[Ord. #679, S 801; Ord. #679-I-85-1]
a.
Pursuant to the provisions of P.L. 1975, c. 291, Section 56, as amended by P. L. 1978, c. 37, Section 2, a Zoning Board of Adjustment is hereby established and shall consist of seven regular members and two alternates.
b.
The members of the Board of Adjustment shall be appointed by the Council. The term of each regular member shall be four years. No member may hold any elective office or position under the Borough. No member shall be permitted to act on any matter in which he has, either directly or indirectly, any personal or financial interest. A member may, after public hearing if he requests it, be removed by the Council for cause. A vacancy occurring otherwise than by expiration of a term shall be filled for the unexpired term only. The alternate members shall serve for the term as provided by statute.
c.
The Board of Adjustment shall elect a Chairman and Vice Chairman from its members and select a Secretary who may or may not be a member of the Board of Adjustment or a municipal employee.
[Ord. #679, S 802; Ord. #679-I-85-1]
The Board of Adjustment shall have the power to:
a. Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by the Zoning Enforcement Officer based on or made in the enforcement of Article
IX of this chapter.
b. Hear and decide in accordance with the provisions of Article
IX, Zoning of this chapter, requests for interpretation of the Zoning Map or Zoning article of this chapter or for decisions upon other special questions upon which such board is authorized to pass by the Zoning or Official Map articles of this chapter.
c. Where by reason of exceptional narrowness, shallowness or shape of a specific piece of property, or exceptional topographic conditions or physical features uniquely affecting a specific piece of property, or an extraordinary and exceptional situation uniquely affecting a specific piece of property or the structures lawfully existing thereon, the strict application of any regulation pursuant to Article
IX of this chapter would result in peculiar and exceptional practical difficulties, or exceptional and undue hardship upon the developer of such property, grant, upon an application or an appeal relating to such property, a variance from such strict application of such regulation so as to relieve such difficulties or hardship.
Where in an application or appeal relating to a specific piece of property, the purposes of N.J.S.A. 40:55D-1 et seq. would be advanced by a deviation from the zoning ordinance requirements and the benefits of the deviation would substantially outweigh any detriment, grant a variance to allow departure from regulations pursuant to Article
IX of this chapter; provided, however, that no variance from those departures enumerated in paragraph d of this subsection shall be granted under this paragraph; and provided further that the proposed development does not require approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to review a request for a variance pursuant to Subsection
22-27.6, paragraph a of this chapter.
d. In particular cases and for special reasons, grant a variance to allow departure from regulations pursuant to Article
IX of this chapter to permit (1) a use or principal structure in a district restricted against such use or principal structure, (2) an expansion of a nonconforming use, (3) deviation from a specification or standard pursuant to N. J. S. A. 40:55D-67 pertaining solely to a conditional use, (4) an increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4, (5) an increase in the permitted floor area ratio as defined in N.J.S.A. 40:55D-4 except as applied to the required lot area for a lot or lots for detached one or two dwelling unit buildings which lot or lots are either an isolated undersized lot or lots resulting from a minor subdivision. A variance under this subsection shall be granted only by affirmative vote of at least five members.
No variance or other relief may be granted under the terms of this subsection unless such variance or other relief can be granted without substantial detriment to the public good and will not substantially impair the intent and purpose of the zone plan and zoning regulations. An application under this subsection may be referred to any appropriate person or agency for its report; provided that such reference shall not extend the period of time within which the Board of Adjustment shall act.
[Ord. #679, S 803]
The Board of Adjustment may employ, or contract for, and fix the compensation of legal counsel, other than the Municipal Attorney, a licensed planning consultant, a licensed engineer and other staff and services as it shall deem necessary, not exceeding, exclusive of gifts or grants, the amount appropriated by the Council for its use.
[Ord. #679, S 804; Ord. #679-I-85-1]
a. Appeals to the Board of Adjustment may be taken by any interested party affected by any decision of the Construction Official, Zoning Enforcement Officer of the Borough based on or made in the enforcement of the zoning regulations or official Map. Such appeal shall be taken within 20 days by filing a notice of appeal with the officer from whom the appeal is taken, specifying the grounds of such appeal. The officer from whom the appeal is taken shall immediately transmit to the Board all the papers constituting the record upon which the action appealed from was taken.
b. A developer may file an application for development with the Board of Adjustment for action under any of its powers without prior application to the Construction Official. The developer may elect to submit a separate application requesting approval of the variance and a subsequent application for any required approval of a subdivision, site plan or conditional use. The separate approval of the variance shall be conditioned upon grant of all required subsequent approvals by the Board of Adjustment. No such subsequent approval shall be granted unless such approval can be granted without substantial detriment to the public good and without substantial impairment of the intent and purpose of the zone plan and zoning regulations. The number of votes of Board members required to grant any such subsequent approval shall be as otherwise provided in this chapter for the approval in question, and the special vote pursuant to the aforesaid Subsection
22-89.2, paragraph d shall not be required.
c. If an application for development is filed with the Board of Adjustment, whether or not an appeal from a decision of the Zoning Enforcement officer is also taken, the applicant shall submit 15 copies of his completed application to the Secretary of the Board of Adjustment. The time for the Board's review shall not begin to run until the submission of a complete application with the required fee.
d. A complete application for development under this Article shall consist of the following:
1. A properly completed variance information application form.
2. The required fee, as per Section
22-17 of this chapter.
3. If subdivision and/or site plan and/or conditional use approval is also sought as part of an application for a variance pursuant to Subsection
22-89.2, paragraph b of this chapter, the applicant shall also include the information and documents required pursuant to the provisions of Section
22-56, paragraph c of this chapter.
e. The Secretary of the Board of Adjustment shall distribute the application for review and report, and where required, approval as follows:
1. | Board of Adjustment | Five copies |
2. | Department of Police | One copy |
3. | Borough Engineer | One copy |
4. | Department of Fire | One copy |
5. | Environmental Commission | One copy |
6. | Construction Official | One copy |
7. | Borough Planner | One copy |
8. | Landscape Consultant | One copy |
9. | Secretary of Planning Board | One copy |
10. | Design Review Committee | Two copies |
[Ord. #679, S 805]
a. The Board of Adjustment shall render a decision not later than 120 days after the date (1) an appeal is taken from the decision of the Zoning Enforcement Officer or (2) the submission of a complete application for development to the Board of Adjustment pursuant to Subsection
22-89.4, paragraph b of this chapter.
b. Failure of the Board to render a decision within such 120 day period or within such further time as may be consented to by the applicant shall constitute a decision favorable to the applicant.
[Ord. #679, S 806]
The Board of Adjustment may reverse or affirm, wholly or in part, or may modify the action, order, requirement, decision, interpretation or determination appealed from and to that end have all the powers of the Zoning Enforcement Officer from whom the appeal is taken.
[Ord. #679, S 807]
An appeal to the Board of Adjustment shall stay all proceedings in furtherance of the action in respect to which the decision appealed from was made unless the Zoning Enforcement Officer from whose action the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him, that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed other than by an order of the Superior Court upon notice to the officer from whom the appeal is taken and on due cause shown.
[Ord. #679, S 808; Ord. #679-I-85-1]
a.
Subsection
22-89.4 through
22-89.7 of this chapter shall apply to the power of the Board of Adjustment to:
1.
Direct issuance of a permit pursuant to Section
22-48 of this chapter for a building or structure in the bed of a mapped street or public drainage way, flood control basin or public area reserved pursuant to Section
22-47 of this chapter; or
2.
Direct issuance of a permit pursuant to Section
22-50 of this chapter for a building or structure not related to a street.
b.
The Board of Adjustment shall have the power to grant to the same extent and subject to the same restrictions as the Planning Board, subdivision or site plan approval pursuant to Articles
VI and
VII of this chapter or conditional use approval pursuant to Subsection
22-108.1 et seq., of this chapter whenever the Board of Adjustment is reviewing an application for approval of a variance pursuant to Subsection
22-89.2 paragraph d of this chapter.
c.
Whenever an application for development requests relief pursuant to paragraph b of this subsection, the Board of Adjustment shall grant or deny approval of the application within 120 days after submission by a developer of a complete application to the Secretary of the Board of Adjustment or within such further time as may be consented to by the applicant. In the event that the developer elects to submit separate consecutive applications, the aforesaid provision shall apply to the application for approval of the variance. The period for granting or denying any subsequent approval shall be as otherwise provided in this chapter. Failure of the Board of Adjustment to act within the period prescribed shall constitute approval of the application and a certificate of the Secretary of the Board of Adjustment as to the failure of the Board of Adjustment to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval, herein required.
d.
Whenever review or approval of the application by the County Planning Board is required, the Board of Adjustment shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board by failure to report thereupon within the required time.
e.
An application under this subsection may be referred to any appropriate person or agency for its report; provided that such reference shall not extend the period of time within which the Zoning Board of Adjustment shall act.
f.
The Board of Adjustment shall refer any application for subdivision or site plan approval under this subsection to the Planning Board for its report before it takes final action thereof. Such reference shall not extend the time for action by the Board of Adjustment, whether or not the Planning Board has submitted its report. Whenever the Planning Board shall have made a recommendation regarding a matter authorized by this chapter to the Board of Adjustment, such recommendation may be rejected only by a majority of the full authorized membership of the Board of Adjustment.
[Ord. #679, S 809]
A member of the Board of Adjustment who was absent for one or more of the meetings at which a hearing was held shall be eligible to vote on the matter upon which the hearing was conducted, notwithstanding his absence from one or more of the meetings; provided, however, that such Board member has available to him the transcript or recording of all of the hearing from which he was absent, and certified in writing to the Board that he has read such transcript or listened to such recording.
[Ord. #679, S 9-101]
Where the provisions of this Article impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this Article shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this Article, the provisions of such statute, other ordinance or regulation shall be controlling. It is not intended by this Article to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances except those specifically or impliedly repealed in this Article or any private restrictions placed on property by covenant, deed or other private agreement unless repugnant hereto. Whether this Article imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or lot coverage, or require greater lot areas, or larger yards, courts or other open spaces than are imposed or required by such existing provisions of law, or ordinance or by such rules, regulations or permits or by such private restrictions, the provisions of this Article shall control.
[Ord. #679, S 9-102]
From and after the effective date of this Article, the use of all land and every building and structure and portions of a building or structure erected, altered with respect to height and area, added to, or relocated, and every use within a building or use accessory thereto, in the Borough, shall be in conformity with the provisions of this Article. Any lawful existing building or structure and any lawful existing use of a building or land not in conformity with the regulations herein prescribed shall be regarded as nonconforming, but may be continued, extended or changed subject to the regulations herein provided with respect to nonconforming buildings or uses.
[Ord. #679, S 9-201]
It is hereby determined that disastrous floods which have occurred over the last several years have caused significant damage to public and private property, health, safety, convenience, and general welfare of the community. It is further found that the significant increase in flood occurrences is partially due to an increase in stormwater runoff. The increase in the quantity of stormwater runoff is a result of the development of lands with impermeable surfaces in and around the community. It is therefore determined that the special public interest in the control of stormwater justifies the regulation of property located within the community as provided in this chapter.
[Ord. #679, S 9-202; Ord. #90-04, S 1; Ord. #06-16; Ord. #08-23]
a. No land area shall be developed by any person, partnership, corporation, municipal entity, or other public agency which shall increase the quantity or velocity of stormwater emanating from the development as a result of the construction of an impermeable surface or any other means which increases stormwater runoff, except in accordance with a permit issued therefor as provided by this chapter. All proposed developments within the Borough must comply with the Soil Erosions and Sediment Control Standards of New Jersey
[N.J.S.A. 4:24-39 et seq.]
b. This chapter and the requirements and standards contained herein shall be applicable to any person, partnership, corporation, municipal entity, or public agency which shall by any means whatsoever develop land area, provided, however, the following exemptions from the requirements of this chapter shall be granted by the Construction Official or Borough Engineer:
1. Any development or construction of any impervious surface which results in less than 150 square feet of impervious surface being added to any building lot.
2. The repair, replacement, or renovation of an existing impermeable surface, regardless of size, when the repair, replacement or renovation does not increase the existing building lot coverage by impermeable surfaces, does not change the location of any impermeable surface on the building lot and is designed primarily to replace a deteriorated condition.
c. Application for Approval.
1. In cases where the development of land involves the construction of a building or other facility requiring a construction permit, the Construction Official shall determine whether the development is exempt. If the character of the work to be undertaken by the applicant is found to be exempt, the Construction Official may proceed with the issuance of a construction permit. If the character of the work to be undertaken is such that requires review and approval with regard to the provisions of this chapter, the applicant shall proceed to submit an application and other data as outlined in Subsection
22-101.2, paragraph d herein to the Borough Engineer. The Borough Engineer, through the Construction Official, upon completing his review of the application and data, shall either approve, conditionally disapprove, or disapprove the application. Upon approval or exemption the Construction Official may proceed with the issuance of a construction permit. If the application is approved, the Borough Engineer shall issue a permit. If conditionally disapproved by the Borough Engineer the application and data shall be returned to the applicant with appropriate comments and/or requirements to be incorporated into the data and resubmitted for approval, disapproval or exemption.
2. In cases where the development of land does not require a construction permit, the developer shall submit a preliminary application to the Borough Engineer. If the character of the development to be undertaken by the applicant is found to be exempt, the Borough Engineer shall so notify the applicant in writing and the applicant may proceed to develop the land area. If not exempt, the developer shall submit an application and other data as outlined in Subsection
22-101.2, paragraph d to the Borough Engineer. The Borough Engineer, upon completing his review of the application and data, shall either approve, disapprove or conditionally disapprove the application. If the application is approved, the Borough Engineer shall issue a permit. If conditionally disapproved by the Borough Engineer, the application and data shall be returned to the applicant with appropriate comments and/or requirements to be incorporated into the data and resubmitted for approval, disapproval or exemption.
d. Data Required. Any application submitted for approval must be accompanied by the following data, the payment of the appropriate fee and submitted at the appropriate time, provided, however, the Borough Engineer may waive the submission of any data in specific instances, when in his judgment, same is not necessary for a proper evaluation of the application. Developments and improvements meeting the definition of major development as provided under Subsection
22-101.2f, Stormwater Control Ordinance, shall comply with the requirements of that section.
1. Any development on single dwelling lot with a one or two family dwelling. Application to accompany request for construction permit.
(a) Plot plan showing dimensions of property, proposed buildings, driveway, patios, sidewalks, etc., including area of each and every improvement.
(b) One percolation test and soil log report for each dwelling lot when utilizing subsurface recharge system.
(c) Topographical survey showing existing and proposed grades on the U.S. Coastal and Geodetic Survey Datum.
2. Major subdivision application to accompany preliminary subdivision application to Planning Board.
(a) Same data as required for preliminary subdivision approval.
(b) One percolation test and soil log report for each dwelling lot when utilizing subsurface recharge system.
(d) Detailed plans for retention-detention facilities.
3. Commercial Lots. Application to accompany site plan review application.
(a) Plot plan showing dimensions of property, proposed buildings, driveways, parking areas, etc., and areas of each and every improvement.
(b) Topographical survey showing existing and proposed grades on the U.S. Coastal and Geodetic Survey Datum.
(c) One percolation test and soil log report for each lot when utilizing subsurface recharge systems.
(e) Detailed plans for retention-detention facilities.
4. All Other Developments. Application to accompany site plan review or subdivision application if applicable, otherwise in accordance with Subsection
22-101.2, paragraph c.
Applications for a stormwater control permit which accompany subdivision and site plan applications shall be acted on by the Borough Engineer within the same time allotted for the necessary Board review and approval. All other applications which come before the Construction Official and/or the Borough Engineer shall be acted on within 21 days of submittal. All data accompanying a stormwater control application shall be prepared by a professional engineer and/or architect licensed in the State of New Jersey.
e. Design Standards. The intent of this section is to regulate and control stormwater runoff as it is increased as a result of development except as exempted by Subsection
22-101.2, paragraph b. For developments and improvements that do not meet the definition of major development as provided under Subsection
22-101.2f, Stormwater Control Ordinance, shall retain/detain water on site equal to the net difference in discharge as calculated before and after development. Design shall be based on the USDA Natural Resource 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 Rational Method for peak flow and the Modified Rational Method for Hydrograph computations. For peak flow developments and improvements meeting the definition of major development as provided under Subsection
22-101.2f, Stormwater Control Ordinance, design shall be based on the more stringent of the Stormwater Control Ordinance or the Handbook for Stormwater Detention Basins as adopted by the Somerset County Planning Board, including all subsequent revisions. The following on-site water retention/detention facilities may be incorporated as prescribed for developments and improvements not meeting the definition of major development.
f. Stormwater Control.
[Amended 11-17-2020 by Ord. No. 20-10; 4-12-2021 by Ord. No. 21-01; 3-11-2024 by Ord. No. 24-05]
1. Scope and purpose.
(a) Policy statement.
(1) Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including Green Infrastructure Best Management Practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low-impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for green infrastructure, water quality, quantity, and groundwater recharge.
(2) In addition to the proper design and construction of stormwater management facilities, continued inspection and maintenance will be required through the life of each facility. This oversight includes periodic inspection of stormwater facilities and review of operation and maintenance records kept by each property owner, including inspection logs, maintenance records and stormwater facility location information.
(b) Purpose.
(1) This subsection is enacted in accordance with the Stormwater Pollution Prevention Plan (SPPP) of the Borough of North Plainfield and is enacted with the purpose to establish minimum stormwater management requirements and controls for "major development," as defined herein.
(2) The Borough of North Plainfield is also subject to compliance with the New Jersey Municipal Stormwater Regulation Program. Under this program, the Borough of North Plainfield holds a municipal separate storm sewer system (MS4) permit that requires the municipality to have a system of oversight in place to ensure adequate long-term operation and maintenance of stormwater facilities approved but not owned or operated by it. Stormwater facilities include, amongst other devices and structures, stormwater management basins.
(3) A system of oversight is achieved by the implementation of local ordinances which are required by the MS4 permit with the legal authority being derived from the Federal Clean Water Act, the New Jersey Water Pollution Control Act and the New Jersey Stormwater Management Rules. The Borough's system of oversight requires collaboration with the owners or operators of stormwater facilities.
(4) The Borough of North Plainfield also is establishing a policy for addressing stormwater management for development not meeting the criteria of major development. Design standards and design requirements not included herein may be found in a publication entitled "New Jersey Stormwater Best Management Practices Manual" (BMP Manual) that may be found at http://www.dep.nj.gov/stormwater/bmp-manual/.
The Stormwater Management Rules, N.J.A.C. 7:8, specify stormwater management standards that are mandatory in New Jersey for new major development. The BMP Manual was developed by the NJDEP to provide guidance to address the standards in the Stormwater Management Rules, N.J.A.C. 7:8.
(c) Applicability.
(1) This subsection shall be applicable to all site plans and subdivisions for developments that require either preliminary or final site plan or subdivision review.
(2) This shall also be applicable to all major developments undertaken by the Borough of North Plainfield.
(3) Applicability of this subsection to major developments shall comply with the last amended N.J.A.C. 7:8-1.6, incorporated herein by reference.
(4) This subsection is applicable to developments that do not otherwise meet the NJDEP's definition of "Major Development."
(d) Compatibility with other permit and ordinance requirements. Development approvals issued for subdivisions and site plans pursuant to this subsection 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 subsection shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This subsection 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 subsection 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.
2. Definitions. For the purpose of this subsection, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future; words used in the plural number, include the singular number and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The definitions used in this subsection shall be the same as the last amended Stormwater Management Rules at N.J.A.C. 7:8-1.2, incorporated herein by reference.
3. Design and Performance Standards for Stormwater Management Measures.
(a) This subsection establishes design and performance standards for stormwater management measures for major development intended to minimize the adverse impact of stormwater runoff on water quality and water quantity and loss of groundwater recharge in receiving water bodies. Design and performance standards for stormwater management measures shall comply with the last amended N.J.A.C. 7:8-5, incorporated herein by reference.
(b) Minimum development design criteria. Development that does not meet the criteria of a major development shall address the requirements herein to the maximum extent practicable. At a minimum, applicants proposing such development shall document that there is no additional runoff draining to adjoining properties. Runoff from new impervious coverage shall be routed to the nearest street or municipal storm drainage system and not to adjacent properties.
4. Solids and Floatable Materials Control Standards.
(a) Site design features identified under Subsection
f1 above, or alternative designs in accordance with Subsection
f1 above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash and other floating, suspended, or settleable solids. For exemptions to this standard, see Subsection
f4(a)(2) below.
(1) Design engineers shall use one of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
(i) The New Jersey State Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines; or
(ii) 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 one-half (0.5) inch across the smallest dimension. Note that the Residential Site Improvement Standards at N.J.A.C. 5:21 include requirements for bicycle safe grates.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels and stormwater system floors used to collect stormwater from the surface into a storm drain or surface water body.
(iii) For curb-opening inlets, including curb-opening inlets in combination inlets, the clear space in that curb opening, or each individual clear space if the curb opening has two or more clear spaces, shall have an area of no more than seven (7.0) square inches or be no greater than two (2.0) inches across the smallest dimension.
(2) The standard in Subsection
f4(a)(1) above does not apply:
(i) Where each individual clear space in the curb opening in existing curb-opening inlet does not have an area of more than nine (9.0) square inches;
(ii) Where the Borough agrees that the standards would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets;
(iii) Where flows from the water quality design storm as specified in the last amended Stormwater Management Rules at N.J.A.C. 7:8 et seq., are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
[a] A rectangular space four and five-eighths (4.625) inches long and one and one-half (1.5) inches wide (this option does not apply for outfall netting facilities); or
[b] A bar screen having a bar spacing of one-half (0.5) inch.
Note that these exemptions do not authorize any infringement of requirements in the Residential Site Improvement Standards for bicycle safe grates in new residential development [N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1]. |
(iv) Where flows are conveyed through a trash rack that has parallel bars with one-inch (1 inch) spacing between the bars, to the elevation of the Water Quality Design Storm as specified in N.J.A.C. 7:8; or
(v) 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.
5. Safety Standards for Stormwater Management Basins.
(a) This subsection sets forth requirements to protect public safety through the proper design and operation of stormwater management basins. This subsection applies to any new stormwater management basin. Safety standards for stormwater management measures shall comply with last amended N.J.A.C. 7:8-6, incorporated herein by reference.
(b) Safety Ledge Illustration.
Elevation View - Basin Safety Ledge Configuration |
6. Requirements for a Site Development Stormwater Plan.
(a) Submission of Site Development Stormwater Plan.
(1) Whenever an applicant seeks municipal approval of a development subject to this subsection, the applicant shall submit all of the required components of the Checklist for the Site Development Stormwater Plan at Subsection
f6(c) below as part of the submission of the application for approval.
(2) The applicant shall demonstrate that the project meets the standards set forth in this subsection.
(3) The applicant shall submit two (2) copies of the materials listed in the Checklist for Site Development Stormwater Plans in accordance with Subsection
f6 of this subsection.
(b) Site Development Stormwater Plan Approval. The applicant's Site Development project shall be reviewed as a part of the review process by the municipal board or official from which municipal approval is sought. That municipal board or official shall consult the municipality's review engineer to determine if all of the checklist requirements have been satisfied and to determine if the project meets the standards set forth in this subsection.
(c) Submission of Site Development Stormwater Plan. The following information shall be required:
(1) Topographic Base Map. The reviewing engineer may require upstream tributary drainage system information as necessary. It is recommended that the topographic base map of the site be submitted which extends a minimum of 200 feet beyond the limits of the proposed development, at a scale of 1" = 200' or greater, showing 2-foot contour intervals. The map as appropriate may indicate the following: existing surface water drainage, shorelines, steep slopes, soils, erodible soils, perennial or intermittent streams that drain into or upstream of the Category One waters, wetlands and floodplains along with their appropriate buffer strips, marshlands and other wetlands, pervious or vegetative surfaces, existing man-made structures, roads, bearing and distances of property lines, and significant natural and man-made features not otherwise shown.
(2) Environmental Site Analysis. A written and graphic description of the natural and man-made features of the site and its surroundings should be submitted. This description should include a discussion of soil conditions, slopes, wetlands, waterways and vegetation on the site. Particular attention should be given to unique, unusual, or environmentally sensitive features and to those that provide particular opportunities or constraints for development.
(3) Project Description and Site Plans. A map (or maps) at the scale of the topographical base map indicating the location of existing and proposed buildings roads, parking areas, utilities, structural facilities for stormwater management and sediment control, and other permanent structures. The map(s) shall also clearly show areas where alterations will occur in the natural terrain and cover, including lawns and other landscaping, and seasonal high groundwater elevations. A written description of the site plan and justification for proposed changes in natural conditions shall also be provided.
(4) Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of Subsection
f3 above are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
(5) Stormwater Management Facilities Map. The following information, illustrated on a map of the same scale as the topographic base map, shall be included:
(i) Total area to be disturbed, paved or built upon, proposed surface contours, land area to be occupied by the stormwater management facilities and the type of vegetation thereon, and details of the proposed plan to control and dispose of stormwater.
(ii) Details of all stormwater management facility designs, during and after construction, including discharge provisions, discharge capacity for each outlet at different levels of detention and emergency spillway provisions with maximum discharge capacity of each spillway.
(6) Calculations.
(i) Comprehensive hydrologic and hydraulic design calculations for the predevelopment and post-development conditions for the design storms specified in Subsection
f3 of this subsection, above.
(ii) When the proposed stormwater management control measures depend on the hydrologic properties of soils or require certain separation from the seasonal high-water table, then a soils report shall be submitted. The soils report shall be based on on-site boring logs or soil pit profiles. The number and location of required soil borings or soil pits shall be determined based on what is needed to determine the suitability and distribution of soils present at the location of the control measure.
(7) Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection
f7 of this subsection below.
(8) Waiver from Submission Requirements. The municipal official or board reviewing an application under this subsection may, in consultation with the municipality's review engineer, waive submission of any of the requirements in Subsection
f6(c)(1) through
(6) of this subsection 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.
7. Maintenance and Repair.
(a) Applicability. Projects subject to review, as in Subsection
22-101.2f1(c) of this subsection, shall comply with the requirements of the BMP Manual - Appendix D, Section X B regarding general maintenance and Section X C regarding performance and maintenance guarantees.
(b) Inspection, oversight and owner responsibilities.
(1) All developments that contain stormwater management devices within the Borough are subject to the stormwater maintenance permit and periodic inspection in accordance with Subsection
22-101.3 of the Borough Code.
(2) The following requirements of N.J.A.C. 7:8-5.8 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department:
(i) If the maintenance plan identifies a person other than the property owner as having the responsibility for maintenance, the plan shall include documentation of such person's or entity's agreement to assume this responsibility, or of the owner's obligation to dedicate a stormwater management facility to such person under an applicable ordinance or regulation; and
(ii) Responsibility for maintenance shall not be assigned or transferred to the owner or tenant of an individual property in a residential development or project, unless such owner or tenant owns or leases the entire residential development or project. The individual property owner may be assigned incidental tasks, such as weeding of green infrastructure BMP, provided the individual agrees to assume these tasks; however, the individual cannot be legally responsible for all of the maintenance required.
(3) 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) calendar days to effect maintenance and repair of the facility in a manner that is approved by the Borough Engineer or his designee. The Borough, 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 Borough or Somerset County may immediately proceed to do so and shall bill the cost thereof to the responsible person. Nonpayment of such bill may result in a lien on the property.
(4) Nothing in this subsection shall preclude the Borough from requiring the posting of a performance or maintenance guaranty in accordance with N.J.S.A. 40:55D-53.
8. Violations and penalties. General penalty. Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this subsection shall, upon conviction thereof, be liable to the penalty stated in Subsection
22-101.3 of the Borough Code.
9. Severability. Each section, subsection, sentence, clause and phrase of this subsection is declared to be an independent section, subsection, sentence, clause and phrase, and the finding or holding of any such portion of this subsection to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this subsection.
10. Effective date. This subsection shall be in full force and effect from and after its adoption and any publication as required by law.
[Ord. No. 679, § 9-203; Ord. No. 06-16; Ord. No. 2018-13]
If not addressed under Subsection
22-101.2f, the owner of any system installed under this chapter to control or regulate stormwater runoff shall properly maintain such system to insure its correct functioning.
a. Annual Permit, Inspection, Oversight and Owner Responsibilities.
1. All developments that contain stormwater management measures within the Borough that meet the requirements of N.J.A.C. 7:8-1.6, "Applicability to major development," and/or if an additional 1/4 acre of impervious surface is being proposed on the development site, the development is subject to a Stormwater Maintenance Permit and periodic inspection. An annual Stormwater Maintenance Permit is required in January of each year.
Annual Permit/inspection fees for each stormwater device:
(a) Vegetative swales: $250 for the first 100 linear feet and $50 for each additional 100 linear feet;
(b) Infiltration basin (above ground/below ground): $500 for aboveground and $750 for below ground $500/$750;
(c) Detention basin (above ground/below ground): $500 for aboveground/$750 for below ground;
(d) Wet pond or rain garden: $750;
(e) Bioretention basin: $750;
(f) Porous pavement/pervious surface: $500;
(g) Constructed wetland: $750; and,
(h) Manufactured treatment device: $500.
2. Recordkeeping, Inspection and Repair Guidelines and Noncompliance Penalties:
(a) Quarterly maintenance records shall be submitted to the Borough of North Plainfield Department of Public Works Office. Report forms and report guidance can be obtained in the New Jersey Department of Environmental Protection - NJPDES Monitoring Report Form Reference Manual, or from the Borough Department of Public Works or the Borough Web Site.
The maintenance records for the periods of:
(1) The January 1 to March 31 period must be reported no later than April 30;
(2) The April 1 to June 30 period must be reported no later than July 31;
(3) The July 1 to September 30 period must be reported no later than October 31;, and,
(4) The October 1 to December 31 period must be reported no later than January 31 of the following year.
(b) Mechanically treated structures that utilize filters shall have a record that shall be provided to the Borough containing the requirements of the replacement of the filters as per manufacturer specifications and the actual dates that the filters have been replaced. Such information shall be provided under the periods above.
(c) Inspections shall include but not be limited to:
(1) Detention basin outflow structures and escape provisions as outlined in N.J.A.C. 7:8-6.2;
(3) Trash racks and overflow grates;
(5) Sediment removal and pond maintenance.
(d) The owner of the stormwater management measure shall complete all repairs of the facility within 30 calendar days of the date of notice of by Borough of the necessary repairs.
(e) The owner of the stormwater management measure, immediately upon written notice by the Borough, must complete repairs that may adversely affect the public's health, safety and welfare in the time and manner established.
(f) For each individual act or violation of this chapter, each and every day upon which any violation shall occur or continue to occur, shall constitute a separate offense.
(g) Failure to obtain an annual Stormwater Maintenance Permit: $100.
(h) Failure to provide quarterly maintenance records: $50 per violation.
(i) A person who has not complied with this chapter and who, after written notice by the Borough, refuses to implement and/or maintain soil erosion control and stormwater runoff control measures and facilities in conformance with these regulations shall be subject to a fine of not more than $1,000 or 90 days in jail, or both, plus the cost of prosecution.
3. The Borough, in its sole 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 may immediately proceed to do so and shall bill the cost thereof to the responsible person or place a lien on the subject land.
4. Nothing in this section shall preclude the Borough from requiring the posting of a performance or maintenance guaranty in accordance with N.J.S.A. 40:55D-53.
[Ord. #10-01, S 22-101.4—22-101.4.6]
a. Purpose. This subsection requires the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Borough of North Plainfield so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
b. Definitions. For the purpose of this subsection, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this subsection clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely discretionary.
MUNICIPAL SEPARATE STORM WATER SYSTEM (MS4) Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of North Plainfield or other public body, and is designed and used for collecting and conveying stormwater. MS4s do not include combined water systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.
PERSON Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORM DRAIN INLET Shall mean an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
WATERS OF THE STATE Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
c. Prohibited Conduct. No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
1. Already meets the design standard below to control passage of solid and floatable materials; or
2. Is retrofitted or replaced to meet the standard in Subsection
22-101.4d. ("Design Standard") below prior to the completion of the project.
d. Design Standard. Storm drain inlets identified in Subsection
22-101.4c 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
22-101.4d3 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 square inches, or is no greater than 0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater 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 or more clear spaces) shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.
3. This standard does not apply:
(a) Where the municipal engineer agrees 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 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 4 5/8 inches long and 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 inch.
(c) Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars; or
(d) 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.
e. Enforcement. This subsection shall be enforced by any and/or all of the following: the Borough Zoning Officer, the Borough Construction Officer, the Borough Property Maintenance Officer, the Borough Health Officer and/or any member of the Police Department of the Borough of North Plainfield, and/or any other official and/or entity designated by the Borough of North Plainfield for such enforcement.
f. Penalties. Any person(s) who is found to be in violation of the provisions of this subsection shall be subject to a fine not to exceed $1,250 for each storm drain inlet that is not retrofitted to meet the design standard for every day that a violation occurs. Each day of violation shall be considered a separate violation. In addition, violations may be subject to up to 90 days of imprisonment or 90 days of community service, or both, for every day of violation in addition to the fine above.
[Added 11-27-2023 by Ord. No. 23-18]
The purpose of this subsection is to prevent stored salt and other solid de-icing materials from being exposed to stormwater. This subsection establishes requirements for the storage of salt and other solid de-icing materials on properties not owned or operated by the municipality (privately-owned) in the Borough of North Plainfield to protect the environment, public health, safety and welfare and to prescribe penalties for failure to comply.
[Added 11-27-2023 by Ord. No. 23-18]
For the purpose of this subsection, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this chapter clearly demonstrates a different meaning. When consistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
DE-ICING MATERIALS Any granular or solid material such as melting salt or any other granular solid that assists in the melting of snow.
IMPERVIOUS SURFACE A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.
PERMANENT STRUCTURE A permanent building or permanent structure that is anchored to a permanent foundation with an impermeable floor and that is completely roofed and walled (new structures require a door or other means of sealing the access way from wind driven rainfall). A fabric frame structure is a permanent structure if it meets the following specifications:
a. Concrete blocks, jersey barriers or other similar material shall be placed around the interior of the structure to protect the side walls during loading and unloading of de-icing materials;
b. The design shall prevent stormwater run-on and run through, and the fabric cannot leak;
c. The structure shall be erected on an impermeable slab;
d. The structure cannot be open sided; and
e. The structure shall have a roll up door or other means of sealing the access way from wind driven rainfall.
PERSON Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
[Added 11-27-2023 by Ord. No. 23-18]
a. Temporary outdoor storage of de-icing materials in accordance with the requirements below is allowed between October 15 and April 15:
1. Loose materials shall be placed on a flat, impervious surface in a manner that prevents stormwater run-through;
2. Loose materials shall be placed at least fifty (50) feet from surface water bodies, storm drain inlets, ditches and/or other stormwater conveyance channels;
3. Loose materials shall be maintained in a cone-shaped storage pile. If loading or unloading activities alter the cone-shape during daily activities, tracked materials shall be swept back into the storage pile, and the storage pile shall be reshaped into a cone after use;
4. Loose materials shall be covered as follows:
(a) The cover shall be waterproof, impermeable, and flexible;
(b) The cover shall extend to the base of the pile(s);
(c) The cover shall be free from holes or tears;
(d) The cover shall be secured and weighed down around the perimeter to prevent removal by wind; and
(e) Weight shall be placed on the cover(s) in such a way that minimizes the potential of exposure as materials shift and runoff flows down to the base of the pile.
