[Ord. No. 1038 § 400.01]
No building shall hereafter be erected and no existing building
shall be moved, structurally altered, rebuilt, added to or enlarged,
and no land shall be used for any purpose other than those included
among the uses listed as permitted uses in each zone by this chapter
and meeting the requirements set forth by this chapter.
[Ord. No. 1038 § 401; Ord. No. 1125 § 2]
a.
No space contiguous to any building shall be encroached upon or reduced
in any manner, except in conformity with the yard, lot area, building
location, density, off-street parking and other regulations contained
in this chapter as they apply to the zone in which the building or
use is located. In the event of any such unlawful encroachment or
reduction, such building shall be deemed to be in violation of the
provisions of this chapter.
b.
A one (1') foot encroachment of stairs is only permitted into
the side or front yard setbacks if the main entrance foyer for a unit
is at or above flood elevation, providing the one (1') foot freeboard
is used as the referenced level.
[Ord. No. 1038 § 401]
The provisions of N.J.S.A. 40:55D-70 shall be applicable. A
variance shall end two (2) years from the date granted.
[Ord. No. 1038 § 402; Ord. No. 1590 (2016)]
a.
The provisions of an N.J.S.A. 40:55D — 68 shall be controlling
and read in pari materia to the regulating sections contained herein.
b.
Any building which houses a non-conforming use and which suffers
any damage from fire, storm or other casualty, may be repaired or
restored to its pre-existing condition. Such repair or restoration
may include improvements required by the (then) current building codes.
Such repair or restoration shall include improvements required by the Sea Isle City Flood Damage Prevention Ordinances, Chapter 14 herein. Such repair or restoration may not be enlarged beyond its pre-existing condition without prior approval of the Zoning Board of Adjustment, except to accommodate Chapter 14 requirements.
Such repair or restoration must commence within twelve (12)
months of the events which caused the damage. The physical operation
of the non-conforming use shall be deemed to have intentionally ceased
and discontinued if (in the event that such use is not carried on
without interruption in an undamaged portion of the building) repair
or restoration is not commenced within the twelve (12) month timeframe,
or if such repair or restoration is not, in the opinion of the Zoning
Official, diligently pursued.
c.
Any building housing a conforming use, but as a structure does not
conform to the building requirements of the applicable zone, and which
suffers any damage from fire, storm or other casualty, may be repaired
or restored to its pre-existing condition. Such repair or restoration
may include improvements required by the (then) current building codes.
Such repair or restoration must commence within twelve (12) months
of the events which caused the damage.
Such repair or restoration shall include improvements required by the Sea Isle City Flood Damage Prevention Ordinances, Chapter 14 herein. Such repair or restoration may not be enlarged beyond its pre-existing condition without prior approval of the Zoning Board of Adjustment, except to accommodate Chapter 14 requirements.
d.
In the event of voluntary demolition (not damaged by fire, storm
or other casualty) all uses and buildings on such lands shall be in
conformance with the applicable regulations for the zone so situate
or shall require prior approval by the Zoning Board of Adjustment.
e.
The City recognizes that structures in a coastal barrier island require
ongoing maintenance, therefore, nothing herein shall be deemed to
prevent normal maintenance, repair or refurbishment of any building,
or the carrying out of major structural alterations deemed, in the
opinion of the Construction Official, necessary to public safety,
including but not limited to flood prevention, damage and injury control.
[Ord. No. 1038 § 403.01]
The following are hereby prohibited throughout the jurisdictional
limits of the City:
[Ord. No. 1038 § 403.02]
The use of accessory buildings, attached or unattached to the
principal building, for dwelling purposes of any nature is prohibited
in all districts.
[Ord. No. 1038 § 403.03]
Boats, houseboats or floating homes shall not be occupied as
dwelling units and no floating home marina shall be permitted in any
zone within the City.
[Ord. No. 1038 § 403.04; Ord. No. 1261 § III; Ord. No. 1489 (2010) § IV]
In the event that an owner of a residential unit encloses the
area below the base flood elevation, that area shall be used only
for crawl space or parking. In any zone, the top of any floor of any
parking area or crawl space area of a building shall be set at a minimum
of six (6") inches above the mean elevation of the top of the curb
or the average center line elevation of the street if there is no
curb.
[Ord. No. 1038 § 403.05]
All entrances to loft areas shall be interior entrances. Exterior
entrances to these areas are prohibited.
[Ord. No. 1038 § 403.06]
Freestanding decks are prohibited except when constructed as
a carport.
[Ord. No. 1421 § I; Ord. No. 1424 § I]
Enclosed foyers below base flood elevation in residential structures
are prohibited within the City. Enclosed foyers shall not include
screened or otherwise open porches.
[Ord. No. 1421 § I; Ord. No. 1424 § II]
Garage doors are prohibited within the zones designated as "V"
on the Coastal Base Flood Elevation Map.
[Added 3-26-2019 by Ord.
No. 1630]
City Council finds and determines that:
a.
The City of Sea Isle City ("City") has a comprehensive Master Plan
and development ordinances implementing that Master Plan.
b.
The City Council has determined that businesses and enterprises manufacturing,
selling, or distributing medicinal and recreational marijuana, or
the growing or cultivation thereof, are not currently a permitted
use in any zoning district within the City, and, since such businesses
and enterprises require special concern for security and location
and because of such special concerns for security, the City desires
to ensure that any such facilities are not allowed and continue to
be prohibited in each of the several zoning districts within the City.
c.
Other states that have legalized the use of medicinal or recreational
use of marijuana have experienced very negative results which are
detrimental to the public health, safety and welfare. Recent studies
published in October 2018 show that both police-reported car crashes
and accident-related insurance claims jumped in Colorado, Nevada,
Oregon and Washington following enactment of legislation legalizing
marijuana sales and use compared with their neighboring states of
Idaho, Montana, Utah, and Wyoming, which still prohibit marijuana.
These studies were done by the Insurance Institute of Highway Safety
(IIHS) and the Highway Loss Data Institute (HLDI) and found that police-reported
car crashes rose 5.2% and insurance claims for car accidents rose
6% in those four states where the sale and use of marijuana has been
legalized.
d.
The clear implication based on the IIHS and HLDI studies indicates
that legalizing marijuana for all uses is having a negative impact
on the safety of our roads. This is particularly so in light of the
fact that there is no currently established legal limit for driving
under the influence of marijuana and there is also no widely accepted
roadside test to determine marijuana usage.
e.
After due consideration, City Council is of the opinion that there
is no area within the City which can safely house a business or enterprise
or other activity engaged in manufacturing, selling, or distributing
medicinal or recreational marijuana and/or the paraphernalia that
facilitates the use of such marijuana.
f.
City Council is of the further conclusion that the terms "home occupations
and professions," "retail stores and shops," "personal service shops/establishment,"
and "convenience stores and supermarkets" do not include, and shall
not be construed or interpreted in such manner as to be deemed to
permit, the medicinal or recreational sale of marijuana or its manufacture
or distribution.
a.
Any business or enterprise of any nature whatever that is engaged
in the manufacture, sale or distribution of medicinal or recreational
marijuana, cannabis, or any product containing tetrahydrocannabinol
(THC), or their derivatives, including the growing or cultivation
thereof, and/or the paraphernalia that facilitates the use of such
marijuana, is prohibited in all zoning districts.
b.
Exception. This section is not intended to prohibit or otherwise
restrict the dispensing of any pharmaceutical medication or other
legal substance by a pharmacy or drugstore under the supervision of
a licensed pharmacist, which medication or substance is lawful to
dispense under the laws of this state or the United States, when the
medication or substance being dispensed has been prescribed by a licensed
physician or other duly licensed and authorized medical provider or
health care practitioner; and further provided that such pharmacy
or drugstore is a permitted use in that zone.
In the event that the State of New Jersey should hereafter legalize
the manufacture, sale, or distribution of marijuana, cannabis, or
any product containing tetrahydrocannabinol (THC), or their derivatives,
for medicinal or recreational purposes, and such legislation grants
municipalities the right to deny such sales within municipal boundaries
either by "opting-in" or "opting-out," as the case may be, depending
on the final version of such legislation should it be approved, it
is the intent of the City of Sea Isle City, as expressed in this section,
to prohibit all such manufacture, cultivation, growing, sale or distribution
of marijuana, cannabis, or any product containing tetrahydrocannabinol
(THC), or their derivatives, for medicinal or recreational purposes
within the City of Sea Isle City or within any zoning district thereof
subject to the exception for licensed pharmacies set forth in Subsection
26-18.9.2 hereof.
[Ord. No. 1038 § 404.01; Ord. No. 1431 § CIX]
No permit for the erection of any building or structure shall
be issued unless the lot abuts a street giving access to such proposed
building or structure. Such street shall have been duly placed on
the official map or shall be:
a.
An existing State, County or City street or highway, or
b.
A street shown upon a plat approved by the Planning Board, or
c.
A street on a plat duly filed in the office of the County Recording
Officer prior to the passage of an ordinance under the State Highway
Access Management Act or any prior law which required prior approval
of plats by the Governing Body or other authorized body.
[Ord. No. 1038 § 404.02; Ord. No. 1431 §§ CX, CXI]
Before any such permit shall be issued:
a.
Such street shall have been certified to be suitably improved to
the satisfaction of the Administrator, or such suitable improvement
shall have been assured by means of a performance guarantee, in accordance
with standards and specifications for road improvements approved by
the Administrator or his/her designee, as adequate in respect to the
public health, safety and general welfare of the special circumstance
of the particular street; and
b.
It shall have been established that the proposed access conforms
with the standards of the State Highway Access Management Code adopted
by the Commissioner of Transportation under Section 3 of the State
Highway Access Management Act in the case of a State highway, with
the standards of any Access Management Code adopted by the County
under N.J.S.A. 27:16-1 in the case of a County road or highway, and
with the standards of any City Access Management Code adopted under
N.J.S.A. 40:67-1 in the case of a City street or highway.
[Ord. No. 1038 § 405.01; Ord. No. 1112 § 1]
The owners of a lot that does not meet the applicable minimum
lot size requirements, but that was lawfully created prior to the
effective date of this chapter[1] may construct improvements thereon without a variance,
provided that:
[Ord. No. 1038 § 405.02; Ord. No. 1140 § 1]
Any residential development on buildable substandard lots in
any district shall be limited to single family detached dwellings.
The variance that is required is a bulk variance pursuant to N.J.S.A.
40:55D-70(c).
[Ord. No. 1038 § 405.03; Ord. No. 1432 § I; Ord. No. 1462 (2009) § I]
No improvements may be constructed on any lot containing fewer
than three thousand five hundred (3,500) square feet, or having a
frontage less than thirty-five (35') feet, or having a depth
less than seventy (70') feet. This section does not apply to
the C-1, C-2, C-3 and C-4 and C-5 Districts, and lots in said districts
may be improved, consistent with requirements in the applicable zone.
[Ord. No. 1038 § 406.01; Ord. No. 1125 § 3; Ord. No. 1261 §§ IV, V; Ord. No. 1432 § II; Ord. No. 1489 (2010) § V; Ord. No. 1538 (2013) § 2; Ord. No. 1554 (2013) § 10]
a.
Unless specified in the regulations of a particular zoning district, the height of principal buildings or structures in all residential districts and residential structures in nonresidential districts shall not exceed thirty-three (33') feet in a "V" Zone or thirty-two (32') feet in an "A" Zone above the height standards set forth in the flood damage prevention ordinance in subsection 14-3.2 where there is a pitched roof, or twenty-six (26') feet in a "V" Zone or twenty-five (25') feet in an "A" Zone above the height standards set forth in the flood damage prevention ordinance in subsection 14-3.2, where there is a flat roof.
b.
Unless specified in the regulations of a particular zoning district, the height of principal nonresidential buildings or structures in all commercial districts shall not exceed thirty-three (33') feet in a "V" Zone or thirty-two (32') feet in an "A" Zone above the height standards set forth in the flood damage prevention ordinance in subsection 14-3.2, where there is a pitched roof, or twenty-six (26') feet in a "V" Zone or twenty-five (25') feet in an "A" Zone above the height standards set forth in the flood damage prevention ordinance in subsection 14-3.2, where there is a flat roof.
c.
A "pitched roof" shall have a minimum pitch of four (4") inches vertical
for every twelve (12") inches horizontal. A structure with a roof
slope of fewer than four (4") inches vertical for every twelve (12")
inches horizontal shall be considered to have a flat roof.
d.
The height of principal buildings or structures in all public use
districts shall be as specified in the regulations for each individual
district.
[Ord. No. 1038 § 406.02; Ord. No. 1261 § VI]
No accessory building or structure shall exceed fifteen (15')
feet in height above the mean elevation of the top of the curb or
the average center line elevation of the street if there is no curb,
provided that this height limit complies with all other sections of
this Code, including the Flood Damage Prevention chapter.
[Ord. No. 1383 § III; Ord. No. 1387 (2006) § V]
In order to promote lot drainage, all finished grades shall
be higher than curb elevation, except that pilings and foundations
may be installed below said curb elevation. In the case of adjacent
properties of differing elevations, the property with the higher elevation
shall install devices to prevent the flow of water from the higher
property to the lower adjacent property. All devices shall be designed
by, and the installation shall be approved by, a New Jersey licensed
architect or a New Jersey licensed professional engineer. All structures
constructed shall comply with the building height restrictions as
set forth more particularly herein, regardless of the elevation of
the finished grade.
[Ord. No. 1038 § 407.01]
The following occupations may be permitted in all residential
districts as conditional uses. No others are permitted as home occupations.
a.
Artificial flower arranging.
b.
Auditing.
c.
Baby-sitting register.
d.
Bookkeeping.
e.
China repair.
f.
Commercial arts.
g.
Furniture repair.
h.
Jewelry making.
i.
Mailing service.
j.
Mail order business.
k.
Model making.
l.
Nursing register.
m.
Painting and sculpture.
n.
Sewing.
o.
Stenography.
p.
Telephone selling.
q.
Typing.
r.
Weaving.
s.
Woodcrafts and kindred hand-made, woven, carved or molded products.
t.
Writing.
u.
Holder of Home Worker's Certificate, permit or certification
issued by either the Department of Labor of the United States or the
Department of Labor and Industry of the State of New Jersey, subject
to all other provisions and regulations in this chapter.
[Ord. No. 1038 § 407.02]
Only one (1) such home occupation may be conducted in any premises
on any one (1) lot in any residential district. The home occupation
shall be permitted as a conditional accessory use only, and it shall
be confined entirely within a building on the premises.
[Ord. No. 1038 § 407.03]
No more than twenty-five (25%) percent of the gross floor area
of a dwelling unit may be used for a home occupation at any time.
[Ord. No. 1038 § 407.04; Ord. No. 1492 (2010) § II]
[Ord. No. 1038 § 407.05]
Any article, thing, goods, wares or merchandise made or created
in the course of the pursuit of any such home occupation shall not
be sold at retail or advertised for sale at retail by any means or
at any place whatsoever, and the floor selling and the floor display
of any such products is hereby prohibited excepting in the course
of sale or intended sale for purposes other than retail sale.
[Ord. No. 1038 § 407.06]
The conduct of work as a home occupation shall be performed
without the aid of power-operated machinery of any kind that may cause
a disturbance or nuisance to immediate neighbors, unless upon application
and consent obtained from the Planning Board for the use of any specified
machine or machinery, upon such terms and conditions as the Board
may find it necessary to impose to safeguard the comfort and convenience
of any other persons who might be affected thereby, and in all cases
to preserve the general harmony and residential characteristics of
the zone or district.
[Ord. No. 1038 § 407.07]
Any home occupation not specifically listed above is hereby
prohibited, and the following types of occupations which are enumerated
by way of description and not by way of limitation are hereby specified
as prohibited:
a.
Animal breeding.
b.
Animal hospital or pound.
c.
Animal raising and maintaining, except as a pet or pets.
d.
Baking and/or cooking for resale purposes.
e.
Barbershop.
f.
Beauty shop.
g.
Bed and breakfast establishments.
h.
Crafts, except as specifically permitted.
i.
Dress shop.
j.
Food, drug and cosmetic compounding, manufacturing, preparing or
packaging.
k.
Hairdressing.
l.
Home repair shops, unless otherwise specifically indicated.
m.
Insurance office.
n.
Kennel or kennels.
o.
Manicuring.
p.
Millinery shop.
q.
Nursery school.
r.
Photo developing.
s.
Photographic studio.
t.
Poultry breeding, raising and maintaining.
u.
Real estate office.
v.
Soil products, except for private use.
w.
Steam or vapor bathing or massaging.
x.
Tea room.
[Ord. No. 1038 § 407.08; Ord. No. 1468 (2009) § XII]
All home occupations shall satisfy all conditions of this chapter (see Section 26-22) and obtain a home occupation permit. Any home occupation operating without a permit or found in violation of the conditions of the permit shall be in violation of this chapter. All home occupations in existence at the time of adoption of this chapter shall apply for a permit within one (1) year of the date of adoption. Permits shall have a term of three (3) years. The Planning Board shall have the power to review home occupation permits upon proper application for renewal. The Zoning Officer shall issue the appropriate permit.
[Ord. No. 1038 § 408.01; Ord. No. 1317 § I; Ord. No. 1510 (2011) § 3]
The minimum parking dimensions for each parking space exclusive
of drives, aisles, paths and sidewalks shall be:
a.
For all parking spaces parallel to the travel of traffic: Eight feet
six inches by twenty-two feet (8'6" x 22').
b.
For all other parking spaces: Nine feet by eighteen feet (9'
x 18') 'for a standard space and eight (8') feet for
a handicapped car space and eleven (11') feet for a handicapped
van space, both with an access aisle of five (5') feet in width.
Handicapped space shall be eighteen (18') feet in length.
c.
Parking spaces and access aisles shall be level with surface slopes
not exceeding 1:50 (2%) in all directions.
[Ord. No. 1038 § 408.02; Ord. No. 1510 (2011) § 4]
The dimensions of aisles shall be no less than those specified
below:
|
Angle of Parking Space to Aisle
|
One-Way Traffic
|
Two-Way Traffic
|
|---|---|---|
|
90°
|
24'
|
24'
|
|
60°
|
18'
|
N/A
|
|
45°
|
13'
|
N/A
|
|
30°
|
12'
|
N/A
|
|
Parallel
|
12'
|
24'
|
[Ord. No. 1038 § 408.03]
a.
In all districts, required parking shall be provided on the same
parcel as the use for which the parking is required.
b.
Off-street parking shall not be permitted in any portion of any street
right-of-way.
c.
In all business or commercial zones and where commercial or business
uses exist, rear and side yards may be utilized for off-street parking.
Front yards may be utilized for off-street parking where such parking
area is part of a driveway which serves a side yard or rear yard area.
