day notice shall be served either personally or by first-class mail. Any permittee will be given a hearing thereon by the City Manager, if requested in writing within a five (5) day period, addressed to the Zoning Officer and the City Manager at City Hall.
c. 
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 within ten (10) days from the date of the revocation of the permit.
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.
[2000 Code § 30-61.12]
The fees paid to the City for a sign permit shall be:
Sign Permit
$25.00
Relocation Permit:
$10.00
[2000 Code § 30-61.13]
If any person, firm or corporation claims a special hardship by reason of any ruling which has been or may be imposed by the Zoning Officer, an appeal may be made to the Board of Adjustment and its determination shall be final.
[2000 Code § 30-61.14]
The following principles shall control the computation of sign area and sign height.
a. 
Computation of Area of Individual Signs. The area of a sign face (which is also the sign area of a wall sign or other sign with only one (1) face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning regulations and is clearly incidental to the display itself.
b. 
Computation of Area of Multifaced Signs. The sign area for a sign with more than one (1) face shall be computed by adding together the area of all sign faces visible from any one (1) point. When two (2) identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than twenty-four (24) inches apart, the sign area shall be computed by the measurement of one (1) of the faces.
c. 
Computation of Height. The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of (1) existing grade prior to construction, or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign.
[2000 Code § 30-61.15; Ord. No. 2831 § 3]
All signs shall be designed, constructed, and maintained in accordance with the following standards:
a. 
All signs shall comply with applicable provisions of the Uniform Construction Code.
b. 
Except for banners, flags, temporary signs, and window signs conforming in all respects with the requirements of this section, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, building, or other structure by direct attachment to a rigid wall, frame, or structure.
c. 
All signs shall be maintained in good structural condition, in compliance with the Uniform Construction Code, and this section, at all times. All signs must be maintained in their original condition at the time of installation. Additionally, if the sign is defaced or damaged, it shall be removed or repaired.
[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 § 30-63.1; Ord. No. 2015-52, Ex. B]
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]
a. 
Any fence or wall shall be located at least one (1) foot removed from the nearest edge of the property line. Any fence erected within a City street 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 public street and the street line, 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. Chain link and solid fencing is prohibited for all street facing fences.
c. 
The maximum height for any fence or wall on a property shall be six (6) feet, except as provided for in Subsection b. above.
[2000 Code § 30-63.3; Ord. No. 2015-52, Ex. B]
a. 
Sightlines. Fences at all street intersections shall conform to the sightline preservation regulations as now or hereafter established by the Monmouth County Department of Public Works and Engineering.
b. 
Vegetative Barriers. Hedges and other landscaping shall be exempt from the height limitations of this section but shall not be located so as to conflict with Subsection a. above.
c. 
"Good Neighbor" Provision. Any fence type that has only one (1) 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 § 30-63.4; 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.