(1) Sandbags lashed together with rope or cable and placed uniformly over the flexible cover, or poly-cord nets provide a suitable method. Items that can potentially hold water (e.g., old tires) shall not be used;
5. Containers must be sealed when not in use; and
6. The site shall be free of all de-icing materials between April 16 and October 14.
b. De-icing materials should be stored in a permanent structure if a suitable storage structure is available. For storage of loose de-icing materials in a permanent structure, such storage may be permanent and thus not restricted to October 15 to April 15.
c. All such temporary and/or permanent structures must also comply with all other Borough ordinances, including building and zoning regulations.
d. The property owner, or owner of the de-icing materials, if different, shall designate a person(s) responsible for operations at the site where these materials are stored outdoors and who shall document that weekly inspections are conducted to ensure that the conditions of this subsection are met.
[Added 11-27-2023 by Ord. No. 23-18]
This subsection does not apply to facilities where the stormwater discharges from de-icing material storage activities are regulated under another NJPDES permit.
[Added 11-27-2023 by Ord. No. 23-18]
This subsection shall be enforced by the Construction Official and/or Property Maintenance Inspectors of the Borough of North Plainfield during the course of ordinary enforcement duties.
[Added 11-27-2023 by Ord. No. 23-18]
Any person(s) who is found to be in violation of the provisions of this subsection shall have seventy-two (72) hours to complete corrective action. Repeat violations and/or failure to complete corrective action shall result in fines as follows:
a. The fine for any offense which is a first (1st) repeat offense shall be $500, plus costs; and
b. The fine for any offense which is a second (2nd) repeat offense, or any subsequent repeat offense shall be $1,500, plus costs.
[Added 11-27-2023 by Ord. No. 23-18]
Each section, subsection, sentence, clause, and phrase of this subsection is declared to be an independent section, subsection, sentence, clause, and phrase, and finding or holding of any such portion of this subsection to be unconstitutional, void, or ineffective for any cause or reason shall not affect any other portion of this subsection.
[Ord. #679, S 9-301; Ord. #679-R-88-19, S 1A; Ord. #01-11, S 1; Ord. #05-22; Ord. #06-01; Ord. #09-04; Ord. No. 2017-01 § 1]
For the purposes of this chapter, the Borough is hereby divided into 19 classes of zones as to use, as follows:
R-1 | Residence Zone |
R-2 | Residence Zone |
R-3 | Residence Zone |
R-4 | Residence Zone |
R-5 | Residence Zone |
R-6 | Residence Zone |
R-7 | Residence Zone |
R-8 | Residence Zone |
R-9 | Age Restricted Community (ARC) and Non Age-Restricted Affordable Housing(AH) Residence Zone |
H-1 | Historic District Residence Zone |
H-2 | Historic District Residence Zone |
B | Business Zone |
B-1 | Business Zone |
B-2 | Business Zone |
B-3 | Business Zone |
B-4 | Business Zone |
B-5 | Business Zone |
B-6 | Business Zone |
O | Professional Office Overlay Zone |
[Ord. #679, S 9-302; Ord. #679-R-88-19, S 1B; Ord. #01-17; Ord. #05-19; Ord. #05-22]
The boundaries of the districts shall be as shown on certain maps entitled "Zoning Map, Borough of North Plainfield, Somerset County, New Jersey, December 1977, revised June 1980," and "Map Revision to the Zoning Map, Borough of North Plainfield, Somerset County, New Jersey, July 1, 1988," and "Map Revision to the Zoning Map, Borough of North Plainfield, Somerset County, New Jersey, October 22, 2001" and "North Plainfield Zoning Map, Somerset County, New Jersey, March 2005," which maps have been and/or are now on file in the Office of the Clerk of the Borough of North Plainfield. Said maps are hereby adopted and included within this chapter as fully as if replicas of said map(s) were printed herewith.
The designation or placing of any streets, roads or avenues on said maps shall not be construed to be a dedication or acceptance of any such streets, roads or avenues as may not have been heretofore dedicated or accepted.
[Ord. #679, S 9-303; Ord. #91-10, S 24]
The Schedule of Requirements (
included as an attachment to this chapter) provided, however, that it shall be considered a general guide to the requirements of this chapter and in any case where the "Schedule" may conflict with the express wording of any provision of this chapter, such express wording shall control.
[Ord. #679, S 9-304]
Zone boundary lines are shown on the Zoning Map accompanying this chapter are intended to coincide with lot lines, the center lines of streets, drainage courses or railroads as they existed at the time of adoption of this chapter, or as they are designated on the Zoning Map by figures or dimensions. In case of uncertainty or disagreement as to the true locations of any zone boundary line, the determination thereof shall be made by the Board of Adjustment in accordance with N.J.S.A. 40:55D-70b.
[Ord. #679, S 9-401; Ord. #679G]
In the R-1 and R-2 Residence Zones, only the following uses are permitted:
b. State accredited schools and public buildings and uses owned or operated by the Borough or its agent or by the Board of Education.
c. Churches, synagogues and other religious buildings and uses.
d. Not more than two roomers or boarders per one-family dwelling.
e. Accessory uses limited to the following:
1. Off-street parking in accordance with Section
22-117.
2. Signs in accordance with Section
22-119.
f. Accessory buildings and structures normally incident and subordinate to the principal use including private garages, property maintenance and storage buildings, private swimming pools and cabanas and similar utility and recreational buildings and structures.
[Ord. #679, S 9-402]
a. Height. No principal building shall exceed 2 1/2 stories or 35 feet.
b. Minimum Lot Area. There shall be a minimum lot area of 7,500 square feet which must be measured within 116 feet of the front street right-of-way.
c. Minimum Lot Width. There shall be a minimum lot width at the building line of 65 feet and a minimum lot frontage of 50 feet.
d. Front Yard. There shall be a front yard of not less than 30 feet except that where the existing buildings on the same side of the street within the block and within 200 feet of the site form an average setback, new buildings shall conform to such established line.
e. Rear Yard. There shall be a minimum rear yard equal to at least 25% of the average lot depth, but not less than 25 feet.
f. Side Yards. There shall be two side yards and no side yard shall be less than four feet; provided, however, that the aggregate width of the two side yards shall equal at least 30% of the lot width at the building line.
g. Corner Lots. On a corner lot, a building must meet the front yard requirement on both streets. Existing corner lots with buildings thereon shall not be required to comply with this provision.
h. Maximum Building Coverage. The total ground floor area of all buildings shall not exceed 20% of the total lot area.
i. Minimum Floor Area. Every residence shall have a minimum floor area of 1,200 square feet. A residence having more than one story shall have a first floor area of at least 850 square feet.
[Ord. #679, S 9-403]
a. Height. No principal building shall exceed 2 1/2 stories or 35 feet.
b. Minimum Lot Area. There shall be a minimum lot area of 6,000 square feet which must be measured within 115 feet of the front street right-of-way.
c. Minimum Lot Width. There shall be a minimum lot width at the building line of 50 feet and a minimum lot frontage of 35 feet.
d. Front Yard. There shall be a front yard of not less than 30 feet except that where the existing buildings on the same side of the street within the block and within 200 feet of the site form an average setback, new buildings shall conform to such established line.
e. Rear Yard. There shall be a minimum rear yard equal to 25% of the average lot depth, but not less than 25 feet.
f. Side Yards. There shall be two side yards and no side yard shall be less than four feet; provided, however, that the aggregate width of the two side yards shall equal at least 30% of the lot width at the building line.
g. Corner Lots. On a corner lot, a building must meet the front yard requirements on both streets. Existing corner lots with buildings thereon shall not be required to comply with this provision.
h. Maximum Building Coverage. The total ground floor area of all buildings shall not exceed 30% of the total lot area.
i. Minimum Floor Area. Every residence shall have a minimum floor area of 1,000 square feet. A residence having more than one story shall have a first floor area of at least 750 square feet.
[Ord. #679, S 9-501]
In the R-3 Residence Zone, only the following uses are permitted:
a. Any use permitted in the R-1 and R-2 Residence Zones.
[Ord. #679, S 9-502]
In the R-3 Residence Zone all required conditions of the R-2 Residence Zone shall be met; provided, however, that for two family dwellings, each dwelling unit need have a minimum floor area of only 900 square feet.
[Ord. #679, S 9-503]
Two family dwellings shall be required to have a minimum lot area of 7500 square feet.
[Ord. #679, S 9-601]
In the R-4 Residence Zone, only the following uses are permitted:
a. Any use as permitted in the R-3 Residence Zone subject to all required conditions of that zone.
b. Townhouses subject to the required conditions of Subsection
22-105.2.
[Ord. #679, S 9-602; Ord. #679N 86-19, S l; Ord. #06-16]
a. Area and Density Requirements.
1. Minimum Lot Area. There shall be a minimum lot area of two acres.
2. Maximum Density. There shall be no more than nine dwelling units per acre.
3. Maximum Building Coverage. The total ground floor area of all buildings shall not exceed 35% of the lot area.
b. Setback Requirements.
1. No principal building shall be located within 30 feet of a street, nor within 20 feet of a rear property line, nor within 10 feet of a side property line.
2. No principal building shall be located within five feet of an internal roadway or driveway.
3. There shall be a minimum distance between principal buildings of 25 feet plus 1/2 foot for each foot of opposing building wall in excess of 50 feet.
4. On corner lots, principal buildings shall meet the front yard setback from all streets.
c. Building Requirements.
1. Height. No building shall exceed a height of two and one-half (2-1/2) stories or 35 feet.
2. Units Per Building. No townhouse dwelling structure shall contain less than four nor more than eight townhouse dwelling units.
3. Building plans and elevations shall show a variation in design and appearance of units and structures to be achieved by types of roof, heights of eaves and peaks, building materials and architectural treatment of the building facade.
4. Each townhouse dwelling unit shall be separated from adjoining units by a fire wall extending from the basement to the roof and constructed in accordance with the Building Code.
d. Townhouse Dwelling Unit Requirements.
1. Each townhouse dwelling unit shall contain as a minimum a separate living room, a separate bedroom, a separate bath, a basement for storage and utilities and a separate kitchen, which kitchen facility shall be located separate and apart from other rooms in the unit with exception of the dining room.
2. Minimum Floor Area. Each townhouse dwelling unit shall have a minimum floor area of 600 square feet plus 150 square feet for each bedroom.
3. No room within the townhouse dwelling unit intended for human habitation shall be located in a cellar, basement or attic except that a cellar or basement may contain a family room or recreation room.
4. Each townhouse dwelling unit shall have individual private outside front and rear entrances.
5. Each townhouse dwelling unit shall contain its own heating plant and system and shall constitute a separate, independent unit for metering and all other purposes with respect to all required utilities and similar conveniences. No central or common laundry or similar facilities intended for two or more dwelling units shall be permitted in a townhouse development.
6. Each townhouse dwelling unit shall have an individual private front yard area adjoining the unit of at least 15 feet in depth and an individual private rear yard area or open patio or court adjoining the unit of at least 15 feet. Each private rear yard area, patio or court shall be effectively screened from adjoining units by a fence, wall or natural screening in order to provide a reasonable degree of privacy.
e. Accessory Buildings.
1. Any accessory building shall be located at the rear of any principal building and shall be a minimum of 15 feet from any principal building or property line and 10 feet from another accessory building. Clubhouses, swimming pools and recreation facilities shall be at least 15 feet from a principal building or property line.
2. Height. The maximum height of an accessory building shall be 16 feet.
3. Design. Architectural design and materials used in the construction of accessory buildings shall conform to or complement those used in the construction of principal buildings.
f. Off-Street Parking. Off-street parking shall conform to the provisions of Section
22-117 for nonresidential uses, and, in addition, the following requirements shall be met:
1. Provision shall be made for at least two off-street parking spaces for each one dwelling unit. Garages may be included in calculating the number of parking spaces.
2. Parking spaces or driveways serving individual dwelling units shall not be entered directly from a street.
3. All off-street parking areas and internal roadways shall be paved, bounded by permanent curbing and constructed in accordance with Borough road specifications.
4. Parking areas and internal roadways shall be located at least five feet from a building.
5. Internal roadways shall be at least 20 feet in width for two-way traffic and 12 feet in width for one-way traffic and shall not enter a street within 50 feet of an intersection. Parking in internal roadways shall be prohibited.
6. The arrangement and location of garages, parking areas and internal roadways shall be subject to approval of the approving authority and shall be designed to insure maximum safety, proper circulation and maximum convenience for residents and their guests.
g. Landscaping and Open Space.
1. Exclusive of internal roadways, driveways and parking areas, there shall be provided a minimum of 20% of the entire tract for common open space and facilities.
2. Effective screening by a fence or wall no less than four feet nor more than six feet in height shall be provided to shield parking areas and other common facilities from view of adjoining residential properties; provided, however, screening by native vegetation, hedge or other natural landscaping shall be substituted for the required fence or wall, to the maximum extent practicable, if approved by the approving authority as part of the development of the plan.
3. Lighting. Adequate lighting shall be provided in parking areas and along sidewalks, walkways and internal roadways. The source of lighting shall be directed downward, away from buildings and adjoining streets and property lines. Lighting fixtures shall be so arranged that the direct source of light is not visible from any adjacent resident area.
[Ord. #679, S 9-701]
In the R-5 Residence Zone, only the following uses are permitted:
a. Any use permitted in the R-1 Residence Zone in accordance with all required conditions of that zone.
b. Apartment buildings as regulated in Subsection
22-106.2.
[Ord. #679, S 9-702; Ord. #06-16]
a. Area and Density Requirements.
1. Minimum Lot Area. There shall be a minimum lot area of 30,000 square feet and a minimum road frontage of 150 feet.
2. Maximum Density. There shall be no more than 16 dwelling units per acre.
3. Maximum Building Coverage. The total ground floor area of all buildings shall not exceed 30% of the lot area.
b. Setback Requirements.
1. No principal building shall be located within 35 feet of a street, 30 feet of a rear yard or within 25 feet of a side property line.
2. No principal building shall be located within 10 feet of an internal roadway or driveway.
3. There shall be a minimum distance between principal buildings of 25 feet plus 1/2 foot for each foot of opposing building wall in excess of 50 feet.
4. On corner lots, principal buildings shall meet the front yard setback from all streets.
c. Building Requirements.
1. Height. No building shall exceed a height of two and one-half (2-1/2) stories or 35 feet.
2. Units Per Building. No building shall contain less than four nor more than 24 dwelling units.
3. Building plans and elevations shall show a variation in design and appearance of units and structures to be achieved by types of roof, heights of eaves and peaks, building materials and architectural treatment of the building facade.
4. Each group of two dwelling units on a floor shall be separated from adjoining units by a fire wall extending from the basement to the roof and constructed in accordance with the Building Code.
d. Dwelling Unit Requirements.
1. Minimum Floor Area. The minimum floor area of dwelling units shall be as follows:
Zero Bedrooms (Efficiency) | 450 square feet |
One Bedroom | 600 square feet |
Two or more Bedrooms | 800 square feet plus 200 square feet for each bedroom over two. |
2. No dwelling unit shall be located above the second story or in a basement or cellar except that a basement dwelling unit may be provided for a janitor or superintendent.
e. Accessory Buildings.
1. Any accessory building shall be located at the rear of any principal building and shall be a minimum of 15 feet from any principal building or property line and 10 feet from another accessory building. Clubhouses, swimming pools and recreation facilities shall be at least 25 feet from a principal building or property line.
2. Height. The maximum height of an accessory building shall be 16 feet.
3. Design. Architectural design and materials used in the construction of accessory buildings shall conform to or complement those used in the construction of principal buildings.
f. Off-Street Parking. Off-street parking shall conform to the provisions of Section
22-117 for nonresidential uses, and, in addition, the following requirements shall be met:
1. Provision shall be made for at least two off-street parking spaces for each dwelling unit. Garages may be included in calculating the number of parking spaces.
2. Parking spaces or driveways serving individual dwelling units shall not be entered directly from a street.
3. All off-street parking areas and internal roadways shall be paved, bounded by permanent curbing and constructed in accordance with Borough road specifications.
4. Parking areas and internal roadways shall be located at least 10 feet from a building or property line.
5. Internal roadways shall be at least 20 feet in width for two-way traffic and 12 feet in width for one-way traffic and shall not enter a street within 50 feet of an intersection. Parking in internal roadways shall be prohibited.
6. The arrangement and location of garages, parking areas and internal roadways shall be subject to approval of the approving authority and shall be designed to insure maximum safety, proper circulation and maximum convenience for residents and their guests.
g. Landscaping and Open Space.
1. Exclusive of internal roadways, driveways and parking areas, there shall be provided a minimum of 20% of the entire tract for common open space and facilities.
2. Effective screening by a fence or wall no less than four feet nor more than six feet in height shall be provided to shield parking areas and other common facilities from view of adjoining residential properties; provided, however, screening by native vegetation, hedge or other natural landscaping shall be substituted for the required fence or wall, to the maximum extent practicable, if approved by the approving authority as part of the development of the plan.
3. Lighting. Adequate artificial lighting shall be provided in parking areas and along sidewalks, walkways and internal roadways. The source of lighting shall be directed downward, away from buildings and adjoining streets and property lines. Lighting fixtures shall be so arranged that the direct source of light is not visible from any adjacent resident area.
[Ord. #679-R-88-19, S1C]
In the H-1 Historic District Residence Zone, only the following uses are permitted:
Any use permitted in the R-1 Residence Zone.
[Ord. #679-R-88-19, S1C]
In the H-1 Historic District Residence Zone, all required conditions of the R-1 Residence Zone shall be met.
[Ord. #679-R-88-19, S1C]
In the H-2 Historic District Residence Zone, only the following uses are permitted:
Any use permitted in the R-1, R-2 and R-3 Residence Zones.
[Ord. #679-R-88-19, S1C]
In the H-2 Historic District Residence Zone, all required conditions of the R-2 Residence Zone shall be met; provided, however, that for two-family dwellings, all required conditions of the R-3 Residence Zone shall be met.
[Ord. #01-11, S 2]
In the R-6 Residence Zone, only the following uses are permitted:
Any use permitted in the R-1 Residence Zone.
[Ord. #01-11, S 2]
a. Minimum Lot Area. There shall be a minimum lot area of 10,000 square feet which must be measured within 116 feet of the front street right-of-way.
b. All other required conditions shall be as set forth in the R-1 Residence Zone.
[Ord. #01-11, S 2]
In the R-7 Residence Zone, only the following uses are permitted:
Any use permitted in the R-1 Residence Zone.
[Ord. #01-11, S 2]
a. Minimum Lot Area. There shall be a minimum lot area of 25,000 square feet which must be measured within 116 feet of the front street right-of-way.
b. All other required conditions shall be as set forth in the R-1 Residence Zone.
[Ord. #01-11, S 2]
In the R-8 Residence Zone, only the following uses are permitted:
Any use permitted in the R-1 Residence Zone.
[Ord. 01-11, S 2]
a. Minimum Lot Area. There shall be a minimum lot area of one acre which must be measured within 116 feet of the front right-of-way.
b. All other required conditions shall be as set forth in the R-1 Residence Zone.
[Ord. #05-22; Ord. #06-01; Ord. #09-04]
In the R-9 Age Restricted Community (ARC) and Affordable Housing (AH) Residence Zone, only the following uses are permitted:
a. Any use permitted in the R-2 Residence Zone in accordance with all required conditions of that zone.
b. Age Restricted Communities as regulated in Subsection 22-106E2 of this Ordinance.
c. Non-age restricted affordable housing as regulated in Section 22-106E3 of this Ordinance.
[Ord. #05-22; Ord. #06-01; Ord. #09-04; Ord. #10-09]
a. Use and Occupancy Restrictions.
1. Principal permitted uses in an ARC shall include one or more multi-family (townhomes and/or flat style) residential buildings containing only dwelling units specifically designed and intended for and limited to occupancy by households composed of at least one permanent resident 55 years of age or older, except as specifically provided in paragraph a2(a) below, and with children under the age of 19 being expressly prohibited.
2. Through its corporation, association or owners, the land and buildings in any ARC shall be restricted, by bylaws, rules, regulations and restrictions of record, to permanent use and occupancy by persons of 55 years of age or older, subject to the following exceptions, consistent with the requirements of the Federal Fair Housing Act, as amended.
(a) A spouse or other person under the age of 55 years who is residing with a person who is 55 years of age or over and qualified to reside in the unit may reside in the ARC.
(b) An additional adult under 55 years of age may reside in a unit in the ARC if it is established to the ownership association with notice to the Borough Administrator that the presence of such person is essential to the physical care of one or more of the occupants of the same unit who are qualified to reside in the unit.
(c) A child or children over the age of 19 shall be permitted to reside in the same unit with a parent if the parent is 55 years of age or over and qualified to reside in the ARC unit, provided any such child or children shall not be enrolled in the North Plainfield school system nor shall any such child or children be eligible for or receive any services from or through the North Plainfield Board of Education or its designees/ representatives. The only exception shall be if the child or children enroll in the paid portion of the North Plainfield Board of Education Adult School, which tuition, fees, etc., shall be paid for directly by the child or children.
(d) One unit in any such development may be occupied by a resident manager or superintendent and family not meeting the above criteria, except for the provisions of Subsections
22-106E.2a1 and 22-106E.2a2(c) above.
3. The ARC shall comply with all applicable requirements of the Federal Fair Housing Act and all amendments thereto and all applicable rules and regulations of the U.S. Department of Housing and Urban Development (HUD) regarding such use, ownership and occupancy and shall further comply with all applicable HUD rules and regulations for self-certification of compliance with the Act and with HUD's rules and regulations. The residency restriction applicable to the development may be reviewed by the Borough Attorney for compliance with this subsection.
4. Permitted accessory uses in an ARC may include, but not by way of limitation, attached or detached individual garages, common garages and parking structures; a clubhouse, pool and tennis or other sports court(s); executive offices and executive office services exclusively for use by residents; common party and meeting rooms exclusively for use by residents and their guests; maintenance, equipment storage and utility buildings; and indoor and/or outdoor areas devoted to off-street parking and to active and passive recreation and open space.
5. Monument type signs identifying the name of the development may be erected at or near the entrance to the development. As an alternative, signs may be mounted on freestanding walls or structures located on each side of an entrance to the development. The area of each sign face shall be limited to 50 square feet, measured within the rectangle encompassing the outermost edges of all of the lettering on the sign. A monument sign may have two sign faces. The height of the freestanding walls or structures or monuments on which signs are mounted shall be limited to not more than 30 inches above the ground level, if located within a required sight triangle, and not more than seven feet above the ground level, if located outside of a required sight triangle. The foregoing requirements shall only be applicable to the area within 50 feet of the entrance to the site measured along the street frontage in each direction from the curb return. All other walls and fences shall be governed by the provisions of Subsection
22-106E.2h herein and the Borough's Land Development Ordinance. The design, location and landscaping of all signs shall be approved by the Planning Board.
b. Area and Density Requirements. The following requirements shall apply to any tract proposed for ARC development:
1. Minimum Tract Area. There shall be a minimum gross tract area of 12 acres having a minimum road frontage of 300 feet for the ARC.
2. Maximum Density and Number of Units. There shall be no more than 12 dwelling units per gross tract acre within the ARC and not more than a total of 160 total dwelling units in the ARC. If the developer shall construct on site, as part of the development, any low- and moderate-income housing units that may be required to satisfy the Borough's growth share affordable housing obligations resulting from the new market-priced dwelling units constructed in the ARC, in compliance with the adopted Rules of the New Jersey Council on Affordable Housing (COAH), said unit(s) shall be counted as part of the 160 total dwelling units. The developer shall be required to construct nine low- and moderate- affordable income housing units on site. The developer of the ARC property or another developer on its behalf shall construct low- and moderate-income affordable housing units on the overall property site itself (15 non-age restricted in accordance with Subsection 22-106E3 below), in addition to the nine age restricted referenced above, which are other than those specifically generated by the development of the site in question.
3. Maximum Building Coverage. The total ground floor area of all buildings, including accessory buildings, common garages and parking structures, shall not exceed 40% of the gross tract area.
4. Maximum Impervious Coverage. The maximum impervious coverage of the tract by all buildings, paved or other hard surfaces, and parking areas shall not exceed 55% of the gross tract area. Open drainage structures and detention and retention basins shall not be considered impervious for the purpose of calculating zoning compliance, provided that, once approved, they shall not thereafter be paved over or otherwise rendered impervious, but such facilities shall be considered impervious for the purposes of calculating stormwater runoff.
5. Minimum Floor Area. The minimum floor area of a residence within the ARC shall be as provided for a townhouse in the R-4 Zone and as provided for an apartment or flat in the R-5 Zone, whichever housing type best describes the type of dwelling unit being measured, except that any low- and moderate-income units required for COAH compliance may contain one bedroom unit which shall not be required to exceed 650 square feet each for the age restricted units and/or two bedroom units which shall not be required to exceed 750 square feet each for the age restricted unit.
6. Access. Access to the ARC shall require at least two separate entrances/exits. Emergency vehicle access may also be provided and may be from a municipal, County or State roadway, as approved by the Planning Board.
c. Setback and Height Requirements. The following setback and height requirements shall apply to the development of the ARC:
1. No foundation for a principal residential building shall be located within 75 feet of any adjacent residential use or residentially-zoned property. An accessory community/recreational building having a height of not more than 2 1/2 stories or (or 35 feet) wholly or partly above grade and having a building footprint of not more than 5,000 square feet may be located within the seventy-five-foot setback area but shall not be located closer than 50 feet to a tract boundary. Patios or decks for private use by residents may extend up to 20 feet beyond the building foundation, and private gardens may be planted with a minimum setback of 30 feet from a tract boundary provided such patios, decks and gardens, where they lie within the seventy-five-foot setback area, shall not be enclosed by fences or walls and shall not be roofed. A gate house may be permitted within the required setback area at the entrance to the development provided it is located outside of the required site triangle. The requirements of Subsection
22-115.3a of the Borough Code shall not apply to the ARC development.
2. No portion of any principal building shall be located within five feet of any internal roadway or driveway except for a driveway providing access to a parking structure located adjacent to or beneath the residential building(s).
3. There shall be a minimum separation between the window walls of residential buildings of 10 feet. Individual residential buildings may be attached to one another if separated by fire walls extending from the basement to the roof and complying with the Uniform Construction Code.
4. Height. No building shall exceed three stories (or 45 feet). No building appurtenances, including, but not limited to, roof-mounted mechanical equipment, shall exceed a height of 45 feet measured from the average finished grade at the ground level along any side of a building facing a perimeter tract boundary adjacent to a residential zone to the top of the highest roof-mounted equipment. Notwithstanding the foregoing, no antennas or towers of any kind shall be mounted on any rooftop or elsewhere on the property. An additional residential story may be located below the average finished grade, if topography permits, provided it is not visible from a perimeter tract boundary adjacent to a residential zone. Basement levels located below the average finished grade and used exclusively for storage and mechanicals may also be provided and shall not be included in the maximum number of stories permitted, provided that there are no outside entrances and further provided that the UCC definition of a basement is satisfied with respect to the maximum height above grade.
d. Amenities.
1. The ARC may include any or all of the facilities set forth at Subsection
22-106E.2a4 and shall include a combination of indoor and outdoor common areas and facilities, including recreational areas and facilities and open space for the exclusive use of residents and their guests. A minimum of 25% of the site shall be in common open space. Common open space may include land in required setback and buffer areas, land in conservation easements or greenways and any other outdoor areas having a minimum width of 20 feet and a minimum length of 50 feet that are designed for active or passive recreational use or open space. Such open space areas may be unimproved or may be improved to suit their intended use(s) but shall not include any driveways or parking areas.
2. Areas intended for recreational purposes shall include facilities for active and passive recreation particularly suitable for adults aged 55 years or older. Such recreation may include an indoor or outdoor swimming pool, indoor or outdoor sports courts and/or one or more spa or exercise rooms, and shall include multipurpose clubhouse facilities or community rooms, which may be located in a separate building or may occupy an area within one or more residential buildings, plus two or more of the following: outdoor sitting areas; walking paths; exercise trails; tennis, bocce, shuffleboard or horseshoe courts; chipping and putting greens; or similar appropriate active and passive recreational areas and facilities, as well as undesignated open space areas.
3. The multipurpose clubhouse facilities shall be designed and equipped to meet the social and recreational needs of the anticipated residents of the ARC. This may include exercise rooms, hobby and craft rooms, lounge areas, meeting rooms, executive office suites with office services, card rooms, rooms providing support facilities for outdoor recreational facilities or other similar facilities, all as required to meet the needs of persons 55 years of age and older.
4. Elevators shall be provided as required by the Uniform Construction Code, although one elevator may service more than one building where buildings are separated by fire walls but are otherwise interconnected.
e. Roadways and Parking Standards.
1. The requirements of the Residential Site Improvement Standards (RSIS) shall apply to the development of the ARC.
2. Private streets and roadways shall be permitted within the ARC.
3. All requirements of the North Plainfield Land Development Ordinance relating to parking lot design, except as otherwise regulated herein or superseded by the RSIS, shall be applicable to the ARC.
4. No parking of recreational vehicles, including boats, shall be permitted on the site.
5. A minimum of 25% of the total required parking spaces shall be provided within parking structures or garages.
6. Handicapped parking spaces and handicapped accessibility shall be provided as required by law.
7. Parking spaces or driveways serving individual dwelling units shall not be entered directly from any preexisting public street. This shall not preclude driveways and parking spaces being accessed from interior development streets within the ARC tract. Parallel parking along interior development streets within the ARC tract shall be permitted consistent with the RSIS.
f. Buffers.
1. Within the required building setback area, a buffer area having a minimum width of 20 feet shall be required along all tract boundaries, except where a street and its required sight triangles or an emergency vehicle access way pierces the tract boundary. Such buffer area shall consist of a blend of deciduous and coniferous landscape planting materials and/or ornamental fencing or walls. The use of free-form earthen berms may also be approved, provided that the berms are landscaped with plant material approved by the Planning Board. Existing wooded areas within a required buffer area that are not proposed to be disturbed for development may, upon the approval of the Planning Board, remain in their natural state instead of being replaced with landscape plantings.
2. Planted materials used in screen plantings shall be at least eight feet in height when planted and shall provide a year-round buffer. The plant materials shall be of a species common to the area, shall be of nursery stock and shall be free of insects and disease.
3. Buffer areas shall be permanently maintained, and plant materials which do not live shall be replaced within one year or one growing season, whichever occurs first.
4. Screen plantings shall be so placed that, at maturity, the plant material will be no closer than one foot from any street or property line.
5. Decorative style fences and/or walls may be included within or instead of required buffer width, as per the approval of the Planning Board. Under no circumstances shall a chain link fence and/or barbed wire fence serve to replace the buffer.
6. The provisions of the Borough's Shade Tree Ordinance shall apply where applicable to the obligations under this subsection.
g. Utilities.
1. Water, sanitary sewer and storm drainage shall be designed in accordance with the Residential Site Improvement Standards and applicable to NJDEP and utility provider regulations.
2. All electric and telephone utilities within the development shall be placed underground.
h. Fencing. Fences shall be limited in height as set forth in the Borough's Land Development Ordinance, except as regulated otherwise herein and except for a fence associated with an outdoor tennis court or similar facility, which shall not exceed 12 feet in height. All fences and walls, except a fence associated with an outdoor tennis court or similar facility, shall be ornamental. All fences and walls shall be subject to site plan approval by the Planning Board.
i. Other Improvements and Design Standards. The development plan for the site, its developed facilities and the interior of residential units in the ARC shall be designed to be adaptable for meeting the physical and social needs of older residents as they age in place, to allow them to continue to live independently for as long as practicable.
1. All site improvements, whether public or private, shall conform to the Residential Site Improvement Standards, or, where the Residential Site Improvement Standards do not regulate the type(s) of improvement(s), to the standards for such improvement(s) contained in North Plainfield's Land Development Ordinance.
2. All laws, rules and regulations of the State of New Jersey related to Land Use Regulation Permits shall be applicable to the development of the ARC.
3. Each dwelling unit shall be equipped with central heating and air-conditioning systems with independent controls for each. This requirement may be waived by the Board for good cause.
4. Each dwelling unit shall contain plumbing and gas or electric connections for a clothes washer and dryer.
5. Smoke alarms and carbon monoxide detectors shall be installed in each dwelling unit in the ARC in accordance with the requirements of the Uniform Construction Code (N.J.S.A. 52:27D-119 et seq.) and the New Jersey State Fire Code.
6. Each occupant shall be responsible for the disposal of household garbage, recyclable materials and refuse as required in other residential districts, provided, however, that a Homeowners' Association shall assume the responsibility to arrange for the collection and removal of the solid waste and recyclables produced within the ARC in accordance with applicable municipal codes. At least one solid waste/recyclables collection location shall be provided for each 50 units, or, as an alternative, a minimum of two separate compactor locations, each with space for recyclables collection, shall be provided on the site. Such facilities shall either be located within a building or parking structure or, if located out-of-doors, be totally enclosed by a seven-foot-high masonry wall compatible with the architectural styling of the building(s), landscaped, and with a gate or entry on one side. Such enclosure(s) shall provide suitably sized containers approved by the Borough for the collection of solid waste and recyclables. Collection facilities may be consolidated and shall be placed in convenient and readily serviceable locations on the site.
7. A safe and convenient system of walkways accessible to all occupants shall be provided. The site plan shall show the locations of all pedestrian walkways and, if proposed, bicycle paths to be provided within the development.
8. Lighting plans for the entire development shall be submitted for the Planning Board's approval. Artificial lighting shall be provided along all walks and interior roads and driveways and in all off-street parking areas, depending upon anticipated nighttime use, with sufficient illumination for the safety and convenience of the residents of the ARC. The source of lighting shall be directed downward, away from buildings and adjoining streets and property lines. Lighting fixtures shall be so arranged that the direct source of light is not visible from any adjacent residential area.
9. On-site security and maintenance service systems shall be provided in the ARC, which may include an entrance gatehouse, fences, walls and support services buildings.
j. Ownership and Management of Common Areas, Elements and Open Space.
1. Any development that provides for areas, elements and/or open space to be owned and used in common by the individual owners in the development or that provides for areas, elements and/or open space to be used in common by the occupants of the development, but owned/managed by an independent corporate property owner or management agent, shall have such areas, elements and/or open space shown on the site plan, fully dimensioned, and designated as to the area of responsibility and the extent and type of ownership and such other conditions of usage or occupancy which shall be legally established and recorded therefor, and a description or plan of each such area shall be filed separately or as part of the descriptive maps of the development with the Tax Assessor. This requirement may be satisfied by a master deed filed in connection with establishing a condominium form of ownership for the development in question.
2. The landowner shall provide for and the establishment of an organization for the ownership and maintenance or, if held under a condominium form of ownership, for the maintenance alone, of all common areas, elements and open space for the benefit of residents of the development. Such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise (except to an organization conceived and established to own and maintain the open spaces for the benefit of such development), without first offering to dedicate the same to the Borough of North Plainfield. Such organization shall either be in the form of a homeowners' association or condominium association, depending on the form of ownership.
3. The regulations of N.J.S.A. 40:55D-43b and c shall be applicable to the maintenance of the open space.
4. If any open space, wetlands or stream corridors or other common areas on the tract are dedicated to and accepted by the Borough, the area of such portions of the tract shall nonetheless be included in calculating the permitted density of the development.
k. Plan Development/Construction.