Required parking for business or commercial uses may also be provided
off the site, if it is provided in nonresidential zones and is situated
within two hundred (200') feet of the subject property, and if
the property on which such off-site parking is provided is owned by
the same owner as the subject property.
[Ord. No. 1038 § 408.04; Ord. No. 1179 §§ I, II; Ord. No. 1212 §§ I, II; Ord. No. 1489 (2010) § VI; Ord. No. 1510 (2011) § 5]
a.
Conforming Lots.
1.
Nonresidential properties shall be limited to one (1) fifteen (15')
foot wide driveway for each street frontage, or interior lots and
limited to one (1) twenty-four (24') foot wide driveway for each
street frontage on corner lots.
2.
New residential buildings or rehabilitation of existing residential
buildings exceeding fifty (50%) percent rehabilitation, on lots having
fifty (50') foot street frontage shall be limited to one (1)
twenty-four (24') foot wide driveway for interior lots and corner
lots shall be limited to one (1) twenty-four (24') foot wide
driveway or two (2) twelve (12') foot wide driveways, one (1)
on each street frontage.
3.
Rehabilitation of existing residential buildings of less than fifty
(50%) percent rehabilitation, on lots having a minimum of fifty (50')
foot street frontage, and/or reconstruction of existing driveways
shall be permitted the following:
4.
If a residential building is totally destroyed by fire, flood or
other natural disaster, the owner shall be permitted to keep the driveway
that existed prior to the natural disaster which destroyed the building.
If the driveway is changed in size or dimension, or in any way, the
driveway must then comply with all other provisions of subsection
26-23.4a2 of the Revised General Ordinances.
b.
Nonconforming Lots. Having a street frontage of between forty-nine
(49') feet and thirty-five (35') feet and a lot area of
at least three thousand four hundred ninety-nine (3,499) square feet.
1.
New buildings (residential or nonresidential), or rehabilitation
of existing buildings exceeding fifty (50%) percent rehabilitation
shall be limited to one (1) twenty-four (24') foot wide driveway
for interior lots and for corner lots shall be limited to one (1)
twenty-four (24') foot wide driveway or two (2) twelve (12')
foot wide driveways, one (1) on each street frontage.
2.
Rehabilitation of existing buildings of less than fifty (50%) percent
rehabilitation shall be permitted the following:
3.
If a residential building is totally destroyed by fire, flood or
other natural disaster, the owner shall be permitted to keep the driveway
that existed prior to the natural disaster which destroyed the building.
If the driveway is changed in size or dimension, or in any way, the
driveway must then comply with all other provisions of subsection
26-23.4b1 of the Revised General Ordinances.
[Ord. No. 1038 § 408.05; Ord. No. 1533 (2012)]
Stacked parking spaces shall be prohibited, except for single-family
dwellings and two-family dwellings which have driveways and parking
areas which are clearly separate from any other driveways and parking
areas on adjacent lots.
Mechanical parking lifts shall be prohibited in residential
and commercial zoning districts, except as allowed herein:
1
Commercial districts when shielded from public view and enclosed
with a roof.
2
Residential zones when fully contained within a garage.
|
No outside car lifts shall be permitted. All car lifts shall
be maintained and kept in good working order.
|
|
The parking lift platform must be sealed and of a sufficient
width and length to completely cover the bottom of the vehicle on
the platform to prevent dripping liquids or debris onto the vehicle
below.
|
|
All lifts must be designed so that power is required to lift
the car, but that no power is required to lower the lift in order
to ensure that the lift can be lowered and the top vehicle can be
accessed in the event of a power outage.
|
|
All parking lifts must be designed to prevent lowering of the
lift when a vehicle is parked below the lift.
|
|
Ceiling heights of any parking level with parking lifts shall
be a minimum of fourteen feet four (14'4") inches.
|
|
Car lift parking spaces shall count as parking spaces for zoning
purposes in commercial districts for commercial and mixed residential
commercial uses as long as constructed in conformance with this section.
Car lift parking spaces shall not count as parking spaces in any residential
zoning district or residential use in any zoning district.
|
[Ord. No. 1038 § 408.06]
a.
In all residential districts or for residential uses in nonresidential
districts, all access driveways leading from the street to the property
shall be constructed of a concrete driveway apron consisting of concrete
having a compressive strength of four thousand (4,000) pounds per
square inch and being a minimum of six (6") inches thick.
b.
The driveway apron shall include that section of the sidewalk adjacent
to the driveway, and shall be six (6") inches thick.
c.
All parking areas on site shall be constructed of one (1) of the
following methods:
1.
Concrete. A surface course of concrete having a compressive strength
of four thousand (4,000) pounds per square inch and being a minimum
thickness of six (6") inches shall be constructed over a thoroughly
compacted base of existing materials, and shall be constructed in
accordance with the requirements of Section 607 of the New Jersey
Department of Transportation Standard Specifications for Road and
Bridge Construction - 1983, and as revised. If the existing materials
are unsuitable, they shall be replaced with select backfill material
which shall be thoroughly compacted prior to pouring concrete.
2.
Bituminous Concrete or Stone. All parking areas shall have a soil
aggregate base course having a minimum depth of six (6") inches after
compaction, consisting of Soil Aggregate I-5, and shall be constructed
in accordance with the requirements of Section 301 of the Standard
Specifications. Bituminous concrete parking areas shall consist of
a minimum two (2") inch thick compacted wearing surface of bituminous
concrete surface course, hot mix, Type FABC-1, Mix I-5, constructed
in accordance with the requirements of Section 404 of the Standard
Specifications. This wearing surface shall be constructed over the
compacted gravel base course as described above.
3.
Stone wearing surfaces shall consist of either broken stone, crushed
stone, or washed gravel, two (2") inches thick, conforming to the
requirements of Section 901 of the Standard Specifications. All work
shall be performed in accordance with the requirements of Section
401 of the Standard Specifications, and the stone wearing surface
shall be constructed over the compacted gravel base course as described
above.
[Ord. No. 1038 § 408.07]
a.
In all nonresidential districts or for nonresidential uses in residential
districts, all parking areas and access drives shall have a soil aggregate
base course having a minimum depth of six (6") inches after compaction,
consisting of Soil Aggregate I-5, and shall be constructed in accordance
with the requirements of Section 301 of the New Jersey Department
of Transportation Standard Specifications for Road and Bridge Construction
- 1983, and as revised.
b.
Areas of ingress and egress, loading and unloading areas, major interior
driveways or access aisles and other areas likely to experience similar
heavy traffic shall be paved with not less than two (2") inches of
compacted base course of plant mixed bituminous stabilized base course,
Mix I-2, stone mix. This base course shall be constructed over the
six (6") inch soil aggregate base course described above. All work
shall be constructed in accordance with the requirements of Section
304 of the Standard Specifications and amendments thereto.
c.
Parking stall areas and other areas likely to experience similar
light traffic shall be paved with a minimum two (2") inch thick compacted
wearing surface of bituminous concrete surface course, hot mix, Type
FABC -1 Mix I-5 over a six (6") inch compacted gravel base course
as described above. All work shall be performed in accordance with
the requirements of Section 404 of the Standard Specifications and
amendments thereto.
d.
The Planning Board may permit the use of a broken stone parking area
surface on a case by case basis, as determined by the Board. A soil
aggregate base course shall be prepared as described above and shall
be a minimum of six (6") inches thick. Broken stone shall be constructed
at a minimum of two (2") inches thick, and materials shall conform
to the requirements of Section 901 of the Standard Specifications.
[Ord. No. 1038 § 408.08; Ord. No. 1413 § I; Ord. No. 1432 § III; Ord. No. 1462 (2009) § II]
a.
Parking requirements for each use shall be cumulative where more
than one (1) use exists on any site. The following list indicates
the minimum off-street standard parking space requirements by use
in all districts, except as otherwise modified in this chapter:
|
Use
|
Requirement
|
|---|---|
|
Residential
|
2 spaces per each dwelling unit of less than 1,500 square feet
of gross floor area, or 3 spaces per each dwelling unit of 1,500 or
over square feet of gross floor area
|
|
Hotel, motel, tourist guest house and other permitted room rentals
|
1 Space per rental unit
|
|
Restaurant
|
1 space per 200 square feet of floor area or 1 space for every
6 seats in a restaurant with table or counter service and 1 space
for every 75 square feet of floor area intended for standing patrons,
whichever requires the greatest number of parking spaces
|
|
Tavern
|
1 space per 200 square feet of floor area, or 1 space for every
6 seats in a tavern with table or counter serve and 1 space for every
75 square feet of floor area intended for standing patrons, whichever
requires the greatest number of parking spaces
|
|
Retail
|
1 space per 300 square feet of floor area
|
|
Wholesale
|
1 space per 450 square feet of floor area
|
|
Office
|
1 space per 300 square feet of floor area
|
|
Place of assembly
|
1 space per 10 seats
|
|
Place of worship
|
1 space per 20 seats
|
|
Mortuary
|
30 spaces per establishment
|
|
Marina/public dock
|
1 space per 2 boat slips
|
|
Financial institution
|
1 space per 200 square feet of floor area
|
|
Personal service
|
1 space per 200 square feet of floor area
|
|
Quasi-public uses
|
1 space per 300 square feet of floor area
|
|
Industrial
|
1 space per 450 square feet of floor area
|
|
Other uses
|
Subject to Planning Board approval
|
b.
The expansion or change of an existing nonresidential structure shall
be exempted from additional parking requirements where the proposed
change or changes in the existing structure or structures do not increase
the volume or intensity of use of such structure or structures, or
where such change or changes involve vertical expansion for storage
purposes only rather than horizontal expansion. With respect to vertical
expansion, this exemption exists only for buildings constructed on
or before June 1, 1986.
[Ord. No. 1510 (2011) § 6]
Any and all rules, guidelines and/or directives established
regarding parking and pedestrian and vehicular movement shall be in
accordance with applicable provisions of the Americans with Disabilities
Act of 1990.
[Ord. No. 1510 (2011) § 7]
a.
All sidewalks shall be a minimum of four (4') feet wide and
four (4") inches thick, except at driveway crossings where they shall
be six (6") inches thick.
b.
All sidewalks along a commercial zone shall be a minimum of six (6')
feet in width.
c.
Concrete curbs, gutters and sidewalks shall meet the following requirements:
1.
Materials for concrete shall conform to the requirements of the New
Jersey State Highway Department Standard Specifications. Concrete
shall be Class B. Metal forms shall be used for the construction of
concrete curbs. Curbs are to be six (6") inches wide and eighteen
(18") inches deep and are to be constructed true to the required lines,
grades and curvatures.
2.
At all intersections a four (4') foot wide area of the sidewalk
on each roadway corner shall be gradually ramped to meet the roadway
at grade to enable persons in wheelchairs to easily cross roadways.
d.
In any area of the City where sidewalks do not line up, the transition
shall be as approved by the Planning Board after review by the City
Engineer.
[Ord. No. 1038 § 409.01]
a.
Off-street loading shall be provided for commercial structures with
a gross floor area of five thousand (5,000) square feet or more in
accordance with the following schedule:
|
5,000 to 40,000 square feet
|
1 space
|
|
40,000 to 100,000 square feet
|
2 spaces
|
|
Above 100,000 square feet
|
3 spaces
|
b.
Off-street loading and unloading shall have adequate ingress and
egress from streets and adequate space for maneuvering, and shall
provide such loading areas at the side, rear and front of the building.
There shall be no loading or unloading from the street.
c.
All loading areas shall be landscaped and screened sufficiently to
obscure the view of the parked vehicles and loading platforms from
any public street and adjacent residential districts or uses. Such
screening shall be an extension of a building, a fence, planting or
combination thereof, and shall not be less than six (6') feet
in height. Excluding plantings, screening shall not exceed six (6')
feet in height.
[Ord. No. 1038 § 409.02]
[Ord. No. 1414 § I]
The purpose of this section is to promote the public health,
safety, and welfare of persons in the City of Sea Isle City through
the preservation, maintenance, protection, and planting of trees and
landscaping, in accordance with N.J.S.A. 40:67-1(c), so as to:
a.
Aid in the stabilization of soil by the prevention of erosion and
sedimentation;
b.
Reduction of stormwater runoff and the potential damage it may create;
c.
Aid in the removal of pollutants from the air and assists in the
generation of oxygen;
d.
Aid in the preservation, maintenance, protection, and planting of
trees;
e.
Provide buffers and screens against noise and pollution;
f.
Provide protection against severe weather;
g.
Aid in the control of drainage and restoration of denuded soil subsequent
to construction or grading;
h.
Provide a haven for birds and other wildlife that otherwise enhances
the environment;
i.
Protect and increase property values;
j.
Preserve and enhance the City's physical and aesthetic appearance;
and
k.
Generally protect the public health and safety as well as the general
welfare.
[Ord. No. 1414 § II]
As used and referred to in this section, the terms shall have
the following definitions:
- BERMS
- Shall mean a mound of soil on a site used as a view obstruction or to vary the grade pattern, either natural or man-made.
- BUFFER
- Shall mean an area within a property or site generally adjacent and parallel to the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences and/or berms designed to continuously limit view of the site from adjacent sites or properties.
- CITY CONTRACTORS
- Shall mean commercial entities contracting with the City to assist the City in making improvements to municipal property.
- DECIDUOUS TREES
- Shall mean plants that drop their leaves before becoming dormant in winter, not evergreens.
- DESTROY
- Shall mean to kill or damage irreparably, which shall be deemed to include, but not be limited to, damage inflicted to the root system by machinery, storage of materials and soil compaction, change of natural grade above or below the root system or around the trunk; damage inflicted on the tree permitting fungus, pests or other infestation; excessive pruning or thinning leading to a failure to thrive; paving over the root system with any impervious materials within such proximity as to be fatally harmful to the tree; or application of any toxic substance.
- EVERGREEN TREES
- Shall mean plants that do not lose their leaves during the winter.
- LANDSCAPING
- Shall mean an aesthetic or structural change to the man-made or natural environment of real property, except for the infrastructure of houses and other buildings.
- MULCH
- Shall mean any covering placed on soil to conserve moisture, eliminate weak growth and protect plants from extremes of heat and cold.
- MUNICIPAL PROPERTY
- Shall mean property owned by the City of Sea Isle City and all other property open to the general public.
- PERSON
- Shall mean any individual or entity whose existence is recognized by law, including, but not limited to, any partnership, corporation (for-profit, nonprofit, or municipal and its agencies), firm, association, or any combination of the foregoing.
- SCREEN
- Shall mean a structure or series of plantings providing a continuous view obstruction within the site or property. Such screens may consist of fencing, berms and/or evergreen trees or shrubs.
- SHRUB
- Shall mean any plants, deciduous or evergreen, generally multi-stemmed, classified and sold by height or spread, measured in inches or feet.
- TREE
- Shall mean any woody plant with a main stem or multiple stems with branches protruding above the root flare.
[Ord. No. 1414 § III; Ord. No. 1510 (2011) § 8]
Plant selection shall conform to the following general design
principles.
a.
All landscape plants shall be typical full specimens conforming to
the American Association of Nurserymen Standards (ANA) for quality
and installation.
b.
Local soil conditions and water availability shall be considered
in the plant selection. All plants shall be tolerant of specific site
conditions.
c.
Landscaping shall not inhibit access by emergency vehicles or inhibit
visibility within required vehicular sight triangles.
d.
Irrigation systems are to be provided for all new plantings.
e.
Deciduous shade trees shall have a minimum caliper of three and one-half
inches (3 1/2") to four (4") inches. Ornamental trees shall be
a minimum six (6') feet to eight (8') feet in height. Evergreen
trees shall be a minimum six (6') feet to eight (8') feet
in height. Shrubs shall be a minimum twenty four (24") inches to thirty
(36") inches in height. These shall be the minimum measurements at
the time of planting.
f.
All trees to be installed shall be balled and burlapped in accordance
with ANA standards. All trees shall be mulched to a depth of three
(3") inches.
g.
All trees shall be installed with proper subterranean preparation
of the ground.
h.
The owner or if a common element of condominium, the condominium
shall be responsible to maintain or replace the tree or plantings,
after one (1) year from issuance of a Certificate of Occupancy. Prior
to one (1) year, the developer shall replace plantings that die.
[Ord. No. 1510 (2011) § 9]
a.
Street trees shall be provided for all streets as a requirement for
site plan and subdivision applications.
b.
The number of street trees shall average one (1) for every forty
(40') feet of frontage.
c.
Spacing between trees shall be determined based upon species selection.
In general, trees should be spaced between thirty (30') to fifty
(50') feet on center.
d.
Street trees should be a minimum of three and one-half (3 1/2")
to four (4") inches caliper, based on ANA standards.
e.
Street trees shall be disease resistant and tolerant of road salts
and air pollution.
f.
Branching height shall bear a relationship to the size and species
of tree, but shall have a minimum clearance height of seven (7')
feet above grade before branching begins.
g.
Fastigiate and columnar trees shall be used on streets which have
limited sidewalk depth between the cartway and building wall face.
[Ord. No. 1510 (2011) § 10]
All areas not covered by buildings, driveways, pedestrian walkways
or parking areas shall be landscaped, and all construction within
all districts shall retain natural vegetation to the extent possible.
Landscaping shall require the following minimum standards:
a.
Dwellings in residential districts and residential uses in a commercial
district (excluding mixed nonresidential and residential use) shall
have a minimum of one (1) tree per dwelling.
b.
Dwellings in residential districts and residential uses in a commercial
district (excluding mixed nonresidential and residential use) shall
have a minimum of ten (10) shrubs per dwelling unit for two (2) family
housing (for a total of twenty (20)) and ten (10) shrubs for a single-family
housing type;
c.
In commercial districts, there shall be a minimum of one (1) tree
per two thousand (2,000) square feet of lot area, but no less than
two (2) trees per lot.
d.
Commercial districts shall have a minimum of five (5) shrubs per
one thousand (1,000) square feet of lot area.
e.
Nothing herein shall change the requirements of the City of Sea Isle
City Zoning and Planning Boards.
[Ord. No. 1510 (2011) § 11]
Plant materials shall be selected from the following list. Any
deviations shall be approved by the City Engineer in consultation
with a licensed landscape architect or certified arborist.
a.