1. As a condition of preliminary approval of the development, the Board may provide the approval of the plan and construction of the project in whole or in one or more sections or stages. If the development will occur in stages, such stages shall comply, but not by way of limitation, with the following:
(a) Each stage shall be substantially and functionally self-contained and self-sustaining with regard to access, parking, utilities, open spaces and similar physical features and capable of substantial occupancy, operation and maintenance upon completion of construction and development.
(b) Each stage shall be properly related to other services within the ARC as a whole and to those facilities and services yet to be provided in the full execution and implementation of the ARC.
(c) Each stage shall be provided with such temporary or permanent transitional features, buffers or protective areas as the Planning Board may require with appropriate conditions of ownership and maintenance so as to prevent damage or detriment to any completed sections or stages and to adjoining properties during construction of subsequent sections or stages.
2. Plans and specifications showing each section or stage shall be filed with the Planning Board and shall be of sufficient detail and at such scale as to fully demonstrate the arrangement and locations of all proposed structures, uses, parking, driveways, roadways, landscaping, public and private utilities and service facilities and the proposed forms of ownership of all areas on the site.
3. The Planning Board or a committee thereof shall have the ability to work with any proposed developer in the ARC Zone regarding the architectural design of any such development to insure that it is compatible with good design principles and other building designs within the area.
l. Affordable Housing. Affordable housing shall be built/ set aside/provided for in an Age Restricted Community (ARC) if either State law requires the building of affordable housing on any site where an ARC is constructed or if insufficient affordable housing, as defined and requested to be built by State law, is built on an adjacent site to the ARC which has at any time been a part of the ARC site and subdivided away from such. Affordable housing/ set aside shall include low- and moderate-income housing.
[Ord. #09-04]
a. Use and Occupancy Restrictions.
1. Principal permitted uses in an AH Zone shall include one or more multi-family residential buildings containing dwelling units inclusive of affordable units as same are defined pursuant to regulations adopted by the Council on Affordable Housing (COAH).
2. Any development in the AH zone shall provide for an affordable housing set aside as defined/required by State law and/or rules/ regulations derived from such. Set aside shall include low- and moderate-income units as defined/required by State law and/or rules/ regulations derived from such. Units shall be defined pursuant to State law and/or rules/regulations derived from such.
b. Area and Density Requirements. The following requirements shall apply to any tract proposed for AH Zone development:
1. Minimum Tract Area. There shall be a minimum gross tract area of one acre having minimum road footage of 250feet.
2. Maximum Density and Number of Units. There shall be no more than 24 dwelling units per gross tract area within the AH Zone and not more than a total of 36 dwelling units in the AH Zone. The developer shall construct on site, as part of the development, such low- and moderate-income housing units that may be required to satisfy the Borough's affordable housing obligations in compliance with State law and/or rules/regulations derived from such. Said units shall be counted as part of the total dwelling units.
3. Maximum Building Coverage. The total ground floor area of all buildings, including accessory building, common garage and parking structures, shall not exceed 40% of the gross tract area.
4. Maximum Impervious Coverage. The tract of all buildings, paved or other hard surfaces and parking area shall not exceed 80% of the gross tract area. Open drainage structures and detention and retention basins shall not be considered impervious for the purpose of calculating compliance, provided that, once approved, they shall not be thereafter paved over or otherwise rendered impervious, but such facilities shall be considered impervious for the purposes for calculating stormwater runoff.
5. Access. Access to the AH Zone shall require at least one entrance/exit and may be provided access from other development that may occur within the tract.
c. Setback and Height Requirements. The following setback and height requirements shall apply to the development of the AH Zone.
1. No foundation for principal residential building shall be located within 25 feet of any adjacent residential use or residentially zoned property.
2. No portion of any principal building shall be located within five feet of any internal roadway or driveway, except for a driveway providing access to a parking structure located adjacent to or beneath the residential building.
3. There shall be a minimum separation between buildings of 10 feet. Individual residential buildings may be attached to one another, separated by fire walls, extending from the basement to the roof in compliance with the Uniform Construction Code.
4. Height. No building shall exceed three stories or 45feet. No building appurtenances, including, but not limited to, roof-mounted mechanical equipment, shall exceed a height of 45feet measured from the average finished grade at the ground level along any side of the building facing a perimeter tract boundary adjacent to a residential zone to the top of the highest roof-mounted equipment. Notwithstanding the foregoing, no antennas or towers of any kind shall be mounded on any rooftop or elsewhere on the property. An additional residential story may be located below the average finished grade, if topography permits, provided it is not visible from the perimeter tract boundary adjacent to a residential zone and does not exceed the forty-five-foot height as defined above. Basement levels located below the average finished grade and used exclusively for storage and mechanicals may also be provided and shall not be included in the maximum number of stories permitted, provided that there are no outside entrances and further provided that the UCC definition of a basement is satisfied with respect to the maximum height above grade, which shall not exceed the forty-five-foot height requirement as defined above.
5. Setback minimum for a front yard shall be 25 feet and for a rear yard shall be 10 feet. Side yard setback minimum shall be 25 feet.
d. Roadways and Parking Standards.
1. The requirements of the Residential Site Improvement Standards (RSIS) shall apply to the development of the AH Zone.
2. Private streets and roadways shall be permitted within the AH Zone.
3. All requirements of the North Plainfield Land Development Ordinance relating to parking lot design, except as otherwise regulated herein or superseded by the RSIS, shall be applicable to the AH Zone.
4. No parking of recreational vehicles, including boats, shall be permitted on the site.
5. A minimum of 25% of the total required parking spaces shall be provided within parking structures or garages.
6. Handicapped parking spaces and handicapped accessibility shall be provided as required by law.
e. Buffers.
1. Within the required building setback area, a buffer area having a minimum width of 10 feet shall be required along all tract boundaries, except where a street and its required sight triangles or an emergency vehicle access way pierces the tract boundary. Such buffer area shall consist of a blend of deciduous and coniferous landscape planting materials and/or ornamental fencing or walls. The use of free-form earthen berms may also be approved, provided that the berms are landscaped with plant material approved by the Planning Board. Existing wooded areas within a required buffer area that are not proposed to be disturbed for development may, upon the approval of the Planning Board, remain in their natural state instead of being replaced with the landscape plantings.
2. Planted materials used in screen plantings shall be at least eight feet in height when planted and shall provide a year-round buffer. The plant materials shall be of a species common to the area, shall be of nursery stock and shall be free of insects and disease.
3. Buffer areas shall be permanently maintained, and plant materials which do not live shall be replaced within one year or one growing season, whichever occurs first.
4. Screen plantings shall be so placed that, at maturity, the plant material will be no closer than one foot from any street or property line.
5. Decorative style fences and/or walls may be included within or instead of required buffers, with the approval of the Planning Board. Under no circumstances shall be chain link fence and/or barbed wire fence serve to replace the buffer.
6. The provisions of the Borough's Shade Tree Ordinance and other applicable Borough ordinance shall apply where applicable to this subsection.
f. Utilities.
1. Water, sanitary sewer and storm drainage shall be designed in accordance with the Residential Site Improvement Standards and applicable to NJDEP and utility provided regulations.
2. All electric and telephone utilities within the development shall be placed underground.
g. Fencing. Fences shall be limited in height as set forth in the Borough's Land Development Ordinance, except as regulated otherwise herein and except for a fence associated with an outdoor tennis court or similar facility, which shall not exceed 12feet in height. All fences and walls, except a fence associated with an outdoor tennis court or similar facility, shall be ornamental. All fences and walls shall be subject to site plan approval by the Planning Board.
h. Plan Development/Construction.
1. As a condition of preliminary approval of the development, the Board may provide approval of the plan and construction of the project in whole or in one or more sections or stages. If the development will occur in stages, such stages shall comply, but not by way of limitation, with the following:
(a) Each stage shall be substantially and functionally, self-contained and self-sustaining with regard to access, parking, utilities, open spaces and similar physical features and capable of substantial occupancy, operation and maintenance upon completion of construction and development.
(b) Each stage shall be properly related to other services within the AH Zone as a whole and to those facilities and services yet to be provided in the full execution and implementation of the AH Zone.
(c) Each stage shall be provided with such temporary or permanent transitional features, buffers or protective areas as the Planning Board may require with appropriate conditions of ownership and maintenance so as to prevent damage or detriment to any completed sections or stages and to adjoining properties during construction of subsequent sections or stages.
2. Plans and specification showing each section or stage shall be filed with the Planning Board and shall be sufficient detail and at such scale as to fully demonstrate the arrangement and location of all proposed structures, uses, parking, driveways, roadways, landscaping, public and private utilities and services facilities and the proposed forms of ownership of all areas on the site.
3. The Planning Board or a committee thereof shall have the ability to work with any proposed developer in the AH Zone regarding the architectural design of any such development to insure that it is compatible with good design principles and other building designs within the area.
i. Affordable Housing Compliance Components.
1. All low- and moderate-income housing shall comply with COAH's rules regarding, but not limited to, bedroom units, pricing the unit(s), affirmative marketing, phasing construction, controls on affordability and other matters, as articulated in the Borough's Affordable Housing Ordinance.
2. The Borough shall enter into a developer's agreement with the developer of the non-age restrictive affordable housing site in order to build low- and moderate-income rental units on said site.
[Ord. #09-04]
The property which shall encompass the R-9 Age Restricted Community (ARC) and Affordable Housing (AH) Residence Zone is located on the Tax Maps of the Borough of North Plainfield as Lot 2, Block 110 and the Zoning Map of the Borough of North Plainfield shall be amended to address any corresponding change created by Ordinance No. 09-04.
[Ord. #679, S 9-801]
In the B Business Zone only the following uses are permitted:
a. Stores and shops for retail business conducted entirely within the confines of a building provided that any process of manufacture, assembly, treatment or conversion involves a product or service intended to be sold or provided directly to the ultimate consumer and further provided that not more than five mechanics or production workers are involved in any such process.
b. Banks and financial institutions.
c. Central telephone exchanges.
d. Offices for professional, business and executive purposes.
e. Restaurants and taverns, but not including drive-in restaurants or refreshment stands where food, drink and confections are served outside the buildings, or where food is intended to be consumed in cars parked on the premises.
g. Vocational schools, or studios for the instruction of the arts, dancing, music, languages, photography.
h. Public buildings and uses.
j. Off-street parking in accordance with Section
22-117.
k. Signs in accordance with Section
22-119.
l. Accessory uses normally incident and subordinate to the above uses.
[Ord. 679, S 9-802; Ord. #06-16]
a. Height. No building shall exceed a height of two and one-half (2-1/2) stories or 35 feet.
b. Front Yard. There shall be a front yard of not less than 10 feet, except that where existing buildings on the same side of the street and within the block form an average setback, new buildings shall conform to such established line, provided no new building need set back more than 25 feet from the street.
c. Rear Yard. There shall be a rear yard of at least 15feet. A rear yard adjoining a residence zone shall be at least 25 feet.
d. Side Yards. Side yards are not required except when adjoining a residence zone in which event the side yard shall be at least 15 feet.
e. Corner Lot. A side yard adjoining a street shall be at least five feet.
f. Off-Street Parking. Off-street parking shall be provided in accordance with Section
22-117.
g. Maximum Building Coverage. The ground floor area of the building shall not exceed 30% of the lot area. The applicant must also satisfy the percent impervious coverage requirements as well as comply with the Design and Performance Standards for Stormwater Management Measures (N.J.A.C. 7:8-5).
[Ord. # 679, S 9-901; Ord. #679-G]
In the B-1 Business Zone only the following uses are permitted:
a. Any use permitted in the B Business Zone.
b. Motels in accordance with Section
22-118.
c. Apartment buildings, subject to the required conditions of Subsection
22-108.3 which may contain offices on the first floor.
d. Townhouses subject to the required conditions of Subsection
22-108.4.
[Ord. #679, S 9-902]
a. Height. No building shall exceed a height of five stories or 50 feet.
b. Front yard. There shall be a front yard of at least five feet plus five feet for each story in excess of two stories.
c. Rear Yard. There shall be a rear yard of at least 20 feet plus five feet for each story in excess of two stories.
d. Side Yards. Side yards adjoining streets shall meet the front yard setback requirement. An interior side yard shall be at least 10 feet plus five feet for each story in excess of two stories.
e. Off-Street Parking. Off-street parking shall be provided in accordance with Section
22-117 provided however, that for each 5,000 square feet of lot area in excess of 10,000 square feet, the required number of parking spaces may be reduced by 5% up to a maximum of 25%.
[Ord. #679, S 9-903; Ord. #06-16]
a. Height. No building shall be less than four stories nor shall exceed a height of five stories or 50 feet.
b. Minimum Lot Area. There shall be a minimum lot area of 40,000 square feet. In addition there shall be a minimum lot area per apartment dwelling unit in accordance with the following schedule:
Dwelling | Unit Size | Stories |
---|
| 4 | 5 |
0 Bedroom | 450 square feet or more | 880 square feet | 700 square feet |
1 Bedroom | Less than 625 square feet | 960 square feet | 800 square feet |
1 Bedroom | 625 square feet or more | 1,200 square feet | 960 square feet |
2 Bedroom | | 1,600 square feet | 1,200 square feet |
3 Bedroom or more | | 2,000 square feet | 1,450 square feet |
c. Maximum Building Coverage. The ground floor area of the building shall not exceed that percentage of the lot area as specified below:
Stories | % of Lot Area |
---|
4 | 22 |
5 | 20 |
d. Setback Requirements. There shall be a setback from all streets and property lines of 25 feet plus five feet for each story in excess of three stories.
e. Distance Between Buildings. There shall be a minimum distance between buildings of 25 feet or the height of the shorter building, whichever is greater.
f. Minimum Floor Area. The minimum floor area of apartment units shall be as follows:
0 Bedrooms (efficiency) | 450 square feet |
1 Bedroom | 595 square feet |
2 or more Bedrooms | 800 square feet |
g. All Buildings must be Elevator Serviced. Minimum elevator size shall be 5 x 7 feet.
h. Accessory Buildings. Any accessory building shall be located at the rear of any principal building and shall be a minimum of 15 feet from any principal building or property line and 10 feet from another accessory building. Clubhouses, swimming pools and recreation facilities shall be at least 25 feet from a principal building or property line.
1. Height. The maximum height of an accessory building shall be 16feet.
2. Design. Architectural design and materials used in the construction of accessory buildings shall conform to or complement those used in the construction of principal buildings.
i. Off-Street Parking. Off-street parking shall conform to the provisions of Section
22-117 for nonresidential uses, and, in addition, the following requirements shall be met;
1. For apartment units, there shall be provided the number of parking spaces as set forth in the following schedule:
Bedrooms | Spaces |
---|
0 | 1.00 (1) |
1 | 1.50 (1) |
2 | 1.75 |
3 or more | 2.00 |
2. For efficiency apartments and 1-bedroom apartments, less than 625 square feet with private covenant assuring occupancy by senior citizens, the amount of required parking to be paved may be reduced to 0.50 and 0.75 spaces per unit respectively. However, total area must be available for future parking should occupancy by other than senior citizens occur.
3. All off-street parking areas and internal roadways shall be paved, bounded by permanent curbing and constructed in accordance with Borough road specifications.
4. Parking areas and internal roadways shall be located at least five feet from a building or townhouse development property line.
5. Internal roadways shall be at least 20 feet in width for two-way traffic and 12 feet in width for one-way traffic and shall not enter a street within 50 feet of an intersection. Parking in internal roadways shall be prohibited.
6. The arrangement and location of garages, parking areas and internal roadways shall be subject to approval of the approving authority and shall be designed to insure maximum safety, proper circulation and maximum convenience for residents and their guests.
j. Landscaping and Open Space.
1. Exclusive of internal roadways, driveways and parking areas, there shall be provided a minimum of 20% of the entire tract for common open space and facilities.
2. Effective screening by a fence or wall no less than four feet nor more than six feet in height shall be provided to shield parking areas and other common facilities from view of adjoining residential properties; provided, however, screening by native vegetation, hedge or other natural landscaping shall be substituted for the required fence or wall, to the maximum extent practicable, if approved by the approving authority as part of the development of the plan.
3. Lighting. Adequate artificial lighting shall be provided in parking areas and along sidewalks, walkways and internal roadways. The source of lighting shall be directed downward, away from buildings and adjoining streets and property lines. Lighting fixtures shall be so arranged that the direct source of light is not visible from any adjacent residence area.
[Ord. #679, S 9-904; Ord. #679N-86-19, S 2; Ord. #06-16]
a. Area and Density Requirements.
1. Minimum Lot Area. There shall be a minimum lot area of 25,000 square feet.
2. Maximum Density. There shall be no more than eight dwelling units per 25,000 square feet of lot area.
3. Maximum Building Coverage. The total ground floor area of all buildings shall not exceed 35% of the lot area.
b. Setback Requirements.
1. No principal building shall be located within 20 feet of a street or rear property line, nor within 10 feet of a side property line.
2. No principal building shall be located within five feet of an internal roadway or driveway.
3. There shall be a minimum distance between principal buildings of 25 feet plus 1/2 foot for each foot of opposing building wall in excess of 35 feet.
4. On corner lots, principal buildings shall meet the front yard setback from all streets.
c. Building Requirements.
1. Height. No building shall exceed a height of two and one-half (2-1/2) stories or 35 feet.
2. Units Per Building. No townhouse dwelling structure shall contain less than four nor more than eight townhouse dwelling units.
3. Building plans and elevations shall show a variation in design and appearance of units and structures to be achieved by types of roof, heights of eaves and peaks, building materials or architectural treatment of building facade.
4. Each townhouse dwelling unit shall be separated from adjoining units by a fire wall extending from the basement to the roof and constructed in accordance with the Building Code.
d. Townhouse Dwelling Unit Requirements.
1. Each townhouse dwelling unit shall contain as a minimum a separate living room, a separate bedroom, a separate bath, a basement for storage and utilities and a separate kitchen, which kitchen facility shall be located separate and apart from other rooms in the unit with exception of the dining room.
2. Minimum Floor Area. Each townhouse dwelling unit shall have a minimum floor area of 600 square feet plus 150 square feet for each bedroom.
3. No room within the townhouse dwelling unit intended for human habitation shall be located in a cellar, basement or attic except that a cellar or basement may contain a family room or recreation room.
4. Each townhouse dwelling unit shall have individual private outside front and rear entrances.
5. Each townhouse dwelling unit shall contain its own heating plant and system and shall constitute a separate, independent unit for metering and all other purposes with respect to all required utilities and similar conveniences. No central or common laundry or similar facilities intended for two or more dwelling units shall be permitted in a townhouse development.
6. Each townhouse dwelling unit shall have an individual private front yard area adjoining the unit of at least 15 feet in depth and an individual private rear yard area or open patio or court adjoining the unit of at least 15 feet. Each private rear yard area, patio or court shall be effectively screened from adjoining units by a fence, wall or natural screening in order to provide a reasonable degree of privacy.
e. Accessory Buildings.
1. Any accessory building shall be located at the rear of any principal building and shall be a minimum of 15 feet from any principal building or property line and 10 feet from another accessory building. Clubhouses, swimming pools and recreation facilities shall be at least 25 feet from a principal building or property line.
2. Height. The maximum height of an accessory building shall be 16 feet.
3. Design. Architectural design and materials used in the construction of accessory buildings shall conform to or complement those used in the construction of principal buildings.
f. Off-Street Parking. Off-street parking shall conform to the provisions of Section
22-117 for nonresidential uses, and, in addition, the following requirements shall be met:
1. Provision shall be made for at least two off-street parking spaces for each one dwelling unit. Garages may be included in calculating the number of parking spaces.
2. Parking spaces or driveways serving individual dwelling units shall not be entered directly from a street.
3. All off-street parking areas and internal roadways shall be paved, bounded by permanent curbing and constructed in accordance with Borough road specifications.
4. Parking areas and internal roadways shall be located at least five feet from a building.
5. Internal roadways shall be at least 20 feet in width for two-way traffic and 12 feet in width for one-way traffic and shall not enter a street within 50 feet of an intersection. Parking in internal roadways shall be prohibited.
6. The arrangement and location of garages, parking areas and internal roadways shall be subject to approval of the approving authority and shall be designed to insure maximum safety, proper circulation and convenience for residents and their guests.
7. At the discretion of the approving authority, individual slotted parking may be permitted in the front of the property, provided:
(a) The adjoining street permits the flow of traffic in one direction only; and
(b) The adjoining street has a width of at least 24feet; and
(c) Alterations are made to the existing curbline to accommodate parking slots without protruding into the street; and
(d) In the event alterations are made pursuant to subparagraph (c), any setback shall be measured from the altered curbline.
g. Landscaping and Open Space.
1. Exclusive of internal roadways, driveways and parking areas, there shall be provided a minimum of 20% of the entire tract for common open space and facilities.
2. Effective screening by a fence or wall no less than four feet nor more than six feet in height shall be provided to shield parking areas and other common facilities from view of adjoining residential properties; provided, however, screening by native vegetation, hedge or other natural landscaping shall be substituted for the required fence or wall, to the maximum extent practicable, if approved by the approving authority as part of the development of the plan.
3. Lighting. Adequate artificial lighting shall be provided in parking areas and along sidewalks, walkways and internal roadways. The source of lighting shall be directed downward, away from buildings and adjoining streets and property lines. Lighting fixtures shall be so arranged that the direct source of light is not visible from any adjacent resident area.
[Ord. #679, S 9-1001]
In the B-2 Business Zone, only the following uses are permitted:
a. Office buildings for business, professional and administrative purposes.
b. Public buildings and uses.
c. Churches, synagogues and other religious buildings and uses.
e. Non-profit clubs, lodges and fraternal, civic, service or charitable organizations.
f. Off-street parking in accordance with Section
22-117.
g. Signs in accordance with Section
22-119.
h. Accessory uses normally incident and subordinate to the above uses.
[Ord. #06-16]
a. Height. No principal building shall exceed a height of two and one-half (2-1/2) stories or 35 feet.
b. Front Yard. There shall be a front yard of not less than 10 feet, except that where existing buildings on the same side of the street and within the block form an average setback, new buildings shall conform to such established line, provided no new building need set back more than 25 feet from the street.
c. Rear Yard. There shall be a minimum rear yard equal to at least 25% of the average lot depth, but no less than 25 feet.
d. Side Yards. There shall be two side yards and no side yard shall be less than 10 feet.
e. Corner Lot. A side yard adjoining a street shall meet the front yard setback on that street.
f. Off-Street Parking. Off-street parking shall be provided in accordance with Section
22-117.
g. Maximum Building Coverage. The ground floor area of the building shall not exceed 30% of the lot area. The applicant must also satisfy the percent impervious coverage requirements as well as comply with the Design and Performance Standards for Stormwater Management Measures (N.J.A.C. 7:8-5).
[Ord. #04-21]
In the B-2a Business Zone, only the following uses are permitted:
a. Any use permitted in the B-2 Business Zone; and,
b. Retail stores and shops shall be permitted in the B-2a Business Zone. Stores and shops for retail business conducted entirely within the confines of a building provided that any process of manufacture, assembly, treatment or conversion involves a product or service intended to be sold or provided directly to the ultimate consumer and further provided that not more than five mechanics or production workers are involved in any such process.
[Ord. #679, S 9-1101; Ord. No. 2018-06]
In the B-3 Business Zone, only the following uses are permitted:
a. Any use permitted in the B Business Zone.
b. Motels in accordance with Section
22-118.
c. Off-street parking in accordance with Section
22-117.
d. Signs in accordance with Section
22-119.
e. Combined convenience store and fuel dispensing facility in accordance with Section
22-118.
f. Accessory uses normally incident and subordinate to the above uses.
[Ord. #679, S 9-1102; Ord. #06-16]
a. Height. No principal building shall exceed a height of two stories or 35 feet.
b. Front Yard. There shall be a front yard of at least 50 feet.
c. Rear Yard. There shall be a rear yard of at least 50 feet.
d. Side Yards. There shall be two side yards and no side yard shall be less than 20 feet.
e. Minimum Lot Width. There shall be a minimum lot width at the building line of 150 feet.
f. Off-Street Parking. Off-street parking shall be provided in accordance with Section
22-117, except no parking is permitted in the required front yard.
g. Maximum Building Coverage. The ground floor area of the building shall not exceed 30% of the lot area. The applicant must also satisfy the percent impervious coverage requirements as well as comply with the Design and Performance Standards for Stormwater Management Measures. (N.J.A.C. 7:8-5).
[Ord. #679, S 9-1201; Ord. No. 2012-01]
In the B-4 Business Zone, only the following uses are permitted:
a. Stores and shops for retail business conducted within the confines of a building provided that:
1. The process of manufacture, assembly, treatment or conversion involves a product or service intended to be sold or provided directly to the ultimate consumer and further provided that not more than five mechanics or production workers are involved in any such process; and,
2. The sale and dispensing of gasoline as an ancillary use or operation associated with a retail store of 100,000 square feet or more is permitted, provided that the gasoline sales and dispensing operation is designated within the same parking and circulation plan as the principal use retail store.
b. Banks and financial institutions.
c. Offices for professional, business and executive purposes.
d. Restaurants, but not including drive-in restaurants or refreshment stands where food, drink and confections are served outside the building, or where food is intended to be consumed in cars parked on the premises.
e. Motels in accordance with Section
22-118.
f. Public buildings, and uses.
g. Research, experimental and testing laboratories except those engaged in the field of explosives.
h. Motor vehicle sales limited to new car dealerships.
i. Theaters, but not including drive-in or open air theaters.
j. Off-street parking in accordance with Section
22-117, except no parking is permitted in the required front yard.
k. Signs in accordance with Section
22-119.
l. Accessory uses normally incident and subordinate to the above uses.
[Ord. #679, S 9-1201]
a. Height. No principal building shall exceed a height of two stories or 35 feet.
b. Front Yard. There shall be a front yard of not less than 50 feet.
c. Rear Yard. There shall be a rear yard of not less than 100 feet.
d. Side Yards. There shall be two side yards and no side yard shall be less than 25 feet.
e. Corner Lot. A side yard adjoining a street shall meet the front yard setback on that street.
f. Minimum Lot Width. There shall be a minimum lot width at the building line of 150 feet.
g. Minimum Lot Area. There shall be a minimum lot area of 40,000 square feet.
h. Maximum Building Coverage. The total ground floor area of all buildings shall not exceed 30% of the lot area.
i. Off-Street Parking. Off-street parking shall be provided in accordance with Section
22-117. Provided, however, no parking shall be permitted in any required front yard.
j. Minimum Open Area. There shall be a minimum of 20% of the lot area which shall have no structures, buildings or pavement thereon and which shall be landscaped with living vegetation.
[Ord. #679, S 9-1301; Ord. #679-G]
In the B-5 Business Zone, only the following uses are permitted:
a. Office buildings for business, professional and administrative purposes.
b. Research, experimental and testing laboratories except those engaged in the field of explosives.
c. Public buildings and uses.
d. Off-street parking in accordance with Section
22-117.
e. Signs in accordance with Section
22-119.
f. Accessory uses customarily incident and subordinate to the above uses.
g. Townhouses subject to the required conditions contained in Subsection
22-105.2. The required conditions of Subsection
22-112.2 shall not apply to townhouses in the B-5 Business Zone.
[Ord. #679, S 9-1302; Ord. #06-16]
a. Height. No principal building shall exceed a height of two stories or 35 feet.
b. Front Yard. There shall be a minimum front yard of 100 feet.
c. Rear Yard. There shall be a minimum rear yard of 100 feet.
d. Side Yard. There shall be two side yards and no side yard shall be less than 25 feet.
e. Corner Lot. A side yard adjoining a street shall meet the front yard setback on that street.
f. Minimum Lot Width. There shall be a minimum lot width at the building line of 200 feet.
g. Minimum Lot Area. There shall be a minimum lot area of 80,000 square feet.
h. Maximum Building Coverage. The ground floor area of the building shall not exceed 30% of the lot area. The applicant must also satisfy the percent impervious coverage requirements as well as comply with the Design and Performance Standards for Stormwater Management Measures (N.J.A.C. 7:8-5).
i. Off-Street Parking. Off-street parking shall be provided in accordance with Section
22-117, provided however, no parking shall be permitted in any required front yard.
j. Minimum Open Area. There shall be a minimum of 30% of the lot area which shall have no structures, buildings, or pavement thereon and which shall be landscaped with living vegetation.
(Ord. #679, S 9-1401).
In the B-6 Business Zone only the following uses are permitted:
a. Any use permitted in the B Business Zone.
b. Motels in accordance with Section
22-118.
[Ord. #679, S 9-1402]
a. Height. No building shall exceed a height of five stories or 50 feet.
b. Front Yard. There shall be a front yard of not less than 10 feet except that where existing buildings on the same side of the street and within the same block form an average setback, new buildings shall conform to such established line; provided, however, all properties with frontage along Route #22 shall maintain a minimum setback of 50 feet.
c. Rear Yard. There shall be a rear yard of at least 20 feet plus five feet for each story in excess of two stories.
d. Side Yards. Side yards adjoining streets shall meet the front yard setback requirement. An interior side yard shall be at least 10 feet plus five feet for each story in excess of two stories.
e. Off-Street Parking. Off-street parking shall be provided in accordance with Section
22-117, provided, however, that for each 5,000 square feet of lot area in excess of 10,000 square feet, the required number of parking spaces may be reduced by 5% up to a maximum of 25%.
[Ord. No. 2017-01 § 2]
In the O Professional Office Overlay Zone, in addition to any use permitted in the underlying zone district, the following uses are permitted:
a. Professional/Business Offices. Professional/business office use, subject to the conditions of Subsections 22-113A2 and 22-113A3 of the Borough Code.
b. Mixed Professional or Business Office-Residential Buildings. Office use within mixed office-residential apartment buildings shall only be located on the ground floor (first floor) level of the principal building. Office use and residential use within mixed-use buildings shall each contain a separate exterior entrance for each separate use.
[Ord. No. 2017-01 § 2]
a. Height. No building shall exceed a height of 2 1/2 stories or 35 feet.
b. Minimum Lot Area. There shall be a minimum lot area of 7,500 square feet.
c. Minimum Lot Width. There shall be a minimum lot width at the building line of 65 feet and a minimum lot frontage of 50 feet.
d. Front Yard. There shall be a front yard of not less than 30feet, except that along Watchung Avenue, where existing buildings on the same side of the street and within the block form an average setback, new buildings shall conform to such established line along Watchung Avenue.
e. Rear Yard. There shall be a minimum rear yard equal to 25% of the average lot depth, but, in no event, not less than 25 feet.
f. Side Yards. There shall be two side yards and no side yard shall be less than 10 feet; provided, however, that the aggregate width of the two required side yards shall equal at least 30% of the lot width at the building line.
g. Maximum Building Coverage. The total ground floor area of all buildings shall not exceed 30% of the total lot area.
h. Off-Street Parking and Loading Requirements. Off-street parking and loading shall be provided in accordance with Section
22-117 of the Borough Code, except as follows:
1. Offices shall provide one off-street parking space for each employee (full-time or part-time) working in the office use during normal operating business hours of the business.
2. Off-street parking for apartments within a mixed-use building shall be as follows:
Bedrooms | Spaces (Parking) |
---|
0 | 1.00 |
1 | 1.50 |
2 | 1.75 |
3 or more | 2.00 |
3. No off-street parking shall be provided in the front yard, except for parking within a garage driveway which serves a mixed-use building.
i. Landscaping. All portions of the property surrounding the principal building not used for off-street parking or loading shall be landscaped with ornamental trees, shrubs and grass lawn area, subject to approval by the Approving Authority.
j. Lighting. All on-site lighting in connection with off-street parking, pedestrian walkways and/or building lighting shall be so arranged and shielded as to reflect the light downward and away from adjoining streets or properties.
k. Signs. Signs permitted in conjunction with an office or mixed-use building shall comply with the requirements of Section
22-119 of the Borough Code, except as follows:
1. Freestanding ground signs shall be prohibited.
2. One non-internally illuminated façade (wall) sign shall be permitted on the building façade fronting along Watchung Avenue and shall only identify the building "name" or primary office use.
3. Façade signage shall not project more than six inches from the building and shall not be mounted above the second floor joist, or in the event of no second floor, above the point at which the façade leaves the vertical plane.
4. The façade sign shall not exceed 12 square feet or 5% of the building façade area along Watchung Avenue, whichever is less, as measured from the average ground elevation of the building to the top of the first floor (bottom of second floor joist, or if no second floor, the point at which the façade leaves the vertical plane).
5. Exterior lighting of the façade (wall) sign shall be directed away from adjoining properties to avoid glare and shall be mounted on the building façade not more than 16 feet above street level.
6. One office tenant sign or announcement sign per practicing professional (not including support staff), not exceeding 72 square inches, may be placed adjacent to the main entrance door to the office building or office entrance in a mixed office-residential building. Such sign shall be in addition to the signage area otherwise permitted in this section.
[Ord. No. 2017-01 § 2]
a. Location. Office use within mixed office-residential buildings shall only be located on the ground floor level of the principal building.
b. Entrances. Office and residential uses within mixed-use buildings shall each be provided with a separate exterior entrance.
c. Minimum Floor Area. The minimum floor area of residential units within mixed office-residential buildings shall be as follows:
1. Efficiency (0 bedrooms): 450 square feet.
2. One bedroom: 595 square feet.
3. Two bedrooms or more: 800 square feet.
[Ord. No. 2017-21]
In the AHO Affordable Housing Overlay Zone, in addition to any use permitted in the underlying zone district, multifamily residential development is permitted with development incentives for the provision of affordable housing.
[Ord. No. 2017-21]
a. Height. No building shall exceed a height of five stories or 60 feet, whichever is lower.
[Amended 8-25-2020 by Ord. No. 20-06]
b. Minimum Lot Area. There shall be a minimum lot area of 40,000 square feet.
c. Front Yard. There shall be a front yard of not less than 10 feet along any street.
d. Rear Yard. There shall be a rear yard of not less than 25 feet.
e. Side Yards. The minimum side yard width shall be 15 feet.
f. Maximum Building Coverage. The total ground floor area of all buildings shall not exceed 40% of the total lot area.
g. Maximum Impervious Coverage. The total area of all impervious surfaces shall not exceed 85% of the total lot area.
h. Maximum Gross Residential Density. The maximum gross residential density shall be 35 dwelling units/acre which shall be considered a "compensatory benefit" in exchange for the required provision of low- and moderate-income dwelling units as required by Subsection 22-113B3 of the Borough Code below.
[Amended 8-25-2020 by Ord. No. 20-06]
i. Off-Street Parking and Loading Requirements. Off-street parking and loading shall be provided in accordance with Section
22-117 of the Borough Code, except that the minimum off-street parking requirements shall be as follows:
Bedrooms | Spaces (Parking) |
---|
0 | 1.00 |
1 | 1.50 |
2 | 1.75 |
3 or more | 2.00 |
j. Landscaping. All portions of the property surrounding the principal building not used for off-street parking or loading shall be landscaped with ornamental trees, shrubs and grass lawn area, subject to approval by the Approving Authority.
k. Lighting. All on-site lighting in connection with off-street parking, pedestrian walkways and/or building lighting shall be so arranged and shielded as to reflect the light downward and away from adjoining streets or properties.
l. Signs. Signs shall comply with the requirements of Section
22-119 of the Borough Code.
[Ord. No. 2017-21; amended 8-25-2020 by Ord. No. 20-06]
Multifamily residential development shall be required to provide low- and moderate-income dwelling units in accordance with the subsection. The maximum affordable housing set-aside shall be 20% of the dwelling units in the development, except that the minimum set-aside shall be 15% where affordable rental units are provided. Of these, at least 50% must be reserved for, and affordable to, low-income households. A minimum of 13% of the affordable units in each bedroom distribution shall be affordable to households earning 30% or less of the area median income for the Council on Affordable Housing (COAH) region. Low- and moderate-income housing units shall be governed by the standards set forth in the Uniform Housing Affordability Controls (UHAC), N.J.A.C. 5:80-26.1 et seq., and shall comply with the applicable rules of the Council on Affordable Housing (COAH) and any other relevant state regulations.
[Ord. #685, S 1.10; amended 9-13-2021 by Ord. No. 21-12]
The Legislature of the State of New Jersey has, in N.J.S.A. 40:48 et seq. and N.J.S.A. 40:55D et seq., conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and
The Federal Emergency Management Agency (FEMA) has identified special flood hazard areas within the boundaries of the Borough of North Plainfield and such areas may be subject to periodic inundation, which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and
The Borough of North Plainfield was accepted for participation in the National Flood Insurance Program on October 1, 1992, and the Borough Council of the Borough of North Plainfield desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and
The Borough of North Plainfield is required, pursuant to N.J.A.C. 5:23 et seq., to administer and enforce the state building codes, and such building codes contain certain provisions that apply to the design and construction of buildings and structures in flood hazard areas; and
The Borough of North Plainfield is required, pursuant to N.J.S.A. 40:49-5, to enforce zoning codes that secure safety from floods and contain certain provisions that apply to the development of lands; and
The Borough of North Plainfield is required, pursuant to N.J.S.A. 58:16A-57, within 12 months after the delineation of any flood hazard area, to adopt rules and regulations concerning the development and use of land in the flood fringe area which at least conform to the standards promulgated by the New Jersey State Department of Environmental Protection (NJDEP).
[Ord. #685, S 1.20; amended 9-13-2021 by Ord. No. 21-12]
a. Title. These regulations, in combination with the flood provisions of the Uniform Construction Code (UCC) N.J.A.C. 5:23 (hereinafter "Uniform Construction Code"), consisting of the Building Code, Residential Code, Rehabilitation Subcode, and related codes, and the New Jersey Flood Hazard Area Control Act (hereinafter "FHACA"), N.J.A.C. 7:13, shall be known as the Floodplain Management Regulations of the Borough of North Plainfield (hereinafter "these regulations").
b. Scope. These regulations, in combination with the flood provisions of the Uniform Construction Code and FHACA shall apply to all proposed development in flood hazard areas established in §
22-114.3 of this §
22-114 of these regulations.
c. Purposes and Objectives. The purposes and objectives of these regulations are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:
1. Protect human life and health.
2. Prevent unnecessary disruption of commerce, access, and public service during times of flooding.
3. Manage the alteration of natural floodplains, stream channels and shorelines;
4. Manage filling, grading, dredging and other development which may increase flood damage or erosion potential.
5. Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.
6. Contribute to improved construction techniques in the floodplain.
7. Minimize damage to public and private facilities and utilities.
8. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.
9. Minimize the need for rescue and relief efforts associated with flooding.
10. Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.
11. Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.
12. Meet the requirements of the National Flood Insurance Program for community participation set forth in Title 44, Code of Federal Regulations, Section 59.22.
d. Coordination with Building Codes. Pursuant to the requirement established in N.J.A.C. 5:23, the Uniform Construction Code, that the Borough of North Plainfield administer and enforce the state building codes, the Borough Council of Borough of North Plainfield does hereby acknowledge that the Uniform Construction Code contains certain provisions that apply to the design and construction of buildings and structures in flood hazard areas. Therefore, these regulations are intended to be administered and enforced in conjunction with the Uniform Construction Code.
e. Ordinary Building Maintenance and Minor Work. Improvements defined as ordinary building maintenance and minor work projects by the Uniform Construction Code including nonstructural replacement-in-kind of windows, doors, cabinets, plumbing fixtures, decks, walls, partitions, new flooring materials, roofing, etc. shall be evaluated by the Floodplain Administrator through the floodplain development permit to ensure compliance with §
22-114.4p, Substantial Damage and Substantial Improvement Determinations, of this §
22-114.
f. Warning. The degree of flood protection required by these regulations is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur. Flood heights may be increased by man-made or natural causes. Enforcement of these regulations does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage.
g. Other Laws. The provisions of these regulations shall not be deemed to nullify any provisions of local, state and/or federal law.
h. Violations and Penalties for Noncompliance. No structure or land shall hereafter be constructed, re-located to, extended, converted, or altered without full compliance with the terms of this §
22-114 and other applicable regulations. Violation of the provisions of this §
22-114 by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor under N.J.S.A. 40:49-5. Any person who violates this §
22-114 or fails to comply with any of its requirements shall be subject to one or more of the following: a fine of not more than $1,000, imprisonment for a term not exceeding 90 days or a period of community service not exceeding 90 days, in the discretion of the Municipal Court Judge.
Each day in which a violation of this §
22-114 exists shall be considered to be a separate and distinct violation subject to the imposition of a separate penalty for each day of the violation as the Court may determine except that the owner will be afforded the opportunity to cure or abate the condition during a thirty-calendar-day period and shall be afforded the opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-calendar-day period, a fine greater than $1,000 may be imposed if the court has not determined otherwise, or if upon reinspection of the property, it is determined that the abatement has not been substantially completed.
Any person who is convicted of violating this §
22-114 within one year of the date of a previous violation of the same and who was fined for the previous violation shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this §
22-114, but shall be calculated separately from the fine imposed for the violation of this §
22-114. The Borough of North Plainfield's Governing Body, at their discretion, may choose not to impose an additional fine upon a person for a repeated violation of this §
22-114 and may waive the additional fine by ordinance or resolution.
Any person convicted of the violation of this §
22-114 may, in the discretion of the court by which he was convicted, and in default of the payment of any fine imposed therefore, be imprisoned in the county jail or place of detention provided by the municipality, for any term not exceeding 90 calendar days, or be required to perform community service for a period not exceeding 90 calendar days.
i. Solid Waste Disposal in a Flood Hazard Area. Any person who has unlawfully disposed of solid waste in a floodway or floodplain who fails to comply with this §
22-114 or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $2,500 or up to a maximum penalty by a fine not exceeding $10,000 under N.J.S.A. 40:49-5.
j. Abrogation and Greater Restrictions. These regulations supersede this §
22-114 in effect in flood hazard areas. However, these regulations are not intended to repeal or abrogate any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes. In the event of a conflict between these regulations and any other ordinance, code, or regulation, the more restrictive shall govern.
[Ord. #685, S 1.30; amended 9-13-2021 by Ord. No. 21-12]
These regulations, in conjunction with the Uniform Construction Code, provide minimum requirements for development located in flood hazard areas, including the subdivision of land and other developments; site improvements and installation of utilities; placement and replacement of manufactured homes; placement of recreational vehicles; new construction and alterations, repair, reconstruction, rehabilitation or additions of existing buildings and structures; substantial improvement of existing buildings and structures, including repair of substantial damage; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; and, certain building work exempt from permit under the Uniform Construction Code, and other buildings and development activities.
a. Establishment of Flood Hazard Areas. The Borough of North Plainfield was accepted for participation in the National Flood Insurance Program in 1992.
The National Flood Insurance Program (NFIP) floodplain management regulations encourage that all Federal, State, and Local regulations that are more stringent than the minimum NFIP standards take precedence in permitting decisions. The FHACA requires that the effective Flood Insurance Rate Map, most recent preliminary FEMA mapping and flood studies, and Department delineations be compared to determine the most restrictive mapping. The FHACA also regulates unstudied flood hazard areas in watersheds measuring 50 acres or greater in size and most riparian zones in New Jersey. Because of these higher standards, the regulated flood hazard area in New Jersey may be more expansive and more restrictive than the FEMA special flood hazard area. Maps and studies that establish flood hazard areas are on file at the office of the Floodplain Administrator.
The following sources identify flood hazard areas in this jurisdiction and must be considered when determining the best available flood hazard data area:
1. Effective Flood Insurance Study. Special flood hazard areas (SFHAs) identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study, Somerset County, New Jersey (all jurisdictions)" dated September 28, 2007, and the accompanying Flood Insurance Rate Maps (FIRM) identified in Table 102.2(1), whose effective date is September 28, 2007, are hereby adopted by reference.
Table 102.2(1) |
---|
Map Panel # | Effective Date | Revision Date |
---|
0089 | 9-28-2007 | |
0093 | 9-28-2007 | |
0177 | 9-28-2007 | |
0181 | 9-28-2007 | |
2. Federal Best Available Information. The Borough of North Plainfield shall utilize federal flood information as listed in the table below that provides more detailed hazard information, higher flood elevations, larger flood hazard areas, and results in more restrictive regulations. This information may include but is not limited to preliminary flood elevation guidance from FEMA (such as Advisory Flood Hazard Area Maps, Work Maps or Preliminary FIS and FIRM). Additional Federal Best Available studies issued after the date of this §
22-114 must also be considered. These studies are listed on FEMA's Map Service Center. This information shall be used for floodplain regulation purposes only.
Table 102.2(2) |
---|
Map Panel # | Preliminary Date |
---|
None | |
3. Other Best Available Data. The Borough of North Plainfield shall utilize high water elevations from flood events, groundwater flooding areas, studies by federal or state agencies, or other information deemed appropriate by The Borough of North Plainfield. Other "best available information" may not be used which results in less restrictive flood elevations, design standards, or smaller flood hazard areas than the sources described in §
22-114.3a1 and
2 above. This information shall be used for floodplain regulation purposes only.
4. State Regulated Flood Hazard Areas. For state-regulated waters, the NJ Department of Environmental Protection (NJDEP) identifies the flood hazard area as the land, and the space above that land, which lies below the "Flood Hazard Area Control Act design flood elevation," as defined in §
22-114.10, and as described in the New Jersey Flood Hazard Area Control Act at N.J.A.C. 7:13. A FHACA flood hazard area exists along every regulated water that has a drainage area of 50 acres or greater. Such area may extend beyond the boundaries of the special flood hazard areas (SFHAs) as identified by FEMA. The following is a list of New Jersey State studied waters in this community under the FHACA, and their respective map identification numbers.
Table 102.2(3) List of State Studied Waters |
---|
Name of Studied Water | Section Studied | Project | File Name | Map Number |
---|
Green Brook | | Y | | |
Stony Brook | | Y | | |
b. Establishing the Local Design Flood Elevation (LDFE). The local design flood elevation (LDFE) is established in the flood hazard areas determined in §
22-114.3a of this §
22-114 above, using the best available flood hazard data sources, and the Flood Hazard Area Control Act, minimum statewide elevation requirements for lowest floors in A, Coastal A, and V zones, ASCE 24 requirements for critical facilities as specified by the building code, plus additional freeboard as specified by this §
22-114. At a minimum, the local design flood elevation shall be as follows:
1. For a delineated watercourse, the elevation associated with the best available flood hazard data area determined in §
22-114.3a of this §
22-114 above, plus one foot or as described by N.J.A.C. 7:13 of freeboard; or
2. For any undelineated watercourse (where mapping or studies described in §
22-114.3a1 and
2 of this §
22-114 above are not available) that has a contributory drainage area of 50 acres or more, the applicants must provide one of the following to determine the local design flood elevation:
(a) A copy of an unexpired NJDEP Flood Hazard Area Verification; or
(b) A determination of the flood hazard area design flood elevation using Method 5 or Method 6 (as described in N.J.A.C. 7:13) and is sealed and submitted according to §
22-114.6b and
c of this §
22-114.
3. AO Zones. For Zone AO areas on the municipality's FIRM (or on preliminary flood elevation guidance from FEMA), the local design flood elevation is determined from the FIRM panel as the highest adjacent grade plus the depth number specified plus one foot of freeboard. If no depth number is specified, the local design flood elevation is three feet above the highest adjacent grade.
4. Class IV Critical Facilities. For any proposed development of new and substantially improved Flood Design Class IV critical facilities, the local design flood elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the flood hazard area design flood elevation with an additional two feet of freeboard in accordance with ASCE 24.
5. Class III Critical Facilities. For proposed development of new and substantially improved Flood Design Class III critical facilities in coastal high hazard areas, the local design flood elevation must be the higher of the 0.2% annual chance (500-year) flood elevation or the flood hazard area design flood elevation with an additional one foot of freeboard in accordance with ASCE 24.
[Ord. #685, S 1.40; amended 9-13-2021 by Ord. No. 21-12]
a. Floodplain Administrator Designation. The Borough Engineer is designated the Floodplain Administrator. The Floodplain Administrator shall have the authority to delegate performance of certain duties to other employees.
b. General. The Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations consistent with the intent and purpose of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to §
22-114.8 of this §
22-114.
c. Coordination. The Floodplain Administrator shall coordinate with the Construction Official to administer and enforce the flood provisions of the Uniform Construction Code.
d. Duties. The duties of the Floodplain Administrator shall include but are not limited to:
1. Review all permit applications to determine whether proposed development is located in flood hazard areas established in §
22-114.3 of this §
22-114.
2. Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.
3. Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.
4. Determine whether additional flood hazard data shall be obtained or developed.
5. Review required certifications and documentation specified by these regulations and the building code to determine that such certifications and documentations are complete.
6. Establish, in coordination with the Construction Official, written procedures for administering and documenting determinations of substantial improvement and substantial damage made pursuant to §
22-114.4p of this §
22-114.
7. Coordinate with the Construction Official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.
8. Review requests submitted to the Construction Official seeking approval to modify the strict application of the flood load and flood-resistant construction requirements of the Uniform Construction code to determine whether such requests require consideration as a variance pursuant to §
22-114.8 of this §
22-114.
9. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the Flood Insurance Rate Maps when the analyses propose to change base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.
10. Require applicants who propose alteration of a watercourse to notify adjacent jurisdictions and the NJDEP Bureau of Flood Engineering, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA).
11. Inspect development in accordance with §
22-114.7 of this §
22-114 and inspect flood hazard areas to determine if development is undertaken without issuance of permits.
12. Prepare comments and recommendations for consideration when applicants seek variances in accordance with §
22-114.8 of this §
22-114.
14. Notify the Federal Emergency Management Agency when the corporate boundaries of Borough of North Plainfield have been modified.
15. Permit ordinary maintenance and minor work in the regulated areas discussed in §
22-114.3a of this §
22-114.
e. Use of Changed Technical Data. The Floodplain Administrator and the applicant shall not use changed flood hazard area boundaries or base flood elevations for proposed buildings or developments unless the Floodplain Administrator or applicant has applied for a Conditional Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) revision and has received the approval of the Federal Emergency Management Agency. A revision of the effective FIRM does not remove the related feature(s) on a flood hazard area delineation that has been promulgated by the NJDEP. A separate application must be made to the state pursuant to N.J.A.C. 7:13 for revision of a flood hazard design flood elevation, flood hazard area limit, floodway limit, and/or other related feature.
f. Other Permits. It shall be the responsibility of the Floodplain Administrator to assure that approval of a proposed development shall not be given until proof that necessary permits have been granted by Federal or State agencies having jurisdiction over such development, including Section 404 of the Clean Water Act. In the event of conflicting permit requirements, the Floodplain Administrator must ensure that the most restrictive floodplain management standards are reflected in permit approvals.
g. Determination of Local Design Flood Elevations. If design flood elevations are not specified, the Floodplain Administrator is authorized to require the applicant to:
1. Obtain, review, and reasonably utilize data available from a federal, state, or other source; or
2. Determine the design flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques. Such analyses shall be performed and sealed by a licensed professional engineer. Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant.
It shall be the responsibility of the Floodplain Administrator to verify that the applicant's proposed best available flood hazard data area and the local design flood elevation in any development permit accurately applies the best available flood hazard data and methodologies for determining flood hazard areas and design elevations described in §
22-114.3a and
b of this §
22-114, respectively. This information shall be provided to the Construction Official and documented according to §
22-114.4q of this §
22-114.
h. Requirement to Submit New Technical Data. Base flood elevations may increase or decrease resulting from natural changes (e.g., erosion, accretion, channel migration, subsidence, uplift) or man-made physical changes (e.g., dredging, filling, excavation) affecting flooding conditions. As soon as practicable, but not later than six months after the date of a man-made change or when information about a natural change becomes available, the Floodplain Administrator shall notify the Federal Insurance Administrator of the changes by submitting technical or scientific data in accordance with Title 44, Code of Federal Regulations, Section 65.3. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements will be based upon current data.
i. Activities in Riverine Flood Hazard Areas. In riverine flood hazard areas where design flood elevations are specified but floodways have not been designated, the Floodplain Administrator shall not permit any new construction, substantial improvement or other development, including the placement of fill, unless the applicant submits an engineering analysis prepared by a licensed professional engineer that demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachment, will not increase the design flood elevation more than 0.2 foot at any point within the community.
j. Floodway Encroachment. Prior to issuing a permit for any floodway encroachment, including fill, new construction, substantial improvements and other development or land-disturbing-activity, the Floodplain Administrator shall require submission of a certification prepared by a licensed professional engineer, along with supporting technical data, that demonstrates that such development will not cause any increase in the base flood level.
k. Floodway Revisions. A floodway encroachment that increases the level of the base flood is authorized if the applicant has applied for a Conditional Letter of Map Revision (CLOMR) to the Flood Insurance Rate Map (FIRM) and has received the approval of FEMA.
l. Watercourse Alteration. Prior to issuing a permit for any alteration or relocation of any watercourse, the Floodplain Administrator shall require the applicant to provide notification of the proposal to the appropriate authorities of all adjacent government jurisdictions, as well as the NJDEP Bureau of Flood Engineering and the Division of Land Resource Protection. A copy of the notification shall be maintained in the permit records and submitted to FEMA.
m. Engineering Analysis. The Floodplain Administrator shall require submission of an engineering analysis prepared by a licensed professional engineer, demonstrating that the flood-carrying capacity of the altered or relocated portion of the watercourse will be maintained, neither increased nor decreased. Such watercourses shall be maintained in a manner that preserves the channel's flood-carrying capacity.
n. Alterations in Coastal Areas. The excavation or alteration of sand dunes is governed by the New Jersey Coastal Zone Management (CZM) rules, N.J.A.C. 7:7. Prior to issuing a flood damage prevention permit for any alteration of sand dunes in coastal high hazard areas and Coastal A Zones, the Floodplain Administrator shall require that a New Jersey CZM permit be obtained and included in the flood damage prevention permit application. The applicant shall also provide documentation of any engineering analysis, prepared by a licensed professional engineer, that demonstrates that the proposed alteration will not increase the potential for flood damage.
o. Development in Riparian Zones. All development in Riparian Zones as described in N.J.A.C. 7:13 is prohibited by this §
22-114 unless the applicant has received an individual or general permit or has complied with the requirements of a permit by rule or permit by certification from NJDEP Division of Land Resource Protection prior to application for a floodplain development permit and the project is compliant with all other floodplain development provisions of this §
22-114. The width of the riparian zone can range between 50 and 300 feet and is determined by the attributes of the waterbody and designated in the New Jersey Surface Water Quality Standards, N.J.A.C. 7:9B. The portion of the riparian zone located outside of a regulated water is measured landward from the top of bank. Applicants can request a verification of the riparian zone limits or a permit applicability determination to determine State permit requirements under N.J.A.C. 7:13 from the NJDEP Division of Land Resource Protection.
p. Substantial Improvement and Substantial Damage Determinations. When buildings and structures are damaged due to any cause including but not limited to man-made, structural, electrical, mechanical, or natural hazard events, or are determined to be unsafe as described in N.J.A.C. 5:23; and for applications for building permits to improve buildings and structures, including alterations, movement, repair, additions, rehabilitations, renovations, ordinary maintenance and minor work, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the Floodplain Administrator, in coordination with the Construction Official, shall:
1. Estimate the market value, or require the applicant to obtain a professional appraisal prepared by a qualified independent appraiser, of the market value of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.
2. Determine and include the costs of all ordinary maintenance and minor work, as discussed in §
22-114.4p, performed in the floodplain regulated by this §
22-114 in addition to the costs of those improvements regulated by the Construction Official in substantial damage and substantial improvement calculations.
3. Compare the cost to perform the improvement, the cost to repair the damaged building to its pre-damaged condition, or the combined costs of improvements and repairs, where applicable, to the market value of the building or structure.
4. Notify the applicant, in writing, when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood-resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage. The Floodplain Administrator shall also provide all letters documenting substantial damage and compliance with flood-resistant construction requirements of the building code to the NJDEP Bureau of Flood Engineering.
q. Department Records. In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the Floodplain Administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the Uniform Construction Code, including Flood Insurance Studies, Flood Insurance Rate Maps; documents from FEMA that amend or revise FIRMs; NJDEP delineations, records of issuance of permits and denial of permits; records of ordinary maintenance and minor work, determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the Uniform Construction Code and these regulations including as-built elevation certificates; notifications to adjacent communities, FEMA, and the state related to alterations of watercourses; assurance that the flood-carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and, records of enforcement actions taken pursuant to these regulations and the flood-resistant provisions of the Uniform Construction Code. The Floodplain Administrator shall also record the required elevation, determination method, and base flood elevation source used to determine the local design flood elevation in the floodplain development permit.
r. Liability. The Floodplain Administrator and any employee charged with the enforcement of these regulations, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by these regulations or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of these regulations shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Floodplain Administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of these regulations.
[Ord. #685, S 2; Ord. #679-H; amended 9-13-2021 by Ord. No. 21-12]
Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the Floodplain Administrator and shall obtain the required permit. Depending on the nature and extent of proposed development that includes a building or structure, the Floodplain Administrator may determine that a floodplain development permit or approval is required in addition to a building permit.
a. Application for Permit. The applicant shall file an application in writing on a form furnished by the Floodplain Administrator. Such application shall:
1. Identify and describe the development to be covered by the permit.
2. Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitely locate the site.
3. Indicate the use and occupancy for which the proposed development is intended.
4. Be accompanied by a site plan and construction documents as specified in §
22-114.6 of this §
22-114, grading and filling plans and other information deemed appropriate by the Floodplain Administrator.
5. State the valuation of the proposed work, including the valuation of ordinary maintenance and minor work.
6. Be signed by the applicant or the applicant's authorized agent.
b. Validity of Permit. The issuance of a permit under these regulations or the Uniform Construction Code shall not be construed to be a permit for, or approval of, any violation of this appendix or any other ordinance of the jurisdiction. The issuance of a permit based on submitted documents and information shall not prevent the Floodplain Administrator from requiring the correction of errors. The Floodplain Administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations or other ordinances of this jurisdiction.
c. Expiration. A permit shall become invalid when the proposed development is not commenced within 180 calendar days after its issuance, or when the work authorized is suspended or abandoned for a period of 180 calendar days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The Floodplain Administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 calendar days each.
d. Suspension or Revocation. The Floodplain Administrator is authorized to suspend or revoke a permit issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of this §
22-114 or code of this jurisdiction.
[Ord. #685, S 3; amended 9-13-2021 by Ord. No. 21-12]
a. Information for Development in Flood Hazard Areas. The site plan or construction documents for any development subject to the requirements of these regulations shall be drawn to scale and shall include, as applicable to the proposed development:
1. Delineation of flood hazard areas, floodway boundaries and flood zone(s), base flood elevation(s), and ground elevations when necessary for review of the proposed development. For buildings that are located in more than one flood hazard area, the elevation and provisions associated with the most restrictive flood hazard area shall apply.
2. Where base flood elevations or floodway data are not included on the FIRM or in the Flood Insurance Study, they shall be established in accordance with §
22-114.6b of this §
22-114.
3. Where the parcel on which the proposed development will take place will have more than 50 lots or is larger than five acres and base flood elevations are not included on the FIRM or in the Flood Insurance Study, such elevations shall be established in accordance with §
22-114.6b3 of this §
22-114.
4. Location of the proposed activity and proposed structures, and locations of existing buildings and structures; in coastal high hazard areas and Coastal A zones, new buildings shall be located landward of the reach of mean high tide.
5. Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
6. Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose. The applicant shall provide an engineering certification confirming that the proposal meets the flood storage displacement limitations of N.J.A.C. 7:13.
7. Extent of any proposed alteration of sand dunes.
8. Existing and proposed alignment of any proposed alteration of a watercourse.
9. Floodproofing certifications, V Zone and breakaway wall certifications, operations and maintenance plans, warning and evacuation plans and other documentation required pursuant to FEMA publications.
The Floodplain Administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by these regulations but that are not required to be prepared by a registered design professional when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance.
b. Information in Flood Hazard Areas Without Base Flood Elevations (Approximate Zone A). Where flood hazard areas are delineated on the effective or preliminary FIRM and base flood elevation data have not been provided, the applicant shall consult with the Floodplain Administrator to determine whether to:
1. Use the Approximation Method (Method 5) described in N.J.A.C. 7:13 in conjunction with Appendix 1 of the FHACA to determine the required flood elevation.
2. Obtain, review, and reasonably utilize data available from a federal, state or other source when those data are deemed acceptable to the Floodplain Administrator to reasonably reflect flooding conditions.
3. Determine the base flood elevation in accordance with accepted hydrologic and hydraulic engineering techniques according to Method 6 as described in N.J.A.C. 7:13. Such analyses shall be performed and sealed by a licensed professional engineer.
Studies, analyses, and computations shall be submitted in sufficient detail to allow review and approval by the Floodplain Administrator prior to floodplain development permit issuance. The accuracy of data submitted for such determination shall be the responsibility of the applicant. Where the data are to be used to support a Letter of Map Change (LOMC) from FEMA, the applicant shall be responsible for satisfying the submittal requirements and pay the processing fees.
c. Analyses and Certifications by a Licensed Professional Engineer. As applicable to the location and nature of the proposed development activity, and in addition to the requirements of this section, the applicant shall have the following analyses signed and sealed by a licensed professional engineer for submission with the site plan and construction documents:
1. For development activities proposed to be located in a regulatory floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in § 114.6d of this §
22-114 and shall submit the Conditional Letter of Map Revision, if issued by FEMA, with the site plan and construction documents.
2. For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the FIS or FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments will not increase the base flood elevation more than 0.2 foot at any point within the jurisdiction. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.
3. For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices which demonstrates that the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained, while neither increasing nor decreasing the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in §
22-114.6d of this §
22-114. The applicant shall notify the chief executive officer of all affected adjacent jurisdictions, the NJDEP's Bureau of Flood Engineering and the Division of Land Resource Protection; and shall provide documentation of such notifications.
4. For activities that propose to alter sand dunes in coastal high hazard areas (Zone V) and Coastal A Zones, an engineering analysis that demonstrates that the proposed alteration will not increase the potential for flood damage and documentation of the issuance of a New Jersey Coastal Zone Management permit under N.J.A.C. 7:7.
5. For analyses performed using Methods 5 and 6 (as described in N.J.A.C. 7:13) in flood hazard zones without base flood elevations (approximate A zones).
d. Submission of Additional Data. When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a Letter of Map Change (LOMC) from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a licensed professional engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant.
(Ord. #685, S 4; Ord. #679-H; Ord. #679-0-87-7, S 1; Ord. #679-P-87-24, S 1; Ord. #06-16); amended 9-13-2021 by Ord. No. 21-12
Development for which a permit is required shall be subject to inspection. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid.
a. Inspections of Development. The Floodplain Administrator shall inspect all development in flood hazard areas authorized by issuance of permits under these regulations. The Floodplain Administrator shall inspect flood hazard areas from time to time to determine if development is undertaken without issuance of a permit.
b. Buildings and Structures. The Construction Official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit in accordance with the Uniform Construction Code, N.J.A.C. 5:23.
1. Lowest Floor Elevation. Upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in §
22-114.6b of this §
22-114 shall be submitted to the Construction Official on an elevation certificate.
2. Lowest Horizontal Structural Member. In V zones and Coastal A zones, upon placement of the lowest floor, including the basement, and prior to further vertical construction, certification of the elevation required in §
22-114.6b of this §
22-114 shall be submitted to the Construction Official on an elevation certificate.
3. Installation of attendant utilities (electrical, heating, ventilating, air-conditioning, and other service equipment) and sanitary facilities elevated as discussed in §
22-114.6b of this §
22-114.
4. Final Inspection. Prior to the final inspection, certification of the elevation required in §
22-114.6b of this §
22-114 shall be submitted to the Construction Official on an elevation certificate.
c. Manufactured Homes. The Floodplain Administrator shall inspect manufactured homes that are installed or replaced in flood hazard areas to determine compliance with the requirements of these regulations and the conditions of the issued permit. Upon placement of a manufactured home, certification of the elevation of the lowest floor shall be submitted on an elevation certificate to the Floodplain Administrator prior to the final inspection.
[Ord. #685, S 5; Ord. #679-H; Ord. #679-0-87-7, SS 2,3; Ord. #679-P-87-24, S 2; amended 9-13-2021 by Ord. No. 21-12]
The
Zoning Board of Adjustment shall hear and decide requests for variances. The
Zoning Board of Adjustment shall base its determination on technical justifications submitted by applicants, the considerations for issuance in §
22-114.8d of this §
22-114, the conditions of issuance set forth in §
22-114.8e of this §
22-114, and the comments and recommendations of the Floodplain Administrator and, as applicable, the Construction Official. The
Zoning Board of Adjustment (and Planning Board where applicable) has the right to attach such conditions to variances as it deems necessary to further the purposes and objectives of these regulations.
a.
Historic Structures. A variance is authorized to be issued for the repair or rehabilitation of an historic structure upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as an historic structure, the historic structure is eligible for the exception in the section in Chapter
12 of the Existing Building Code applicable to historic structures in flood hazard areas, and the variance is the minimum necessary to preserve the historic character and design of the structure.
b.
Functionally Dependent Uses. A variance is authorized to be issued for the construction or substantial improvement necessary for the conduct of a functionally dependent use provided the variance is the minimum necessary to allow the construction or substantial improvement, and that all due consideration has been given to use of methods and materials that minimize flood damage during the base flood and create no additional threats to public safety.
c.
Restrictions in Floodways. A variance shall not be issued for any proposed development in a floodway when any increase in flood levels would result during the base flood discharge, as evidenced by the applicable analysis and certification required in §
22-114.6c1 of this §
22-114.
d.
Considerations. In reviewing requests for variances, all technical evaluations, all relevant factors, all other portions of these regulations, and the following shall be considered:
1.
The danger that materials and debris may be swept onto other lands resulting in further injury or damage,
2.
The danger to life and property due to flooding or erosion damage.
3.
The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.
4.
The importance of the services provided by the proposed development to the community.
5.
The availability of alternate locations for the proposed development that are not subject to flooding or erosion and the necessity of a waterfront location, where applicable.
6.
The compatibility of the proposed development with existing and anticipated development.
7.
The relationship of the proposed development to the comprehensive plan and floodplain management program for that area.
8.
The safety of access to the property in times of flood for ordinary and emergency vehicles.
9.
The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwater and the effects of wave action, where applicable, expected at the site.
10.
The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets, and bridges.
e.
Conditions for Issuance. Variances shall only be issued upon:
1.
Submission by the applicant of a showing of good and sufficient cause that the unique characteristics of the size, configuration or topography of the site limit compliance with any provision of these regulations or renders the elevation standards of the building code inappropriate.
2.
A determination that failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable.
3.
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws or ordinances.
4.
A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
5.
Notification to the applicant in writing over the signature of the Floodplain Administrator that the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and that such construction below the base flood level increases risks to life and property.
[Ord. #92-07, S 1; amended 9-13-2021 by Ord. No. 21-12]
Any development in any flood hazard area that is being performed without an issued permit or that is in conflict with an issued permit shall be deemed a violation. A building or structure without the documentation of elevation of the lowest floor, the lowest horizontal structural member if in a V or Coastal A Zone, other required design certifications, or other evidence of compliance required by the building code is presumed to be a violation until such time as that documentation is provided.
a. Authority. The Floodplain Administrator is authorized to serve notices of violation or stop-work orders to owners of property involved, to the owner's agent, or to the person or persons doing the work for development that is not within the scope of the Uniform Construction Code, but is regulated by these regulations and that is determined to be a violation.
b. Unlawful Continuance. Any person who shall continue any work after having been served with a notice of violation or a stop-work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by N.J.S.A. 40:49-5, as appropriate.
c. Review Period to Correct Violations. A thirty-day calendar period shall be given to the property owner as an opportunity to cure or abate the condition. The property owner shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day calendar period, a fine greater than $1,000 may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
[Added 9-13-2021 by Ord. No. 21-12]
The following words and terms shall, for the purposes of these regulations, have the meanings shown herein. Other terms are defined in the Uniform Construction Code, N.J.A.C. 5:23 and terms are defined where used in the International Residential Code and International Building Code (rather than in the definitions section). Where terms are not defined, such terms shall have ordinarily accepted meanings such as the context implies.
100-YEAR FLOOD ELEVATION Elevation of flooding having a 1% annual chance of being equaled or exceeded in a given year which is also referred to as the base flood elevation.
500-YEAR FLOOD ELEVATION Elevation of flooding having a two-tenths of 1% (0.2%) annual chance of being equaled or exceeded in a given year.
A ZONES Areas of special flood hazard in which the elevation of the surface water resulting from a flood that has a 1% annual chance of equaling or exceeding the base flood elevation (BFE) in any given year shown on the Flood Insurance Rate Map (FIRM) Zones A, AE, AH, A1-A30, AR, AR/A, AR/AE, AR/A1-A30, AR/AH, and AR/AO. When used in reference to the development of a structure in this §
22-114, A Zones are not inclusive of Coastal A Zones because of the higher building code requirements for Coastal A Zones.
ACCESSORY STRUCTURE Accessory structures are also referred to as appurtenant structures. An accessory structure is a structure which is on the same parcel of property as a principal structure and the use of which is incidental to the use of the principal structure. For example, a residential structure may have a detached garage or storage shed for garden tools as accessory structures. Other examples of accessory structures include gazebos, picnic pavilions, boathouses, small pole barns, storage sheds and similar buildings.
AGRICULTURAL STRUCTURE A structure used solely for agricultural purposes in which the use is exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock. Communities must require that new construction or substantial improvements of agricultural structures be elevated or floodproofed to or above the Base Flood Elevation (BFE) as any other nonresidential building. Under some circumstances, it may be appropriate to wet-floodproof certain types of agricultural structures when located in wide, expansive floodplains through issuance of a variance. This should only be done for structures used for temporary storage of equipment or crops or temporary shelter for livestock and only in circumstances where it can be demonstrated that agricultural structures can be designed in such a manner that results in minimal damage to the structure and its contents and will create no additional threats to public safety. New construction or substantial improvement of livestock confinement buildings, poultry houses, dairy operations, similar livestock operations and any structure that represents more than a minimal investment must meet the elevation or dry-floodproofing requirements of 44 CFR 60.3(c)(3).
AH ZONES Areas subject to inundation by 1% annual chance shallow flooding (usually areas of ponding) where average depths are between one and three feet. Base flood elevations (BFEs) derived from detailed hydraulic analyses are shown in this zone.