Trees.
|
Botanical Name
|
Common Name
|
|---|---|
|
Acer campestre
|
Hedge Maple
|
|
Acer rubrum "Armstrong"
|
"Armstrong" Columnar Red Maple
|
|
Acer rubrum "October Glory"
|
"October Glory" Red Maple
|
|
Acer saccharum "Bonfire"
|
"Bonfire" Sugar Maple
|
|
Acer saccharum "Goldspire"
|
"Goldspire" Sugar Maple
|
|
Acer saccharum "Green Mountain"
|
"Green Mountain" Sugar Maple
|
|
Fraxinus americana "Autumn Purple"
|
"Autumn Purple" White Ash
|
|
Fraxinus americana "Greenspire"
|
"Greenspire" White Ash
|
|
Fraxinus pennsylvania "Patmore"
|
"Patmore" Green Ash
|
|
Nyssa sylvatica
|
Black Gum or Sour Gum
|
|
Platanus acerifolia "Bloodgood"*
|
"Bloodgood" London Planetree
|
|
Platanus occidentalis*
|
American Sycamore
|
|
Quercus bicolor*
|
Swamp White Oak
|
|
Quercus imbric
|
Shingle Oak
|
|
Quercus palustris*
|
Pin Oak
|
|
Quercus phellos*
|
Willow Oak
|
|
Taxodium distichum
|
Baldcypress
|
|
Tilia americana "Redmond"
|
"Redmond" Linden
|
|
Tilia cordata "Greenspire"
|
"Greenspire" Littleleaf Linden
|
|
Linden Tilia tomentosa
|
"Green Mountain" Linden
|
|
Ulmus americana "Princeton"
|
"Princeton" Elm
|
|
Zelkova serrata "Halka"
|
"Halka" Zelkova
|
|
Zelkova serrata "Village"
|
"Village Green" Zelkova
|
|
*
|
Indicates street trees suitable for high wind and salt spray
conditions.
|
|
Note that there are fall digging hazards for Quercus (Oak) species.
Specific conditions, such as soil type, exposure, salt spray and other
factors must be considered in the species selection process. A New
Jersey certified arborist or landscape architect should be consulted
in plant selection.
|
b.
Recommended Understory Ornamental Trees.
|
Botanical Name
|
Common Name
|
|---|---|
|
Amelanchier canadensis
|
Shadtree
|
|
Betula nigra
|
River Birch
|
|
Carpinus caroliniana
|
American Hornbeam
|
|
Cercis canadensis
|
Eastern Redbud
|
|
Chiananthus virginicus
|
White Fringetree
|
|
Franklinia alatamaha
|
Franklinia
|
|
Halsia diptera "Magniflora"
|
Two-Winged Silverbell
|
|
Hamamelis virginiana
|
Common Witchhazel
|
|
Magnolia virginiana
|
Sweetbay Magnolia
|
|
Ostrya virginiana
|
Hophornbeam
|
|
Oxydendrum arboreum
|
Sourwood
|
|
Sassafras albidum
|
Sassafras
|
c.
Recommended Evergreen Trees.
|
Botanical Name
|
Common Name
|
|---|---|
|
Cryptomeria japonica "Yoshin"
|
"Yoshino Japanese" Cedar
|
|
Cedar Ilex opaca
|
American Holly
|
|
Juniperus scopulorum "Cologreen"
|
"Cologreen" Juniper
|
|
"Juniperus virginiana "Cupressifilia"
|
"Hillspire" Juniper
|
|
Picea glauca "Densata"
|
"Black Hills" Spruce
|
|
Pinus resinosa
|
Red Pine
|
|
Pinus strobes
|
White Pine
|
|
Pseudotsuga menziesii
|
Douglas Fir
|
d.
The following Is a List of Acceptable Shrubs:
|
Botanical Name
|
Common Name
|
|---|---|
|
Cletha alnifolia "Hummingbird"
|
"Hummingbird" Summersweet
|
|
Cornus paniculata
|
Gray Dogwood
|
|
Cornus sericea
|
Red Osier Dogwood
|
|
Ilex glabra
|
Inkberry
|
|
Juniperus conferta "Blue Pacific"
|
"Blue Pacific" Japanese Shore Juniper
|
|
Juniperus sargenti
|
Sargent Juniper
|
|
Kalmia latifolia
|
Mountain Laurel
|
|
Myrica pennsylvanica
|
Northern Bayberry
|
|
Rhododendron maximum
|
Rosebay Rhododendron
|
|
Rosa rugosa
|
Japanese Shore Rose
|
|
Vaccinum coryinbosum
|
Highbush Blueberry
|
|
Viburnum acerifolium
|
Maple-leaved Viburnum
|
|
Viburnum dentatum
|
Arrowwood Viburum
|
[Ord. No. 1510 (2011) § 12]
A buffer treatment shall be provided to screen views of surface
parking areas from the street.
a.
A buffer shall have a minimum average width of five (5') feet.
b.
A buffer shall consist of landscape materials, and may include masonry
walls and/or fencing.
c.
When a masonry wall or fencing is used, it shall be of solid construction
and shall be designed to coordinate with the building architecture.
d.
Buffer planting shall include at a minimum five (5) shade trees per
one hundred (100') linear feet of street frontage.
e.
A continuous evergreen hedge shall be provided at a minimum installed
height of thirty-six (36") inches.
[Ord. No. 1414 § VIII; Ord. No. 1510 (2011) § 13]
For all parking lots containing eight (8) or more cars, a landscape
treatment shall be provided within the parking lot to reduce solar
glare, reduce carbon footprint and provide for shade.
a.
One (1) shade tree shall be provided for every eight (8) parking
spaces within the parking lots. This shall be in addition to trees
required as part of buffer plantings.
b.
Shade trees shall be located within the parking lot on curbed islands
of at least six (6') feet wide.
c.
Parking lots covered by the structure above shall meet these requirements
for portions of the parking lot not covered by part of the structure.
[Ord. No. 1510 (2011) § 14]
Landscape planters may be used to incorporate seasonal color
and to provide space of additional plant materials to improve appearance
of site.
a.
Permanent planters may be installed only within the property.
b.
Permanent planters may be located within front yard between the building
facade and the right-of-way in the commercial districts. Permanent
planters along the street frontage shall not exceed twenty-four (24")
inches in height.
c.
Plant materials within permanent planters shall be of a species whose
height will not obstruct the display windows.
d.
Movable planters may be installed within the property and on the sidewalk within the right-of-way subject to approval of the City. These planters shall maintain a minimum six (6') foot clearance on the sidewalk. Moveable planters within the sidewalk street frontage shall select those listed under Section 26-40.
[Ord. No. 1414 § IV; Ord. No. 1510 (2011) § 15]
Persons, corporations and other associations desiring to remove
or otherwise destroy a tree, or trees, on their property, or to move
or remove more than five (5) square yards of soil, shall first apply
to the City of Sea Isle Zoning Officer for a landscaping permit.
a.
Application for a permit must be submitted to the Zoning Officer;
b.
The Landscaping Permit Application shall include a plan that clearly
delineates areas of preservation and proposed landscape treatment.
The application shall also include:
1.
The name, address, and telephone number of the person supervising
the landscaping project;
2.
The name and address of the owner of the premises;
3.
The name and address of the applicant for the permit, if other than
the owner, accompanied by the owner's consent to said application;
4.
Construction details prepared by a certified landscape architect,
licensed professional engineer or other professional proscribed by
State law;
5.
A description by lot and block number of the premises for which the
permit is sought;
6.
A detailed description of the work to be performed, including current
planting areas and proposed planting areas;
7.
The number of trees, shrub or other vegetation to be removed, and/or
the number of shrubs or other vegetation to be added;
8.
The reason for removal or destruction of vegetation;
9.
Projected dates for the beginning and ending of the tree or shrub
removal project, and the construction itself;
10.
Projected dates for the beginning and ending of the implementation
of new trees or shrubs;
11.
Any additional information requested by the Zoning Officer.
c.
The permit application shall be submitted to the Zoning Officer of
the City of Sea Isle City, on an application form as required by the
Zoning Officer. The application shall be submitted with a twenty-five
($25.00) dollar fee for the landscaping permit;
d.
Permits for landscaping approval shall be enforced in conjunction with Section 26-38, entitled Stormwater Management Systems. To the extent there is any inconsistency among Section 26-25 (Landscaping and Buffers) and Section 26-38 (Stormwater Management Systems), Section 26-38 shall supersede Section 26-25;
e.
Landscaping must be done in a manner that is consistent with all other requirements of the City of Sea Isle City rules and regulations. This includes but is not limited to the City of Sea Isle City Sections 26-36 (Impervious Surface Coverage), 26-37 (Certification of Front Yard, Side Yard, Rear Yard, Height Building Coverage and Impervious Surface Coverage Compliance), and 26-38 (Stormwater Management Systems). Accordingly, the use of unnatural materials, including but not limited to plastic, that prevent water from flowing into the ground are hereby prohibited;
f.
Nothing herein shall alter the requirements of the City of Sea Isle
City Zoning and Planning Boards;
g.
A Certificate of Occupancy shall not be granted until the Zoning
Officer has issued the landscaping permit.
[Ord. No. 1414 § V: Ord. No. 1510 (2011) § 16]
No person, corporation, or association shall do, or cause to
be done by others, any of the following acts upon municipal property
within the City of Sea Isle City without a prior permit from the Zoning
Officer:
a.
Cut, damage, destroy, remove or injure any tree;
b.
Cut, disturb or interfere in any way with any tree root or root system;
c.
Spray, place or distribute any chemicals, including but not limited
to salt, which would be deleterious to tree health;
d.
Remove or damage any guard or device placed to protect any tree or
shrub;
e.
Maintain a stationary fire or device that vaporizes noxious fumes
deleterious to tree health;
f.
Remove soil, either for trenching or otherwise;
g.
Construct new sidewalks or driveways with any material whatsoever
within three and one-half (3 1/2') feet of any tree;
h.
Place, or maintain upon the ground, any substance or object impeding
the free access of air and water to a tree's living components;
or
i.
Apply any substance to any part of a tree, including roots, with
the intention to injure or destroy a tree.
[Ord. No. 1414 § VI; Ord. No. 1510 (2011) § 17]
a.
Notwithstanding other permit requirements, the Zoning Officer may
grant a blanket permit to utility companies for:
c.
Public utility companies shall exercise reasonable diligence in the
maintenance or removal of trees, shrubs or soil material, so as to
avoid unnecessary damage to trees, shrubs or soil material within
the jurisdiction of the City of Sea Isle City.
d.
City contractors shall act at the direction of the City and will
not be required to obtain a landscaping permit for services rendered
on municipal property in the City of Sea Isle City.
[Ord. No. 1414 § VII; Ord. No. 1510 (2011) § 18]
[Ord. No. 1414 § VIII; Ord. No. 1510 (2011) § 19]
The provisions of this section shall be interpreted and applied
as the minimum requirements for a landscaping permit in the City of
Sea Isle City. No activities requiring the removal of trees or the
movement of soil shall be permitted without first obtaining a valid
permit in accordance with this section, except as otherwise noted.
[Ord. No. 1414 § IX; Ord. No. 1510 (2011) § 20]
a.
The Zoning Officer shall grant or deny the requested permit in consideration
of the following:
1.
Whether the proposed landscaping/tree removal will cause or contribute
to drainage problems, soil erosion, or the loss of tree species;
2.
Whether the proposed landscaping/tree removal will have a substantial
negative impact on the surrounding properties or endanger surrounding
citizens;
3.
Whether the proposed landscaping/tree removal will lead to a loss
of wildlife habitat;
4.
Whether the proposed landscaping/tree removal is a part of an overall
landscape plan for the property;
5.
Whether denial of a permit for the proposed landscaping/tree removal
would create an undue hardship on the applicant.
b.
Exceptions to the requirements of this section may be granted if
reasonable and within the purposes and intent of this section. Exceptions
are appropriate where the literal enforcement of one (1) or more provisions
is impracticable or will exact undue hardship because of peculiar
conditions pertaining to the land in question. A request for special
exceptions must be included in the permit application.
c.
In rendering a decision on a permit application, the Zoning Officer
shall at all times give weight to the basic intent of this section,
which is to limit the adverse effect of tree removal and soil displacement,
while not unduly interfering with the right of a City property owner
to use and enjoy his/her property. The Zoning Officer shall also consider
whether the permit can be granted subject to the imposition of reasonable
conditions that will mitigate the adverse effect of the proposed landscaping/tree
removal.
[Ord. No. 1414 § X; Ord. No. 1510 (2011) § 21]
Enforcement of this section shall be the primary duty of the
Zoning Officer.
[Ord. No. 1414 § XI; Ord. No. 1510 (2011) § 22]
Each violation of this section shall be deemed a separate and
distinct violation. Failure to obtain a landscaping permit will result
in the following:[1]
a.
The issuance of a summons with a fine no less than one hundred ($100.00)
dollars and not to exceed five hundred ($500.00) dollars, per violation;
and/or
b.
Ten (10) hours of community service.
[1]
The City of Sea Isle City Landscaping Permit Application is
included as an attachment to this chapter.
[Ord. No. 1038 § 411.01]
No person shall hereafter erect, alter or reconstruct a fence
or wall on property in any zoning district in the City without first
having obtained a construction permit from the Construction Code Official.
The fee for such permit shall be five ($5.00) dollars for residential
applications, ten ($10.00) dollars for commercial applications and
twenty-five ($25.00) dollars for industrial applications.
[Ord. No. 1038 § 411.02]
All fences and walls shall be erected within property lines,
and no fence or wall shall be located so as to encroach upon a public
right-of-way, excepting decorative fences.
[Ord. No. 1038 § 411.03]
A fixed structure made of wood, wire, metal, or concrete masonry
block units. A concrete masonry fence or wall shall not exceed thirty-six
(36") inches in height from curb level.
[Ord. No. 1038 § 411.04]
Fences erected, altered or reconstructed shall be of the type
hereinafter specified and shall comply with the maximum height limitations
hereinafter set forth. For purposes of this section, fences shall
be measured from the curb level.
a.
Front Yard. Fences located in the area from the front property line
to the front setback line shall not exceed thirty-six (36") inches
in height. For purposes of this section, corner lots shall be deemed
to have two (2) front yards, each extending from the property line
adjacent to the adjoining streets to the front and side setback line,
respectively.
b.
Rear Yard. Fences located in the area from the front setback line
to the rear property line and running across the rear property line
shall not exceed seventy-two (72") inches in height, except a concrete
masonry wall or fence as above specified.
c.
Corner Lots. At the intersection of any two (2) streets, highways,
roads or roadways, no fence other than decorative fences or fencing
of a wire construction having openings no smaller than two (2") inches
and not exceeding thirty-six (36") inches in height or post-and-rail
fences not exceeding thirty-six (36") inches in height shall be permitted
within the triangular area formed by the two (2) intersecting street
lines bounding the lot and by a line connection to a point on each
street line located forty-five (45') feet from the intersection
of said street lines. For the purposes of this section, a street line
shall be deemed to be the curbline, and an intersection shall be deemed
to be the meeting place of the curbline on intersecting streets.
[Ord. No. 1038 § 411.05]
a.
Definition. A fixed structure made of wood and rope which is utilized
for decorative purposes primarily, and which does not function as
a visual screen, nor as a means of providing privacy. Decorative fences
shall not exceed thirty (30") inches in height, measured from curb
level.
b.
Standards. Posts shall consist of timber structures only, which may
be square, rectangular, or circular in shape. Posts shall be spaced
at least ninety-six (96") inches apart, measured from the face of
the post to the face of the post. Posts shall be connected by rope
consisting of untarred hemp, Manilla hemp, New Zealand hemp, nylon,
dacron, polypropylene, or polyester ropes. Minimum rope diameter shall
not be less than three-fourths (3/4") inch.
c.
Encroachments. Special decorative fences shall be permitted beyond
the front property line into the public right-of-way (R.O.W.). Decorative
fences shall be permitted within no more than six (6") inches from
the rear limit of any existing sidewalk located adjacent to the front
of the property in question. In the absence of a sidewalk at the property
in question, the measurement, as set forth above, shall apply, as
though a sidewalk was in place. In that event, the Construction Code
Official shall locate the sidewalk, if none presently exists, and
if necessary, he shall consult with the City Engineer's office
concerning the sidewalk location.
[Ord. No. 1038 § 411.06]
Any portion of a fence construction intended or utilized for
the support of the fence shall be located on the inside of the fence,
facing the principal portion of the tract of land upon which the fence
is erected. The finished portion of the fence shall face the property
or street adjacent to the fence.
[Ord. No. 1038 § 411.07]
There shall be a fence not less than seventy-two (72") inches
in height, or more than seventy-two (72") inches in height, completely
enclosing any below-ground swimming pool and any other swimming pool.
Each gate in a pool fence shall be capable of being locked when not
in use and shall be self latching.
[Ord. No. 1038 § 411.08]
If the Construction Code Official or his/her designee, upon
inspection, determines that any fence or wall or portion of any fence
or wall is not being maintained in a safe, sound, upright condition,
he/she shall notify the owner of the fence or wall, in writing, of
his/her findings, shall state briefly the reasons for such findings,
and shall order such fence or wall or portion of such fence or wall
repaired or removed within ten (10) days of the date of the written
notice. Each day the person fails to obey the order referred to above
shall constitute a separate violation of this section.
[Ord. No. 1038 § 411.09]
a.
The following fences and fence construction materials are specifically
prohibited in all zoning districts in the City: Barbed wire, canvas,
cloth, electrically charged, expandable and collapsible.
b.
Notwithstanding the foregoing, snow fences shall be a permitted fence.
c.
The maximum height of any fence in the City of Sea Isle City shall
be seventy-two (72") inches.
[Ord. No. 1038 § 411.10]
Any fence existing upon the adoption of this chapter may continue
in existence without compliance with this section, except that the
fence shall be kept painted, where applicable, and in good repair.
However, no such fence, once destroyed or removed, shall be replaced
except in conformity with this section.
[Ord. No. 1038 § 411.11]
Because of the type of facilities under the control of the City
of Sea Isle City, this section shall not apply to the City as set
forth in Section 8 of Ordinance Number 1003 (1990).
[Ord. No. 1038 § 412.01]
No space applied or necessary under this chapter to satisfy
the yard requirements in relation to any building, whether now or
subsequently built, shall be counted as part of a yard or other required
open space in relation to other buildings.
[Ord. No. 1038 § 412.02]
No building or part thereof, including decks or open or enclosed
porches, shall extend nearer to a front property line than the mean
distance of setback of the nearest building or buildings, other than
accessory buildings, within one hundred (100') feet on each side
of such building, and fronting on the same side of the same streets
where provided in this chapter. In no instance shall a building in
a residential district be placed nearer to a front property line than
fifteen (15') feet, nor required by the above to be placed more
than twenty-five (25') feet back of the front wall of an existing
building.
On corner lots, the front yard requirements shall apply to both
of the street frontages of the lot.
[Ord. No. 1038 § 412.03]
There shall be a rear yard required in all districts. The minimum rear yard in residential districts shall be twenty (20') feet. In commercial districts, the minimum rear yard shall be five (5') feet except where the property abuts a residential district in which case the minimum rear yard shall be ten (10') feet, except for hotel or motel as provided in subsection 26-56.7.
On corner lots upon which a building is to be constructed as
a continuous unit, the minimum rear yard requirement of twenty (20')
feet shall apply only to the interior lot line parallel to the principal
frontage of the lot. Standard side yard requirements shall apply to
the interior lot line parallel to the secondary frontage of the lot.