ALTERATION OF A WATERCOURSE A dam, impoundment, channel relocation, change in channel alignment, channelization, or change in cross-sectional area of the channel or the channel capacity, or any other form of modification which may alter, impede, retard or change the direction and/or velocity of the riverine flow of water during conditions of the base flood.
AO ZONES Areas subject to inundation by on 1% annual chance shallow flooding (usually sheet flow on sloping terrain) where average depths are between one and three feet.
AREA OF SHALLOW FLOODING A designated Zone AO, AH, AR/AO or AR/AH (or VO) on a community's Flood Insurance Rate Map (FIRM) with a 1% or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
ASCE 24 The standard for flood-resistant design and construction, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA. References to ASCE 24 shall mean ASCE 24-14 or the most recent version of ASCE 24 adopted in the UCC Code (N.J.A.C. 5:23).
ASCE 7 The standard for the minimum design loads for buildings and other structures, referenced by the building code and developed and published by the American Society of Civil Engineers, Reston, VA. which includes but is not limited to methodology and equations necessary for determining structural and flood-related design requirements and determining the design requirements for structures that may experience a combination of loads including those from natural hazards. Flood related equations include those for determining erosion, scour, lateral, vertical, hydrostatic, hydrodynamic, buoyancy, breaking wave, and debris impact.
BASE FLOOD ELEVATION (BFE) The water surface elevation resulting from a flood that has a 1% or greater chance of being equaled or exceeded in any given year, as shown on a published Flood Insurance Study (FIS), or preliminary flood elevation guidance from FEMA. May also be referred to as the "100-year flood elevation."
BASEMENT Any area of the building having its floor subgrade (below ground level) on all sides.
BEST AVAILABLE FLOOD HAZARD DATA The most recent available preliminary flood risk guidance FEMA has provided. The best available flood hazard data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.
BEST AVAILABLE FLOOD HAZARD DATA AREA The areal mapped extent associated with the most recent available preliminary flood risk guidance FEMA has provided. The best available flood hazard data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.
BEST AVAILABLE FLOOD HAZARD DATA ELEVATION The most recent available preliminary flood elevation guidance FEMA has provided. The best available flood hazard data may be depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM.
BREAKAWAY WALLS Any type of wall subject to flooding that is not required to provide structural support to a building or other structure and that is designed and constructed such that, below the local design flood elevation, it will collapse under specific lateral loads such that (1) it allows the free passage of floodwaters, and (2) it does not damage the structure or supporting foundation system. Certification in the V Zone Certificate of the design, plans, and specifications by a licensed design professional that these walls are in accordance with accepted standards of practice is required as part of the permit application for new and substantially improved V Zone and Coastal A Zone structures. A completed certification must be submitted at permit application.
BUILDING Per the FHACA, "Building" means a structure enclosed with exterior walls or fire walls, erected and framed of component structural parts, designed for the housing, shelter, enclosure, and support of individuals, animals, or property of any kind. A building may have a temporary or permanent foundation. A building that is intended for regular human occupation and/or residence is considered a habitable building.
CONDITIONAL LETTER OF MAP REVISION A Conditional Letter of Map Revision (CLOMR) is FEMA's comment on a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The letter does not revise an effective NFIP map, it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the Letter of Map Change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.
CONDITIONAL LETTER OF MAP REVISION - FILL A Conditional Letter Of Map Revision - Fill (CLOMR-F) is FEMA's comment on a proposed project involving the placement of fill outside of the regulatory floodway that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The letter does not revise an effective NFIP map; it indicates whether the project, if built as proposed, would be recognized by FEMA. FEMA charges a fee for processing a CLOMR to recover the costs associated with the review that is described in the Letter of Map Change (LOMC) process. Building permits cannot be issued based on a CLOMR, because a CLOMR does not change the NFIP map.
CRITICAL BUILDING Per the FHACA, "critical building" means that:
a. It is essential to maintaining continuity of vital government operations and/or supporting emergency response, sheltering, and medical care functions before, during, and after a flood, such as a hospital, medical clinic, police station, fire station, emergency response center, or public shelter; or
b. It serves large numbers of people who may be unable to leave the facility through their own efforts, thereby hindering or preventing safe evacuation of the building during a flood event, such as a school, college, dormitory, jail or detention facility, day-care center, assisted living facility, or nursing home.
DEVELOPMENT Any manmade change to improved or unimproved real estate, including, but not limited to, buildings or other structures, tanks, temporary structures, temporary or permanent storage of materials, mining, dredging, filling, grading, paving, excavations, drilling operations and other land-disturbing activities.
DRY FLOODPROOFING A combination of measures that results in a nonresidential structure, including the attendant utilities and equipment as described in the latest version of ASCE 24, being watertight with all elements substantially impermeable and with structural components having the capacity to resist flood loads.
ELEVATED BUILDING A building that has no basement and that has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns. Solid perimeter foundations walls are not an acceptable means of elevating buildings in V and VE Zones.
ELEVATION CERTIFICATE An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support an application for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).
ENCROACHMENT The placement of fill, excavation, buildings, permanent structures or other development into a flood hazard area which may impede or alter the flow capacity of riverine flood hazard areas.
FEMA PUBLICATIONS Any publication authored or referenced by FEMA related to building science, building safety, or floodplain management related to the National Flood Insurance Program. Publications shall include but are not limited to technical bulletins, desk references, and American Society of Civil Engineers Standards documents including ASCE 24.
FLOOD HAZARD AREA DESIGN FLOOD ELEVATION Per the FHACA, the peak water surface elevation that will occur in a water during the flood hazard area design flood. This elevation is determined via available flood mapping adopted by the state, flood mapping published by FEMA (including effective flood mapping dated on or after January 31, 1980, or any more recent advisory, preliminary, or pending flood mapping; whichever results in higher flood elevations, wider floodway limits, greater flow rates, or indicates a change from an A zone to a V zone or Coastal A zone), approximation, or calculation pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-3.1 through 3.6 and is typically higher than FEMA's base flood elevation. A water that has a drainage area measuring less than 50 acres does not possess, and is not assigned, a flood hazard area design flood elevation.
FLOOD INSURANCE RATE MAP (FIRM) The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY (FIS) The official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.
FLOOD or FLOODING a. A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters.
2. The unusual and rapid accumulation or runoff of surface waters from any source.
3. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in Subsection a2 of this definition and are akin to a river or liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.
b. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in Subsection a1 of this definition.
FLOODPLAIN MANAGEMENT REGULATIONS Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance, and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOODPROOFING Any combination of structural and nonstructural additions, changes, or adjustments to structures, which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
FLOODPROOFING CERTIFICATE Certification by a licensed design professional that the design and methods of construction for floodproofing a nonresidential structure are in accordance with accepted standards of practice to a proposed height above the structure's lowest adjacent grade that meets or exceeds the local design flood elevation. A completed floodproofing certificate is required at permit application.
FLOODWAY The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
FREEBOARD A factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.
FUNCTIONALLY DEPENDENT USE A use that cannot perform its intended purpose unless it is located or carried out in close proximity to water, including only docking facilities, port facilities necessary for the loading or unloading of cargo or passengers, and shipbuilding and ship repair facilities. The term does not include long-term storage or related manufacturing facilities.
HABITABLE BUILDING Pursuant to the FHACA Rules (N.J.A.C. 7:13), it means a building that is intended for regular human occupation and/or residence. Examples of a habitable building include a single-family home, duplex, multiresidence building, or critical building; a commercial building such as a retail store, restaurant, office building, or gymnasium; an accessory structure that is regularly occupied, such as a garage, barn, or workshop; mobile and manufactured homes, and trailers intended for human residence, which are set on a foundation and/or connected to utilities, such as in a mobile home park (not including campers and recreational vehicles); and any other building that is regularly occupied, such as a house of worship, community center, or meeting hall, or animal shelter that includes regular human access and occupation. Examples of a non-habitable building include a bus stop shelter, utility building, storage shed, self-storage unit, construction trailer; or, an individual shelter for animals such as a doghouse or outdoor kennel.
HARDSHIP As related to Section 107 of this §
22-114, meaning the exceptional hardship that would result from a failure to grant the requested variance. The Borough of North Plainfield requires that the variance be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.
HIGHEST ADJACENT GRADE The highest natural elevation of the ground surface prior to construction next to the proposed or existing walls of a structure.
HISTORIC STRUCTURE Any structure that is:
a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
b. Certified or preliminarily determined by the United States Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
c. Individually listed on a state inventory of historic places in states with historic reservation programs which have been approved by the Secretary of the Interior; or
d. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
1. By an approved state program as determined by the Secretary of the Interior; or
2. Directly by the United States Secretary of the Interior in states without approved programs.
LAWFULLY EXISTING Per the FHACA, means an existing fill, structure and/or use, which meets all federal, state, and local laws and which is not in violation of the FHACA because it was established:
a. Prior to January 31, 1980; or
b. On or after January 31, 1980, in accordance with the requirements of the FHACA as it existed at the time the fill, structure and/or use was established.
Note: Substantially damaged properties and substantially improved properties that have not been elevated are not considered "lawfully existing" for the purposes of the NFIP. This definition is included in this § 22-114 to clarify the applicability of any more stringent statewide floodplain management standards required under the FHACA. |
LETTER OF MAP AMENDMENT A Letter of Map Amendment (LOMA) is an official amendment, by letter, to an effective National Flood Insurance Program (NFIP) map that is requested through the Letter of Map Change (LOMC) process. A LOMA establishes a property's location in relation to the special flood hazard area (SFHA). LOMAs are usually issued because a property has been inadvertently mapped as being in the floodplain, but is actually on natural high ground above the base flood elevation. Because a LOMA officially amends the effective NFIP map, it is a public record that the community must maintain. Any LOMA should be noted on the community's master flood map and filed by panel number in an accessible location.
LETTER OF MAP CHANGE The Letter of Map Change (LOMC) process is a service provided by FEMA for a fee that allows the public to request a change in flood zone designation in an Area of Special Flood Hazard on a Flood Insurance Rate Map (FIRM). Conditional Letters of Map Revision, Conditional Letters of Map Revision - Fill, Letters of Map Revision, Letters of Map Revision - Fill, and Letters of Map Amendment are requested through the Letter of Map Change (LOMC) process.
LETTER OF MAP REVISION A Letter of Map Revision (LOMR) is FEMA's modification to an effective Flood Insurance Rate Map (FIRM). Letters of Map Revision are generally based on the implementation of physical measures that affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations (BFEs), or the special flood hazard area (SFHA). The LOMR officially revises the Flood Insurance Rate Map (FIRM) and sometimes the Flood Insurance Study (FIS) report and, when appropriate, includes a description of the modifications. The LOMR is generally accompanied by an annotated copy of the affected portions of the FIRM or FIS report. Because a LOMR officially revises the effective NFIP map, it is a public record that the community must maintain. Any LOMR should be noted on the community's master flood map and filed by panel number in an accessible location.
LETTER OF MAP REVISION - FILL A Letter of Map Revision Based on Fill (LOMR-F) is FEMA's modification of the special flood hazard area (SFHA) shown on the Flood Insurance Rate Map (FIRM) based on the placement of fill outside the existing regulatory floodway may be initiated through the Letter of Map Change (LOMC) Process. Because a LOMR-F officially revises the effective Flood Insurance Rate Map (FIRM) map, it is a public record that the community must maintain. Any LOMR-F should be noted on the community's master flood map and filed by panel number in an accessible location.
LICENSED DESIGN PROFESSIONAL Licensed design professional shall refer to either a New Jersey Licensed Professional Engineer, licensed by the New Jersey State Board of Professional Engineers and Land Surveyors or a New Jersey licensed architect, licensed by the New Jersey State Board of Architects.
LICENSED PROFESSIONAL ENGINEER (PE) A licensed professional engineer shall refer to individuals licensed by the New Jersey State Board of Professional Engineers and Land Surveyors.
LOCAL DESIGN FLOOD ELEVATION (LDFE) The elevation reflective of the most recent available preliminary flood elevation guidance FEMA has provided as depicted on but not limited to Advisory Flood Hazard Area Maps, Work Maps, or Preliminary FIS and FIRM which is also inclusive of freeboard specified by the New Jersey Flood Hazard Area Control Act and Uniform Construction Codes and any additional freeboard specified in a community's ordinance. In no circumstances shall a project's LDFE be lower than a permit-specified flood hazard area design flood elevation or a valid NJDEP Flood Hazard Area Verification Letter plus the freeboard as required in ASCE 24 and the effective FEMA Base Flood Elevation.
LOWEST ADJACENT GRADE The lowest point of ground, patio, or sidewalk slab immediately next a structure, except in AO Zones where it is the natural grade elevation.
LOWEST FLOOR In A Zones, the lowest floor is the top surface of the lowest floor of the lowest enclosed area (including basement). In V Zones and coastal A Zones, the bottom of the lowest horizontal structural member of a building is the lowest floor. An unfinished or flood-resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of other applicable non-elevation design requirements of these regulations.
MANUFACTURED HOME A structure that is transportable in one or more sections, eight feet or more in width and greater than 400 square feet, built on a permanent chassis, designed for use with or without a permanent foundation when attached to the required utilities, and constructed to the Federal Manufactured Home Construction and Safety Standards and rules and regulations promulgated by the United States Department of Housing and Urban Development. The term also includes mobile homes, park trailers, travel trailers and similar transportable structures that are placed on a site for 180 consecutive calendar days or longer.
MARKET VALUE The price at which a property will change hands between a willing buyer and a willing seller, neither party being under compulsion to buy or sell and both having reasonable knowledge of relevant facts. As used in these regulations, the term refers to the market value of buildings and structures, excluding the land and other improvements on the parcel. Market value shall be determined by one of the following methods: (1) actual cash value (replacement cost depreciated for age and quality of construction), (2) tax assessment value adjusted to approximate market value by a factor provided by the Property Appraiser; or (3) established by a qualified independent appraiser.
NEW CONSTRUCTION Structures for which the start of construction commenced on or after the effective date of the first floodplain regulation adopted by a community; includes any subsequent improvements to such structures. New construction includes work determined to be a substantial improvement.
NONRESIDENTIAL Pursuant to ASCE 24, any building or structure or portion thereof that is not classified as residential.
ORDINARY MAINTENANCE AND MINOR WORK This term refers to types of work excluded from construction permitting under N.J.A.C. 5:23 in the March 5, 2018, New Jersey Register. Some of these types of work must be considered in determinations of substantial improvement and substantial damage in regulated floodplains under 44 CFR 59.1. These types of work include but are not limited to replacements of roofing, siding, interior finishes, kitchen cabinets, plumbing fixtures and piping, HVAC and air conditioning equipment, exhaust fans, built in appliances, electrical wiring, etc. improvements necessary to correct existing violations of state or local health, sanitation, or code enforcement officials which are the minimum necessary to assure safe living conditions and improvements of historic structures as discussed in 44 CFR 59.1 shall not be included in the determination of ordinary maintenance and minor work.
RECREATIONAL VEHICLE A vehicle that is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled or permanently towable by a light-duty truck, and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect-type utilities and security devices and has no permanently attached additions.
RESIDENTIAL Pursuant to ASCE 24:
a. Buildings and structures and portions thereof where people live or that are used for sleeping purposes on a transient or nontransient basis;
b. Structures including but not limited to one- and two-family dwellings, townhouses, condominiums, multifamily dwellings, apartments, congregate residences, boarding houses, lodging houses, rooming houses, hotels, motels, apartment buildings, convents, monasteries, dormitories, fraternity houses, sorority houses, vacation time-share properties; and
c. Institutional facilities where people are cared for or live on a twenty-four-hour basis in a supervised environment, including but not limited to board and care facilities, assisted living facilities, halfway houses, group homes, congregate care facilities, social rehabilitation facilities, alcohol and drug centers, convalescent facilities, hospitals, nursing homes, mental hospitals, detoxification facilities, prisons, jails, reformatories, detention centers, correctional centers, and prerelease centers.
SOLID WASTE DISPOSAL "Solid Waste Disposal" shall mean the storage, treatment, utilization, processing or final disposition of solid waste as described in N.J.A.C. 7:26-1.6 or the storage of unsecured materials, as described in N.J.A.C. 7:13-2.3, for a period of greater than six months as specified in N.J.A.C. 7:26, which have been discharged, deposited, injected, dumped, spilled, leaked, or placed into any land or water such that such solid waste may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
SPECIAL FLOOD HAZARD AREA The greater of the following: (1) land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year, shown on the FIRM as Zone V, VE, V1-30, A, AO, A1-30, AE, A99 or AH; (2) land and the space above that land, which lies below the peak water surface elevation of the flood hazard area design flood for a particular water, as determined using the methods set forth in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13; and (3) riparian buffers as determined in the New Jersey Flood Hazard Area Control Act in N.J.A.C. 7:13. Also referred to as the "area of special flood hazard."
START OF CONSTRUCTION The start of construction is as follows:
a. For other than new construction or substantial improvements, under the Coastal Barrier Resources Act (CBRA), this is the date the building permit was issued, provided that the actual start of construction, repair, rehabilitation, addition, placement or other improvement was within 180 calendar days of the permit date. The actual start means either the first placement of permanent construction of a building on site, such as the pouring of a slab or footing, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a manufactured (mobile) home on a foundation. For a substantial improvement, actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
b. For the purposes of determining whether proposed construction must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and Base Flood Elevation's (BFEs) increase or zones change, the Start of Construction includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other improvement was within 180 calendar days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation.
Permanent construction does not include land preparation such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Such development must also be permitted and must meet new requirements when National Flood Insurance Program (NFIP) maps are issued or revised and Base Flood Elevation's (BFEs) increase or zones change. |
For a substantial improvement, the "actual start of construction" means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. |
For determining if new construction and substantial improvements within the Coastal Barrier Resources System (CBRS) can obtain flood insurance, a different definition applies. |
STRUCTURE A walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground.
SUBSTANTIAL DAMAGE Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT Any reconstruction, rehabilitation, addition, or other improvement including those considered ordinary maintenance and minor work of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include either:
a. Any project for improvement of a structure to correct existing violations of state or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or,
b. Any alteration of an "historic structure," provided that the alteration will not preclude the structure's continued designation as an "historic structure."
THIRTY-DAY PERIOD The period of time prescribed by N.J.S.A. 40:49-5 in which a property owner is afforded the opportunity to correct zoning and solid waste disposal after a notice of violation pertaining to this §
22-114 has been issued.
VARIANCE A grant of relief from the requirements of this section which permits construction in a manner otherwise prohibited by this section where specific enforcement would result in unnecessary hardship.
VIOLATION A development that is not fully compliant with these regulations or the flood provisions of the building code. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this §
22-114 is presumed to be in violation until such time as that documentation is provided.
WATER SURFACE ELEVATION The height, in relation to the North American Vertical Datum (NAVD) of 1988, (or other datum, where specified) of floods of various magnitudes and frequencies in the flood plains of coastal or riverine areas.
WATERCOURSE A river, creek, stream, channel, or other topographic feature in, on, through, or over which water flows at least periodically.
WET FLOODPROOFING Floodproofing method that relies on the use of flood-damage-resistant materials and construction techniques in areas of a structure that are below the local design flood elevation by intentionally allowing them to flood. The application of wet floodproofing as a flood protection technique under the National Flood Insurance Program (NFIP) is limited to enclosures below elevated residential and nonresidential structures and to accessory and agricultural structures that have been issued variances by the community.
[Added 9-13-2021 by Ord. No. 21-12]
a. General. Any subdivision proposal, including proposals for manufactured home parks and subdivisions, or other proposed new development in a flood hazard area shall be reviewed to assure that:
1. All such proposals are consistent with the need to minimize flood damage.
2. All public utilities and facilities, such as sewer, gas, electric and water systems are located and constructed to minimize or eliminate flood damage.
3. Adequate drainage is provided to reduce exposure to flood hazards. In Zones AH and AO, adequate drainage paths shall be provided to guide floodwater around and away from structures.
b. Subdivision Requirements. Where any portion of proposed subdivisions, including manufactured home parks and subdivisions, lies within a flood hazard area, the following shall be required:
1. The flood hazard area, including floodways, coastal high hazard areas, and Coastal A Zones, and base flood elevations, as appropriate, shall be delineated on tentative subdivision plats.
2. Residential building lots shall be provided with adequate buildable area outside the floodway.
3. The design criteria for utilities and facilities set forth in these regulations and appropriate codes shall be met.
[Added 9-13-2021 by Ord. No. 21-12]
a. Encroachment in Floodways. Development, land-disturbing activity, and encroachments in floodways shall not be authorized unless it has been demonstrated through hydrologic and hydraulic analyses required in accordance with §
22-114.6c1 of this §
22-114 that the proposed encroachment will not result in any increase in the base flood level during occurrence of the base flood discharge. If §
22-114.6c1 of this §
22-114 is satisfied, proposed elevation, addition, or reconstruction of a lawfully existing structure within a floodway shall also be in accordance with §
22-114.6b of this §
22-114 and the floodway requirements of N.J.A.C. 7:13.
b. Prohibited in Floodways. The following are prohibited activities:
1. The storage of unsecured materials is prohibited within a floodway pursuant to N.J.A.C. 7:13.
2. Fill and new structures are prohibited in floodways per N.J.A.C. 7:13.
c. Sewer Facilities. All new and replaced sanitary sewer facilities, private sewage treatment plants (including all pumping stations and collector systems) and on-site waste disposal systems shall be designed in accordance with the New Jersey septic system regulations contained in N.J.A.C. 14A and N.J.A.C. 7:9A, the UCC Plumbing Subcode (N.J.A.C. 5:23) and Chapter
7, ASCE 24, to minimize or eliminate infiltration of floodwater into the facilities and discharge from the facilities into flood waters, or impairment of the facilities and systems.
d. Water Facilities. All new and replacement water facilities shall be designed in accordance with the New Jersey Safe Drinking Water Act (N.J.A.C. 7:10) and the provisions of Chapter
7 ASCE 24, to minimize or eliminate infiltration of floodwater into the systems.
e. Storm Drainage. Storm drainage shall be designed to convey the flow of surface waters to minimize or eliminate damage to persons or property.
f. Streets and Sidewalks. Streets and sidewalks shall be designed to minimize potential for increasing or aggravating flood levels.
g. Limitations on Placement of Fill. Subject to the limitations of these regulations, fill shall be designed to be stable under conditions of flooding including rapid rise and rapid drawdown of floodwater, prolonged inundation, and protection against flood-related erosion and scour. In addition to these requirements, when intended to support buildings and structures (Zone A only), fill shall comply with the requirements of the UCC (N.J.A.C. 5:23). Proposed fill and encroachments in flood hazard areas shall comply with the flood storage displacement limitations of N.J.A.C. 7:13.
h. Hazardous Materials. The placement or storage of any containers holding hazardous substances in a flood hazard area is prohibited unless the provisions of N.J.A.C. 7:13, which cover the placement of hazardous substances and solid waste, is met.
[Added 9-13-2021 by Ord. No. 21-12]
a. General. All manufactured homes installed in flood hazard areas shall be installed pursuant to the Nationally Preemptive Manufactured Home Construction and Safety Standards Program (24 CFR 3280).
b. Elevation. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be elevated such that the bottom of the frame is elevated to or above the elevation specified in §
22-114.6b of this §
22-114.
c. Foundations. All new, relocated, and replacement manufactured homes, including substantial improvement of existing manufactured homes, shall be placed on permanent, reinforced foundations that are designed in accordance with Section R322 of the Residential Code.
d. Anchoring. All new, relocated, and replacement manufactured homes to be placed or substantially improved in a flood hazard area shall be installed using methods and practices which minimize flood damage and shall be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
e. Enclosures. Fully enclosed areas below elevated manufactured homes shall comply with the requirements of §
22-114.6b of this §
22-114.
f. Protection of Mechanical Equipment and Outside Appliances. Mechanical equipment and outside appliances shall be elevated to or above the elevation of the bottom of the frame required in §
22-114.6b of this §
22-114.
g. Exception. Where such equipment and appliances are designed and installed to prevent water from entering or accumulating within their components and the systems are constructed to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding up to the elevation required by §
22-114.6b of this §
22-114, the systems and equipment shall be permitted to be located below that elevation. Electrical wiring systems shall be permitted below the design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).
[Added 9-13-2021 by Ord. No. 21-12]
a. Placement Prohibited. The placement of recreational vehicles shall not be authorized in coastal high hazard areas and in floodways.
b. Temporary Placement. Recreational vehicles in flood hazard areas shall be fully licensed and ready for highway use and shall be placed on a site for less than 180 consecutive calendar days.
c. Permanent Placement. Recreational vehicles that are not fully licensed and ready for highway use, or that are to be placed on a site for more than 180 consecutive calendar days, shall meet the requirements of §
22-114.6b of this §
22-114 for habitable buildings.
[Added 9-13-2021 by Ord. No. 21-12]
Underground and aboveground tanks shall be designed, constructed, installed, and anchored in accordance with ASCE 24 and N.J.A.C. 7:13.
[Added 9-13-2021 by Ord. No. 21-12]
a. General Requirements for Other Development and Building Work. All development and building work, including man-made changes to improved or unimproved real estate for which specific provisions are not specified in these regulations or the Uniform Construction Code (N.J.A.C. 5:23), shall:
1. Be located and constructed to minimize flood damage;
2. Meet the limitations of §
22-114.6c1 of this §
22-114 when located in a regulated floodway;
3. Be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic and hydrodynamic loads, including the effects of buoyancy, during the conditions of flooding up to the local design flood elevation determined according to §
22-114.3b of this §
22-114;
4. Be constructed of flood-damage-resistant materials as described in ASCE 24 Chapter
5;
5. Have mechanical, plumbing, and electrical systems above the local design flood elevation determined according to §
22-114.3b of this §
22-114 or meet the requirements of ASCE 24 Chapter
7 which requires that attendant utilities are located above the local design flood elevation unless the attendant utilities and equipment are:
(a) Specifically allowed below the local design flood elevation; and
(b) Designed, constructed, and installed to prevent floodwaters, including any backflow through the system from entering or accumulating within the components;
6. Not exceed the flood storage displacement limitations in fluvial flood hazard areas in accordance with N.J.A.C. 7:13; and
7. Not exceed the impacts to frequency or depth of off-site flooding as required by N.J.A.C. 7:13 in floodways.
b. Requirements for Habitable Buildings and Structures.
1. Construction and Elevation in A Zones not including Coastal A Zones.
(a) No portion of a building is located within a V Zone.
(b) No portion of a building is located within a Coastal A Zone, unless a licensed design professional certifies that the building's foundation is designed in accordance with ASCE 24, Chapter
4.
(c) All new construction and substantial improvement of any habitable building (as defined in §
22-114.10 of this §
22-114) located in flood hazard areas shall have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in §
22-114.3b of this §
22-114, be in conformance with ASCE 24 Chapter
7, and be confirmed by an elevation certificate.
(d) All new construction and substantial improvements of nonresidential structures shall:
(1) Have the lowest floor, including basement, together with the attendant utilities (including all electrical, heating, ventilating, air-conditioning and other service equipment) and sanitary facilities, elevated to or above the local design flood elevation as determined in §
22-114.3b of this §
22-114, be in conformance with ASCE 24 Chapter
7, and be confirmed by an elevation certificate; or
(2) Together with the attendant utility and sanitary facilities, be designed so that below the local design flood elevation, the structure:
(i) Meets the requirements of ASCE 24 Chapters
2 and
7; and
(ii) Is constructed according to the design plans and specifications provided at permit application and signed by a licensed design professional, is certified by that individual in a floodproofing certificate, and is confirmed by an elevation certificate.
(e) All new construction and substantial improvements with fully enclosed areas below the lowest floor shall be used solely for parking of vehicles, building access, or storage in an area other than a basement and which are subject to flooding. Enclosures shall:
(1) For habitable structures, be situated at or above the adjoining exterior grade along at least one entire exterior wall, in order to provide positive drainage of the enclosed area in accordance with N.J.A.C. 7:13; enclosures (including crawlspaces and basements) which are below grade on all sides are prohibited;
(2) Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters unless the structure is nonresidential and the requirements of § 22-114.6b1(d)(2) of this §
22-114 are met;
(3) Be constructed to meet the requirements of ASCE 24 Chapter
2;
(4) Have openings documented on an elevation certificate; and
(5) Have documentation that a deed restriction has been obtained for the lot if the enclosure is greater than six feet in height. This deed restriction shall be recorded in the Office of the County Clerk or the Registrar of Deeds and Mortgages in which the building is located, shall conform to the requirements in N.J.A.C. 7:13, and shall be recorded within 90 calendar days of receiving a Flood Hazard Area Control Act permit or prior to the start of any site disturbance (including pre-construction earth movement, removal of vegetation and structures, or construction of the project), whichever is sooner. Deed restrictions must explain and disclose that:
(i) The enclosure is likely to be inundated by floodwaters which may result in damage and/or inconvenience.
(ii) The depth of flooding that the enclosure would experience to the flood hazard area design flood elevation;
(iii) The deed restriction prohibits habitation of the enclosure and explains that converting the enclosure into a habitable area may subject the property owner to enforcement.
c. Garages and Accessory Storage Structures. Garages and accessory storage structures shall be designed and constructed in accordance with the Uniform Construction Code.
d. Fences. Fences in floodways that have the potential to block the passage of floodwater, such as stockade fences and wire mesh fences, shall meet the requirements of §
22-114.6c1 of this §
22-114. Pursuant to N.J.A.C. 7:13, any fence located in a floodway shall have sufficiently large openings so as not to catch debris during a flood and thereby obstruct floodwaters, such as barbed-wire, split-rail, or strand fence. A fence with little or no open area, such as a chain link, lattice, or picket fence, does not meet this requirement. Foundations for fences greater than six feet in height must conform with the Uniform Construction Code. Fences for pool enclosures having openings not in conformance with this section but in conformance with the Uniform Construction Code to limit climbing require a variance as described in §
22-114.8 of this §
22-114.
e. Retaining Walls, Sidewalks, and Driveways. Retaining walls, sidewalks and driveways that involve placement of fill in floodways shall meet the requirements of §
22-114.6c1 of this §
22-114 and N.J.A.C. 7:13.
f. Swimming Pools. Swimming pools shall be designed and constructed in accordance with the Uniform Construction Code. Aboveground swimming pools and belowground swimming pools that involve placement of fill in floodways shall also meet the requirements of §
22-114.6c1 of this §
22-114. Aboveground swimming pools are prohibited in floodways by N.J.A.C. 7:13.
g. Roads and Watercourse Crossings.
1. For any railroad, roadway, or parking area proposed in a flood hazard area, the travel surface shall be constructed at least one foot above the Flood Hazard Area Design Elevation in accordance with N.J.A.C. 7:13.
2. Roads and watercourse crossings that encroach into regulated floodways or riverine waterways with base flood elevations where floodways have not been designated, including roads, bridges, culverts, low-water crossings and similar means for vehicles or pedestrians to travel from one side of a watercourse to the other side, shall meet the requirements of §
22-114.6c1 of this §
22-114.
[Added 9-13-2021 by Ord. No. 21-12]
a. Temporary Structures. Temporary structures shall be erected for a period of less than 180 calendar days. Temporary structures shall be anchored to prevent flotation, collapse or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the base flood. Fully enclosed temporary structures shall have flood openings that are in accordance with ASCE 24 to allow for the automatic entry and exit of floodwaters.
b. Temporary Storage. Temporary storage includes storage of goods and materials for a period of less than 180 calendar days. Stored materials shall not include hazardous materials.
c. Floodway Encroachment. Temporary structures and temporary storage in floodways shall meet the requirements of §
22-114.6c1 of this §
22-114.
[Added 9-13-2021 by Ord. No. 21-12]
In accordance with Section 312 of the International Building Code, Utility and Miscellaneous Group U includes buildings and structures that are accessory in character and miscellaneous structures not classified in any specific occupancy in the Building Code, including, but not limited to, agricultural buildings, aircraft hangars [accessory to a one- or two-family residence], barns, carports, communication equipment structures (gross floor area less than 1,500 square feet), fences more than six feet (1,829 mm) high, grain silos (accessory to a residential occupancy), livestock shelters, private garages, retaining walls, sheds, stables, tanks and towers.
a. Flood Loads. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be anchored to prevent flotation, collapse or lateral movement resulting from flood loads, including the effects of buoyancy, during conditions up to the local design flood elevation as determined in § 22-14.3b of this §
22-114.
b. Elevation. Utility and miscellaneous Group U buildings and structures, including substantial improvement of such buildings and structures, shall be elevated such that the lowest floor, including basement, is elevated to or above the local design flood elevation as determined in §
22-114.3b of this §
22-114 and in accordance with ASCE 24. Utility lines shall be designed and elevated in accordance with N.J.A.C. 7:13.
c. Enclosures Below Base Flood Elevation. Fully enclosed areas below the design flood elevation shall be constructed in accordance with §
22-114.6b of this §
22-114 and with ASCE 24 for new construction and substantial improvements. Existing enclosures such as a basement or crawlspace having a floor that is below grade along all adjoining exterior walls shall be abandoned, filled-in, and/or otherwise modified to conform with the requirements of N.J.A.C. 7:13 when the project has been determined to be a substantial improvement by the Floodplain Administrator.
d. Flood-Damage-Resistant Materials. Flood-damage-resistant materials shall be used below the local design flood elevation determined in §
22-114.3b of this §
22-114.
e. Protection of Mechanical, Plumbing, and Electrical Systems. Mechanical, plumbing, and electrical systems, equipment and components, heating, ventilation, air conditioning, plumbing fixtures, duct systems, and other service equipment, shall be elevated to or above the local design flood elevation as determined in §
22-114.3b of this §
22-114.
Exception: Electrical systems, equipment and components, and heating, ventilating, air conditioning, and plumbing appliances, plumbing fixtures, duct systems, and other service equipment shall be permitted to be located below the local design flood elevation provided that they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of flooding to the local design flood elevation in compliance with the flood-resistant construction requirements of ASCE 24. Electrical wiring systems shall be permitted to be located below the local design flood elevation provided they conform to the provisions of NFPA 70 (National Electric Code).
[Added 9-13-2021 by Ord. No. 21-12]
Where any section, subsection, sentence, clause, or phrase of this §
22-114 is, for any reason, declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this §
22-114 as a whole, or any part thereof, other than the part so declared.
[Ord. #679, S 9-1601]
Unless otherwise stated in this chapter, the provisions of this section shall be applicable to all zones.
[Ord. #679, S 9-1602]
No land or premises may be used and no building or structure may be erected, raised, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted herein, in the zone so located, and all construction shall be in conformity with the regulations provided for the zone in which the building or premises is located. The control and regulation of the nature and extent of the uses of the land.
[Ord. #679, S 9-1603]
No accessory structure may be built on any lot on which there is no principal building or structure. Unless otherwise regulated in this chapter, accessory structures shall meet the following conditions;
a. Accessory Structures in Residential Zones.
1. Accessory structures shall not exceed 16 feet in height.
2. Accessory structures shall meet the front and side yard requirements of the principal building.
3. Accessory structures erected in the rear yard shall be at least four feet from a side or rear property line.
4. Accessory structures excluding storage sheds less than 700 cubic feet in volume and 100 square feet in area and above-ground pools shall be at least 20 feet from a principal building and at least 10 feet from another accessory structure.