In the case of a building lot extending through from street
to street, the minimum front yard requirements shall be observed on
both streets.
For lots plotted on a map for the assessment of taxes of the
City and existing on April 9, 1945, and which have a depth of less
than one hundred (100') feet, the rear yard requirements shall
be reduced by six (6") inches for each foot that such a lot is less
than one hundred (100') feet deep except that no rear yard shall
be less than fifteen (15') feet in residential districts and
not less than five (5') feet in commercial districts.
Standard rear yard requirement shall apply to additions or accessory
building regards of other conditions.
[Ord. No. 1038 § 412.04]
There shall be two (2) side yards in all residential districts
with a total width of not less than fifteen (15') feet, with
a minimum of five (5') feet for any one (1) yard, except that
for each foot a lot existing at the time of enactment of this chapter
is less than fifty (50') feet wide, the total width of the two
(2) side yards may be reduced by six (6") inches per foot to a total
width of not less than fourteen (14') feet. In the case of a
corner lot that is less than fifty (50') feet wide, the exterior
side yard shall have a minimum width of not less than fourteen (14')
feet and the interior side yard shall have a width of not less than
five (5') feet.
[Ord. No. 1038 § 412.05]
In nonresidential districts having a mixture of residential
and other uses, the more restrictive yard requirements shall apply
for the entire structure.
[Ord. No. 1038 § 412.06; Ord. No. 1268 § I; Ord. No. 1591 (2016) § 2; Ord. No. 1599-2017]
a.
Yard Encroachment. No encroachments shall be permitted regarding any yard, except the eaves of the roof and signs as specified in Section 26-28.
b.
Terraces and Patios. Terraces and patios of residential uses are
not permitted to extend into required front or side yards.
c.
Fire Escapes and Stairways. Fire escapes and stairways are not permitted
to extend into required front, side or rear yards.
d.
Enclosed Porches. No front yard or side yard requirements of this
chapter shall prevent the glass enclosing of existing open front or
side porches; provided, however, that such enclosure does not cause
the total structure on the lot to exceed the allowable limits of the
building coverage or floor area ratio of the lot.
e.
Architectural Enhancements. Setback encroachment allowance for certain
architectural features.
1.
In all yards that are seven feet (7') or greater in width, projections
for decorative, ornamental or canopy overhangs over exterior doors
or windows shall be permitted to extend up to two feet (2') into
the yard setback over the exterior doors or windows. All overhangs
in all yards shall be a minimum of five feet (5') from the property
line.
2.
In side yards that are six feet six inches (6'6") or greater
in width, projections shall be permitted up to eighteen inches (18")
in depth and eight feet (8') in length. Any projections must
be separated by seven feet (7'). All projections into side yards
shall be a minimum of five (5') feet from the property line.
All measurements herein shall be as measured on the exterior of the
structure.
 |
3.
In corner lot yards, with two (2) front yards, where the yards are
six feet six inches (6'6") or greater in width, projections shall
be permitted up to eighteen inches (18") in depth and eight feet (8')
in length. Projections shall be limited to two (2) yards where these
projections are encroaching into the permitted setback. Any projections
must be separated by seven feet (7'). All measurements herein
shall be as measured on the exterior of the structure.
f.
No encroachment other than roof eaves shall be provided for except
as in paragraph e above.
g.
Planters. The maximum height of planters shall be three (3')
feet. Planters are not permitted in side yards.
[Ord. No. 1038 § 412.07]
a.
No detached garage, detached carport or other accessory building
shall be placed nearer to an interior side lot line or rear lot line
than five (5') feet or closer than ten (10') feet to the
main building in any district.
b.
No detached garage, detached carport or other out-building shall
be placed nearer to a front street curbline than sixty (60')
feet, or nearer to a side street curbline than a distance equal to
one-half (1/2) the width of the lot. Attached garages or carports
shall be considered as part of the main building when measuring the
front, side and rear yards, except in the case of a lot less than
eighty-three (83') feet deep and existing at the time of this
enactment. Such garage, carport or other accessory structure may be
brought forward on the lot to a point not less than ten (10')
feet to a side window of a house on the adjacent property (distance
to be measured from a line drawn perpendicular to the side lot line),
or not closer to the front street curbline than forty (40') feet
when no house exists on the adjacent lot; provided, however, that
on a lot less than eighty-three (83') feet deep no detached garage
or other accessory structure shall be more than five (5') feet
from the rear property line.
[Ord. No. 1038 § 412.08]
Where a court is provided to furnish light and air to rooms
to be used for dwelling purposes, the least dimensions of such courts
shall be as follows:
a.
No outer court shall be less than six (6') feet wide or, at
any level, less than six (6") inches wide for each foot of height
of such level above the sill of the lowest window served by it. No
outer court shall have a depth greater than twice its width.
b.
No inner court shall be less than ten (10') feet wide or, at
any level, less than nine (9") inches wide for each foot of height
of such level above the sill of the lowest window served by it.
[Ord. No. 1492 (2010) § III]
a.
Purpose. The purpose of this section is to promote and protect the
public health, safety and welfare. As such, it will provide a more
attractive residential and commercial climate within all areas of
the City. This code is intended to create a more attractive business
climate by regulating signage to work with public improvement projects
such as the excursion park, beach to bay corridor, bay front, boardwalk,
etc. This code seeks to enhance and protect the physical appearance
of all areas by reducing the obstructions and hazards to pedestrian
and auto traffic caused by indiscriminate placement and use of signs.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 1038 and 1431.
[Ord. No. 1492 (2010) § IV; Ord. No. 1568 (2014) § 1]
- AWNING AND CANOPY
- Shall mean a temporary or portable roof-like covering that projects from the wall of a building for the purpose of shielding openings from the elements.
- BANNER SIGN
- Shall mean any sign intended to be hung either with or without frames, possessing characters, letters, illustrations or ornamentation applied to paper, plastic, or fabric of any kind. National flags, flags of political subdivisions and symbolic flags of any holiday, season, institution, or business shall not be considered banners for the purpose of this section.
- BEACON LIGHTS
- Shall mean any light with one (1) or more beams, capable of being directed in any direction or directions or capable of being revolved automatically.
- HOLIDAY DECORATION SIGNS
- Shall mean temporary signs, in the nature of seasonal decorations clearly incidental to and customarily and commonly associated with any national, local, or religious holiday or observance.
- IDENTIFICATION SIGN
- Shall mean a sign giving the nature, logo, trademark or other identifying symbol, address, or any combination of the name, symbol and address of a building, business, development, or establishment on the premises where it is located.
- ROOF LINE
- Shall mean the juncture of the roof and the perimeter wall of the structure.
- SIGN
- Shall mean any object, device, display or structure, or part thereof, visible from the street or from any other property, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figure, design, symbols, fixtures, colors, illumination or projected images
- SIGNABLE FACADE AREA
- Shall mean the rectangular, continuous area on the wall of a building, which extends from the top line of window and doors on the first floor and the bottom line of the second floor, windows, roof, or cornice above, in an area that is uninterrupted by windows, architectural details or openings.
- SIGN AREA
- Shall mean the area of a sign, which is computed by multiplying the greatest width of the sign face by the greatest height of the sign face. The sign area shall include the sign face and any framing, trim, or molding, but shall not include the supporting structure.
- SIGN, "A" FRAME, (OR SANDWICH SIGN)
- Shall mean a type of portable sign capable of standing without support or attachment, which when viewed perpendicular to the message, resembles the shape of the letter "A."
 |
- SIGN, ANIMATED OR MOVING
- Shall mean any sign or part of a sign, which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation.
- SIGN, AWNING
- Shall mean a sign that is mounted to, painted on, or attached to an awning that is otherwise permitted by this section.
- SIGN, BENCH
- Shall mean a sign painted on, located on, or attached to any part of the surface of a bench, seat, or chair placed on or adjacent to a public place or roadway, excluding City benches regardless of any wording on a City bench.
- SIGN, BILLBOARD
- Shall mean a sign which contains a commercial message and which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
- SIGN, BUS SHELTER
- Shall mean a sign which contains a commercial message and which directs attention to a business, commodity, service or entertainment conducted, sold, or offered at a location other than the bus stop or bus shelter on which the sign is located.
- SIGN, CANOPY
- Shall mean a sign that is mounted to or painted on, or attached to a canopy that is otherwise permitted by this section.
- SIGN, CHANGEABLE COPY
- Shall mean a sign that is designed so that characters, letters or illustrations can be changed or rearranged without altering the face of or the surface of the sign.
- SIGN, COMMUNITY INFORMATION
- Shall mean a sign which contains messages of civic groups, churches or places of worship, and local special events which directs attention to a church or place of worship, facility, event, club or organization.
- SIGN, CONSTRUCTION
- Shall mean a temporary sign erected on the premises on which construction is taking place, during the period of such construction, indicating the names of architects, engineers, landscape architects, contractors, or similar artisans, and the owners, financial supporters, sponsors and similar individuals, or firms having a role or interest with respect to the structure or project.
- SIGN, DEMOLITION SALE
- See Sign, "yard sale" and Sign, "yard sales, directional."
- SIGN, DIRECTIONAL AND INFORMATIONAL
- Shall mean signs limited to directional messages, principally for pedestrian or vehicular traffic, such as "one-way," "entrance," and "exit." Window signs such as those that indicate hours of operation, credit card acceptance and business affiliations are considered as informational signs. No sign with a commercial message legible from a position on the street shall be considered directional or informational.
- SIGN, DIRECTORY
- Shall mean signs listing the tenants or occupants of a building or group of buildings. The respective professions or business activities may also be included as part of the sign.
- SIGN, FAÇADE
- See Sign, wall.
- SIGN FACE
- Shall mean the area or display surface used for the message.
- SIGN, FREESTANDING
- Shall mean any immovable sign not affixed to a building.
- SIGN, HOME OCCUPATION
- Shall mean a sign containing only the name and occupation of a permitted home occupation.
- SIGN, ILLUMINATED
- Shall mean a sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed towards the sign.
- SIGN, INFLATABLE
- Shall mean any display or object capable of being expanded by air or other gas and used on a permanent or temporary basis to advertise a product or event.
- SIGN, MARQUEE
- Shall mean a sign that is mounted, or painted on, or attached to a marquee that is otherwise permitted by this section.
- SIGN, MEMORIAL OR NAMEPLATE
- Shall mean memorial signs or tablets, names or building and date of erection when cut into any masonry surface, integral to the construction of a building, or when constructed of bronze or other incombustible material mounted on the face of a building, bench, or other structure.
- SIGN, NEIGHBORHOOD IDENTIFICATION
- Shall mean signs which identify any type of housing development by name.
- SIGN, NONCONFORMING
- Shall mean any sign that does not conform to the regulations of this section.
- SIGN, OFF-PREMISES
- See Sign, billboard.
- SIGN, OPEN HOUSE
- Shall mean an on-premises sign which identifies that a realtor or homeowner is conducting an "open house" at that residence.
- SIGN, OPEN HOUSE DIRECTIONAL
- Shall mean an off-premises sign directing the public to a residence where a realtor or homeowner is conducting an "open house."
- SIGN, POLITICAL
- Shall mean a temporary sign announcing or supporting political candidates or issues in connection with any national, State or local election.
- SIGN, PORTABLE
- Shall mean a sign that is not permanent, affixed to a building, structure or the ground such as an "A" frame, sandwich, or swinger sign. Determination of the Construction Official or his designated representative as to whether a sign is portable shall be controlling.
- SIGN, PROJECTING
- Shall mean a sign that is wholly or partly dependent upon a building for support and which projects more than twelve (12") inches from such building.
- SIGN, REAL ESTATE
- Shall mean a sign pertaining to the sale, rent or lease of the premises, or a portion of the premises, on which the sign is located.
- SIGN, RESIDENTIAL
- Shall mean a sign located in a district zoned for residential purposes that does not contain any commercial message except for goods or services legally offered on the premises on which the sign is located. See Sign, home occupation.
- SIGN, ROOF
- Shall mean a sign mounted on or above the roof of a building. A sign that projects above the top walk or edge of a building with a flat roof, above the eave line of a building with a gambrel, gable, mansard or hip roof.
- SIGN, SPECIAL EVENT
- Shall mean any sign sponsored by the Federal, State, County or local government and any sign sponsored by an agency, nonprofit group, public fundraising event required to notify the organizers, participants or general public of an event, parade route, or other route such as a run or walk for charity or other semi-public or public purpose.
- SIGN, STREET BANNER
- Shall mean any banner sign which is stretched across and hung over a public right-of-way.
- SIGN, SUSPENDED
- Shall mean a sign hanging down from a marquee, awning, canopy, porch or roof overhang that would otherwise exist without the sign.
- SIGN, SWINGER
- Shall mean a portable sign capable of standing without support or attachment, which when viewed perpendicular to the message, resembles the shape of the letter "T," inverted. In no case shall swinger signs be permitted to actually swing.
- SIGN, TEMPORARY
- Shall mean a sign constructed of paper, cloth, canvas, plastic, plywood, or other lightweight material intended to be displayed for a short period of time, normally less than thirty (30) days.
- SIGN, TIME AND TEMPERATURE
- Shall mean a sign or portion of a sign whose sole purpose is to indicate the time and/or temperature.
- SIGN, VEGETATIVE
- Shall mean a sign affixed to ground plant or vegetation to identify the vegetation and/or commemorate a person or event.
- SIGN, WALL
- Shall mean a sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign and which does not project more than twelve (12") inches from such building or structure.
- SIGN, WINDOW
- Shall mean a sign that is applied to or attached to the exterior or interior of a window or located in such manner within a building that it can be seen from the exterior of the structure through a window.
- SIGN, "YARD SALE"
- Shall mean an on-premises sign which identifies that an owner/tenant is conducting a "yard sale" which means: all general sales open to the public conducted from or on a premises for the purpose of disposing of personal property, including but not limited to all sales entitled demolition, yard, lawn, garage, attic, porch, room, flea market, tag, trunk, estate or rummage sale, at that residence pursuant to a permit and under conditions set forth in Chapter 4 Section 4-5. Governmental or charitable sales excluded.
- SIGN, "YARD SALES, DIRECTIONAL"
- Shall mean an off-premises sign directing the public to a residence where an owner/tenant is conducting a "yard sale" which means: all general sales open to the public conducted from or on a premises for the purpose of disposing of personal property, including but not limited to all sales entitled demolition, yard, lawn, garage, attic, porch, room, flea market, tag, trunk, estate, or rummage sale at that residence pursuant to a permit and under conditions set forth in Chapter 4 Section 4-5. Governmental or charitable sales are excluded.
- STREAMERS/PENNANTS
- Shall mean a temporary group of small decorative flags strung on a flexible cord or string designed to attract attention to the property.
[Ord. No. 1492 (2010) § V]
a.
A permitted professional office or approved home occupation, may
have one (1) sign not to exceed four (4) square feet and shall be
set back a minimum of three (3) linear feet from all property lines.
b.
A church or nonprofit organization may have two (2) signs not to
exceed a total of thirty-two (32) square feet displayed on the property.
One (1) sign may be an identification sign and one (1) sign may be
a changeable copy sign. All signs shall be a minimum of three (3')
feet from any property line.
c.
Real estate advertising signs not larger than six (6) square feet
in area may be placed temporarily on properties advertising the same
for sale. There shall be allowed no more than (2) advertising signs
on any one (1) property showing "For Sale" or "For Rent" or "For Lease"
and each such sign shall be limited to no larger than six (6) square
feet in area. Such signs, including "Sold" signs, shall be removed
within thirty (30) days from the date of sale of the property.
[Ord. No. 1492 (2010) § VI]
All signs in the business and commercial districts may be lighted.
a.
Signs advertising businesses conducted in a building on which a sign
is erected may be sixty (60) square feet in area, or twenty (20%)
percent of the gross area of the first two (2) floors of the front
of the building devoted to such business or commercial use, whichever
is greater. In the latter case, the sign area shall not exceed eighty
(80) square feet. Where a two (2) faced sign is used, the area of
one (1) side only shall be computed for the square footage thereof
if both sides of such sign are identical. No more than three (3) signs
per unit shall be permitted in a multiple dwelling structure.
b.
No sign shall extend over the sidewalk area of the public street
or over any other public right-of-way a distance greater than three
and one-half (31/2') feet, and the lowest portion of any such
sign shall be erected at least ten (10') feet above the sidewalk
or public right-of-way. No such sign shall be placed in any manner
which would interfere with the rights of the public to the free and
uninterrupted use of any such sidewalk or public right-of-way.
d.
In no case shall any sign or portion of any sign project above the
roof eave line or coping or project more than thirty (30') feet
above the elevation of the curb, whichever is greater.
e.
Signs may be illuminated provided that the illumination shall be
properly focused upon the sign itself so as to prevent glare upon
the surrounding area.
f.
Mobile signs shall be subject to any other applicable ordinances
of the City or statutes of the State.
g.
Red and green lighted signs shall not be permitted within fifty (50')
feet of a signaled intersection.
h.
No off-premises business sign permitted.
i.
Real estate advertising signs not larger than six (6) square feet
in area may be placed temporarily on properties advertising for sale
of same. There shall be allowed no more than two (2) advertising signs
on any one (1) property showing "For Sale" or "For Rent" or "For Lease"
and each such sign shall be limited to no larger than six (6) square
feet in area. Such signs, including "Sold" signs, shall be removed
within thirty (30) days from the date of sale of the property.
j.
Freestanding Signs.
1.
Where permitted, one (1) freestanding sign shall be permitted at
a rate of one (1) square foot of sign (per side), for every three
(3) linear feet of street frontage. Freestanding signs shall not exceed
a total maximum area of thirty (30) square feet per side.
2.
Freestanding signs shall be located a minimum of five (5') feet
from all property lines.
3.
Freestanding signs shall be no higher than fifteen (15') feet
above ground level, and shall have no more than two (2) sides.
k.
Temporary banners, limited to one (1) at a time, at least seven and
one-half (7 1/2) feet above grade and not greater than thirty-six
(36) square feet in total area, shall be permitted for seasonal or
temporary sales for fourteen (14) days prior and three (3) days after
the seasonal or temporary sale.
l.
Projecting
signs may not project more than sixty (60") inches from the exterior
wall of the building.
m.
Suspended signs may not extend farther away from the exterior wall
of the building than the structure from which it is supported. In
no case shall the suspended sign be greater than five (5') feet
from the exterior wall of the building.
n.
One (1) etched or painted permanent window sign shall be permitted
in windows of any retail or commercial business, providing it does
not exceed twenty-five (25%) percent of the window area.
o.
One (1) awning or canopy sign shall be permitted on the vertical
fringe of the awning or canopy providing the maximum letter height
does not exceed eight (8") inches. Under no circumstances shall the
awning or canopy be internally illuminated.
p.
Changeable copy signs are permitted.
q.
Time and temperature signs are permitted but in no case shall the
area of such signs exceed the maximums permitted.
r.
Neon or gas tubing signs are permitted and subject to the following
conditions:
1.
Neon or gas tubing attached to facades and roof lines to accentuate
architectural elements is considered to be a sign by definition in
the ordinance. A development application to the Planning Board and
Zoning Board is required to seek approval of neon tubing used as an
architectural element. In no case shall any neon or gas tubing exceed
an initial output of two hundred (200) lumens.
2.
No neon or gas tubing sign may revolve, flash or display movement
or the illusion of movement.
3.
Neon or gas tubing signs can be installed in windows but shall not
exceed twenty-five (25%) percent of the total window area. The area
of neon signs is calculated by creating a rectilinear area around
the sign and calculating the sign area within the rectilinear space.
4.
Whenever a parcel in the commercial district is directly across the
street from residential districts as shown on a map of Sea Isle City,
neon and gas tubing signs are prohibited.
5.
All neon or gas tubing signs are required to have an initial output
of less than two hundred (200) lumens.
s.
The City specifically recognizes the unique character and signage
located in and around the area of the City commonly known as "Fish
Alley." This section is intended to enhance and preserve this area
of the City with its lobster, fish and other unique signage by legalizing
such signage.
1.
Fish Alley" is defined as that commercial area from:
(a)
42nd Place, south side running Park Avenue to the bay:
Block 41.05 Lots 12-62.
(b)
Park Avenue from 42nd Place running south, both sides to 44th
Street, south side:
Block 41.05 Lots 1-11,
Block 43.05 Lots 1-11,
Block 42.04 Lots 1, 2, 3, 4.01, 17, 18, 19, 20, 21,
Block 43.04 Lots 1, 2, 3.01, 3.02, 4, 17, 18, 19
(c)
43rd Place from Park Avenue to the bay, both sides:
Block 42.05 Lots 1-43,
Block 42.06 Lots 1-40
2.
Any commercial signage within this area shall comply with the criteria
of this sign section with the exception of one large signature sign
per lot. Such signature sign shall be creative in shape and size,
depicting the fish alley heritage, and be a minimum size of forty
(40) square feet to a maximum of eighty (80) square feet. Sign must
be illuminated from interior. This sign is in addition to any other
sign permitted by this section.
[Ord. No. 1492 (2010) § 7; Ord. No. 1568 (2014) § 2]
a.
Public Use.
1.
In P1 and P3 Districts there are no restrictions on placement, number, size, etc., of City signs. No signs other than City signs permitted. Portable Signs are permitted on the Promenade consistent with Chapter 26, Section 26-28.5c8(b).
2.
In P2 and B1 Districts there shall be no signs.
[Ord. No. 1492 (2010) § VIIII; Ord. No. 1568 (2014) § 2]
a.
No sign, other than exempt signs set forth in paragraph c below,
shall be erected without first obtaining a sign permit from the Zoning
Officer. Permit applications shall be accompanied by a plan, drawn
to scale, showing details of the sign, type of illumination, type
of materials, colors, its size and location on the building and/or
lot.
b.
All development applications shall submit all signs for all commercial space/uses to be fitted out and occupied immediately upon issuance of a Certificate of Occupancy to be approved by the Planning Board or Zoning Board consistent with the Site Plan Review Ordinance, Chapter 30. Signs for all commercial space/uses not approved by a Board at the time of Site Plan Review shall obtain approval from the appropriate Board prior to fit out, or occupancy, subject to application of Site Plan waiver pursuant to Chapter 30, subsection 30-2.2a7. Either Board shall have the authority to vary requirements of this section consistent with land use law.
c.
Exemptions. The following signs are permitted in any zone without
prior approvals:
1.
Real estate rental or sale sign consistent with this section.
2.
One (1) nonilluminated construction sign is permitted on any premises
for which a zoning or construction permit has been issued, which sign
shall be removed within seven (7) days of either the completion of
construction or the issuance of the final Construction Department
Certificate of Occupancy, or final Construction Department inspection
of the project to which the sign relates, whichever comes first.
3.
Decorations for a recognized officially designated holiday or casual
observance provided that they do not create a traffic or fire hazard.
4.
Official municipal, County, State or Federal governmental signs.
5.
Political signs are permitted on private property throughout the
City provided that they do not create a traffic or fire hazard. All
political signs shall be removed no later than two (2) days after
election.
6.
Signs denoting the name and address of the occupants of the premises,
which signs shall not exceed two (2) square feet in area.
7.
Signs for a demolition sale that has obtained a permit. Such signs
may not exceed three (3) square feet and shall not be attached to
trees or utility poles. Demolition sale signs may not be erected more
than three (3) days prior to such sale, and must be removed immediately
after the sale.
8.
(a)
Portable signs, including a swinger, "A" frame or sandwich sign,
no larger than eight (8) square feet when, utilized to advertise daily
specials, special events, restaurant menu specials and the like, providing
the sign is only displayed when the establishment is open for business.
These signs shall be located on the property to which they relate
and under no circumstances shall these signs impede pedestrian flow
or be located in a sight triangle.
(b)
Portable signs as defined in subsection 26-28.1 will be permitted on the Promenade provided all requirements are met as defined below in this section. This section prohibits the use of "A" Frame signs or sandwich signs on the Promenade. Portable signs on the Promenade shall expire on May 1, 2015. Until then, notwithstanding any provision to the contrary in this section, one (1) portable sign shall be permitted in front of a place of business along the Promenade in the public right-of-way as defined by this section, provided they comply with the following provisions:
(1)
Each place of business
holding a mercantile license along the Promenade is allowed one (1)
sign and in no case shall a place of business along the Promenade
be allowed more than one (1) sign and shall comply with paragraph
c herein.
[a]
Insurance. No portable sign shall be placed in
the City right-of-way along the Promenade without providing the City
with proof of the following:
[1]
Insurance. Each applicant must supply the City
with a certificate of insurance to hold harmless the City, showing
limits of not less than one million ($1,000,000.00) dollars bodily
injury and property damage, combined single limit of liability; and
for any establishments that are permitted to allow or sell alcoholic
beverages, the applicant shall also provide for liquor liability insurance
with not less than two million ($2,000,000.00) dollars bodily injury
and property damage, combined single limit of liability. The City
must be added to the liability insurance policy of any business displaying
a portable sign as allowed by this section along the Promenade, as
an additional insured. The policy or policies of insurance must be
with a company or companies authorized to do business in the State
of New Jersey and shall be delivered to the City, with evidence of
payment of premiums therefor.
The City shall be designated by business owner to be notified
by the insurance company in the event of cancellation of insurance
for any reason.
[b]
Hold Harmless Agreement. Business owners displaying
a portable sign as permitted by this section along the Promenade must
also agree to save, hold and keep harmless and indemnify the City
from and for any and all payments, expenses, costs, attorney fees
and from any and all claims and liability for losses or damage to
property or injuries to persons occasioned wholly or in part by or
resulting from any acts or omission by the business owner or the business
owner's agents, employees, guests, licensees, invitees, assignees
or successors, or for any cause or reason whatsoever arising out of
or by reason of the use of the City's right-of-way along the
Promenade by the business owner and the conduct of the owner's
business within that portion of the Promenade area for which a portable
sign is displayed as permitted by this section was granted to the
respective business owner. The action by the business owner of placing
the portable sign in the City's right-of-way along the Promenade
as permitted by this section shall be deemed conclusive evidence of
the business owner's agreement to indemnify the City as aforesaid.
However, in addition, the business owner shall execute and deliver
a hold harmless agreement to the City, in a form supplied by the City,
prior to placement of any sign.
(2)
Sign shall be located on the Promenade along the west railing
not to extend out more than thirty-six (36") inches from said railing.
(3)
The location of the sign must not be in front of any beach entrance,
boardwalk ramp, bench or trash can, not block or restrict passageway
along the Promenade or block the ingress/egress to any building. Signs
shall be located within the proximity of the business owner's
front door. No sign shall be located within ten (10') feet of
another sign.
(4)
Portable signs located on a public right-of-way shall not violate
the requirement of the Americans with Disability Act (ADA) as amended
from time to time.
(5)
The sign shall not exceed three and one-half (3 1/2) feet
in height nor two and one-half (2 1/2) feet in width, with a
total square footage not to exceed the permitted area as allowed in
paragraph c, herein.
(6)
All signs shall be maintained by the owners of the sign at all
times, in a clean, neat and attractive condition and in good repair.
The area around the sign shall be kept free of debris and litter at
all times.
(7)
The sign must be temporary and readily removable without any
damage to the surface of the Promenade, adequately weighed so as not
to move easily and shall not be permitted to have any material(s)
attached to it or hanging from it such as but not limited to flyers,
ribbons, balloons, streamers, electrical components, speakers, it
shall not be illuminated, animated, or anything of the like in any
way.
(8)
The owner of the sign shall ensure that it does not blow around
by bringing the sign in when weather conditions occur that would cause
the sign to be blown around or by designing a sign of durable materials
designed to withstand the types of exterior conditions that come to
the Promenade.
(9)
Examples of the types of portable signs anticipated by this
section are shown below.
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(10)
The advertising of alcoholic beverages shall not
be permitted on portable signs. No picture or drawings of alcoholic
beverages shall be permitted on the portable sign.
(11)
The sign is allowed only during the sign owner's
business hours and must be moved inside when the business is not open.
(12)
No signs shall be placed anywhere on the Promenade
during special events on the Promenade and/or when directed by the
Construction Official.
(13)
Any disputes over location of signs shall be resolved
by the Construction Official whose determination shall be final. The
Construction Official shall have the right to require the relocation
of any sign deemed to be an interference with public use of the Promenade.
(14)
Signs shall comply with all applicable City, State
and Federal Laws and regulations.
9.
Restaurant menus when displayed in a glass case affixed to the exterior
building wall for that purpose, or when displayed on a signboard located
in close proximity to the restaurant entrance located on private property.
The area of the signboard or display case shall not exceed the menu
size by more than thirty (30%) percent, and shall not be greater than
four (4) square feet.
10.
Temporary window signs shall not impede a clear view through the
total storefront window area, and shall be promptly removed upon termination
of the sale or event, and shall not be displayed for longer than one
hundred twenty (120) days.
11.
Directional and informational window signs including hours of operation,
credit card acceptance, and business affiliations are considered informational
signs and are not included in the twenty-five (25%) percent maximum
permitted window sign area. No sign with a commercial message legible
from a position on the street shall be considered directional and
informational.
12.
Open house directional signs, open house signs and streamers/pennants may be posted. Balloons are permitted. Helium filled balloons are prohibited. Open house directional signs and open house signs shall have a face no greater than six (6) square feet and a height no greater than six (6') feet and must be constructed of materials that will collapse or crush easily to avoid injury if a person contacts it. This is the only permissible sign. One (1) sign per intersection to a maximum of two (2) signs may be posted at nearby intersections and within the public right-of-way (between curb and the sidewalk). No other real estate sign shall be posted at a residence while an open house sign is posted there. A banner sign may be posted on premises along with an open house sign posted in accordance with this subsection and hanging no lower than seven and one-half (7 1/2') feet from grade. Open house directional signs, open house signs, streamers/pennants and banner signs shall be posted only from 9:00 a.m. to 5:00 p.m. daily and a representative of the realtor or homeowner shall be present on premises and shall hold an open house for no longer than three (3) consecutive days, and at the conclusion of each day, such signs shall be promptly removed by the realtor/homeowner. The Zoning Official and Code Enforcement Official are hereby authorized to remove any open house directional sign and to request the immediate removal of any open house sign, streamers/pennants, or banner signs that are posted in violation of these conditions. These powers shall be in addition to those remedies and penalties set forth under Section 26-90.
13.
Signs defined as "yard sale" and "yard sale directional signs" which
do not include open houses, may be posted in accordance with this
subsection only if the sponsor has a current permit for the "yard
sale." Balloons are permitted. Helium filled balloons are prohibited.
Yard sale directional signs and yard sale signs shall have a face
no greater than three (3) square feet and a height no greater than
three (3') feet and must be constructed of materials that will
collapse or crush easily to avoid injury if a person contacts it.
One (1) sign per intersection to a maximum of two (2) signs total
may be posted at nearby intersections and within the public right-of-way
(between the curb and the sidewalk). Yard sale signs and yard sale
directional signs shall be posted only from 7:00 a.m. to 5:00 p.m.
daily and a representative of the sponsor is present on the premises
and must be removed promptly when the sale is over.
14.
Temporary banner signs on buildings promoting functions of nonprofit
organizations shall be permitted one hundred twenty (120) days prior
to the event and shall be removed three (3) days after the event.
These signs shall not exceed thirty-two (32) square feet.
[Ord. No. 1492 (2010) § IX]
All signs, which are not expressly permitted or exempt from
regulation in accordance with this chapter, are prohibited. The following
are examples of signs, which are expressly prohibited:
a.
Signs on JFK Boulevard median islands other than traffic safety,
directional, public warning signs and special event signs;
b.
Signs hung or attached to Boardwalk railings;
c.
Beacons;
d.
Tethered balloons;
e.
Signs using red, yellow and green lights, which mimic the operation
of any traffic control signal;
f.
Signs using the words such as "stop," "look," "danger," which are
placed to constitute a traffic hazard or interfere with the free flow
of traffic;
g.
Roof signs or signs mounted on the roof;
h.
Vehicles or trailers located to serve as a sign in circumvention
of this section;
i.
Signs which present lewd language or graphic sexual depictions;
j.
Bench signs, which display a commercial message;
k.
Bus shelter signs;
l.
Temporary signs of builders, architects, engineers, developers, contractors,
mechanics, painters, paperhangers, and/or artisans, except where expressly
permitted;
m.
Any signs on trees or utility poles;
n.
Signs worn on a person, with both a front and back panel, commonly
referred to as a "sandwich board;"
o.
Signs painted or attached to a motor vehicle, trailer, or other portable
device which is so located or so placed as to be intended to be used
as an advertisement or billboard.
[Ord. No. 1492 (2010) § X]
The purpose of this section is to promote the unique scenic
beauty of the City of Sea Isle City. Specifically, N.J.A.C. 16:41C-1
et seq., entitled Roadside Sign Control and Outdoor Advertising, prohibits
billboards and off-premises signs adjacent to the Garden State Parkway,
scenic areas, and in residential areas. Whereas there are no highways
located in or adjacent to the City, and whereas residential districts
are located in proximity to commercial districts and there are no
industrial districts located in or adjacent to the City, the City
of Sea Isle City hereby prohibits all billboard and/or off-premises
signs.
[Ord. No. 1038 § 414.01]
All uses shall design lighting to prevent glare beyond property
lines.
[Ord. No. 1038 § 414.02]
For all uses the maximum height of freestanding lights shall
be twenty-five (25') feet.
[Ord. No. 1038 § 414.03]
For all uses the following intensity standards shall apply:
A minimum of three-tenths (0.3) foot candle anywhere in the area to
be illuminated, and shall average a minimum of five-tenths (0.5) foot
candle over the entire area.
[Ord. No. 1038 § 414.04; Ord. No. 1510 (2011) § 23]
Lighting shall additionally be designed to:
a.
Blend with the architectural style of buildings.
b.
Provide for safe movement of pedestrians and vehicles, and shall
include low or mushroom type standards along pedestrian walkways or
wall hung fixtures.
c.
Lighting standards of all rights-of-way should meet the Illuminating
Engineering Society (IES) photometric requirements.
d.
The types of lights and fixtures used on the site should be consistent
throughout.
1.
Sternberg Lighting's Ripon A 1130A, 150 watt, colored black
or Reno 1910-508-5, 100 watt, colored black or approved equivalent
shall be installed.
2.
Bollards are recommended to be used to light pedestrian areas. Sternberg
Lighting's 7701 LB Birmingham 70 watt high pressure sodium with
a four (4) foot mounting height, colored black or approved equivalent
shall be installed.
e.
Not create a hazard to vehicular traffic within in the public street.
[Ord. No. 1038 § 415.01; Ord. No. 1477 (2010) § II]
The use of satellite television antennas in the City is hereby
permitted as a conditional use in all zoning districts. No such antenna
shall be erected, constructed, altered or maintained in any district
and/or on any lot without complying with the conditions of this section
and all other sections of this chapter.
[Ord. No. 1038 § 415.02; Ord. No. 1477 (2010) § II]
Conditions governing the use of satellite television antennas:
a.
No more than one (1) antenna is permitted on any residential lot.
b.
Antennas are to be located in the rear yard of all residential lots.
In no instance shall an antenna be located in a front yard or a side
yard.
c.
All antennas shall be set back from all side yard and rear property
lines by at least five (5') feet. In no instance shall any portion
of the antenna be located closer than five (5') feet from all
side yards and rear property lines.
d.
All antennas are to be "ground mounted." Specifically, no antenna
is to be mounted upon or placed upon the roof of any structure.
e.
No portion of an antenna is to exceed eighteen (18') feet in
height as measured from the existing ground level. Satellite television
antenna foundations are to be designed so that the antenna can withstand
winds of one hundred (100) miles per hour. Prior to the installation
of the antenna, certification that the antenna can withstand winds
of one hundred (100) miles per hour shall be submitted to the City
by a professional engineer licensed by the State.
f.
The maximum diameter of an antenna shall not exceed ten (10')
feet. All antennas are to be properly screened with landscaping so
as to minimize the view of the antenna from adjacent properties and
streets. One (1) example of properly screening an antenna with landscaping
would be evergreen plantings planted four (4') feet center to
center, which plantings would be between four (4') and five (5')
feet high at the time they are planted.
g.
In no way will this section prohibit or restrict the installation,
maintenance or use of antennas used to receive video programming.
This applies to video antennas including direct-to-home satellite
dishes that are less than one (1) meter (39.37") in diameter as pursuant
to rule 47 CFR 1.4000.
[Ord. No. 1477 (2010) § III]
a.
The primary purpose of a solar energy system will be to provide power
for the principal use of the property wherein said system is to be
located and shall not be for the generation of power for commercial
purposes for resale.
b.
Solar energy systems shall only be permitted as an accessory use
on the same lot as the principal use. All solar energy systems require
approval from the Zoning Officer and the local Construction Officer
prior to installation. Applications for an energy system shall include
information demonstrating compliance with the provisions of this subsection.
In the event that the Zoning Officer or Construction Office does not
believe the provisions of this subsection will be satisfied, an applicant
may request and/or file a variance application from the City's
Zoning Ordinance, as amended, as applicable.
c.
Applicability of Section. This section shall apply to systems intended
for the provision of the electrical or mechanical power needs of the
owner/operator of the system and/or property situated with the solar
energy systems. Said approval shall cover the location of the system
as shown on the plan submitted as part of the application for approval.