5. Accessory structures shall not occupy more than 30% of the rear yard area.
6. No accessory structures shall be used as a dwelling.
b. Accessory Structures in All Other Zones. For the purposes of this chapter, accessory structures in all other zones shall meet the height and yard requirements for principal buildings. No such accessory building shall be located closer to another building than the height of the shorter building.
[Ord. #679, S 9-1604]
a. No building or structure or part thereof shall be erected, constructed, reconstructed, structurally altered or moved until a building permit has been procured from the Construction Official. All applications for building permits shall be filed in accordance with the Building Code of the Borough.
b. No building permit shall be issued for the erection, construction, reconstruction, structural alteration or moving of any building or structure or part thereof, unless the plans and intended use indicate that such building or structure is designed and intended to conform in all respects to the provisions of this chapter.
c. If any action was taken by the Planning Board or Board of Adjustment on a particular property within a three year period prior to a request for a construction permit, the Construction Official shall notify the Board upon the issuance of a permit, including a copy of the permit.
[Ord. #679, S 9-1605]
No land shall be used and no new structures shall be occupied or used in whole or part for any use, nor shall the use of any land or structure be changed from an existing to a new use until a Certificate of Occupancy is issued by the Construction Official stating that the structure and the occupancy and use of the land and the structure, if any, conform with the provisions of this chapter. In addition, a Certificate of Occupancy shall be obtained prior to the occupancy of any existing nonresidential land or building or part thereof by a new owner or tenant, even if there is no change in the use of the land or building or part thereof. Such Certificates of Occupancy shall be granted or denied within 15 days from the date written application therefor has been received by the Construction Official. Unless a certificate is granted within such period, it shall be deemed to be denied. If any action was taken by the Planning Board or Board of Adjustment on a particular property within a three year period prior to a request for a Certificate of Occupancy, the Construction Official shall notify the Board upon the issuance of a Certificate of Occupancy, including a copy thereof.
[Ord. #679, S 9-1606]
Prohibited, except as provided elsewhere.
[Ord. #679, S 9-1607]
Commercial vehicles may not be kept, parked or stored in residential zones except that one such vehicle may be garaged on such premises provided it is kept in a fully enclosed garage; it does not exceed a rated capacity of three quarter (3/4) ton and it is used by a resident of the premises; and it is not parked on the street, the driveway or any exposed portion of the lot.
[Ord. #679, S 1608]
Unless otherwise provided in this chapter where a lot is bounded by more than one street, the yard depth or setback from each street shall not be less than the required front yard on each street.
[Ord. #679, S 9-1609]
No permit shall be granted for a building or use if the design or construction of same is likely to involve exceptional risk of traffic congestion, public safety or hazard nor shall a permit be issued for a building or use if the design or construction of same is so markedly incongruous with the character of the neighborhood as to materially affect the value of adjacent property.
[Ord. #679, S 9-1610; Ord. #679 M-86-12]
No disabled, unregistered or uninspected motor vehicle shall be stored in any zone unless the same is kept within a garage.
[Ord. #679, S 9-1611]
a. The fire limits of the Borough are hereby established to include all sections of the Borough within all Business Zones.
b. That as and when any Business Zone shall hereafter be extended by the adoption of any amendment to this chapter so as to include premises not already within the fire limits of the Borough, such premises shall by the very fact of being included in such extended or new zone become and be included within the fire limits of the Borough.
[Ord. #679, S 9-1612]
Any lot or plot as recorded at the time of passage of this chapter that fails to comply with the minimum lot area requirements of this chapter may be used for any use not otherwise prohibited in such district in which it laid; provided the lot is in single ownership as defined in this chapter and further provided that all yard requirements are complied with; provided, however, that where the average lot width is less than its zone district requirements, it shall not be less than 50 feet.
[Ord. #679, S 9-1613]
Provision may be made for private garages to accommodate not more than three motor vehicles on any lot containing a single-family or two-family residence.
[Ord. #679, S 9-1614]
The height provisions of this chapter shall not apply to the erection of building appurtenances such as church spires, belfries, towers or flagpoles designed exclusively for ornamental purposes. The height provisions of this chapter shall, moreover, not apply to chimneys, flues, bulkheads, elevator enclosures, water tanks or similar accessory structures occupying an aggregate of 10% or less of the area of the roof on which they are located and further provided that such structures do not exceed the height limit by more than 10 feet. Nothing in this chapter shall prevent the erection above the height limitation of a parapet wall or cornice extending above such height limit not more than three feet.
[Ord. #679, S 9-1615]
a. The use of searchlights, flares, balloons or other aerial objects, or noisemakers of any type, for the advertisement or promotion of a business; or the conduct of performances or demonstrations upon the exterior grounds of a business property is prohibited.
b. The use of loudspeakers or sound amplifying devices of any type on a business property is prohibited, except where such loudspeaker or device is inside a fully enclosed building and not audible beyond the outside walls of the building.
c. No person shall operate or cause to be operated on private property any source of sound in such a manner as to create a sound level which exceeds the following limits set forth for the receiving land use category when measured at or within the property boundary of the receiving land use:
1. Receiving land use Zone, R-1 through R-5 between 7:00 a.m. and 10:00 p.m. and B-1 through B-6 anytime maximum sound level limit of 65 dBA.
2. Receiving land use Zone R-1 through R-5 between 10:00 p.m. and 7:00 a.m. maximum sound level limit of 50 dBA.
d. Sound level measurements shall be measured in accordance with the applicable State Statute.
e. 1. Lighting to be designed and/or shielded to prevent beam encroachment or glare onto dwellings in any Residential Zone R-1 through R-5; or onto roadways, creating a hazardous condition to motorists.
2. Care is to be taken to minimize beam encroachment or glare onto dwellings in business zones.
[Ord. #679, S 9-1616]
None of the uses permitted in any zone shall produce any objectionable smoke, fumes, gases, dust odors or other form of air pollution, fire or explosion hazard, vibration, noise or other objectionable condition so as to adversely affect adjacent property. All uses and operations shall be conducted within the limitations of all applicable State and local codes and regulations.
[Ord. #679, S 9-1617]
a. No airports, motels, auto courts, truck terminals, truckers' bunk houses, trailer camps, tourist cabins, open-air drive-in theaters, commercial swimming pools or any type of unenclosed commercial amusement, parking or storage in open areas of transient motor transport gondolas or trucks, tank trucks, or cars in process of wrecking or junking shall be permitted within the Borough; except, however, that motels may be permitted in the B-3 and B-4 Business Zones when authorized in accordance with the procedures and standards elsewhere in this chapter provided.
b. No trailer, trailer coach, motor home, recreational vehicle, or mobile home shall be occupied as a dwelling within the Borough.
c. No truck or trailer shall be used upon business premises or upon any street adjoining business premises for the storage, or display of merchandise, or for the conduct of any business, or for any promotional activity in connection with any business.
[Ord. #679, S 9-1618; Ord. #92-11, S 2]
a. No regulated use shall be located within 1,000 feet of a school, hospital, church, library, nursing home, public building, funeral parlor, other regulated use or residentially zoned property (whether utilized or not for residential purposes). All such distances shall be measured along a straight line from the nearest point on the boundary of the lot on which the regulated use is proposed to the nearest point on the boundary of the lot on which the school, hospital, church, library, nursing home, public building, funeral parlor, other regulated use or residentially zoned property is located.
b. Every regulated use shall comply with all standards contained in this chapter for the general use group in which the proposed regulated use would be classified.
c. When any existing building is converted from any other use to a regulated use, or from one regulated use to another regulated use, a full and complete site plan application and review shall be required, regardless of pre-existing use, and the municipal body conducting the site plan review shall have no authority to waive any application or review requirements.
[Ord. #679, S 9-1619]
Outdoor storage or display of any article or material as an accessory use to any commercial operation is permitted in the B-4 and B-5 Business Zones only, subject to the following regulations:
a. The outdoor storage of any article or material, other than merchandise for sale on the premises, shall be limited to the side and rear yards and shall be screened by fencing, planting or both as approved by the approving authority in accordance with site plan review. The height of the fence shall be equal to or greater than the height of the material stored, but not greater than six feet and the height of the material to be stored shall not exceed six feet. The storage shall be located at least 10 feet from a property line. Material so stored shall be kept in an orderly manner at all times and such material shall not include any discarded or abandoned articles.
b. The outdoor storage of merchandise for sale on the premises is permitted in the front, side and rear yards provided the same is located at least 25 feet from a street right-of-way line and 10 feet from a property line. The area devoted to such storage shall be approved by the approving authority in accordance with site plan review, and shall be screened along any side or rear line adjoining a residential zone. The height of material so stored shall not exceed six feet except for individual articles which have a height of more than six feet. No article or material shall be stored in any required parking area or so located as to interfere with vehicular or pedestrian traffic movement or safety. In addition, no article, or material shall be stored or displayed on a sidewalk.
c. The outdoor storage of live plants being displayed for sale on the premises may be located within 10 feet of a street right-of-way line and up to a property line provided the height of such material does not exceed three feet within 25 feet of the street right-of-way or within 10 feet of a property line.
d. Excepting the outdoor storage of live plants, not more than 50% of any yard shall be devoted to outdoor storage or display.
[Ord. #679, S 9-1620]
Only one principal building may be erected on a lot forming one principal use, except the following:
a. Public or institutional building complexes.
b. Office building complexes.
d. Apartment and Townhouse developments.
Unless otherwise regulated in this chapter, no principal building shall be located closer to another building on the same lot than the height of one of the buildings, but in no event less than 25 feet.
[Ord. #679, S 9-1621]
No lot shall contain more than one principal building or structure except as set forth in Subsection
22-115.20.
[Ord. #679, S 9-1622]
No part of any building nor any structure attached to a building shall project into any required yard or setback area except as follows:
a. No part of a building shall extend into the side yards as herein required except:
2. Leaders, window sills, belt courses, and similar features projecting not more than six inches;
3. Ornamental features not extending to the foundation walls, bay windows, balconies, chimneys, in any case projecting not more than two feet;
4. Eaves projecting not more than three feet.
5. Window air conditioning units not more than 18 inches and outside air conditioning condenser units on the ground not more than three feet.
b. No part of a building shall extend into the front or rear yards as herein required except:
1. Those features permitted to extend into side yards, and, then only to the extent permitted in paragraph a above;
2. Open porches one story in height, or open porticos not more than two stories in height, in either case projecting not more than five feet.
c. Open metal fire escapes may extend into a required side or rear yard by not more than four feet.
d. Under no circumstances shall any of the foregoing projections extend closer to a property line than 1/2 the required setback distance.
[Ord. #679, S 9-1623; Ord. #679-G]
No lot, yard, parking area or other spaces shall be so reduced in area or dimension as to make the area or dimension less than the minimum required under this chapter. If already less than the minimum required under this chapter, the area or dimension shall not be further reduced.
a. Roomers or Boarders. Roomers or boarders shall not be a permitted use except in one-family dwellings.
[Ord. #679, S 9-1624]
When a new lot or lots are formed from a parcel of land, or where two or more lots are combined into a single parcel of land, the separation or combination must be effected in such a manner as not to impair any of the provisions of this section.
[Ord. #679, S 9-1625]
Whenever in connection with an application for a permit to erect or alter a building or buildings on a specified lot or adjoining lots in conformity with the requirements of this chapter, an application is also made by the same applicant for a permit to erect an accessory building or structure on the same lot, to be used temporarily for uses incidental to the construction or sale of the main building or buildings, which accessory uses are nonconforming uses in the district, the Construction Official shall have authority to issue a temporary permit for a specified period not exceeding one year, for the incidental uses specified therein. Such uses may include storage of building supplies and machinery, mixing or assembling of building materials and supplies, a construction office, and a real estate office used solely for the purpose of selling all or any part of the property. Such temporary permits may be renewed for periods not to exceed six months; provided, however, that any such permit shall expire three months after completion of construction. In no event shall the period authorized by any such permit and the extensions thereof exceed one year.
[Ord. #679, S 9-1626]
On a corner lot, a fence, wall or planting over 30 inches in height above the curb or edge of the roadway which would obstruct vision for the purpose of traffic safety shall not be erected or maintained within a triangle formed by the point of intersection of the right-of-way lines of the intersecting streets and points on each of the intersecting right-of-way lines 25 feet from the point of intersection.
[Ord. #679, S 9-1627]
Every lot must provide front, rear and side yards as required for its zone. All front yards must face a public street or private street, approved by the Planning Board or Borough Council. On streets less than 50 feet in width, the required front yard shall be increased by 1/2 the difference between the width of the street and 50 feet. If a width greater than 50 feet is shown on an adopted Master Plan or Official Map, the required front yard shall be increased by 1/2 the difference between the width of the street and the greater width.
[Ord. #679, S 9-1628; Ord. #06-16]
To preserve the integrity of residential neighborhoods and eliminate objectionable influences from adjacent business zones, all site plan applications for properties located in any business zone which abuts a residential zone shall meet the following requirements:
a. A buffer area shall be located along any common boundary between a business zone district and a residential zone district. The buffer area shall be equal in width to 10% of the lot depth; provided, however, it shall not be required to be greater than 25 feet in width. The use of native vegetation is encouraged to be the first choice as a method of screening prior to any other material or methods. Buffer areas are allowed to be used by stormwater management by disconnecting impervious surfaces and treating runoff from these impervious surfaces.
b. The buffer area shall consist of living plant matter, fencing, solid walls, earth berms or similar materials. The buffer shall be designed to eliminate the transmission of undesirable influences across the boundary line between Business Zone districts and Residential Zone districts and shall be subject to review and approval of the appropriate Borough Agency.
c. The appropriate Borough Agency shall consider noise, litter, visual matter, light, heat, odor and any other relevant items in its review of the application, in addition to the practicality of maintenance and upkeep of the buffer proposed.
[Ord. #679, S l; Ord. #679K-85-29, S l]
Tattoo parlors, establishments or businesses engaging in the operation wherein a tattoo is removed from or affixed upon the surface of the human body are hereby prohibited within any zone in the Borough.
[Ord. #679 M-86-12]
No outdoor storage of solid waste or garbage containers shall be permitted, other than on properties used for one or two family dwellings, unless such containers are fenced and screened from view on all sides and secured from ground entry by a gate or door.
[Ord. #98-09, S 1]
a. Definitions.
HYPODERMIC SYRINGES DISTRIBUTION FACILITIES Shall mean and be defined as established by State and/or Federal law/regulations (also known as a "needle exchange program") for the purpose of providing clean hypodermic syringes to eligible persons.
METHADONE MAINTENANCE CLINICS Shall mean a private business which provides outpatient methadone maintenance services to eligible persons, which are licensed by the New Jersey State Department Health and Senior Services as an ambulatory care facility/outpatient drug program. Said clinic(s) must also meet applicable Federal and State requirements.
b. No methadone maintenance clinics/hypodermic syringes distribution facilities shall be located within 1,000 feet of a school, hospital, church, library, nursing home, public building, other regulated use or residentially zoned property (whether utilized or not for residential purposes).
c. Every methadone maintenance clinic/hypodermic syringes distribution facility shall comply with all standards contained in the Borough Code for land use development/ standards in any zone within the Borough.
d. When an existing building is converted from any other use to either a methadone maintenance clinic or a hypodermic syringes distribution facility, or from a regulated use to either a methadone maintenance clinic or a hypodermic syringes distribution facility, a full and complete site plan application and review shall be required, regardless of pre-existing use and the municipal body conducting the site plan review shall have no authority to waive any application or review requirements.
[Ord. #01-11, S 3]
All front yards must face on a mapped right-of-way 50 feet in width, improved in accordance with municipal standards, for at least 50 feet along the right-of-way line, except in the case of cul-de-sac or dead-end turnarounds, in which case the lot must face on said right-of-way for at least 40feet. No building or use will be permitted on a lot unless that lot has frontage on a right-of-way that has been improved in accordance with minimum municipal standards or on a street for which improvements satisfactory to the Municipal Engineer have been guaranteed either by cash or bond.
[Added 7-12-2021 by Ord. No. 21-05]
The following commercial recreational adult use cannabis operations are hereby permitted in the following zones:
a. Class 1 Cannabis Cultivator license, for facilities involved in growing and cultivating cannabis, shall be permitted in the B-3, B-4 and B-5 Zones only.
b. Class 2 Cannabis Manufacturer license, for facilities involved in the manufacturing, preparation, and packaging of cannabis items, shall be permitted in the B-3, B-4 and B-5 Zones only.
c. Class 3 Cannabis Wholesaler license, for facilities involved in obtaining and selling cannabis items for later resale by other licensees, shall be permitted in the B-3, B-4 and B-5 Zones only.
d. Class 4 Cannabis Distributor license, for businesses involved in transporting cannabis plants in bulk from one licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another, shall be permitted in the B-3, B-4 and B-5 Zones only.
e. Class 5 Cannabis Retailer License shall be permitted only as follows:
1. In the B-3 Zone only from Watchung Avenue to Norwood Drive North;
2. In the R-5 Residence Zone; provided, however, that such cannabis retailers shall only be permitted in the R-5 Zone located on designated commercial properties directly fronting on and having direct access to and from U.S. Route 22 West; and
f. Class 6 Cannabis Delivery license is a prohibited use in all zones.
Any lawful nonconforming use which existed on the date of adoption of this chapter may be continued and any existing structure designed, arranged, intended or devoted to a nonconforming use may be structurally altered subject to the following regulations:
a. A nonconforming use shall not be enlarged unless the use is changed to a conforming use, provided, however, that where a building meets the use requirements of this section and is nonconforming because of height, area and/or yard regulations the use may be enlarged providing the height, area or yard regulations are not further violated.
b. A nonconforming use changed to a conforming use shall not thereafter be changed back to a nonconforming use.
c. A nonconforming use in existence at the time of adoption of this chapter shall not be permitted to be changed to another nonconforming use.
d. In the event that there is a cessation of operation of any nonconforming use for a period of 12 consecutive calendar months, the same shall be prima facie evidence of an abandonment of the use. Any subsequent exercise of such abandoned nonconforming use shall be deemed a violation of the terms of this chapter.
[Ord. #679, S 9-1702]
Nothing in this section shall require any change in plans, construction or designated use of a structure for which a building permit has been issued when construction has been diligently prosecuted within six months following the date of such permit, and completed within the term of such permit.
[Ord. #679, S 9-1703]
Any lawful nonconforming use or structure existing at the time of adoption of this chapter may be continued upon the lot or in the building so occupied and any structure may be restored or repaired in the event of partial destruction thereof.
[Ord. #679, S 9-1704]
Nothing in this section shall be interpreted as implied authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of adoption of this chapter.
[Ord. #679, S 9-1705]
The foregoing provisions of this section shall also apply to structures, land or uses which hereafter become nonconforming due to any reclassification of zones under this section, or any subsequent change in the regulations of this section.
[Ord. #679, S 9-1801; amended 12-14-2020 by Ord. No. 20-14]
Off-street parking shall only be an accessory use in conjunction with any allowable primary use. No vehicle shall be parked on the front yard, as defined in §
22-3, of any premises located in a residential district except as provided in this section.
[Ord. #679, S 9-1802; Ord. #679-M-86-12, SG; amended 12-14-2020 by Ord. No. 20-14]
Provision shall be made for at least two off-street parking spaces for each dwelling unit in any residential use plus one off-street parking space for each roomer and boarder. For each dwelling unit in any single-family or two-family residence hereafter erected, at least one of the off-street parking spaces shall be in an enclosed garage. Existing residences not meeting enclosed garage requirements at the time of adoption of this chapter are excepted from the requirement for enclosed garage parking, but shall follow all front yard parking requirements and driveway parking requirements herein and in §
22-117.4. For all other new buildings and uses there shall be provided the number of parking spaces as set forth in the following schedule:
a. In the "B" Business Zone, no off-street parking shall be required for buildings with a gross area of all floors of 5,000 square feet or less. For buildings in that zone in excess of 5,000 square feet, one parking space shall be required for each 200 square feet in excess of 5,000 square feet.
b. All nonresidential uses, except those in the "B" Business Zone, shall provide off-street parking in accordance with the following schedule:
1. Barber and beauty shops - two spaces per chair plus one additional space for each employee.
2. Corporate or business office - one space for each 250 square feet of gross floor area.
3. Professional office, other than a health care office - one space for each 250 square feet of gross floor area.
4. Retail or wholesale store - one space for each 250 square feet of gross floor area.
5. Restaurant - one space for each three seats devoted to services.
6. Theater or auditorium - one space for each three seats.
7. Nursing home or hospital - one space for every two beds.
8. Bowling alley - five spaces for each alley.
9. Community center or assembly hall (without fixed seats) - three spaces for each 200 square feet of gross floor area.
10. Laundromats - one space for every two washing machines.
11. Motels and hotels - one space for each rental living unit in addition to one space for each two employees.
12. Health care office - one space for each 200 square feet of gross floor area.
13. Warehouse - one space for each 400 square feet of gross floor area.
14. Mixed use - Each use shall be measured separately with the total parking required to equal the sum of the individual requirements.
15. Unlisted uses - one space for each 200 square feet of gross floor area unless waived by the Planning Board.
c. All nonresidential uses, except those in the "B" Business Zone, shall provide off-street parking in accordance with the requirements for driveway and parking facilities as set forth in §
22-117.4d through
g.
d. The person/entity responsible for the enforcement of this section shall be the Code Enforcement Officer of the Borough of North Plainfield.
[Ord. #679, S 9-1803]
For any building or premises used for commercial or industrial purposes, indoor or outdoor space for loading and unloading of goods and materials shall be provided on the premises whenever the aggregate floor area used for such purposes is 4,000 square feet or more, in accordance with the following schedule:
a. 4,000 to 20,000 square feet, one space;
b. 20,000 to 40,000 square feet, two spaces;
c. Over 40,000 square feet, three spaces.
[Ord. #679, S 9-1804; Ord. #06-16; amended 12-14-2020 by Ord. No. 20-14]
a. Off-street parking facilities shall be located on the same lot with the principal building.
b. Off-street parking facilities shall be graded, paved-, or gravel-surfaced, drained, lighted and maintained by the owners, and such facilities shall be arranged for convenient access and safety of pedestrians and vehicles. In the interest of safety, such facilities shall have adequate means of access to and egress from a street.
c. Only driveway areas may be used for the required parking spaces.
d. Driveways shall be no narrower than eight feet in width nor wider than 18 feet or 30% of lot frontage in width, whichever is less, except for driveways fronting a two-car or more garage for a length of one car length or 20 feet in front of the garage door.
e. No more than 30% of a front yard as defined in §
22-3 may be used for parking and/or driveway facilities.
f. Driveways and/or parking areas shall be located along a property line of the the principal use so as to provide direct access to the garage, side yard or rear yard, but in no case shall be located closer than two feet to an existing property line.
g. Driveways and/or parking areas must be delineated by pavement or edging of a permanent nature and shall be paved or gravel surfaced, shall be of the same material throughout its length and width, and shall not use any lawn or landscaped area of a front yard in any case.
h. Circular driveways, consisting of two entrances/exits along a single property line, are specifically prohibited on any lot or principal use which has less than 100 feet of frontage on a side or secondary street. Circular driveway entrances/exits shall be limited to side or secondary street frontage only.
i. When a driveway is installed, relocated or repaved, all sidewalks which are disturbed must be replaced with concrete or bluestone slabs to match adjacent undisturbed sidewalk areas; provided, however, that any gravel sidewalk crossing the driveway must be replaced with a concrete sidewalk.
j. When a driveway is installed, relocated or repaved, all aprons in good condition may be replaced with concrete or bluestone slabs to match adjacent undisturbed sidewalk areas; provided, however, that any gravel apron must be replaced with a concrete apron.
k. Existing residences, properties and principal use premises which had approved driveway and/or parking areas not meeting the requirements of §
22-117.2 at the time of adoption of this chapter are excepted from the requirements of Subsections
d,
e and
f of this section, but shall not use any portion of a front yard or side yard except as previously approved.
l. The person/entity responsible for the enforcement of this section shall be the Code Enforcement Officer of the Borough of North Plainfield or their designee. A zoning and/or building permit is required for any installation or alteration of a driveway if the installation or alteration of the driveway is not part of development or construction of other parts of the premises, such as reconstructing a garage or primary structure.
[Ord. #679, S 9-1805; Ord. #06-16]
All off-street parking and loading areas, other than off-street parking for one and two-family residences, shall meet the following requirements:
a. All parking and loading areas shall be graded and equipped with adequate drainage facilities as approved by the Borough Engineer.
b. All parking and loading spaces shall be appropriately marked with painted lines.
c. Any lighting in connection with off-street parking shall be so arranged and shielded as to reflect the light downward away from adjoining streets or properties.
d. All parking areas shall provide for adequate ingress and egress and safe and convenient traffic circulation. Access drives and aisles shall be of sufficient width to permit safe access to parking spaces and safe traffic movement.
e. The off-street parking area shall be effectively screened on any side which adjoins or faces premises situated in any residential zones, by a fence or wall not less than four feet nor more than six feet in height, maintained in good condition.
f. Except as hereinafter provided, off-street parking as necessary to any use shall be provided on the same lot with the use.
g. Off-street parking areas shall be used solely for the parking of passenger automobiles and no commercial repair work or service of any kind shall be conducted on the parking lot nor shall such lots be used for the parking of disabled, dismantled, inoperable or unregistered vehicles.
h. No signs other than "entrance," "exit," or "conditions of use," signs shall be maintained.
i. Parking areas and access drives shall be enclosed by concrete or Belgian block curbing and shall be constructed with a concrete or a bituminous concrete surface and, unless otherwise required by this chapter, shall be located five feet from any property line or structural wall of a building; except that in the B, B-1, and B-2 Zone, parking areas may be constructed up to any property line which abuts a parking area on property in a Business Zone, and further provided proper access between the two parking areas is provided. Upon recommendation of the Borough Engineer, the approving authority may waive the curbing and pavement requirement to facilitate proper drainage and storm water management design.
j. All parking areas shall be designed with service aisles to meet the following standards:
Parallel Parking | 12-foot aisle width |
30° angle parking | 12-foot aisle width |
45° angle parking | 13-foot aisle width |
60° angle parking | 18-foot aisle width |
90° angle parking | 24-foot aisle width |
In addition, there shall be a minimum distance between parallel parking spaces of six feet when found necessary to provide for convenient access.
k. All portions of the property not used for off-street parking shall be attractively landscaped with grass lawns, trees and shrubs as approved by the Approving Authority.
l. All parking spaces, excepting those provided for handicapped persons shall be nine feet wide, measured perpendicularly to their length, and 18feet long.
m. Access drives shall be a minimum width of 12 feet for one-way traffic flow and 24feet for two-way traffic flow. Additional width may be required by the Approving Authority. No parking shall be allowed in any access drive or parking aisle.
n. The utilization of curb cuts or flush curbs with curb stops is encouraged to allow vegetated swales to be used for stormwater conveyance. All vegetated swales shall be designed according to the design criteria as defined in the latest edition of the New Jersey Department of Environmental Protection Best Management Practices Manual. Where vegetated swales cannot be used, landscaping islands in parking lot areas are encouraged.
[Ord. #679, S 9, 1806]
Any owner or group of owners of a business building or buildings in the B, B-1 and B-2 Business Zones may jointly sponsor off-street parking facilities, provided that the area of the parking facilities equals the total parking area requirements of each owner participating therein, that such jointly sponsored facilities comply with all the other requirements of this chapter and further provided that any participating use is no farther from the parking area than 300 feet.
[Ord. #679, S 9-1807]
In all instances where parking lots are provided for public use, designated parking spaces for handicapped persons shall be required.
a. The required number of spaces shall be in accordance with the following schedule:
Total Parking in Lot | Number of Spaces |
---|
Three to 50 | One |
51 to 100 | Two |
Over 200 | One and one-half(1-1/2%) percent of total spaces in lot |
b. Designated parking spaces for handicapped persons shall be as close as possible to the route of travel to the accessible principal entrance or entrances to the building and shall be identified with clearly visible sign mounted off the ground and displaying the international Symbol of Access and containing appropriate wording e.g., "Disabled Drivers Only."
c. Parking spaces for individuals with physical handicaps shall be 12 feet wide with an unobstructed, near-level, paved surface that is suitable for wheeling and walking.
d. Where applicable, curb ramps shall be provided to permit handicapped people access from parking area to sidewalk.
e. There is hereby adopted and incorporated by reference by the Borough any mandatory provisions of Statute which are inconsistent with any of the provisions of this chapter as amended.
[Ord. #679, S 9-1901]
The purpose of this section is to set forth a complete and comprehensive scheme of orderly procedure for obtaining from the Planning Board, permission for conditional uses of lands and premises in accordance with N.J.S.A. 40: 55D-67. No such permission shall be granted in a zone unless specifically permitted in the zone.
[Ord. #679, S 9-1902]
Application for permission for any conditional use shall be made to the Planning Board by filing an application with the Secretary of the Board. Such application shall set forth and be accompanied by the following:
a. A site plan drawn in accordance with Article
VI which site plan shall, in addition, show the location, type or kind of structure and present use of all buildings within 200 feet of the boundary lines of the lot.
b. Where the applicant is a person other than the owner of the lot, the written consent of such owner or owners authorizing the filing of the application.
[Ord. #679, S 9-1903]
If after considering the evidence submitted at such hearing, the location and physical characteristics of the premises, building or structure and potential traffic or other hazards to the public, if any, existing conditions and surroundings, the Planning Board shall find that such proposed use will not be detrimental to the health, safety and general welfare of the community and is reasonably necessary for the convenience of the community, it shall grant the application, and shall make and enter its order directing the Zoning Officer to issue a permit in accordance with the application.
[Ord. #679, S 9-1904; Ord. No. 2018-06]
Anything in this chapter to the contrary notwithstanding, the Planning Board shall not order, permit, direct or authorize use unless the site plan shows that the requirements for the conditional use as set forth below have been met.
a. Combined Convenience Store and Fuel Dispensing Facility.
1. Minimum Lot Area: 10,000 square feet.
2. Minimum Lot Width: 100 feet.
3. Minimum Setbacks:
(a) Front yard: 25 feet, except that the minimum front setback for a canopy above a fueling area shall be 10 feet.
(b) Side yard: 10 feet, except when adjacent to a residential use or zone, the setback shall be increased to 20 feet.
(c) Rear yard: 15 feet, except when adjacent to a residential use or zone, the setback shall be increased to 25 feet.
(d) Pump islands: 20 feet, except when adjacent to a residential use or zone, the setback shall be increased to 30 feet.
(e) Underground storage tanks: 10 feet, except when adjacent to a residential use or zone, the setback shall be increased to 20 feet.
4. A five-foot-deep landscaped area shall be provided between curb cuts and along all property lines, and shall be increased to 10 feet adjacent to a residential zone or use. A six-foot-high unpierced fence shall be installed along any residential zone boundary. All unpaved areas shall be landscaped with grass lawns, trees and shrubs or other vegetation.
5. Maximum Height of Building or Canopy: 25 feet.
6. Portable signs shall be prohibited.
7. Repairing and servicing of vehicles shall be prohibited.
8. A maximum of two driveways may be permitted, except for a corner lot one additional driveway may be permitted on the side street.
9. There shall be no outdoor storage of supplies, materials, or automobile parts, whether for sale, storage or waste.
10. Motor vehicle fueling stations shall only be permitted on properties with frontage on a State Highway or County Road.
[Ord. No. 2018-06]
b. Motels.
1. Accessory uses may be permitted on the same lot as the motel, and may include a swimming pool, a restaurant for guests of the permitted use, and permanent living quarters for one family.
2. Each rental unit shall include a sleeping room, a bathroom with sink, toilet, tub and shower and shall have adjacent to the bathroom a dressing area. The entire rental unit shall have a minimum floor area of not less than 245 square feet. The combined floor area of the bathroom and dressing area shall not be less than 95 square feet which the area is included as part of required area of the entire rental unit. Each rental unit shall have individually controlled heat and air conditioning from a central chiller and heating system. No cooking facilities shall be allowed or provided in any rental unit.
3. There shall be provided not less than 12 automobile parking spaces on the same lot, for each 10 sleeping units and no parking space shall be provided within 10 feet of any building or structure used for housing accommodations unless the wall adjacent to such parking space is constructed of fireproof materials and unless the windows in such wall are equipped with reinforced fire resistant glass.
4. No motel shall be constructed on a lot having less than 100,000 square feet of area or less than 400 feet of highway frontage upon Highway Route #22.
5. Sewerage disposal facilities shall be connected to the municipal sanitary sewer.
6. No motel shall be located within 1,400 feet of another motel on the same side of the street, and the distance shall be measured in a straight line from the nearest boundary of the lot of one motel to the nearest boundary of the lot of the other motel.
7. All buildings and structures shall comply with all provisions of the zone in which they are located, except where the same are modified by the standards contained in this section.
8. Signs advertising or identifying the business conducted on the premises shall not exceed two in number and shall not extend in height greater than 27 feet from the ground level and shall not be nearer than 25 feet of the nearest street line. Signs may be discreetly lighted so as to be readable at night. No flashing lights or signs shall be permitted. Additional small signs not exceeding four square feet each in area and not exceeding two feet in height above the ground level, for the purpose of direction within the grounds may be permitted.
9. No premises shall be used for the accommodation of a house or commercial trailer, and no tractor, or commercial motor vehicle or trailer of more than 3/4 ton manufacturer's rated capacity shall be permitted to park or stand upon the premises except while engaged in delivery of property to or removal of property from the premises or during construction, repair or maintenance of the premises. This shall not exclude passenger buses while the passengers are occupying rental units.
10. All buildings and structures shall comply with the provisions of all other ordinances and codes of this Borough, and any other governmental agency having jurisdiction.
11. Where a swimming pool is permitted in connection with and incidental to the use of the premises as a motel, it shall be considered as a structure and the plans therefor submitted and approved in the same manner as any other structure on the premises. The pool shall comply with all ordinances, codes, and regulations of the Borough, and any other governmental agency having jurisdiction. It shall be so located as to impose the least possible impact upon adjoining residences, and shall be discreetly lighted. The use of the same shall be limited to bonafide overnight guests of the motel and employees of the motel. No pool shall be in use between the hours of 11:00 p.m. and 7:00 a.m.
12. The Planning Board shall determine that the planning of the lot, and the structures and facilities to be erected and installed thereon is best suited to the area. The Board may require buffers of foliage or fencing where reasonably required to protect surrounding properties from lights or noises that may be generated upon the property.
13. All exterior lighting shall be limited to such lights as are reasonably required for the operation of the premises and the safety of persons and vehicles thereon, and all lights shall be of such type and so shielded as not to shine upon adjoining properties or streets.
14. No motel shall be approved containing less than 50 sleeping units.
15. The standards contained herein are minimum standards and the Planning Board may impose such conditions as are reasonably required to assure that the general purpose and intent of this chapter are complied with.
[Ord. #08-09]
The use, erection, relocation and alteration of signs shall be required to obtain a sign permit pursuant to the provisions of this section, as outlined below, unless exempted herein, and shall comply with the following regulations. The provisions of this section shall also govern the construction, placement, materials, illumination, maintenance and any and all other covered issues related to signs within the Borough.
[Ord. #08-09]
a. General Prohibitions. All signs which are not specifically permitted by this section shall be prohibited. In additions, and without limiting the generality of this section, the following are specifically prohibited:
1. The placement of signs on trees, rocks, street lamps, fire alarm boxes and similar structures. No sign shall be placed on any utility pole, street lamp or fire alarm box except for utility identification or similar purposes.