For systems intended for uses other than the ones stated, the City's
Planning Board or Zoning Board approvals shall be required. Any solar
energy systems installation not meeting the requirements or contents
of this section shall submit a variance plan to applicable Planning
or Zoning Board for consideration.
[(Ord. No. 1477 (2010)
§ IV]
a.
Solar Energy Systems.
1.
Solar panels shall be permitted as a rooftop installation in any zoning district. The solar panels shall not exceed a height of twelve (12") inches from the surface of the rooftop. In no event shall the placement of the solar panels result in a total height including building and panels greater than one (1') foot to what is permitted in the zoning district, which they are located for the principal building. Building height is defined in each district of the Zoning Ordinance, Chapter 26. Panels installed in a rooftop configuration must be installed within the actual boundaries or edges of the roof area and cannot overhang any portion of the edge of roof.
2.
Any solar panels and/or arrays mounted on a pole, tower and/or ground
mounted apparatus or array of any size is prohibited under this section.
b.
The design of solar energy systems shall, to the extent reasonably
possible, including but not limited to rooftop installations, interconnection
cabinets, etc., use materials, and colors, textures, screening and
landscaping that will blend into the natural setting and existing
environment.
c.
Rooftop installations must not interfere with any operation of plumbing
fixtures protruding from the rooftop level as required by the New
Jersey Plumbing Codes.
d.
Signs. There shall be no signs that are visible from any public road
posted on a solar energy system or any associated building, except
for the manufacturer's or installer's identification in
accordance with paragraph g below, appropriate warning signs, or owner
identification. Solar energy systems shall not be used for displaying
any advertising except for small and reasonable identification of
the manufacturer or operator of the system. In no case shall any identification
sign be visible from a property line.
e.
Utility Notifications and Interconnection. Solar systems that connect
to the electric utility shall comply with the New Jersey's Net
Metering and Interconnection Standards for Class I Renewable Energy
Systems at N.J.A.C. 14:4-9.
1.
Labeling Requirements. A minimum of one (1) sign shall be posted
near ground level on the interconnection cabinet warning of high voltage.
In addition, the following information shall be posted on a label
or labels on the interconnection cabinet of the solar energy system:
(a)
The maximum power output of the system.
(b)
Nominal voltage and maximum current.
(c)
Manufacturer's name, address and telephone number, serial
number and model number.
(d)
Emergency and normal shutdown procedures.
Should the solar energy system interconnection cabinet be located
on the inside of a structure, a sign notifying the existence of a
solar energy system shall be placed on the outside of the building,
near the electrical and/or gas meter in order to notify emergency
personnel of the solar energy system.
2.
Utility Company Notification. The Atlantic City Electric Company,
its successors and assigns, and/or as designated by State authority,
shall be notified in writing of any proposed interface to the Company's
grid prior to installing such interface and shall conform to any legislated
requirements governing installations of solar energy systems so as
to comply with the Utility Tariff specifications. Evidence of such
notification shall be submitted at time of application for zoning
permit and/or building permit.
f.
Standards for and Regulation of Solar Energy System.
1.
Construction. Solar energy system construction shall be in accordance
with the appropriate sections of the Basic Building Code as adopted
and as currently amended, by the State of New Jersey, and any future
amendments and/or revisions to same.
2.
The installation of a solar energy system shall conform to the National
Electric Code as adopted by the NJDCA and/or any other applicable
agency with jurisdiction. The installation of a solar energy system
is subject to any and all Atlantic City Electric Company requirements
for interconnection, its successors and assigns, and/or as designated
by State authority, in perpetuity.
3.
The structural design of any solar energy system shall be signed
and sealed by a professional engineer, licensed in the State of New
Jersey, certifying that the structural design complies with all of
the standards set forth for safety and stability in all applicable
codes then in effect in the State of New Jersey and all sections referred
to hereinabove.
4.
Utility Company Notification. The Atlantic City Electric Company,
its successors and assigns, and/or as designated by State authority
shall be notified in writing of any proposed interface with that Company's
grid prior to installing such interface and shall conform to any legislated
requirements governing installations of solar energy conversion systems
so as to comply with the Utility Tariff specifications. Copy of said
notification shall be submitted at time of application.
5.
The property owner and/or installer of the solar panel installation
must receive approvals from any outside agencies having jurisdiction
over the project prior to the installation.
g.
Miscellaneous.
1.
All electric lines/utility wires shall be buried underground, as
applicable and by applicable regulation and/or Code. All electric
lines/utility wires leading down the side of the structure from rooftop
installations shall be placed and tacked as aesthetically as possible.
2.
When a building or cabinet is necessary for storage cells or related
mechanical equipment, it must be documented as to the necessity. The
building may not exceed one hundred twenty (120) square feet in area
nor eight (8) feet in height and must be located at least the number
of feet equal to the accessory building setback requirements of the
Zoning District from any property line. Any mechanical equipment associated
with and necessary for operation, including any building or cabinet
for batteries and storage cells, shall be equipped with a lock and
posted with a small sign notifying the existence of a solar energy
system batteries and storage cells on the outside of the building
or cabinet, in order to notify emergency personnel.
3.
Solar energy system shall not add, contribute to or be calculated
to cause an increase in the "building coverage of all buildings" requirement
and/or maximum lot impervious surface(s) coverage of any lot, parcel
and/or property.
4.
Any approval of solar energy system does not create any actual or
inferred solar energy system easement against adjacent property and/or
structures. The owner and/or property owner of solar energy system
shall not infer or claim any rights to protective writs to any caused
shadows or operating ineffectiveness against future development adjacent
to or higher than the property location of the solar energy system.
The approval of any solar energy system granted by the City of Sea
Isle City under this section shall not create any future liability
or infer any vested rights to the owner and/or property owner of solar
energy system on the part of the City of Sea Isle City or by any other
officer or employee thereof for any future claims against said issuance
of approval of solar energy system that result from reliance on this
section or any administrative decision lawfully made there-under.
[Ord. No. 1477 (2010) § V]
a.
Permit. A zoning and building permit shall be required for the installation
of a solar energy system. An owner shall submit an original and one
(1) copy of the application for zoning permit to the Zoning Officer.
A building permit shall be applied for at the Sea Isle City Construction
Office, as a separate application.
b.
Documents. The zoning and building permit applications shall be accompanied
by a sketch plan or survey which shall accurately depict the proposed
solar energy system and includes the following:
1.
Property lines and physical dimensions of the property;
2.
Location, dimension (including height) and types of existing major
structures on the property;
3.
Location, dimension, and type of the proposed energy system;
4.
The right-of-way of any public road that is contiguous with the property;
5.
Any overhead utility lines;
6.
Manufacturer solar energy system specification/cut sheets certified
by licensed New Jersey engineer, including manufacturer and model;
7.
Notification of utility company for interconnection purposes;
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The documents and plans shall contain enough information and
accurately depict the installation of the solar energy system for
the City of Sea Isle City to make a formal decision on the application.
The amount of information and accuracy of information shall be in
the sole judgment of the Zoning Officer and/or Sea Isle City Construction
Office.
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c.
Fees. The fee required must accompany the application for a
zoning permit for a solar energy system. A fee of $200 per each application
is required, payable to the City of Sea Isle City. The Sea Isle City
Construction Office shall set building permit fees.
[Amended 8-27-2019 by Ord. No. 1637]
e.
The Zoning Officer shall issue a zoning permit or deny the application
within ten (10) days of the date on which the application is deemed
complete.
[N.J.S.A. 40:55D-78]
f.
If the zoning permit application is approved, the Zoning Officer
will return one (1) signed copy of the application with the zoning
permit and retain the other copy with the application.
g.
If the zoning permit application is rejected, the Zoning Officer
will notify the applicant in writing and provide a written statement
of the reason why the application was rejected. The applicant may
appeal the Zoning Officer's decision pursuant to the appropriate
appeal authority. The applicant may reapply if the deficiencies specified
by the Zoning Officer are resolved.
h.
Applications for applicable permits from the Sea Isle City Construction
Office shall follow the applicable time limits and procedures of the
Sea Isle City Construction Office.
[Ord. No. 1477 (2010) § VI]
a.
The Zoning Officer shall administer this section or other City of
Sea Isle City official as designated.
b.
The Construction Official and any Subcode Official may enter any
property for which a permit application has been applied for and/or
permit been issued under this ordinance to conduct an inspection to
determine whether the conditions stated in the permit have been met.
c.
At the discretion of the Zoning Officer, and/or Sea Isle City Construction
Office for which a zoning, building and/or electrical permit was obtained
as applicable, the City reserves the right to require the applicant
to obtain and submit an "As-Built" survey upon completion of the solar
energy system evidencing the exact location and height of the structures
to insure said installation is made in accordance with the requirements
of the City of Sea Isle City.
d.
The Construction Official may issue orders to abate any violation
of this section. The Construction Official may issue a citation for
any violation of this section.
e.
The Construction Official may refer any violation of this section
to the City of Sea Isle City's legal counsel for enforcement.
[Ord. No. 1477 (2010) § VII]
a.
It is unlawful for any person to construct, install, or operate a
solar energy system that is not in compliance with this section.
b.
Solar energy systems installed prior to the adoption of this section
are exempt from the requirements of this section.
c.
Any person who fails to comply with any provision of this section shall be subject to enforcement and penalties as stipulated in subsection 26-90.3.
d.
Nothing in this subsection shall be construed to prevent the City
Council and/or administrative officers of the City of Sea Isle City
from using any other lawful means to enforce this section.
[Ord. No. 1038 § 416]
No building shall be constructed within an easement.
[Ord. No. 1038 § 417.01]
Privately owned recreational areas may include swim clubs, lodges,
and other recreational facilities, and shall remain in recreational
use as approved on the development plan. Said uses shall be guaranteed
by deed dedication of the recreational areas when they are no longer
used for private recreational uses as approved on the development
plan. Said deed restriction shall also guarantee to the residents
of the development area the use of the private recreational facilities,
upon payment of normal fees only.
[Ord. No. 1038 § 417.02]
a.
The deed restrictions and covenants described above shall provide
that the City and a duly created Homeowners Association shall be party
beneficiary to such covenant and entitled to enforce its provisions.
The Planning Board shall have the right to require a private Homeowners
Association to hold title to all open space, common areas or recreational
facilities, or to require such areas and facilities to be in municipal
ownership after consideration of the relative merits of each alternative
as to requirements of and service to the City as a whole and the specific
development.
b.
Membership in the Homeowners Association by all development residents
shall be mandatory. Such required membership and the responsibilities
upon the members shall be in writing between the Homeowners Association
and the individual, in the form of a covenant by each member, agreeing
to their liability for their pro rata share of the association's
costs and providing that the City shall be a party beneficiary to
such covenant and entitled to enforce its provisions.
c.
The Association shall be responsible for liability insurance, local
taxes, maintenance of land deeded to it, and any facilities that may
be erected on this land. The property owners in an approved Homeowners
Association shall pay pro-rata shares of the cost for providing liability
insurance, local taxes and the maintenance of such deeded open land
and any recreation facility upon it. The assessment levy by the Association
may become a lien on the part of the private property in the development.
The duly created Homeowners Association shall be allowed to adjust
the assessment to meet changing needs, and any deeded lands may be
sold, donated, or in any other way conveyed to the City for a public
purpose only, such as schools, parks, municipal facilities and other
public use.
d.
The Homeowners Association, initially created by the developer, shall
clearly describe in its bylaws the rights and obligations of any homeowner
in the development, along with the covenants and model deeds, the
articles of incorporation of the Association, and any other information
that the City and its attorney may deem necessary for the protection
of all parties concerned, prior to the granting of final approval
by the Planning Board.
e.
Provisions shall be made to ensure that control of the Homeowners
Association shall be transferred to the individual homeowners in the
development at such time as the lot owners, on the basis of one (1)
vote per lot, shall represent two-thirds (2/3) of the total number
of votes. Adequate provision shall be made for homeowner representation
during development and for a smooth transition of responsibility and
control.
f.
In the event that the organization established to own and maintain
common open space shall at any time after establishment of the development
fail to maintain the common open space in reasonable order and condition
in accordance with the plan, the City may serve notice, hold hearings
and enter upon said common open space in order to maintain same, and
the cost of such maintenance by the City shall be assessed ratably
against the properties within the development that have a right of
enjoyment of the common open space, and shall become a tax lien on
said properties.
[Ord. No. 1038 § 417.03]
All common open space shall be developed and maintained in accordance
with the development plan. All landscaping and fencing will be replaced
as required as a part of the common open space maintenance program.
[Ord. No. 1038 § 417.04]
a.
All of the streets within the development and all land to be devoted to public purposes shall be deeded to the City. Land to be used as common open space by all homeowners and tenants shall be deeded to a duly created Homeowners Association or to the City in accordance with subsection 26-32.2.
b.
All executed deeds shall be tendered simultaneously with the granting
of final development approval. The dedication of open space land,
streets or other lands in common ownership of the Homeowners Association
shall be absolute and not subject to revision for possible future
use for further development.
c.
The lands to be deeded for public purposes shall be located, shaped,
improved, and developed as approved by the Planning Board, which shall
consider the suitability, physical condition and location of lands
with regard to their proposed uses and to the needs of the neighborhoods,
area or entire City in reaching its determination.
[Ord. No. 1038 § 418]
In all nonresidential districts and for nonconforming nonresidential
uses in residential districts, appropriate facilities for placement
of trash and garbage shall be required. Such facilities shall be designed
so that they are completely enclosed and contents are not visible;
they fit within an overall project design; they are buffered from
principal structures, parking facilities and pedestrian and vehicular
roadways; they meet the approval of the City Construction Code Official
and the Superintendent of Public Works. Roofing is not required. Provisions
for the collection, disposition and recycling of recyclable materials
shall be subject to any other applicable ordinances of the City or
State Statutes.
[Ord. No. 1038 § 419]
No structure, including cantilevered or supported decks or porches,
shall be permitted to encroach on a defined canal or lagoon right-of-way.
If the property owner's deed permits the placement of a pier,
dock or mooring piling within a lagoon right-of-way, these structures
may be permitted provided that they do not exceed the limits prescribed
in the deed. However, in no case shall a pier, dock or mooring piling
be located within thirty (30') feet of the lagoon center line.
These provisions do not apply to Rio Delle Ponte which is governed
by the special provisions of Ordinance No. 963 of the City of Sea
Isle City.
[Ord. No. 1038 § 420]
No structures, including but not limited to buildings, decks,
porches, carports, garages, terraces and patios, and no parking spaces
shall be permitted within ten (10') feet of any current dune
line. Dune protection and nourishment structures are excepted.
[Ord. No. 1383 § IV; Ord. No. 1397 (2006) § VI; Ord. No. 1462 (2009) § IV]
a.
The maximum permitted impervious lot coverage in all zoning districts
shall be seventy (70%) percent of the lot area, except as specified
herein:
b.
Impervious surface coverage allowances may be offset a maximum of
five (5%) percent above the maximum impervious surface coverage limits
established in Section 23-36a in certain instances, provided that
the developer designs and constructs an underground recharge system
approved by the City Engineer, Planning Board Engineer, or Zoning
Board Engineer, as appropriate. Prior to issuance of a zoning permit
or final approval of an application for development, the recharge
system must be designed by a licensed New Jersey engineer and approved
by the City Engineer, Planning Board Engineer, or Zoning Board Engineer,
as appropriate. Prior to occupancy of a Certificate of Occupancy for
the subject premises, the design engineer must provide written certification
that the system has been constructed and will function as designed
and approved; and the applicant/owner shall certify that the maintenance
program and schedule will be adhered to.
[Ord. No. 1383 § V; Ord. No. 1397 (2006) § VII]
a.
Prior to the issuance of any Certificate of Occupancy or prior to
the actual occupancy of any building, the owner of the building or
agent designated or appointed by the owner shall submit to the Zoning
Officer a certification prepared by a licensed surveyor of the State
of New Jersey demonstrating compliance with the applicable side yard
setbacks, rear yard setbacks, front yard setbacks, building height,
building coverage, impervious surface coverage, off-street parking,
driveway, landscaping, and such other information as may be required
by the Zoning Officer to verify zoning compliance. Upon receipt of
said certification, the Zoning Officer shall review the information
and, if it is determined by the Zoning Officer that the proposed structure
meets the use requirements and all applicable bulk requirements, he
shall issue a final Zoning Permit to the Construction Official.
b.
In the event the Zoning Officer determines that the project does
not conform to the use, bulk standards, or other applicable provisions
of the zoning regulations and/or conditions as may have been approved
by either the Planning Board or Board of Adjustment, he shall immediately
send written notification to the applicant/owner of the findings and
deviations.
[1]
Editor's Note: Prior ordinance history includes portions
of Ordinance Nos. 1383 and 1397 (2006).
[Ord. No. 1480 (2010) § I]
a.
General Standards.
1.
Channeling runoff directly to water bodies is prohibited. Instead,
runoff shall be routed through swales, gutters, downspouts or other
drainage systems designed to increase the time of concentration, decrease
the velocity or runoff, increase infiltration and allow suspended
material to settle.
2.
Natural channels shall not be modified, developed, dredged, cleared
of vegetation, deepened, widened, straightened or otherwise altered.
Artificial channels should not be dredged, cleared of vegetation,
deepened, widened, straightened or otherwise altered without any applicable
permits issued by the New Jersey Department of Environmental Protection
or any other state or federal entity with jurisdiction. Water should
be retained or detained before it enters any natural channel in order
to preserve the natural hydrodynamics of the channel and to prevent
siltation or other forms of pollution.
[Amended 9-24-2019 by Ord. No. 1643]
3.
Gutters and downspouts shall be required to transport stormwater
runoff from roofs and buildings. Retention and detention facilities
should be used in connection with gutters and downspouts to transport
stormwater runoff and to retain and detain the increased and accelerated
runoff which the development generates. Water should be released from
detention facilities into watercourses or wetlands at a rate and in
a manner approximating the natural flow which occurred before development.
4.
The sides of any detention and/or retention basin should slope at
a gentle grade into the basin bottom as a safeguard against drowning
and personal injury and to ensure the structural integrity of the
facility.
5.
The bottom of all proposed detention and/or retention structures
should be at least two (2') feet above any impervious soil formations
and/or the seasonal high water table found in the soil logs.
6.
The area of land disturbed by development shall be as small as practicable.
Those areas which are not to be disturbed should be protected by an
adequate barrier from construction activity using acceptable soil
erosion and sedimentation control techniques. Whenever possible, natural
vegetation should be retained and protected.
7.
No grading, cutting or filling should be commenced until the plan
is approved by the municipality, County Planning Board (where applicable)
and the Soil Conservation District.
8.
Land which has been cleared for development and upon which construction
has not commenced should be protected from erosion by appropriate
techniques designed to revegetate the area.
9.
The maintenance cost of all on-site stormwater collection and management
systems is to be borne by the property owner(s). The responsibility
for maintenance of off-site facilities is to be determined by the
applicable land use board at the time of any preliminary review and
approval. The City has the right to enter upon any property located
within Sea Isle City to maintain any on-site storm- water collection
and management system or privately owned off-site stormwater collection
and management system located within the City and to charge the property
owner for the cost of such maintenance work, in the event the property
owner fails to live up to the obligations of maintenance contained
herein. The construction of any stormwater management collection and
management system grants the City of Sea Isle City the right to access
all facilities to effectuate the purpose of inspection and repair
of those facilities as may be necessary. The City shall maintain all
publicly owned stormwater collection and management systems located
within the City of Sea Isle City.
b.
Stormwater Management Plan Details and Design Criteria. The following
information shall be submitted along with any application for development.
1.
The proposed finished grade elevations at the corner of any structure
or structures;
2.
Existing topography and proposed grading at contour intervals of
one (1') foot;
3.
The lowest elevation within any proposed structure after its completion;
4.
The location, type and size of all existing and proposed storm drainage
facilities and other utilities serving the premises in question;
5.
The location, size and nature of all existing and proposed drainage
rights-of-way or easements, and the location, size and description
of any land to be dedicated to the City;
6.
The layout and size of any existing or proposed public street(s);
7.
The location, type and size of all existing and proposed erosion
and siltation control measures, such as slope protection, soil stabilization,
sedimentation basins, sediment traps, headwalls and water retention
facilities;
8.
All the pertinent rainfall data, stream flow data, gauging, etc.,
on which any calculations are based;
9.
Complete calculations and hydraulic profiles for normal, average
and storm of record;
10.
In addition, where required by the Planning Board, the developer
shall furnish information relating to subsurface condition, based
on percolation tests, soil borings and/or probes; and
11.
Any and all other information and data necessary to meet any of the
requirements of this chapter.
c.
In order to duplicate as nearly as possible natural drainage conditions,
regulation and control of stormwater runoff and erosion shall be through
on-site stormwater detention and/or ground absorption systems, which
shall include but are not limited to the following:
1.
Detention areas, which may be depressions in parking areas, excavated
basins or basins created through the use of curbs or other forms of
grading which serves to temporarily impound and store water.
2.
Rooftop storage through temporary impoundment and storage of stormwater
on flat or slightly pitched building rooftops by the use of drain
outlets, which restrict the stormwater runoff to the roof surface.
3.
Dry wells or leaching basins which control stormwater runoff through
ground absorption and temporary storage.
4.
Porous asphalted pavement, which preserves the natural ground absorption
capacity of a site and provides a subsurface reservoir for temporary
storage of stormwater.
5.
Any system of porous media, such as gravel trenches drained by porous
wall or perforated pipe, which temporarily stores and dissipates stormwater
through ground absorption.
6.
Any combination of the above-mentioned techniques as approved by
the City Engineer which serves to limit and control stormwater runoff
from a given site.
d.
Stormwater retention facilities shall be designed so the peak rate
and volume of surface runoff that occurred prior to development is
not exceeded after development. The outlet for any stormwater retention
facility shall be designed such that the discharge rate does not exceed
the peak runoff rate for conditions existing on or before the effective
date of this section, such that there is no adverse effect on any
property.
[Ord. No. 1480 (2010) § II; Ord. No. 1516 (2012) §§ 1,
2; Ord. No. 1602-2017 §§ 1-4]
a.
Scope and Purpose.
1.
Policy Statement. While the provisions of this subsection may have
limited or no application to property within the City of Sea Isle
City, the City is, nevertheless, required to enact this section. The
State of New Jersey has imposed the requirements of this subsection
and costs therefore on municipalities with no funding to pay the cost
of implementation of this State mandate. 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. Source 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 BMPs may be necessary to achieve the established
performance standards for water quality, quantity, and groundwater
recharge.
2.
Purpose. It is the purpose of this subsection to establish minimum stormwater management requirements and controls for "major development," as defined in subsection 26-38.2b.
3.
Applicability.
4.
Compatibility with Other Permit and Ordinance Requirements Development
approvals issued for subdivisions and site plans pursuant to this
section are to be considered an integral part of development approvals
under the subdivision and site plan 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.
b.
Definitions. 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.
- 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:
|
A County planning agency; or
|
|
A County water resource association created under
N.J.S.A. 58:16A-55.5, if the ordinance or resolution delegates authority
to approve, conditionally approve, or disapprove municipal stormwater
management plans and implementing ordinances.
|
- DEPARTMENT
- Shall mean the New Jersey Department of Environmental Protection.
- DESIGNATED CENTER
- Shall mean a State Development and Redevelopment Plan Center as designated by the State Planning Commission such as urban, regional, town, village, or hamlet.
- 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 (2) 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 means: any activity that requires a State permit, any activity reviewed by the County Agricultural Board (CAB) and the State Agricultural Development Committee (SADC), and municipal review of any activity not exempted by the Right to Farm Act, N.J.S.A 4:1C-1 et seq.
- DRAINAGE AREA
- Shall mean a geographic area within which stormwater, sediments, or dissolved materials drain to a particular receiving water body or to a particular point along a receiving water body.
- ENVIRONMENTALLY CRITICAL AREAS
- 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.
- IMPERVIOUS SURFACE
- Shall mean a surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
- INFILTRATION
- Shall mean the process by which water seeps into the soil from precipitation.
- MAJOR DEVELOPMENT
- Shall mean any "development" that provides for ultimately disturbing one (1) 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 any city, borough, town, township, or village.
- NODE
- Shall mean an area designated by the State Planning Commission concentrating facilities and activities which are not organized in a compact form.
- NUTRIENT
- Shall mean a chemical element or compound, such as nitrogen or phosphorus, which is essential to and promotes the development of organisms.
- PERSON
- Shall mean any individual, corporation, company, partnership, firm, association, City of Sea Isle City, or political subdivision of this State subject to municipal jurisdiction pursuant to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
- 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
- Shall mean and include both hazardous and nonhazardous pollutants.
- RECHARGE
- Shall mean the amount of water from precipitation that infiltrates into the ground and is not evapotranspired.
- SEDIMENT
- Shall mean solid material, mineral or organic, that is in suspension, is being transported, or has been moved from its site of origin by air, water or gravity as a product of erosion.
- SITE
- Shall mean the lot or lots upon which a major development is to occur or has occurred.
- SOIL
- Shall mean all unconsolidated mineral and organic material of any origin.
- STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING AREA (PA1)
- Shall mean an area delineated on the State Plan Policy Map and adopted by the State Planning Commission that is intended to be the focus for much of the State's future redevelopment and revitalization efforts.
- STATE PLAN POLICY MAP
- Shall mean the geographic application of the State Development and Redevelopment Plan's goals and statewide policies, and the official map of these goals and policies.
- STORMWATER
- Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.
- STORMWATER 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 nonstormwater 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.
- 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
- Shall mean previously developed portions of areas:
|
a.
|
Delineated on the State Plan Policy Map (SPPM) as the Metropolitan
Planning Area (PA1), Designated Centers, Cores or Nodes;
|
|
b.
|
Designated as CAFRA Centers, Cores or Nodes,
|
|
c.
|
Designated as Urban Enterprise Zones; and
|
|
d.
|
Designated as Urban Coordinating Council Empowerment Neighborhoods.
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- 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.
c.
General Standards.
1.
Design and Performance Standards for Stormwater Management Measures.
(a)
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 subsection 26-38.2d. 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.
(b)
The standards in this subsection 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.
d.
Stormwater Management Requirements for Major Development.
1.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with subsection 26-38.2j.
2.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department' 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).
3.
The following linear development projects are exempt from the groundwater
recharge, stormwater runoff quantity, and stormwater runoff quality
requirements of subsection 26-38.2d6 and 7:
(a)
The construction of an underground utility line provided that
the disturbed areas are revegetated upon completion;
(b)
The construction of an aboveground utility line provided that
the existing conditions are maintained to the maximum extent practicable;
and
(c)
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.
4.
A waiver from strict compliance from the groundwater recharge, stormwater
runoff quantity, and stormwater runoff quality requirements of subsection
26-38.2d6 and 7 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:
(a)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(b)
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 subsection 26-38.2d,6 and 7 to the maximum extent practicable;
(c)
The applicant demonstrates that, in order to meet the requirements of subsection 26-38.2d,6 and 7, existing structures currently in use, such as homes and buildings, would need to be condemned; and
(d)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under subsection 26-38.2d4(c) above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of subsection 26-38.2d,6 and 7 that were not achievable on-site.
5.
Nonstructural Stormwater Management Strategies.
(a)
To the maximum extent practicable, the standards in subsection
26-38.2d6 and 7 shall be met by incorporating nonstructural stormwater
management strategies set forth at subsection 26-38.2d5 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 measures identified
in paragraph (5) below into the design of a particular project, the
applicant shall identify the strategy considered and provide a basis
for the contention.
(b)
Nonstructural stormwater management strategies incorporated
into site design shall:
(1)
Protect areas that provide water quality benefits or areas particularly
susceptible to erosion and sediment loss;
(2)
Minimize impervious surfaces and break up or disconnect the
flow of runoff over impervious surfaces;
(3)
Maximize the protection of natural drainage features and vegetation;
(4)
Minimize the decrease in the "time of concentration" from preconstruction
to post construction. "Time of concentration" is 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;
(5)
Minimize land disturbance including clearing and grading;
(6)
Minimize soil compaction;
(7)
Provide low-maintenance landscaping that encourages retention
and planting of native vegetation and minimizes the use of lawns,
fertilizers and pesticides;
(8)
Provide vegetated open-channel conveyance systems discharging
into and through stable vegetated areas;
(9)
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:
[a]
Site design features that help to prevent accumulation of trash and debris in drainage systems, including features that satisfy subsection 26-38.2d5(c) below;
[b]
Site design features that help to prevent discharge
of trash and debris from drainage systems;
[c]
Site design features that help to prevent and/or
contain spills or other harmful accumulations of pollutants at industrial
or commercial developments; and
[d]
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.
(10)
Encourage the use of green approaches rather than
concrete measures.
[Added 9-24-2019 by Ord.
No. 1643]
(c)
Site design features identified under subsection 26-38.2d5(b)(9)[b] above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 26-38.2d5(c)(3) below.
(1)
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:
[a]
The New Jersey Department of Transportation (NJDOT)
bicycle safe grate, which is described in Chapter 2.4 of the NJDOT
Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines
(April 1996); or
[b]
A different grate, if each individual clear space
in that grate has an area of no more than seven (7.0) square inches,
or is no greater than 0.5 inches across the smallest dimension. Examples
of grates subject to this standard include grates in grate inlets,
the grate portion (non-curb-opening portion) of combination inlets,
grates on storm sewer manholes, ditch grates, trench grates, and grates
of spacer bars in slotted drains. Examples of ground surfaces include
surfaces of roads (including bridges), driveways, parking areas, bikeways,
plazas, sidewalks, lawns, fields, open channels, and stormwater basin
floors.
(2)
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 (2) 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.
(3)
This standard does not apply:
[a]
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;
[b]
Where flows from
the water quality design storm as specified in paragraph d7(a) are
conveyed through any device (e.g., end of pipe netting facility, manufactured
treatment device, or a catch basin hood) that is designed, at a minimum,
to prevent delivery of all solid and floatable materials that could
not pass through one of the following:
[1]
A rectangular space four and five-eighths (4 5/8")
inches long and one and one-half (1 1/2") inches wide (this option
does not apply for outfall netting facilities); or
[2]
A bar screen having a bar spacing of 0.5 inches.
Where flows are conveyed through a trash rack that has parallel bars
with one (1") inch spacing between the bars, to the elevation of the
water quality design storm as specified in subsection 26-38.2d7; or
[c]
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.
(d)
Any land area used as a nonstructural stormwater management measure to meet the performance standards in subsections 26-38.2d,6 and 7 shall be dedicated to a government agency, subjected to a conservation restriction filed with the appropriate 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.
6.
Erosion Control, Groundwater Recharge and Runoff Quantity Standards.
(a)
This paragraph 6 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.
(1)
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.
(2)
The minimum design
and performance standards for groundwater recharge are as follows:
[a]
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at subsection 26-38.2e, either:
[1]
Demonstrate through hydrologic and hydraulic analysis
that the site and its stormwater management measures maintain one
hundred twenty-five (125%) percent of the average annual pre-construction
groundwater recharge volume for the site; or
[2]
Demonstrate through hydrologic and hydraulic analysis
that the increase of stormwater runoff volume from preconstruction
to post-construction for the 2-year storm is infiltrated.
[b]
This groundwater recharge requirement does not
apply to projects within the "urban redevelopment area," or to projects
subject to paragraph (c) below.
[c]
The following types of stormwater shall not be
recharged:
[1]
Stormwater from areas of high pollutant loading.
High pollutant loading areas are areas in industrial and commercial
developments where solvents and/or petroleum products are loaded/unloaded,
stored, or applied, areas where pesticides are loaded/unloaded or
stored; areas where hazardous materials are expected to be present
in greater than "reportable quantities" as defined by the United States
Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where
recharge would be inconsistent with Department approved remedial action
work plan or landfill closure plan and areas with high risks for spills
of toxic materials, such as gas stations and vehicle maintenance facilities;
and
[2]
Industrial stormwater exposed to "source material."
"Source material" means any material(s) or machinery, located at an
industrial facility, that is directly or indirectly related to process,
manufacturing or other industrial activities, which could be a source
of pollutants in any industrial stormwater discharge to groundwater.
Source materials include, but are not limited to, raw materials; intermediate
products; final products; waste materials; by-products; industrial
machinery and fuels, and lubricants, solvents, and detergents that
are related to process, manufacturing, or other industrial activities
that are exposed to stormwater.
[d]
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.
(3)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at subsection 26-38.2e, complete one (1) of the following:
[a]
Demonstrate through hydrologic and hydraulic analysis
that for stormwater leaving the site, post-construction runoff hydrographs
for the 2-, 10-, and 100-year storm events do not exceed, at any point
in time, the pre-construction runoff hydrographs for the same storm
events;
[b]
Demonstrate through hydrologic and hydraulic analysis
that there is no increase, as compared to the pre-construction condition,
in the peak runoff rates of stormwater leaving the site for the 2-,
10-, and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
[c]
Design stormwater management measures so that the
post construction peak runoff rates for the 2-, 10- and 100-year storm
events are 60, 80 and 85 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
[d]
In tidal flood hazard areas, stormwater runoff
quantity analysis in accordance with paragraphs [a], [b] and [c] above
shall only be applied if the increased volume of stormwater runoff
could increase flood damages below the point of discharge.
(b)
Any application for a new agricultural development that meets the definition of major development at subsection 26-38.2b shall be submitted to the appropriate Soil Conservation District for review and approval in accordance with the requirements of this section and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For the purposes of this section, "agricultural development" means land uses normally associated with the production of food, fiber and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacturing of agriculturally related products.
7.
Stormwater Runoff Quality Standards.
(a)
Stormwater management measures shall be designed to reduce the
post-construction load of total suspended solids (TSS) in stormwater
runoff by eighty (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
one-quarter (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 one and one-quarter (1.25) inches of
rainfall in two (2) 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
| ||
(b)
For purposes of TSS reduction calculations, Table 2 below presents the presumed removal rates for certain BMPs designed in accordance with the New Jersey Stormwater Best Management Practices Manual. The BMP Manual may be obtained from the address identified in subsection 26-38.2g., or found on the Department's website at www.njstormwater.org. The BMP Manual and other sources of technical guidance are listed in subsection 26-38.2g. TSS reduction shall be calculated based on the removal rates for the BMPs 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, PO Box 418 Trenton, New Jersey, 08625-0418.
(c)
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 26-38.2f3
|
|
Sand Filter
|
80
|
|
Vegetative Filter Strip
|
60-80
|
|
Wet Pond
|
50-90
|
(d)
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.
(e)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include nonstructural strategies and structural measures that optimize nutrient removal while still achieving the performance standards in subsections 26-38.2d,6 and 7.
(f)
Additional information and examples are contained in the New Jersey Stormwater Best Management Practices Manual, which may be obtained from the address identified in subsection 26-38.2g.
(g)
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.
(h)
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 HUC14 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:
(1)
The applicant shall preserve and
maintain a special water resource protection area in accordance with
one of the following:
[a]
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.
[b]
Encroachment within the designated special water
resource protection area under paragraph [a] 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 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.
(2)
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.
(3)
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:
[a]
Stabilization measures shall not be placed within
two hundred (200') feet of the Category One waterway;
[b]
Stormwater associated with discharges allowed by
this section shall achieve a ninety-five (95%) percent TSS post-construction
removal rate;
[c]
Temperature shall be addressed to ensure no impact
on the receiving waterway;
[d]
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;
[e]
A conceptual project design meeting shall be held
with the appropriate Department staff and Soil Conservation District
staff to identify necessary stabilization measures; and
[f]
All encroachments proposed under this section shall
be subject to review and approval by the Department.
(4)
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 subsection 26-38.2d7(h) 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 subsection 26-38.2d7(h) shall maintain or enhance the current functional value and overall condition of the special water resource protection area as defined in subsection 26-38.2d7(h)(1)[a] above. In no case shall a stream corridor protection plan allow the reduction of the Special Water Resource Protection Area to less than two hundred (200') feet as measured perpendicular to the waterway subject to this subsection.
(5)
This paragraph d7(h) does not apply to the construction of one
(1) 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.
e.
Calculation of Stormwater Runoff and Groundwater Recharge.
1.
Stormwater runoff shall be calculated in accordance with the following:
(a)
The design engineer shall calculate runoff using one of the
following methods:
(1)
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 Section 4 —
Hydrology and Technical Release 55 — Urban Hydrology for Small
Watersheds; or
(2)
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations.
(b)
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the preconstruction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology at subsection 26-38.2e1(a)(1) and the Rational and Modified Rational Methods at subsection 26-38.2e1(a)(2). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five (5) years without interruption prior to the time of application. If more than one (1) land cover have existed on the site during the five (5) years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
(c)
In computing preconstruction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce pre-construction stormwater runoff rates and volumes.
(d)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds and other methods may be employed.
(e)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
2.
Groundwater recharge may be calculated in accordance with the following:
(a)
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.
f.
Standards for Structural Stormwater Management Measures.
1.
Standards for structural stormwater management measures are as follows:
(a)
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; and the presence
of solution-prone carbonate rocks (limestone).
(b)
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 (1") inch and a maximum spacing between bars of six (6")
inches. In addition, the design of trash racks must comply with the
requirements of subsection 26-38.h2.
(c)
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.
(d)
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.
2.
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 subsection 26-38.2d of this section.
g.
Sources for Technical Guidance.
1.
Technical guidance for stormwater management measures can be found
in the documents listed at paragraphs (a) and (b) 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.
(a)
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.