2. Attraction devices or signs which contain a beacon of any type and/or contain a spot light providing direct illumination to the public are prohibited.
3. Attraction devices or signs which flash, blink or fluctuate in light intensity shall be prohibited.
4. Attraction devices or signs which revolve, rotate, or otherwise move.
5. Signs constituting a traffic hazard. No sign or other advertising structure shall be erected or continue to be displayed at the intersection of any street in such a manner as to obstruct free and clear vision or at any location where, by reason of the position, shape or color, it may obstruct any authorized traffic sign, signal or device. No sign shall make use of the words "stop," "look," "drive-in," "danger" or any other word if such use would interfere with, mislead or confuse the traveling public.
6. No sign shall be erected, painted, affixed, located or maintained on any taxicab, except the word "taxi" and except to designate the name, address, telephone number and a serial number of such taxicab.
7. Any sign which advertises a product, including trademarks and brand names, or which advertises a service, business or identity, which is not present and available at the site.
9. Off-site signs, except as specifically permitted by this section or other applicable law.
10. Illuminated window, door, or architectural trim or accents, including but not limited to such structures made of neon or fluorescent tubing.
b. Unsafe and Unlawful Signs. If the Construction Official, Electrical Subcode Official or Zoning Officer shall find that any sign or other advertising structure regulated herein is unsafe or insecure, is a menace to the public, is abandoned and/or maintained in dilapidated condition, or has been constructed and/or erected and/or is being maintained in violation of the terms of the permit granted for said sign or any applicable code or ordinance, the Construction Official, Electrical Subcode Official or Zoning Officer, as applicable, shall issue a notice to the permittee or property owner demanding that the sign be altered or removed so as to eliminate the offending condition. If the permittee or property owner fails to remove or alter the sign or advertising structure within a reasonable time period as specified in such notice, not to exceed 30 calendar days, such sign or other advertising structure may be removed or altered to comply with all applicable requirements. If in the opinion of such official, such sign presents an imminent danger or risk to the public health, safety or welfare, such official may remove or alter the sign so as to eliminate such danger or risk. Such signs or other advertising structures are hereby declared to be a public nuisance. When any sign is removed summarily without notice, the owner or lessee thereof shall have the right to a post-seizure hearing before the Borough Council of the Borough of North Plainfield to determine whether there was probable cause to remove the sign.
c. Removal of Signs for Change or Termination of Use. In the event a business ceases operation for a period of time in excess of 60 calendar days, the sign owner or lessee, or the property owner, shall immediately remove any sign identifying or advertising the former business or any product sold thereby.
1. Upon failure of the sign owner or lessee, or property owner, to comply with this section, the Zoning Officer shall issue a written notice to the sign owner and any lessee and to the property owner, which notice shall state that such sign shall be removed within 30 calendar days.
2. If the sign owner or lessee, or property owner, fails to comply with such written notice to remove, the Zoning Officer is hereby authorized to cause removal of such sign and any expense incidental to such removal shall be charged to the owner of the property upon which the sign is located and shall constitute a lien upon the property.
3. For the purpose of this section, the word "remove" shall mean: (a) removal of the sign face, along with the posts, columns and/or other supporting structures of freestanding signs, projecting signs, roof signs, or wall signs; or, (b) painting over a painted wall in such a manner as to completely cover up and hide the sign in question.
4. Any such discontinuance of use of the premises as outlined above and failure to respond to such notice issued by the Zoning Officer will constitute abandonment of said sign which then may not be reused without obtaining approval from the appropriate Borough officials.
d. Nonconforming Signs. Nonconforming signs shall comply with the provisions of paragraph c., as outlined above.
e. Placing Signs on Public Property. No signs, other than signs placed by agencies of the government, shall be erected on any public property; provided, identification and informational signs may be erected upon Borough street name signposts or upon traffic signposts, under the following conditions:
1. The signs direct the reader to the location of public facilities attended primarily by out-of-town patrons, to a facility operated by a nonprofit entity and attended primarily by out-of-town patrons, to a facility relating to the public health safety or welfare, or to scenic or historic buildings or trails.
2. The entire cost of the sign is borne by the entity requesting the sign.
3. The signs do not constitute a traffic hazard.
f. Restrictions Along Controlled Access Highways. No off-site sign shall be permitted within 50 feet of the right-of-way of any controlled access highway.
g. Materials and Design.
1. All signs shall be designed according to the best accepted engineering practice in effect at the time of design. If attached to a building, the loads shall be distributed to the structure so that no members thereof shall be over-stressed. No sign may obscure or require the removal of building elements such as cornices, lintels, columns, etc., that define and separate parts of the building or decorative elements.
2. All supports and brackets for signs suspended from or supported upon a building shall be constructed of metal not less than 1/4 inch thick if not galvanized, and not less than 3/16 of an inch thick if all members including bolts and rivets are galvanized.
3. All such signs shall be securely attached to the building by means of metal anchors, bolts or expansion screws; provided, that signs exceeding 50 pounds in weight shall be secured at both top and bottom with metal shelf anchors.
4. No signs, illustrations or symbols shall be placed so as to interfere with the opening of an existing door of any building to obstruct any window opening of a room in a dwelling, to interfere with the use of any fire escape or to create a hazard to pedestrians.
h. Sign Illumination.
1. Any sign may be illuminated by a stationary light source which may be located inside or outside of the sign.
2. All light sources shall be directed only at the sign.
3. All light sources shall be clear or white and shielded from direct view, except that ionized inert gas signs, window signs and seasonal decorations may use colored illumination.
4. Light sources shall not be permitted to pass through awnings and canopies so as to illuminate same from behind; provided, however, that if such awnings or canopies are permitted to contain signs, only the letters of same shall be permitted to be illuminated from light sources located behind and shining through the awning or canopy.
i. Maintenance. All signs shall be maintained in a neat and clean condition. No rust, faded paint, peeling or decay of any form shall be permitted. All freestanding signs and the premises surrounding the name shall be maintained by the owner thereof, in a clean, sanitary, and inoffensive conditions, and free and clear of all obnoxious substance, rubbish and weeds. Any sign not maintained in accordance with conditions outlined above, shall be issued a notice by the Zoning Officer providing for enforced maintenance within 60 calendar days of notice. If notice is not responded to, a summons shall be issued for court imposed maintenance.
[Ord. #08-09; Ord. #08-18; Ord. #08-28]
The following provisions shall apply to the sign types indicated, which provisions shall supersede the provisions for signs in each zone district otherwise applicable to such signs.
a. Professional Nameplates. Professional nameplates attached to the wall of buildings and not exceeding three square feet of display surface area shall be permitted as an accessory structure for all permitted professional uses. Such signs shall be permitted in addition to any other wall signs permitted in the applicable zone district; provided that professional nameplates which exceed three square feet in area shall be construed as a wall sign and be subject to the regulations for wall signs in the particular zone district.
b. Memorial Signs. Memorial signs or tablets, names of buildings and signs indicating the date of the original building construction are permitted in all zone districts. Such signs shall be cut into a masonry surface or constructed of bronze or other noncombustible materials and shall not exceed three square feet in display surface area. Such signs shall be permitted in addition to any other wall signs permitted in the zone district.
c. Directional, Identification and Information Signs. Directional, identification and information signs shall be permitted as accessory structures for nonresidential uses and multifamily residential uses in all zone districts where such uses are permitted, subject to the following provisions:
1. Such signs shall be limited to wall signs and freestanding signs.
2. Such signs shall not have a display surface area that exceeds four square feet and shall be limited in height to 42 inches above normal grade.
3. One directional sign shall be permitted at each entrance or exit on a lot or parcel to identify said entrance or exit.
4. The limitations on the number of freestanding or wall sips in each of the zone districts shall not apply to such signs.
d. Area identification Signs. Area identification signs shall be permitted as accessory structures to any development with multiple user spaces, such as an apartment building or shopping center, or used to identify an area containing multiple buildings which are used or developed in a unified manner such as a residential subdivision, apartment complex, industrial park, mobile home park, or office park or shopping center, subject to the following regulations:
1. The size and location of the fence, wall or other structure, which will contain the area identification sign, must be approved by the Building Inspector, who will approve or disapprove such sign upon the criterion of traffic safety sight lines.
2. The maximum display surface area of area identification signs shall not exceed 32 square feet.
3. No more than one area identification sign shall be permitted for each street frontage of the subject property.
4. The height of area identification signs shall not exceed the height permitted for other freestanding signs in the applicable zone district.
e. Portable Swinger "A " Frame Signs. Portable swinger "A" frame, sandwich, attraction sign board signs described in this section shall be permitted as a necessary structure to retail sales businesses in the B-Zone districts only, subject to the following:
1. The total display surface area shall not exceed six square feet per side.
2. The sign shall be used temporarily or daily, but shall not be used as a permanent sign for more than 60 calendar days in any one calendar year.
3. The sign shall not contain any elements which are prohibited by this chapter.
4. Only one such sign shall be permitted per business.
f. Wall Signs. In addition to the regulations applicable to wall signs in each of the zone districts, the following shall apply:
1. Wall signs may not obscure or require the removal of building elements such as cornices, lintels, columns, etc., that define and separate parts of the building or decorative elements.
2. Wall signs may not extend above the eaves or bottom of the building roof or above the top of any parapet wall of the building.
3. Wall signs may not project more than eight inches from the wall upon which they are mounted.
g. Signs on Awnings and Canopies. Signs on an awning or canopy are permitted in any nonresidential zone districts as an accessory structure to nonresidential uses only. If the sign or any such awning or canopy is located on the vertical fringe and is no more than three inches in height, such sign shall be permitted in addition to any other wall signs permitted in the zone district; otherwise, the sign shall be regulated the same as wall signs in the zone district.
h. Window Signs. Window signs are permitted in the B-1, B-2, B-3, B-4, B-5 and B-6 Zone districts as an accessory structure to nonresidential uses, subject to the following requirements. The intent of these requirements is to regulate signs located inside a building that could reasonably be construed as serving the same or equivalent function to signs located outside the building.
1. Window signs, both permanent and temporary, in the aggregate shall not cover more than 30% of the total area of the various display windows and entry doors on the same facade of the building within which such signs are displayed nor more than 35% of the area of any single display window or door.
2. If a permanent window sign is not more than three inches in height, such sign shall be permitted in addition to any other wall signs permitted in the zone district; otherwise, the sign shall be regulated the same as wall signs in the specific zone district in question.
3. Temporary window signs shall have the date that the sign is installed in the lower left corner, written legibly and shall be removed promptly upon termination of the sale or event. In no case shall such signs be displayed for any period of time exceeding 60 calendar days in any one calendar year.
4. Building Construction Signs. One on-site building construction sign on each construction site in any zoning district is permitted, provided that the maximum display surface shall not exceed eight square feet in the R-1, R-2, R-3, G, SC and PO-R Zone district, and shall not exceed 32 square feet in any other zoning district. All such on-site building construction signs shall be removed within five calendar days of completion of the construction.
i. Real Estate Signs. One per lot in any zone district. There may also be erected on (1) nonilluminated real estate sign subject to the following:
1. Such signs shall be limited to wall signs and freestanding signs.
2. No sign dimension shall exceed three feet.
3. No more than one dimension shall exceed two feet.
4. The display surface area shall not exceed six square feet.
j. Election Campaign Signs. Election campaign signs are permitted to be placed on private property in any district in the Borough. It shall be the responsibility of the owner of the property where the sign is placed to remove said sign.
k. Special Event Signs. Special event signs, when used in conjunction with public and private events, are permitted as follows, provided that banners bearing advertising matter shall be considered facade or freestanding signs, depending upon mounting and shall meet all regulations pertaining hereto.
1. Public event signs shall be removed within 72 hours following the event to which the sign applies.
2. Special event signs placed on private property for advertising a special event shall not be displayed for more than 14 continuous calendar days or for more than 14 calendar days in any calendar month or such signs shall be considered to be a permanent facade sign and shall be subject to the regulations applicable to the same.
3. Decorative event signs containing no advertising content may be displayed, but shall be changed at least annually.
l. Freestanding Bulletin Boards. Freestanding bulletin boards are permitted as an accessory structure to charitable uses, State-certified schools providing formal education for grades K-12 and religious or public uses. Such signs shall be erected upon the same property as said institutions are located and shall be subject to the following regulations:
1. Freestanding bulletin boards having a display surface area less than or equal to 10 square feet shall be set back a minimum of 15 feet from the street right-of-way.
2. Freestanding bulletin boards having a display surface area in excess of 10 square feet shall be set back 15 feet from the street right-of- way, plus an additional one foot for each two square feet of display surface area in excess of 10 square feet.
3. The display surface area of freestanding bulletin boards shall not exceed 32 square feet.
4. There shall be no more than one freestanding bulletin board for each lot, or for each development, whichever is less.
m. Garage/Yard Sales. Signs for garage/yard sales anywhere in the Borough shall be governed by the provisions of subsection
4-11.6 of the Borough Code.
[Ord. #08-09]
In addition to any signs permitted in these districts by the provisions of this section, one freestanding sign is permitted, provided that single-family and two-family residential development shall be limited to the signs permitted by the following:
a. The display surface area shall not exceed 15 square feet.
b. The sign shall be set back at least 10 feet from any property line.
c. The sign height shall not exceed 42 inches above the ground.
[Ord. #08-09]
In addition to any signs generally permitted in this district, the following signs are also specifically permitted in this district:
a. One freestanding sign or one wall sign for each lot or each development, whichever is less in square footage.
b. Freestanding signs shall comply with the following;
1. The display surface area shall not exceed 12 square feet; provided, however, that signs advertising more than one business shall be permitted to have a total display surface area not exceeding 15 square feet.
2. The sign shall be set back at least 10 feet from any property line.
3. The sign height shall not exceed 42 inches above the ground.
c. Facade signs shall comply with the following:
1. The display surface shall not exceed one square foot for each linear foot of wall length upon which the sign is attached, up to a maximum display surface area of 150 square feet.
2. Only one dimension of the sign, horizontal or vertical, shall exceed two feet.
[Ord. #08-09; Ord. No. 2014-05]
In addition to any signs generally permitted in these districts, the following signs are permitted:
a. Freestanding signs, wall signs, signs on awnings or canopies, window signs, portable signs, area identification signs and joint identification signs are permitted as regulated herein.
b. Freestanding signs shall comply with the following:
1. One on-site or off-site freestanding sign shall be permitted on a lot, at a shopping center or at a mall, except as provided herein.
2. Freestanding signs located on any property which are located in any of the above districts shall be governed as follows:
(a) No freestanding sign shall be permitted on any lot that has a street frontage of less than 100 feet.
(b) The display surface area shall not exceed 130 square feet.
(c) No part of any freestanding sign shall be located nearer to the street right-of-way than a straight line which connects the following two points:
(1) For properties with frontage on Route 22, the point of intersection of the front lot line and a point on the easterly side lot line located 20 feet measured perpendicular from the front line.
(2) For properties with frontage on Route 22, (i) the point of intersection of the front line and the southerly side lot line; and, (ii) a point on the northerly side lot line located 20 feet measured perpendicular from the front line.
For purposes of administering the above subsection the directions "northerly," "southerly," etc., shall be construed to be the general direction by vehicles traveling on the highway. For corner lots, the "front lot lines" as used above shall be construed to be that front lot line along Route 22, as applicable, and one "side lot line" as used above shall be construed to be the front lot line along the intersecting street.
(d) For a corner lot, no part of any freestanding sign shall be located nearer than 15 feet to the street right-of-way of any street other than Route 22.
(e) Freestanding signs shall be set back at least 10 feet from any side or rear property line.
(f) Freestanding signs shall be set back at least 40 feet from any residential zone district boundary line.
(g) Freestanding signs shall not exceed 30 feet in height above the ground.
3. Freestanding signs for new or used automobile sales operations located on any property which fronts upon Route 22 and are located in any of the above districts shall be governed as follows:
(a) No freestanding sign shall be permitted on any lot that has a street frontage of less than 100 feet.
(b) Notwithstanding the limitation above, no more than a total of two freestanding signs shall be permitted for any new or used automobile sale operation. Such signs may be for the same or for different makes of automobiles; provided, that if two signs are provided for the same make of automobile, the second sign shall only be permitted if it advertises a different aspect of the automobile sales use, such as, but not limited to, used automobile sales, automobile leasing and/or service. Notwithstanding the provisions of this paragraph, no second sign shall be permitted unless the lot upon which the sign is located has at least 200 feet of street frontage and the spacing requirement set forth in paragraph 3(d) below is complied with.
(c) The display surface area of freestanding signs shall not exceed 130 square feet for each sign; provided that in the case of a second sign for the same make of an automobile, the display surface area of said sign shall not exceed 65 square feet.
(d) Freestanding signs shall be located no nearer than 100 feet to any other freestanding sign located on the same lot.
(e) All of the provisions of Sections
22-119.6 (b)(2) (c),(d), (e),(f) and (g) above shall be fully complied with.
4. Freestanding joint identification signs located on any property which fronts upon Route 22 and located in any of the above districts shall be allowed as follows;
(a) The display surface area shall not exceed 130 square feet for signs with up to two occupants, businesses or other users identified on the sign plus 30 square feet for each additional (i.e., beyond the first two occupant, business or other user identified on the sign, provided that no freestanding joint identification sign shall have a display surface area that exceeds 300 square feet.
(b) All of the provisions of Subsection
22-119.6b2(c),(d), (e), (f) and (g) above shall be fully complied with.
(c) Freestanding joint identification signs shall be considered the same as any other freestanding sign for purposes of determining the number of freestanding signs permitted herein.
5. All other freestanding signs;
(a) No freestanding sign shall be permitted on any lot that has a street frontage of less than 50 feet.
(b) The display surface area of freestanding signs shall not exceed 12 square feet; provided, however, that signs advertising more than one business shall be permitted to have a total display surface area not exceeding 15 square feet.
(c) Freestanding signs shall not exceed eight feet in height above the ground.
(d) Freestanding signs shall be set back at least 15 feet from the street right-of-way.
(e) A business in the Business Zone District shall be permitted to place one freestanding banner which specifically advertises the name of the business and the type of business being conducted at the location. Said sign shall not be in the public right-of-way nor shall said sign block the line of sight/vision for any vehicular traffic. The banner shall not exceed 15 feet in height above the ground nor shall the display area of the entire freestanding banner sign exceed 15 square feet. No banner shall be placed on the specific business' property which is in contravention of this section or has been placed on said property without an approved sign permit from the Zoning Office, which permit fee shall be $80. No business can place a freestanding banner on any property within the Borough other than the specific property where the business is located.
c. Wall signs shall comply with the following:
1. Each business is permitted with one on-site wall sign for each entrance open to the public, provided that only one wall sign per business is permitted on a wall and further provided that no more than four wall signs per business shall be permitted on a building. Nothing herein shall be construed to permit a wall sign for a business on any wall which does not contain an entrance open to the public during business hours; provided, however, that buildings contain a wall sign on a facade containing such an entrance open to the public. Wall signs may be attached flat against the wall, on an awning or canopy, or may be projecting signs. Any facade sign(s) permitted are in addition to any other permitted signs.
2. The display surface area shall not exceed one square foot for each linear foot of wall length upon which the sign is attached, up to a maximum display surface area on 150 square feet; provided, however, that the area of wall signs permitted on a facade not having a public entrance by paragraph c1 above shall not be limited to the area permitted by this paragraph, or to the area permitted for a wall sign on the smallest facade having such an entrance, whichever is less.
3. Except in the B-5 and B-6 Zone districts, only one dimension wall sign, either vertical or horizontal, shall be permitted to exceed two feet.
[Ord. #08-09]
All signs within the designated Historic District shall conform to the guidelines established herein.
[Ord. #08-09]
a. Maximum Penalty. For violation of any provision of this chapter, or any other ordinance of the Borough of North Plainfield, unless a specific penalty is otherwise provided in connection with the provision violated, the maximum penalty upon conviction of the violation shall be one or more of the following: a fine not exceeding $1,000, or imprisonment in the County Jail for a period not exceeding 90 days, or a period of community service not exceeding 90 days, for each and every offense, at the discretion of the Municipal Court Judge.
b. Separate Violations. Except as otherwise provided, each and every day in which a violation of any provision of this Code or any other ordinance of the Borough exists shall constitute a separate violation.
c. Application. The maximum penalty stated in the general penalty clause of this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or a particular violation.
d. Minimum Penalty. The minimum penalty for a violation of any particular provision of this chapter shall consist of a fine of not less than $100.
[Ord. #679, S 9-2101; Ord. #679-M-86-12]
The provisions of this chapter shall be enforced by the Zoning Officer of the Borough and it shall be the duty of the Chief of the Department of Police and the Chief of the Department of Fire Prevention and Protection, or such members of the respective departments as may be designated by them, and the Health Officer, to cooperate with the Zoning Officer in the enforcement of this chapter, and to report to the Zoning Officer any violations which may come to their attention.
[Ord. #679, S 9-2102; New]
Any owner or owners of any building, structure, premises or part thereof, or any tenant or lessee of any building, structure, premises or part thereof, or any agent, architect, builder, contractor or any other person who shall violate any of the provisions of this chapter or take part in or assist in the violation of any order or regulation made under the provisions of this chapter, or who shall build, do any work, or change any use in violation of the provisions of the Chapter or of any certificate or permit issued thereunder, shall severally, for each and every such violation or noncompliance, respectively, not otherwise provided for, be subject to the General Penalty established in Section
1-5 of this Code. Should the property owner or any tenant or lessee, or any agent, architect, building contractor, or other person violating any of the provisions of this chapter after notice of such violation continue such violation, each 24 hours that the same shall be continued shall be construed to constitute a separate and distinct violation for which the person adjudged guilty shall forfeit and pay a fine in addition to the one herein provided, not in excess of $200 for each 24 hours, the violation is permitted to continue.
[Ord. #679, S 9-2201]
The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof.
[Ord. #679, S 9-2202]
All prior Zoning, Official Map, Subdivision and Site Plan Ordinances and subdivisions, amendments thereof and supplements thereto and all other ordinances inconsistent with the provisions hereof, shall, to the extent of such inconsistency be and the same are hereby repealed.
[Ord. #679, S 9-2203]
This chapter shall become effective 20 days following final passage and publication according to law.
[Ord. #679; Ord. #679-R-88-19; Ord. #99-11; Ord. #99-15; amended 12-16-2019 by Ord. No. 19-09]
Article 12-122 has been enacted pursuant to authority granted under Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., including, but not limited to, N.J.S.A. 40:55D-65.1 and 40:55D-107 to 40:55D-112. This article shall be known by and may be referred to by the short title of the "Historic Preservation Ordinance of the Borough of North Plainfield." This article is specifically intended to effectuate and accomplish the protection, enhancement and perpetuation of historic buildings, structures, sites, objects, improvements and districts within the Borough of North Plainfield, to implement the historic preservation element of the Borough's Master Plan and to advance the following public purposes:
a. To safeguard the heritage of the Borough of North Plainfield by preserving resources which reflect elements of its archaeological, cultural, social, economic, architectural, and historical heritage;
b. To encourage the continued use of historic landmarks and historic districts and to facilitate their appropriate use or reuse;
c. To foster civic pride and appreciation for the Borough's heritage;
d. To promote the use of historic and architecturally significant sites and areas for the education, welfare, and pleasure of the residents of the Borough and its visitors;
e. To encourage beautification and private reinvestment in historic landmarks and historic districts, and surrounding properties and landscapes;
f. To identify, designate, and regulate historic landmarks and historic districts in order to preserve their historical significance;
g. To maintain and develop an appropriate and harmonious setting for the historically significant structures, sites, and districts located within North Plainfield;
h. To encourage and manage appropriate alterations of historic sites and improvements within historic districts, and to prevent new construction which is not in keeping with the character of historic districts;
i. To discourage the unnecessary total or partial demolition, removal, or destruction of historical resources; and
j. To recognize the importance of historic landmarks and historic districts by assisting property owners and tenants to maintain their properties in keeping with the requirements and standards of this article.
In addition to the definitions set forth elsewhere in this chapter, the following definitions apply in Article 122:
ADDITION
An extension or increase in the size, floor area or height of any building, structure, site, object or improvement added at some time after the completion of the original.
ADMINISTRATIVE OFFICER
The Construction Official, Zoning Officer, and/or Code Enforcement Officer of the Borough.
ALTERATION
Any change in the exterior features of any building, structure, site, object or improvement.
APPLICATION
A request to the Commission made pursuant to this article for the purposes of obtaining a certificate of appropriateness or other action by the Commission hereunder specified.
APPLICATION FOR DEVELOPMENT
An application to the Planning Board or the Zoning Board of Adjustment of the Borough of North Plainfield for approval of a major or minor subdivision plat or site plan, planned development, conditional use or zoning variance, or an application for the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, or for any use or change in the use of any building or other structure, or of any parcel of land, for which permission may be required pursuant to the Municipal Land Use Law.
ARCHITECTURAL REVIEW COMMITTEE (ARC)
The members of the Commission appointed by the Chair at the annual organizational meeting, or from time to time as needed. The ARC shall consist of the Chair and two other members and shall be responsible for reviewing minor applications and applicant exemption requests with the assistance of Commission staff.
BUILDING
Any man-made structure created principally to shelter any form of human activity as well as its functionally related appurtenances, such as a house and a barn.
CERTIFICATE OF APPROPRIATENESS (or CA)
That document issued by the Commission which is required before any work may be commenced on any historic landmark or any building, structure, site, object or improvement located within an historic district.
COMMISSION
The Historic Preservation Commission established pursuant to the provisions of this article.
CONTRIBUTING
Any buildings, structures, sites, objects or improvements which are integral components of an historic district either because they date from a time period which makes them historically significant or because they represent an architectural type, period or method which is historically significant.
DEMOLITION
The partial or total razing, dismantling or destruction, whether entirely or in significant part, of any building, structure, site, object or improvement. Demolition includes the removal of a building, structure, site, object or improvement from its location or the removal or destruction of its facade or surface.
DESIGNATED HISTORIC LANDMARK OR HISTORIC DISTRICT
An individual building, structure, site, object, landscape, park, viewshed, improvement or district which has been determined to have historical significance pursuant to the provisions of this article.
EMERGENCY REPAIRS
Immediate repairs to preserve the continued habitability and/or the health and safety of occupants or others, performed in accordance with Borough codes without first obtaining a certificate of appropriateness. A consultation with the Commission or its staff is still required.
EXEMPTION
When a property owner, designer or contractor:
a.
Requests permission to make repairs or alter building components, for reasons sufficiently emergent that they cannot wait for the next available meeting; or
b.
Requests permission to make ordinary maintenance and repairs, construction field changes or install materials which are replacements for materials and features already present and are sufficiently similar or "in-kind," being "like for like," to obviate the need for a CA hearing.
FACADE
The face or front of a structure or any vertical surface thereof adjacent to a public way.
HISTORIC
Having historical, cultural, architectural, archaeological, economic, social or other significance as defined by the provisions of this article.
HISTORIC DISTRICT
A significant concentration, linkage or continuity of buildings, structures, sites, objects or improvements united historically by plan or physical development, which qualifies for designation under Subsection
22-122.4 of this article, including the "Washington Park Historic District," consisting of those properties, or parts thereof, pursuant to Ordinance Nos. 679, S9-2301 and 679-R-88-19, S1, and are depicted and described in the appendix.
HISTORIC DISTRICT RESOURCES
Those resources classified as either "key," "contributing" or "noncontributing," which are defined as follows:
a.
KEYAny buildings, structures, sites, objects or improvements which, due to their significance, would individually qualify for historic landmark status.
b.
CONTRIBUTINGAny buildings, structures, sites, objects or improvements on the site which are integral components either because they date from a time period which makes them historically significant or because they represent an architectural type, period or method which is historically significant.
c.
NONCONTRIBUTINGAny building, structure, site, object or improvement on the site which does not have significant historical value because it neither dates from a time period nor represents an architectural type, period or method which is historically significant.
HISTORIC LANDMARK
Any building, structure, site, object or improvement which qualifies for designation under Subsection
22-122.4 of this article.
HISTORIC SITE
Any building, structure, site, landscape, object or improvement determined to be of historical, archaelogical, cultural, scenic or architectural significance in accordance with the provisions of this article.
HISTORICAL
Of, relating to, or having the character of history.
IMPROVEMENT
A building or other structure, or any work constituting a man-made alteration of, or addition to, any building, structure, site or object.
IN-KIND
Construction or construction materials that match construction or construction materials being replaced on a designated structure or object, thereby maintaining historic composition, design, color, texture and other visual qualities.
INTEGRITY
The authenticity of a building, structure, site, object, improvement or district, evidenced by the survival of the physical characteristics that existed during its historic or prehistoric period.
INTERESTED PARTY
Any person whose right to use, acquire or enjoy property is affected by any action taken under this article, or whose right to use, acquire or enjoy property under this article or under any other law of this state or of the United States has been denied, violated or infringed by an action or a failure to act under this article.
INTRUSIONS
Any buildings, structures, sites, objects or improvements in an historic district which date from a later period and do not visually contribute to the cohesiveness of the district's streetscapes.
INVENTORY
A list of historic properties determined to meet criteria of significance specified herein.
KEY-CONTRIBUTING
Any buildings, structures, sites, objects or improvements in an historic district which, due to their extraordinary significance, would individually qualify for historic landmark status.
LANDSCAPE
The visual character of the land, including, but not limited to, architecture, building setbacks and height, fences, hedgerows, plantings, lawns trees, as well as man-made features including, but not limited to, sculptures, patterned walks, fountains, reflecting pools and vistas.
LOT
Any designated parcel, tract, or area of land established by a plat or otherwise, as permitted by law, and to be used, developed, or built upon as a unit.
MASTER PLAN
The Master Plan of the Borough of North Plainfield, as amended from time to time, compiled pursuant to the Municipal Land Use Law.
MINOR APPLICATION
An application for a certificate of appropriateness (including documents in Subsection
22-122.5.5.) which:
a.
Does not involve demolition, relocation or removal of an historic landmark or a key or contributing resource in an historic district;
b.
Does not involve an addition to an historic landmark or a property in an historic district or new construction in an historic district;
c.
Is a request for approval of windows, doors, roofing, fences, signs, awnings, porches, railings, steps, materials, finishes, exterior lighting, solar panels, communication devices, sidewalks, paving, or streetscape work and any other work subject to public view which will not substantially affect the architectural characteristics of the historic landmark or the historic district; or
d.
Is a request for a construction field change for a certificate of appropriateness which has already been issued and which meets the criteria of Subsection
c above.
MUNICIPAL LAND USE LAW
The Municipal Land Use Law of the State of New Jersey, P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), as amended from time to time.
NATIONAL REGISTER CRITERIA
The established criteria for evaluating the eligibility of properties for inclusion on the National Register of Historic Places, as set forth in 36 CFR 60.4 et seq.
NONCONTRIBUTING
Any buildings, structures, sites, objects or improvements in an historic district which do not have significant historical value because they neither date from a period of significance nor represent an architectural type, period or method which is historically significant or, due to alterations, disturbances, additions, or other changes, no longer possess historic integrity reflecting their character at that time or are incapable of yielding important information about the period.
OBJECT
Shall be used as a term to distinguish from buildings and structures those constructions or features that are primarily artistic in nature or are relatively small in scale and simply constructed. Examples include, but are not limited to, fountains, sculptures, statuary and similar items. Although it may be, by nature or design, movable, an object is associated with a specific setting or environment.
ORDINARY MAINTENANCE AND REPAIR
The repair of any deterioration, wear or damage to a structure or any part thereof in order to return the same as nearly as practicable to its condition prior to the occurrence of such deterioration, wear, or damage with in-kind material and quality workmanship.
OWNER
The owner of record as shown on the current tax list of the Borough Tax Collector; the mortgage holder of record, if any, as shown in the mortgage records of the Borough; and any purchaser under a land contract.
PERMIT
Any required approval issued by the Construction Official pursuant to applicable building or construction codes for exterior work to be performed on any historic landmark or on any building, structure, object or site located within an historic district, which exterior work will be subject to public view. Said permit shall include, but not be limited to, a building permit, a demolition permit or a permit to move, convert, relocate or remodel or to change the use or occupancy of any landmark or any building, structure, object or site located within an historic district. "Permit" shall also include all exterior work to be performed on windows, doors, roofing, fences, signs, awnings, porches, railings, steps, lighting and sidewalks and any other work subject to public view which would alter the exterior appearance of historic landmarks or properties located within an historic district or their sites.
PERSON
Any individual, natural persons, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, firms, companies, corporations, entities or unincorporated groups, or any officers, agents, employees, servants, factors or any kind of personal representatives of any thereof in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law.
PRESERVATION
The act or process of applying measures necessary to sustain the existing form, integrity and materials of an historic landmark. Work, including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction.
PROTECTION
The act or process of applying measures designed to affect the physical condition of a property by defending or guarding it from deterioration, loss or attack, or to cover or shield the property from danger or injury.
RECONSTRUCTION
The act or process of reproducing, by means of new construction, the form, features and detailing of a nonsurviving building, structure, site, object, improvement or landscape for the purpose of replicating its appearance at a specific period of time and in its historic location when documentary and physical evidence is available.
REHABILITATION
The act or process of returning a property to a state of utility through repair or alteration which makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historic values.
REPLACEMENT
The act or process of replicating any exterior architectural feature that is used to substitute for an existing deteriorated or extensively damaged architectural feature.
RESTORATION
The act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time. It may sometimes mean the removal of later work or the replacement of missing earlier work.
SECRETARY OF THE INTERIOR'S STANDARDS
The publication issued by the U.S. Department of the Interior, National Park Service, entitled: "The Secretary of the Interior's Standards for the Treatment of Historic Properties," 36 CFR 68, revised and supplemented from time to time.
SITE
The location of a significant event, a prehistoric or historic occupation or activity, a building or structure, or a burial ground or cemetery, whether standing, ruined or vanished, where the location itself possesses historical, cultural or archaeological value regardless of the value of any existing structure.
STAFF
The historic preservation consultant, the Zoning Officer, and/or such other employees, consultants or officials as may from time to time be retained and/or employed to provide application review services to the Commission.
STREETSCAPE
The visual character of the street, including, but not limited to, the architecture, building setbacks and height, fences, storefronts, signs, lighting, parking areas, materials, sidewalks, curbing and landscaping.
STRUCTURE
Shall be used as a term to distinguish from buildings those functional constructions made usually for purposes other than creating human shelter, such as a bridge, a walkway, or a driveway, and sometimes referred to as a type of improvement, meaning a combination of materials that becomes a part of, is placed upon, or is affixed to real estate.
SURVEY
The inventory of buildings, structures, sites, objects, improvements and districts located within the Borough of North Plainfield which is conducted by the Commission for the ascertainment of their historical significance pursuant to the provisions of this article.
SURVEY DATA
The raw data produced by the survey; that is, all the information gathered on each property and area investigated.
VIEW, VISTA or VIEWSHED
The view by the public of a building, structure, site, object, improvement or landscape from any point on a street, road or walkway which is used as a public thoroughfare, either vehicular and/or pedestrian.
The duly established Commission created pursuant to Ordinance Nos. 10-87, 8-89 and 10-89, codified as Article
VIII of the Borough of North Plainfield Zoning Ordinance, is hereby reestablished, confirmed and continued. The members shall serve without compensation.