(b)
The New Jersey Department of Environmental Protection Stormwater
Management Facilities Maintenance Manual, as amended.
2.
Additional technical guidance for stormwater management measures
can be obtained from the following:
(a)
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 each Soil Conservation District may be obtained
from the State Soil Conservation Committee, P.O. Box 330, Trenton,
New Jersey, 08625; (609) 292-5540;
(b)
The Rutgers Cooperative Extension Service, 732-932-9306; and
(c)
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.
h.
Safety Standards for Stormwater Management Basins.
1.
This paragraph sets forth requirements to protect public safety through
the proper design and operation of stormwater management basins. This
paragraph applies to any new stormwater management basin.
2.
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
(a)
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:
(1)
The trash rack shall have parallel bars, with no greater than
six (6") inch spacing between the bars.
(2)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure.
(3)
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.
(4)
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.
(b)
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:
(1)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(2)
The overflow grate spacing shall be no less than two (2") inches
across the smallest dimension.
(3)
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.
(c)
For purposes of this paragraph (c), escape provisions means
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:
(1)
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 subsection 26-38.2h3
a freestanding outlet structure may be exempted from this requirement.
(2)
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 (2 1/2') feet. Such safety ledges
shall be comprised of two (2) steps. Each step shall be four (4')
to six (6') feet in width. One step shall be located approximately
two and one-half (2 1/2') feet below the permanent water
surface, and the second step shall be located one (1') to one
and one-half (1 1/2') feet above the permanent water surface.
See subsection 26-38.2h4 for an illustration of safety ledges in a
stormwater management basin.
(3)
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.
3.
Variance or Exemption from Safety Standards.
(a)
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.
4.
Illustration of Safety Ledges in a New Stormwater Management Basin.
 |
i.
Requirements for a Site Development Stormwater Plan.
1.
Submission of Site Development Stormwater Plan.
(a)
Whenever an applicant seeks municipal approval of a development
subject to this ordinance, the applicant shall submit all of the required
components of the Checklist for the Site Development Stormwater Plan
at subsection 26-38.2i3 below as part of the submission of the applicant's
application for subdivision or site plan approval.
(b)
The applicant shall demonstrate that the project meets the standards
set forth in this subsection.
(c)
The applicant shall submit six (6) signed and sealed copies
of the materials listed in the checklist for site development stormwater
plans in accordance with subsection 26-38.2i3 of this subsection.
2.
Site Development Stormwater Plan Approval. The applicant's site
development project shall be reviewed as a part of the subdivision
or site plan review process by the municipal board or official from
which municipal approval is sought. That municipal board or official
shall consult the engineer retained by the Planning and/or Zoning
Board (as appropriate) to determine if all of the checklist requirements
have been satisfied and to determine if the project meets the standards
set forth in this subsection.
3.
Checklist Requirements. The following information shall be required:
(a)
Topographic Base Map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of two hundred (200') feet beyond the limits of the
proposed development, at a scale of 1"=200' or greater, showing
2-foot contour intervals. The map as appropriate may indicate the
following: existing surface water drainage, shorelines, steep slopes,
soils, erodible soils, perennial or intermittent streams that drain
into or upstream of the Category One waters, wetlands and flood plains
along with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
(b)
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 sensitive features
and to those that provide particular opportunities or constraints
for development.
(c)
Project Description and Site Plan(s). A map (or maps) at the
scale of the topographical base map indicating the location of existing
and proposed buildings, roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations 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.
(d)
Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of subsections 26-38.2e through f are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(e)
Stormwater Management Facilities
Map. The following information, illustrated on a map of the same scale
as the topographic base map, shall be included:
[1]
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, and details of the proposed plan to
control and dispose of stormwater.
[2]
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.
(f)
Calculations.
[1]
Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in subsection 26-38.2d of this section.
[2]
When the proposed stormwater management control measures (e.g.,
infiltration basins) depends 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.
(g)
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of subsection 26-38.2j.
(h)
Waiver from Submission Requirements. The municipal official or board reviewing an application under this chapter may, in consultation with the Municipal Engineer, waive submission of any of the requirements in subsections 26-38.2i3(a) through i3(f) of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
j.
Maintenance and Repair.
1.
Applicability.
(a)
Projects subject to review as in subsection 26-38.2a3 of this
section shall comply with the requirements of subsections 26-38.2j2
and j3.
2.
General Maintenance.
(a)
The design engineer shall prepare a maintenance plan for the
stormwater management measures incorporated into the design of a major
development.
(b)
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.
(c)
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.
(d)
If the person responsible for maintenance identified under subsection 26-38.2j2(b) above is not a public agency, the maintenance plan and any future revisions based on subsection 26-38.2j2(g) below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(e)
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.
(f)
The person responsible for maintenance identified under subsection 26-38.2j2(b) 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.
(g)
The person responsible for maintenance identified under subsection 26-38.2j2(b) above shall inspect the facility and evaluate the effectiveness of the maintenance plan at least once per year and adjust the plan and the deed as needed. The responsible person shall submit a report of such inspection to the City annually.
(h)
The person responsible for maintenance identified under subsection 26-38.2j2(b) 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 subsections 26-38.2j2(f) and j2(g) above.
(i)
The requirements of subsections 26-38.2j2(c) and j2(d) do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency.
(j)
In the event that the stormwater management facility becomes
a danger to public safety or public health, or if it is in need of
maintenance or repair, the municipality shall so notify the responsible
person in writing. Upon receipt of that notice, the responsible person
shall have fourteen (14) days to effect maintenance and repair of
the facility in a manner that is approved by the 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.
3.
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.
l.
Effective Date. This subsection shall take effect immediately upon
the approval by the County review agency, or sixty (60) days from
the receipt of the section by the County review agency if the County
review agency should fail to act.
[Ord. No. 1384 § II]
All towers and antennas within the City of Sea Isle City shall
be subject to these regulations except for those listed in paragraphs
a and b following below:
a.
Lawful, preexisting, nonconforming towers and antennas, as hereinabove
described, shall be entitled to the protections and limitations available
to lawful, pre-existing, nonconforming structures.
b.
Any antenna that is less than thirty-five (35') feet in height
and is used for receive-only transmissions.
[Ord. No. 1384 § II; Ord. No. 1431 §§ CXI, CXII]
A communication tower and antenna shall be a permitted conditional
use only in the P2 and P3 Zones within the City of Sea Isle City,
subject to the following conditions:
a.
Communication towers shall only be permitted on property owned, leased
or otherwise controlled by City of Sea Isle City.
b.
The City of Sea Isle City must give its consent before its property
may be used for a communication tower. This consent shall be in the
form of a resolution of approval adopted by the Governing Body.
c.
No communication tower shall be erected or operated within the City
except pursuant to a license issued by the Governing Body or a lease
entered into between the operator of the facility and the City.
d.
No tower shall be erected within the City of Sea Isle City if there
exists the ability to extend a preexisting structure to adequately
and lawfully accommodate a communication tower.
e.
All towers shall either maintain a galvanized steel finish or, subject
to any applicable standards of the Federal Aviation Administration
(FAA), be painted a neutral color so as to reduce visual obtrusiveness.
f.
All towers shall not be artificially lighted, unless required by
the FAA or other applicable authority. If lighting is required, the
lighting alternatives and design chosen must cause the least disturbance
to the surrounding views.
g.
No signs shall be allowed on an antenna or tower.
[Ord. No. 1384 § II; Ord. No. 1431 § CXIII]
All applications for the construction or modification of towers
or antennas within the City of Sea Isle City shall be made to the
Governing Body.
[Ord. No. 1384 § II]
a.
All towers and antennas must meet or exceed current standards and
regulations of the Federal Aviation Administration, the Federal Communications
Commission, and any other agency of the State or Federal government
with the authority to regulate towers and antennas; if such standards
and regulations are changed, then the owners of the towers and antennas
governed by this chapter shall bring such towers and antennas into
compliance with such revised standards and regulations within six
(6) months of the effective date of such standards and regulations,
unless a different compliance schedule is mandated by the controlling
State or Federal agency. Failure to bring towers or antennas into
compliance with such revised standards and regulations shall constitute
grounds for the removal of the tower or antenna at the owner's
expense.
b.
To ensure the structural integrity of towers or antenna, the owner
of a tower or antenna shall ensure that it is maintained in compliance
with standards contained in applicable State or local building codes.
If, upon inspection, the City concludes that a tower or antenna fails
to comply with such codes and standards and constitutes a danger to
persons or property, then upon notice being provided to the owner
of the tower or antenna, the owner shall have thirty (30) days to
bring such tower or antenna into compliance with such standards. Failure
to bring such tower or antenna into compliance within said thirty
(30) days shall constitute grounds for the removal of the tower or
antenna at the owner's expense.
c.
In the event any communication tower or antenna shall be abandoned
or not operated for a period of one (1) year, the same may be removed,
at the option of the City of Sea Isle City, at the sole expense of
the operator.
[Ord. No. 1510 (2011) § 24]
Street furnishings are the objects and equipment installed on
streets for various purposes, which includes benches, bollards, streetlights,
bicycle stands, trash cans, etc. Street furnishings have the potential
to provide visual unity for the City and enhance the public realm.
Additionally, a coordinated approach to furnishings allow for creativity
and branding of Sea Isle.
[Ord. No. 1510 (2011) § 25]
a.
In the event street furnishings are to be installed on a City street
the following street furnishing shall be utilized:
1.
Benches.
(a)
Benches are required on all sidewalks greater than eight (8')
feet in width.
(b)
Benches shall be placed adjacent to the curb and parallel to
the street.
(c)
Benches shall be placed every one hundred (100') linear
feet or as determined by the City Engineer.
(d)
Benches shall be the Prestige Series style #PP412 from the manufacturer
Wabash Valley Manufacturing, Inc. six (6') foot with back and
are surface mounted, welded wire pattern and mounting plate cover,
colored black or approved equivalent.
2.
Trash Cans.
(a)
Trash cans are required on all sidewalks greater than six (6')
feet in width.
(b)
Trash cans shall be placed adjacent to the curb.
(c)
Trash cans shall be placed every one hundred (100') linear
feet, alternating with the benches or as determined by the City Engineer.
(d)
Trash cans shall be style #FR400 from the manufacturer Wabash
Valley Manufacturing, Inc., thirty-two (32) gallon, welded wire pattern,
colored black or approved equivalent.
b.
The following street furnishings are required to be installed on
all City-owned streets:
2.
Planters.
(a)
Planters are required where it has been determined that the
required street trees may not be installed due to utilities or other
obstructions.
(b)
Planters shall be style #PL104 from the manufacturer Wabash
Valley Manufacturing, Inc., and in height, welded wire pattern, colored
black or approved equivalent.
3.
Lighting.
(a)
Lighting is required where to provide safe movement of vehicles
and pedestrians.
(b)
The types of lights and fixtures used on the site should be
consistent throughout.
(c)
Sternberg Lighting's Ripon A 1130A, 150 watt (black) or
Reno 1910508-5, 100 watt (black) or approved equivalent shall be installed
for streetlights.
(d)
Bollards are recommended to be used to light pedestrian areas.
Sternberg Lighting's 7701LB Birmingham 70 watt high pressure
sodium with a four (4') foot mounting height (black) or approved
equivalent shall be installed.
[Ord. No. 1510 (2011) § 26]
This section shall apply to all site plan applications in a
commercial zone.
[Ord. No. 1510 (2011) § 27]
The following guidelines shall be used to prepare and review
the physical, visual and spatial characteristics and overall appearance
of a development plan in relationship to the existing streetscape,
neighborhood and district in which such is located and to the City
generally.
a.
An individual development plan shall not be considered on its own,
but with sufficient regard to the existing streetscape neighborhood
and district in which it is located and to the City generally. Consideration
and respect shall be given to abutting and nearby properties and the
existing buildings, site improvements and open spaces located thereon
and in adjacent portions of the public right-of-way.
b.
The physical, visual and spatial characteristics of a streetscape,
neighborhood, district and the City generally shall be established
and reinforced through the consistent use of compatible design elements.
Such design elements shall relate the physical, visual and spatial
characteristics of an individual development to other existing and
planned developments in a harmonious manner, resulting in a coherent
overall development pattern for an entire streetscape, neighborhood
and district and the City generally. In the case of an addition or
renovation to an existing building, the development plan shall also
relate to and reinforce design elements of such existing building.
Design elements to be addressed in a development plan shall include
but not be limited to the following:
1.
Scale, as defined by the height of a building and its component elements.
2.
Massing, as defined by the shape, dimensions and volume of the solid
form of a building.
3.
Proportion, as defined by comparing the width of a building wall
to the height of the same.
4.
Rhythm of solid to voids, as defined by comparing the solid portions
of a building wall to the voids formed by door and window openings
and recesses in the same.
5.
Horizontal courses, as defined by the base course, middle wall section,
belt courses and cornice of a building.
6.
Projections and recesses, as defined by the projections formed by
such elements as bay windows, dormers, cornices and eaves from the
building wall surface and the indentations formed by such elements
as porch and window recesses from the same.
7.
Roof form, as defined by the type, shape and pitch of the roof of
a building.
8.
Entrance treatment, as defined by the placement and articulation
of the entrance to a building.
9.
Street orientation, as defined by the visual and functional orientation
of the front facade and entrance of a building to the street and sidewalk.
10.
Architectural style, materials, colors and details.
[Ord. No. 1510 (2011) § 28]
This section shall apply to all site plan applications in a
commercial zone.
[Ord. No. 1510 (2011) § 29]
The purpose of the architecture design standards is to establish
a set of principles and requirements that reflect the City's
desire for a coastal seashore village. These principles will enhance
the commercial zones and encourage development and redevelopment at
a scale that is pedestrian-oriented. The guidelines work to provide
standards that allow for flexibility and creativity while encouraging
high-quality development. High-quality development is long-lasting
and will increase property values. The goal is to create buildings
that are attractive, improve the City's commercial zones image
and enliven the streetscape.
[Ord. No. 1510 (2011) § 30; Ord. No. 1557 (2013); Ord.
No. 1563 (2014) § 12]
The following standards shall be used to prepare and review
the architectural design of all buildings and structures in a development
plan. All buildings shall be designed to convey a coastal seashore
village scale and character. Where a development plan involves an
existing building or a site upon which an existing building is located
and the existing building will remain, the existing building shall
be repaired, renovated and restored to comply with this article.
a.
Massing.
1.
Building wall offsets, including both projections and recesses, shall
be provided along any street-facing building wall measuring greater
than fifty (50') feet in length in order to provide architectural
interest and variety to the massing of a building and relieve the
negative visual effect of a single, long wall.
2.
The maximum spacing between such vertical offsets shall be thirty-three
(33') feet. The minimum projection or depth of any individual
vertical offset shall not be less than two (2') feet.
3.
Vertical offsets can include pilasters, projecting bays, changes
in facade materials, balconies, etc.
b.
Articulation.
1.
All street-facing building walls shall have a clearly defined base,
body and cap.
2.
The base of the building shall align with either the kickplate or
sill level of the first story.
3.
The body section of a building may be horizontally divided at floor,
lintel or sill levels with belt courses.
4.
The architectural treatment of a façade shall be completely
continued around all street facing facades of a building. All sides
of a building shall be architecturally designed so as to be consistent
with regard to style, materials, colors and details.
c.
Roof.
1.
The shape, pitch and color of a roof shall be architecturally compatible
with the style, materials and colors of such building.
2.
If the building has a flat roof, a parapet shall project vertically
to hide any roof-mounted mechanical equipment. Additionally, a cornice
shall project out horizontally from the facade and shall be ornamented
with moldings, brackets or other details.
3.
Pitched roofs are encouraged to have dormers, chimneys, cupolas and
other similar elements to provide architectural interest. These elements
shall be compatible with the style, materials, colors and details
of the building.
4.
Roofline offsets shall be provided along any roof measuring more
than forty (40') feet in length in order to provide architectural
interest and articulation to a building.
5.
When viewed in elevation, no more than fifty (50%) percent of the
roofline shall be flat. In this instance, mansard roofs are considered
to be flat roofs.
6.
Roof top heating, ventilating and air-conditioning (HVAC) systems,
exhaust pipes and stacks, satellite dishes and other telecommunications
receiving devices shall be screened or otherwise specially treated
to be inconspicuous as viewed from the primary or secondary street
and adjacent properties.
d.
Transparency.
1.
Ground floor uses in the commercial districts shall have large pane
display windows on the street-facing frontages. Such windows shall
be framed by the surrounding wall and shall be a minimum of thirty
three (33%) percent glass of the total ground level facade area, as
measured floor to ceiling and width of commercial space.
2.
Transoms above display windows in the commercial districts are encouraged.
3.
Windowsills shall not be more than three (3') feet above the
sidewalk in the commercial districts. Base panels or bulkheads are
encouraged between the sidewalk and the windowsills.
4.
Windows shall be vertically proportioned (taller than wider) where
possible.
5.
Buildings of architectural styles that normally have windows with
muntins (vertical dividers) or divided lights shall utilize those
types of windows.
6.
Glass blocks are not permitted on facades that abut a public street
in the commercial districts.
7.
Exterior security grates are prohibited.
e.
Entrances.
1.
The primary entrance to any building shall front on a public street.
2.
All entrances to a building shall be defined and articulated by utilizing
such elements as lintels, pediments, pilasters, columns, porticos,
porches, overhangs, railings, balustrades and other such elements,
where appropriate.
3.
Any such element utilized shall be architecturally compatible with
the style, materials, colors and details of such building.
f.
Materials.
1.
Building facades visible from a public street shall consist of durable,
long-lasting materials. Appropriate materials include brick, stone,
cast stone, clapboard, cedar shakes or other high-quality material.
2.
Each structure or building should have a maximum of three (3) colors,
excluding the roof.
g.
Lighting.
1.
Light fixtures attached to the exterior of a building shall be designed
to be architecturally compatible with the style, materials, colors
and details of such building and other lighting fixtures used on the
site.
2.
The type of light source used on buildings, signs, parking areas,
pedestrian walkways and other areas of a site shall be the same or
compatible.
3.
The use of low-pressure sodium or mercury vapor lighting either attached
to buildings or to light the exterior of buildings shall be prohibited.
h.
Awnings and Canopies.
1.
Awnings and canopies are encouraged in the C1 and C2 Districts to
add visual interest to the streetscape and to provide occasional shelter
for pedestrians.
2.
Awnings and canopies that extend over the right-of-way of a street
shall be constructed and erected so that the lowest portion thereof
is not less than nine (9') feet from the adjacent grade elevation
or more than fifteen (15') feet above the adjacent grade elevation,
in height.
3.
Access awning and canopies in C1 and C2 Districts that extend over
the right-of-way for the purpose of egress and ingress may extend
to the curbline.
4.
Awnings and canopies shall be designed proportionate to building
height, massing, materials and color.