The Historic Preservation Commission shall have the following duties and responsibilities:
a.
To identify, record and maintain a survey of all buildings, structures, sites, objects, improvements and districts of historical significance within the Borough.
b.
To recommend to the Planning Board and Borough Council the designation of buildings, structures, sites, objects or improvements as local historic landmarks and to recommend the designation of local historic districts.
c.
To monitor and recommend to the Planning Board and Borough Council any buildings, structures, sites, objects, improvements or districts for inclusion on the New Jersey or National Register of Historic Places.
d.
To make recommendations to the Planning Board and Borough Council on the Historic Preservation Element of the Master Plan and on the implications for preservation of historic landmarks and historic districts of any other Master Plan elements. The Commission may provide information to the Planning Board indicating the location and significance of historic landmarks and historic districts and identify the standards used to assess worthiness for historic landmark or historic district designation.
e.
To make recommendations to the Planning Board and Borough Council on the historic preservation implications of any proposed or adopted zoning or development ordinance(s) or proposed or adopted element(s) of the Borough's Master Plan.
f.
To draft and recommend to the Planning Board and Borough Council ordinances or amendments to existing ordinances that would resolve any conflicts which may exist between the design standards of this article and the building or zoning regulations of the Borough.
g.
To advise and assist Borough officers, employees, boards and other bodies, including those at the county, state and federal levels, on all matters which have potential impact on the historic buildings, structures, objects, sites or districts in the Borough or on the physical character and ambience of any portion of the Borough.
h.
To advise the Planning Board and Zoning Board of Adjustment on applications for development pursuant to N.J.S.A. 40:55D-110.
i.
To review and render determinations regarding applications for certificates of appropriateness as set forth in this article.
j.
To advise the Planning Board and Borough Council on the relative merits of proposals involving the use of public funds to restore, preserve and protect historic buildings, structures, objects and sites; to securing state, federal and/or other grants or assistance in support of such projects; and to monitor such projects once underway.
k.
To cooperate with local, county, state or national historical societies, governmental bodies and organizations to maximize the contributions of the Commission in accordance with the intent and purposes of historic preservation.
l.
To make information available to residents of historic buildings or districts concerning guidelines for rehabilitation and design criteria for new construction established under this article.
m.
To seek any benefits which may be granted under the National Historic Preservation Act, as amended, or any other state or federal legislation, including, but not limited to, the benefits which flow to communities under the certified local government program with regard to training, grant funding and technical assistance; and, in furtherance thereof, to take any steps necessary to assist the Borough of North Plainfield in the preparation and submission of any documents needed for certification of the Borough as a certified local government under the National Historic Preservation Act.
n.
To monitor and recommend to the Borough Council the submission of any grants related to historic preservation.
o.
To increase public awareness of the value of historic, architectural and cultural preservation by developing and participating in public information programs.
p.
To carry out such other advisory, educational and informational functions as will promote historic preservation in the Borough.
a.
The Commission shall consist of seven regular members and two alternate members, who shall be appointed by the Mayor with the advice and consent of the Borough Council. All Commission members must have a demonstrated interest, competence or knowledge in historic preservation. If available in the community, members of the HPC shall be professionals that meet the Secretary of the Interior's professional qualification standards in the fields of architecture, history, architectural history, prehistoric archaeology, and/or historic archaeology. In making appointments to the Commission, the Mayor, with the advice and consent of the Borough Council, shall endeavor to seat at least one Commissioner from each historic district. At the time of appointment, members shall be designated by the following classes:
1.
Class A: a person who is knowledgeable in building design and construction or architectural history and who may reside outside the municipality; and
2.
Class B: a person who is knowledgeable in, or who has demonstrated an interest in, local history and who may reside outside the municipality; and
3.
Class C: citizens of the municipality who shall hold no other municipal office, position or employment except for membership on the Planning Board or Zoning Board of Adjustment. Class C members should still have a demonstrated interest in history, historic preservation, construction or a related field.
b.
Of the seven regular members, at least one member shall be appointed from each class. No more than three members total shall be comprised of Classes A and B. At least four members shall be comprised of Class C.
c.
Alternate members shall meet the qualifications of Class C members. At the time of appointment, alternate members shall be designated as "Alternate No. 1" and "Alternate No. 2."
a. The members currently serving as of the date of adoption of this ordinance shall continue in office for the duration of the term in office applicable to each at the time of their appointment.
b. The term of a regular member shall be four years; the term of an alternate member shall be two years.
c. Notwithstanding any other provision contained in this article, the term of any member who is also a member of the Planning Board or Board of Adjustment shall be coterminous with membership on such Board.
d. A vacancy occurring otherwise than by expiration of term shall be filled within 60 days for the unexpired term only.
The alternate members may participate in all Commission discussions during proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote.
Annually, the Commission shall elect a Chair and Vice Chair from its members and select a recording secretary who may or may not be a member of the Commission or a municipal employee. See current HPC Bylaws for further information.
The Borough Council shall make provision in its budget and appropriate funds for the expenses of the Historic Preservation Commission. The Commission may employ, contract for and fix the compensation of experts and other staff and services as it shall deem necessary. The Commission shall obtain its legal counsel from the Borough Attorney at the rate of compensation determined by the Borough Council, unless the Borough Council, by appropriation, provides for separate legal counsel for the Commission. The Commission shall obtain the services of an historic preservation consultant and such other experts and other staff as it deems necessary. Expenditures pursuant to this subsection shall not exceed, exclusive of gifts or grants, the amount appropriated by Borough Council for the Commission's use.
The Borough Council shall establish, by ordinance, reasonable fees necessary to cover the expenses of administration and professional services to aid the Commission in its review of applications and development reviews. These fees are in addition to any other required under any portion of this article or any other applicable Borough ordinance.
a.
The Commission shall adopt written bylaws, guidelines and rules for the transaction of its business, for the consideration of applications for certificates of appropriateness, and for the designation of historic landmarks and historic districts. Such rules shall not be inconsistent with the provisions of this article and shall include, but not be limited to, rules pertaining to all notices and hearings required herein.
b.
In order to make available to the public information useful to the preservation and protection of historic landmarks and historic districts and to provide the basis for consistency of policy, the Commission secretary shall maintain complete files and records. The Commission's files shall include, but are not limited to, data used in the classification of buildings, structures, sites, objects, improvements and districts, minutes of Commission meetings, applications for certificates of appropriateness along with collateral data, decisions and appeals associated therewith, and information, materials and references submitted to the public related to historic preservation. A record of Commission proceedings shall be kept and made available, but a formal verbatim record shall not be required.
c.
The Commission secretary shall keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, reports, findings, determinations, decisions and applications, which shall be public documents. All meetings shall be noticed and conducted in accordance with the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq. Copies of all minutes shall be maintained in the Municipal Building and shall be delivered to the Borough Clerk.
d.
Copies of records shall be made available to municipal bodies, agencies, and officials for their use. Records will also be available to the public in accordance with the Open Public Records Act (OPRA), and all requests will be handled administratively by the Commission secretary.
e.
When the Planning Board or the Zoning Board of Adjustment refers an application to the Historic Preservation Commission, then the referring Board shall receive a copy of the Commission's report.
f.
The building and engineering offices shall maintain and display an up-to-date map showing the boundaries of all areas designated as historic districts, as well as the locations of all historic landmarks.
g.
No member of the Commission shall be permitted to act on any matter in which he or she has, either directly or indirectly, any personal or financial interest.
h.
The Commission shall prepare an annual report. Copies will be delivered to the Borough Clerk and the New Jersey HPO. The annual report will also be available to the public upon request.
A member of the Commission may, after a public hearing, if requested, be removed by the Borough Council for cause, including, but not limited to, failure to attend Commission meetings and/or violation of the Local Government Ethics Law.
a. The Historic Preservation Commission shall establish and post in the Borough Hall a regular schedule of meetings, which shall include a minimum of one meeting per month. Regular meetings shall be held as scheduled unless canceled for lack of a quorum, lack of applications to process or for other good reason(s), which shall be noted in the minutes. Additional special meetings may be called by the Chair or Vice Chair, or on the request of any two of its members, when the regular meetings are inadequate to meet the needs of its business, to handle emergencies or to meet time constraints imposed by law.
b. The Historic Preservation Commission shall hold public hearings to review all applications for certificates of appropriateness (excluding minor applications), referrals of development applications and other business which may come before the Commission.
c. The presence of four members, which may include alternate members filling the vacancies of regular members, shall constitute a quorum. A majority vote of those present and voting shall prevail and shall be sufficient to grant or deny a certificate of appropriateness. Not less than a majority of the appointed membership shall be required to grant or change an historic landmark or historic district designation or to grant approval for demolition.
The Commission shall maintain and expand, when appropriate, a comprehensive survey of the Borough of North Plainfield to identify historic landmarks and historic districts that are worthy of protection and preservation.
The criteria for evaluating and designating historic landmarks and historic districts shall be guided by the National Register criteria as currently published and amended from time to time. The Commission or any person may recommend designation of historic landmarks or historic districts that are in accordance with the National Register criteria or that possess one or more of the following attributes:
a. Character, interest, or value as part of the development, heritage or cultural characteristics of the Borough, state or nation; or
b. Association with events that have made a significant contribution to the broad patterns of our history; or
c. Association with the lives of persons significant in our past; or
d. Embodiment of the distinctive characteristics of a type, period or method of construction, architecture, or engineering; or
e. Identification with the work of a builder, designer, artist, architect or landscape architect whose work has influenced the development of the Borough, state or nation; or
f. Embodiment of elements of design, detail, material or craftsmanship that render an improvement architecturally significant or structurally innovative; or
g. Unique location or singular physical characteristics that make a district or landmark an established or familiar visual feature; or
h. Ability or potential ability to yield information important in prehistory or history.
Proposals to designate a property as historic pursuant to this article may be made by the Borough Council, the Commission, or the Planning Board, in accordance with the following procedures:
a. Nomination report for historic landmark. A nomination to propose an historic landmark shall include the following information which addresses the criteria for designation as set forth herein:
1. A photograph of the proposed landmark; and
2. A copy of the Municipal Tax Map showing the property on which the proposed landmark is located; and
3. A physical description of the proposed landmark; and
4. A statement of significance.
b. Nomination report for historic district. A nomination to propose an historic district shall include the following information which addresses the criteria for designation as set forth herein:
1. A building-by-building inventory of all properties within the district, identifying key, contributing, harmonizing, noncontributing, or intrusions; and
2. A photograph of each property and building within the district; and
3. A copy of the Municipal Tax Map of the district showing boundaries; and
4. A physical description of the proposed district; and
5. A statement of significance.
c. Schedule a hearing. Following receipt of a nomination to propose an historic landmark or historic district, the Commission shall schedule a public hearing on the proposed designation.
d. Notification requirements. At least 20 days prior to the public hearing, the Commission shall, by personal service or certified mail, perform the following:
1. Notify the owner(s) of record of a property that has been proposed for historic landmark designation, or the owner(s) of record all properties located within a district that has been proposed for historic district designation, that the property or district, as applicable, is being considered for such designation and the reasons therefor;
2. Advise the owner(s) of record of the significance and consequences of such designation and of the rights of the owner(s) of record to contest such designation under the provisions of this article;
3. Notify the owner(s) of record of the date, time and location of the hearing concerning the proposed designation of the property or district; and
4. Serve any further notices as may be required under the provisions of the Municipal Land Use Law.
e. Public notice of hearing. At least 20 days prior to the public hearing, the Commission shall also cause public notice of the hearing to be published in the official newspaper of the Borough.
f. Public report. At least 20 days prior to the public hearing, a copy of the nomination report shall also be made available for public inspection in the municipal offices of the Borough.
g. Public hearing. At the public hearing scheduled in accordance with this article, the Commission shall review the nomination report and accompanying documents. Interested persons shall be given the opportunity to be heard and to comment on the proposed nomination for designation.
h. Commission report. If the proposed nomination is approved by the Commission, then the Commission shall forward a report to the Borough Council, which shall contain a statement of the Commission's recommendations and the reasons therefor with regard to proposed designations considered at the hearing, including a list and map of properties approved for designation.
i. Referral to Planning Board. The Borough Council shall refer the report to the Planning Board, which in turn shall report to the Borough Council as soon as possible, but within 60 days. Failure of the Planning Board to transmit its report within the sixty-day period provided herein shall relieve the Borough Council of its obligations relating to the referral of such a report to the Planning Board. The Borough Council action on historic landmark or historic district designations shall be otherwise subject to those procedures and statutes which apply to a change of a zoning designation and the adoption, revision or amendment of any development regulation.
j. Final Designation. As soon as possible after its receipt of the report of the Planning Board or the expiration of the period allowed for Planning Board comment on designations pursuant to Subsection 22-122.4.3I of this section, the Borough Council shall act upon the proposed designation list and map and may approve, reject or modify, by ordinance, the designation recommendations made by the Planning Board. In the event that the Borough Council votes to reject or modify any Planning Board recommendations for a proposed designation, the Borough Council shall record in its minutes the reasons for not following such recommendation. All action taken by the Borough Council on proposed designations shall become effective upon a favorable vote of a majority of its full authorized membership, except in cases in which a protest has been filed in accordance with Subsection 22-122.4.3H of this section. A proposed designation shall then require a favorable majority vote of a majority of the full authorized membership of the Borough Council.
k. Public Notice of Designation. Notice of designation shall be made public by publication in the official newspaper of the Borough and by distribution to all municipal agencies reviewing development applications and permits. A certificate or letter of designation shall be sent to the owner(s) of record.
l. Incorporation of Designated Landmarks into Borough Records.
1. Upon adoption of an article by the Borough Council designating an historic landmark or an historic district, the said designation shall supplement, rather than supersede, the existing zoning district in which the affected historic landmark or historic district is located. At that time, the designation list and map shall be incorporated into the Master Plan and Zoning Ordinance of the Borough as required by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. Designated properties shall also be noted as such on the records for those properties as maintained by the engineering and zoning offices, as well as the offices of the Construction Official, the Borough Tax Assessor and the Borough Clerk. In addition to the requirement for notation in the foregoing Borough records upon the designation of a landmark or historic district by the Borough Council as above in this Subsection L set forth, within 90 days of the adoption of this ordinance, there shall be entered upon the property records in the offices of the Tax Assessor, the Construction Code Official, the Borough Engineer, the Zoning Officer and the Borough Clerk a notation which identifies each property located within an historic district as constituted on the date of adoption hereof.
2. Each tax/assessment search requested for a property located within an historic district shall note thereon that the subject property is so located. Similarly, all forms maintained and issued by the Construction Code Official, Borough Engineer, Zoning Officer and Borough Clerk responsive to requests for information, permits, and like documents shall contain a notation which identifies, as applicable, the presence of a property within an historic district as constituted on the date of the adoption hereof and as new landmarks as historic district designations occur hereafter.
m. Amendments. Amendments to historic landmark or historic district designations may be made in the same manner as they were adopted in accordance with the provisions of this article.
The following historic landmarks as delineated and described in the Borough Master Plan are hereby designated historic landmarks for the purposes of this article:
a. The following historic districts as previously and by this ordinance created, reestablished and as delineated and described in the Borough Master Plan are hereby designated historic districts for the purposes of this article:
1. The "Washington Park Historic District" is designated as an historic district and shall consist of those properties, or parts thereof, listed in Ordinance Nos. 679, S9-2301, and 679-R-88-19, S1.
b. Those lots, and all structures thereon, located within the above designated historic districts on which are located structures identified in the Historic Resources Survey, latest version, as being of outstanding, notable, or other historic or architectural importance are hereby reclassified for the purposes of this article as "contributing" or "noncontributing," respectively. See definitions in Subsection
22-122.2 above. See Appendix A for all properties listed by block and lot. Lots and all structures thereon which are classified as "key" shall be listed subsequently in accordance with the provisions of this article.
All properties within the Historic Landmark and Historic District Overlay Zones shall remain subject to all underlying zoning district regulations.
[Amended 3-27-2023 by Ord. No. 23-06]
Every municipal certificate of compliance issued to owners of properties or structures in the Historic District in connection with the sale or conveyance of properties or structures in the Historic District shall state, in conspicuous typeface, that the property or structure is subject to the limitations and regulations governing properties and structures in the Historic District under Article 22-122 of the Borough's Land Development Ordinance. Such notification, along with a copy of the appropriate ordinance and other pertinent HPC documents, shall be mailed by certified mail, return receipt requested, to the prospective buyer and attorney of the buyer. This notice shall be sent in addition to the issuance of a regular certificate of compliance. Such notification shall be deemed actual and constructive notice to new property owners of the effect and applicability of these provisions to their ownership, use and improvement of their property.
A certificate of appropriateness (or "CA") issued by the Commission shall be required before any work is commenced on any historic landmark or within any historic district, whether or not a construction permit is required for such work, including, but not limited to, the following activities listed below. Work associated with a development application requiring ultimate approval by the Planning Board or the Zoning Board of Adjustment is not exempt from this requirement.
a.
Changing the exterior appearance of any building, structure, site, object or improvement by addition, reconstruction, alteration or replacement, including, but not limited to, the addition or alteration of windows, doors, roofing, fences, signs, awnings, porches, railings, steps, materials, finishes, exterior lighting, solar panels, communication devices, sidewalks, paving, or streetscape work, except for the activities described in Subsection
22-122.5.2 below.
b.
Demolition of any building, structure, site, object or improvement.
c.
Relocation of a principal or accessory building, structure, site, object or improvement.
d.
Any addition to or new construction of a principal or accessory building, structure, site, object or improvement.
a. A certificate of appropriateness shall not be required before a permit is issued by the administrative officer for changes to the interior of a structure.
b. A certificate of appropriateness shall not be required for exterior repainting or interior painting of existing structures. If an exterior material, finish or surface is to be painted which was not previously painted, a certificate of appropriateness will be required.
c. A certificate of appropriateness shall not be required if, in the opinion of the Architectural Review Committee or the Commission staff, the work contemplated constitutes "ordinary maintenance and repair" as defined by this article. In such cases, and if a permit is required for the proposed work, the Commission shall promptly notify the administrative officer that a certificate of appropriateness is not required as a prerequisite to the issuance of the permit.
d. A certificate of appropriateness shall not be required for structural repairs which do not alter the exterior appearance.
e. A certificate of appropriateness shall not be required for any changes, additions or alterations not visible from a public right-of-way other than relocation or demolition.
a. Except for the circumstances described in Subsection
22-122.5.2, no work shall be performed on any historic landmark or on any building, structure, site, object or improvement located within an historic district until either a certificate of appropriateness has been issued by the Commission for such work or until a determination has been made by the Commission, the Architectural Review Committee, or Commission staff that no certificate of appropriateness is necessary pursuant to Subsection
22-122.5.2 above.
b. Applications shall be made on forms available in the Clerk's office in the North Plainfield Borough Hall. Completed applications shall be delivered or mailed to the administrative officer. All such applications shall include payment of a filing fee in the amounts established, and amended from time to time, by ordinance. There shall be no fee for conceptual reviews under Subsection
22-122.5.4.
c. Upon receipt of an application for a certificate of appropriateness, Commission staff will review and notify the applicant, in writing, that the application is deemed complete and may proceed with legal and noticing requirements. If complete, the Commission shall schedule a hearing within a forty-five-day period for the purpose of reviewing said complete application and shall advise the applicant(s), in writing, of the time, date and place of said hearing. If incomplete, the Commission shall return the application with a written description of the requirements not met pursuant to this article and the HPC Checklist. For applications, one complete hard copy and electronic version of the application must be submitted to the administrative officer for review.
d. A complete application for a certificate of appropriateness shall include the items enumerated in the HPC application, latest edition, including, but not limited to:
1. Completed application form detailing the proposed work with supporting photos, drawings and documentation.
2. Copy of the letter sent to homeowners within 200 feet of property (not required for minor applications).
3. The certified list showing the date of notification and manor in which it was delivered (not required for minor applications).
4. Completed consent and waiver form.
a. Persons proposing or considering an action that requires a certificate of appropriateness may present a proposal for informal concept review and comment by the Commission and shall first hold an informal informational meeting with the Commission staff to review any design proposals or related issues.
b. Persons proposing to make application to the Commission in connection with any action that requires a certificate of appropriateness are encouraged to first hold an informal informational meeting with Commission staff to review any design proposals or related issues before making application.
c. The Commission staff shall hold meetings pursuant to Subsection 22-122.5.4A or B. Neither the applicant nor the Commission shall be bound by any such review. Informal concept or informational review shall not relieve the necessity for Commission review for a certificate of appropriateness pursuant to this article.
Minor work applications, as defined in this article, may be reviewed and approved by the Architectural Review Committee without holding a public hearing. A minor work application shall require submittal of information consisting of the standard application cover pages and, where applicable, a drawing in sufficient detail to accurately depict the work proposed and adequate to provide the information required for issuance of a permit by the Construction Code Official. If the Architectural Review Committee finds the application appropriate, the Committee may act in place of the full Commission, without the necessity of a public hearing, and is authorized to issue a certificate of appropriateness to the Construction Official for said minor work. The Construction Official shall then authorize the applicant to proceed and issue any required permit associated therewith. If the Architectural Review Committee does not find the application appropriate, the application shall be scheduled for a public hearing before the full Commission upon filing of a full application meeting the submittal requirements of the HPC pursuant to Subsection
22-122.5.3.
a.
The Commission shall hold a public hearing on all applications for certificates of appropriateness that are not minor, following the referral of a complete application to the Commission by the administrative officer or the Commission secretary. The applicant shall have the burden of proof and obligation to establish entitlement to a certificate of appropriateness by satisfaction of the applicable standards and criteria in accordance with this article; upon the failure of which, the Commission shall be entitled to deny the application. The Commission shall issue a certificate of appropriateness within a forty-five-day period that begins when applications are deemed complete by designated staff and distributed to Commissioners in the monthly packet. No public hearing shall be required in order for the ARC to render a minor application determination of exemption pursuant to Subsection
22-122.5.2.
b.
Prior to holding a public hearing on a complete application for a certificate of appropriateness, the Commission or its staff shall, in addition to complying with the requirements of the Open Public Meetings Act, N.J.S.A. 10:4-6 et seq., notify the applicant, in writing, at least 10 days prior to the hearing, setting forth the time, date and place of the hearing. The applicant shall provide written notice to those entitled to notice in accordance with N.J.S.A. 40:55D-12.
c.
At the hearing, the Commission shall allow all persons the opportunity to be heard concerning the issuance of a certificate of appropriateness for the proposed work.
d.
After conducting the public hearing, the Commission shall return to the administrative officer, within 30 days, its written determination on the application, which may be stated in resolution form. The Commission shall grant or deny a certificate of appropriateness to the applicant based on the standards and criteria set forth in Subsection 122.7 of this article. The Commission may issue a certificate of appropriateness subject to certain condition(s), which shall be set forth in detail in the Commission's written decision. The Commission's denial of a certificate of appropriateness shall be deemed to prohibit the applicant from undertaking the work applied for and shall preclude the issuance of any required permit for the said work by the administrative officer. Upon receipt of the Commission's written determination, the Commission secretary shall notify the applicant and Construction Official, in writing, of said determination within five business days thereof. The granting or denial of an historic preservation permit may be appealed to the Board of Adjustment in the same manner as an appeal is taken pursuant to N.J.S.A. 40:55D-70a. Nothing herein shall be deemed to limit the right of judicial review of the Board of Adjustment action after an appeal is concluded.
e.
Failure of the Commission to render its written determination to the administrative officer within the forty-five-day period shall be deemed to constitute a determination in favor of the issuance of a certificate of appropriateness for the proposed work and without conditions.
f.
Nothing herein shall prohibit an extension of time by mutual agreement of the applicant and the Commission. The request for an extension of time by the applicant must be made in writing prior to a regularly scheduled public hearing or verbally requested during a public meeting and recorded in the minutes. In circumstances where the Commission determines that the applicant has failed or declined to provide the Commission with information reasonably required by it in order to make an informed decision, the Commission shall have the right to adjourn the proceedings until such time as the requested information is supplied to it. If the requested information is not received by the Commission within 60 days, it shall have the right to dismiss the application without prejudice for lack of prosecution.
g.
When a certificate of appropriateness has been issued, the administrative officer or his appointee, in conjunction with the Commission or its staff, shall, from time to time, inspect the work approved by such certificate and shall regularly report to the Commission the results of such inspections, listing all work inspected and reporting any work not in accordance with such certificate.
h.
A certificate of appropriateness shall be valid for a period of two years from date of issue unless reasonable extensions are requested by the applicant or the Commission.
i.
Appeals from determinations of the administrative officer pursuant to the Historic Preservation Commission's decisions may be made by the applicant to the Zoning Board of Adjustment, according to N.J.S.A. 40:55D-70a.
j.
The performance of unauthorized activities and/or the performance of any work not in accordance with a previously issued certificate of appropriateness shall be deemed to be a violation of this chapter and may subject the responsible parties to sanctions imposed hereunder. The Construction Code Official or Municipal Prosecutor, as applicable, shall prosecute any such violation in the Municipal Court, and the Commission shall also have the right to file an action in the Superior Court of New Jersey for appropriate legal and/or equitable relief, subject to the prior approval of the Borough Council.
a. When an historic landmark or an historic district resource requires immediate repair to preserve its continued habitability and/or the health and safety of its occupants or others, emergency repairs may be performed in accordance with applicable construction codes immediately upon approval of the Construction Official, who shall certify that a bona fide emergency of the type referenced herein exists, without first obtaining a certificate of appropriateness from the Commission. Under such circumstances, the repairs performed shall be only such as are necessary to preserve the continued habitability of the building or structure and/or the health and safety of its occupants or others. Where feasible, temporary measures to prevent further damage shall be employed, provided these measures are reversible without causing damage to the building or structure.
b. Simultaneously with the commencement of the emergency work, the property owner shall make a request for a certificate of appropriateness from the Commission memorializing the approval for said emergency work. This request shall be made through the administrative officer or Commission secretary pursuant to the procedures set forth in Subsection 122.5.6 above.
c. It should be noted that the procedures outlined in this section should be strictly limited to those circumstances which, in the opinion of the Construction Official, and only with consultation from the Commission, rise to the level of a bona fide emergency of the type referenced above. No work in addition to the emergency repairs shall be performed until an appropriate request for approval has been granted by the administrative officer and Historic Preservation Commission pursuant to the procedures set forth in Subsection 122.5.6 above.
a. The Borough of North Plainfield, when it plans to undertake any work on any municipally owned historic landmark or on any municipally owned property in an historic district, shall submit such plans to the Historic Preservation Commission and shall receive an advisory report with recommendations on the appropriateness of those plans before undertaking the work.
b. In those circumstances where the Borough cannot require compliance, as in certain cases involving the county, state and federal governments, the Borough strongly urges the voluntary cooperation of such agencies in seeking a certificate of appropriateness and hereby authorizes the Commission to consider such requests and applications. This does not relieve the property owner from complying with applicable state and federal regulations regarding historic preservation.
a.
Pursuant to N.J.S.A. 40:55D-110, the Planning Board and Zoning Board of Adjustment of the Borough of North Plainfield shall refer to the Historic Preservation Commission every application for development submitted to either Board for development involving historic landmarks or properties located within historic districts identified in the Borough's Master Plan. This referral shall be made when the application for development is deemed complete or is scheduled for a hearing, whichever occurs sooner. Failure to refer an application as required shall not invalidate any hearing or proceeding. The Historic Preservation Commission may provide its advice, which shall be conveyed through its delegation of one of its members or staff to testify orally at the hearing on the application and to explain any written report(s) which may have been submitted concerning the proposed application.
b.
On all matters referred to the Historic Preservation Commission which require approval by the Borough's Planning Board or Zoning Board of Adjustment, the decision of the Commission shall be advisory only. In reviewing applications for development, the Commission may comment and make recommendations on any of the zoning and land use considerations which are relevant to the application. The Planning Board or Zoning Board of Adjustment, as applicable, shall consider the testimony and/or written report(s) presented and may disapprove or change any of the recommendations made by the Commission by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations.
c.
Yard variances. Due to the fact that structures in historic districts may have been built close to the lot lines, it is in the public interest to retain a neighborhood's historic appearance by approving variances to normal yard requirements. Where it is deemed that such variance will not adversely affect neighboring properties, the appropriate Board may grant such variance to standard requirements if so recommended by the Historic Preservation Commission.
d.
An approval by the Planning Board or
Zoning Board of Adjustment, as the case may be, does not relieve the applicant of the requirement of obtaining a certificate of appropriateness from the Commission (see Subsection
22-122.5) for those historic aspects of the work not addressed as part of the application for development.
a.
The purpose of this section is to provide uniform standards and criteria for the regulation of historic landmarks and historic districts for use by the Historic Preservation Commission. All projects requiring a certificate of appropriateness and all applications for development on historic landmarks or in historic districts shall, in interpreting and applying the standards and criteria set forth herein, be guided by the principles contained in the most-current versions of the Secretary of the Interior's Standards for Rehabilitation (as contained within the Secretary of the Interior's Standards for the Treatment of Historic Properties), the Secretary of the Interior's Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings, and any adopted local design guidelines for historic districts and sites, latest edition, incorporated herein by reference, as the same may be applicable and appropriate, and as amended and revised from time to time.
1.
In utilizing the Secretary of the Interior's Standards, the Commission shall be guided by the provisions thereof, including, but not limited to, the following:
(a)
A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment.
(b)
The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided.
(c)
Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken.
(d)
Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved.
(e)
Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterize a property shall be preserved.
(f)
Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design, color, texture and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence.
(g)
Chemical or physical treatments, such as sandblasting, that cause damage to historic materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible.
(h)
Significant archaeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken.
(i)
New additions, exterior alterations, or related new construction shall not destroy historic materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale and architectural features to protect the historic integrity of the property and its environment.
(j)
New additions and adjacent or related new construction shall be undertaken in such a manner that, if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired.
2.
These standards are adopted as the Commission's design criteria and guidelines pursuant to N.J.S.A. 40:55D-65.1.
b.
In reviewing applications for certificates of appropriateness, the Historic Preservation Commission shall consider the siting, arrangement, exterior design, design quality, bulk, arrangement, density, texture, details, style, scale, setbacks, stepbacks, shape, height, massing, lot coverage, rhythm, directional emphasis, proportions, building elements, materials, finishes and relationships to the streetscape and/or landscape views of the proposed work and the relationship of those characteristics to the historical significance of the historic landmark or historic district.
c.
In reviewing applications for certificates of appropriateness and notwithstanding any other provisions of this article, the Historic Preservation Commission shall not consider:
1.
Use, zoning requirements for setbacks, density, height limitations or lot coverage, as these matters fall within the purview of the Planning Board and Zoning Board of Adjustment; and
2.
The removal of trees; however, nothing herein shall prevent the Commission from making a recommendation to the Borough with respect to tree removal by the incorporation of any such recommendation in a resolution adopted pursuant to an application determined by it.
d.
Criteria for review. In its review of historic landmarks or properties located within historic districts, the Commission shall give consideration to certain criteria, including, but not limited to, the following:
1.
The historical value of the landscape or streetscape.
2.
The historical value of a building, structure, site, object, improvement or district and its relationship to property of the surrounding area.
3.
The general visual compatibility of the proposed use to the historical value of the surrounding historic district. In regard to an application for new construction, alterations, additions or replacements affecting an historic site or an improvement within an historic district, and in addition to the criteria set forth in Subsection
22-122.7b, the following factors shall be considered in relation to its setting and context, including:
(a)
Height. The height of the proposed building shall be visually compatible with adjacent buildings.
(b)
Proportion of building's front facade. The relationship of the width of the building to the height of the front elevation shall be visually compatible with the buildings and places to which it is visually related.
(c)
Proportion of openings within the facility. The relationship of the width of windows to the height of windows in a building shall be visually compatible with the buildings and places to which it is visually related.
(d)
Rhythm of solids to voids in front facades. The relationship of solids to voids in the front facade of a building shall be visually compatible with the buildings and places to which it is visually related.
(e)
Rhythm of spacing of buildings on streets. The relationship of the building to the open space between it and adjoining buildings shall be visually compatible with the buildings and places to which it is visually related.
(f)
Rhythm of entrance and/or porch projections. The relationship of entrance and porch projections to the street shall be visually compatible with the buildings and places to which it is visually related.
(g)
Relationship of materials/texture and color. The relationship of materials, texture and color of the facade and roof of a building shall be visually compatible with the predominant materials used in the buildings to which it is visually related.
(h)
Roof shapes. The roof shape of a building shall be visually compatible with the buildings to which it is visually related.
(i)
Walls of continuity. Appurtenances of a building such as walls, open-type fencing and evergreen landscape masses shall form cohesive walls of enclosure along a street to the extent necessary to maintain visual compatibility of the building with the buildings and places to which it is visually related.
(j)
Scale of building. The size of a building, the mass of a building in relation to open spaces, the windows, door openings, porches and balconies shall be visually compatible with the buildings and places to which it is visually related.
(k)
Directional expression of front elevation. A building shall be visually compatible with the buildings and places to which it is visually related in its directional character, whether this be vertical character, horizontal character or nondirectional character.
4.
In recognition of the lesser importance of applications for a certificate of appropriateness related to noncontributing structures/sites, only the criteria set forth below shall be applied by the Commission. This includes the general compatibility of the exterior design, arrangement, texture and materials proposed to be used with the historical value of the surrounding area. In carrying out its design review under these guidelines, the following specific criteria shall be utilized:
(a)
All exterior elevations, including the roof, must be maintained, and new construction must be compatible with existing structures, districts and surrounding areas.
(b)
In-kind or similarly compatible historic building materials must be utilized.
In regard to an application to demolish or relocate an historic landmark or an historic district resource, the following matters shall be considered:
a. Its current and potential use for those purposes currently permitted by the Zoning Ordinance or for the use proposed.
b. The probable impact of its removal upon the ambiance of the historic landmark or historic district.
c. The structural soundness and integrity of the building, structure, site, object or improvement and the economic feasibility of restoring or rehabilitating same so as to comply with the requirements of the applicable construction codes.
d. The compelling reasons for not retaining the building, structure, site, object or improvement at its present location, the proximity of the proposed new location and its accessibility to residents of the municipality, and the probability of significant damage to the building, structure, site, object or improvement as a result of the relocation.
e. The compatibility, nature and character of the current and the proposed surrounding areas as they relate to the intent and purposes of this article and whether the proposed new location is visually compatible in accordance with the standards set forth herein.
a.
Where demolition is disapproved. In the event that the Historic Preservation Commission disapproves an application for a certificate of appropriateness to demolish an historic landmark or a building, structure, site, object or improvement located in an historic district, the owner shall, nevertheless, as a matter of right, be entitled to raze or demolish same provided that all of the following requirements have been fully met:
1.
Appeal to Zoning Board of Adjustment. The owner has applied for the necessary certificate of appropriateness and has received notice of the Commission's denial of same from the administrative officer and has appealed to the Zoning Board of Adjustment, which has affirmed such denial.
2.
Sale for fair market value. Following affirmance of the Commission's determination by the Board of Adjustment, an owner who desires to further pursue demolition approval has, for a period of at least 180 days (the "offer period"), and at a price reasonably related to its fair market value, made a bona fide offer to sell such building, structure, site, object or improvement and the land pertaining thereto to any person, entity, organization, government or political subdivision thereof which gives reasonable assurance that it is willing to preserve the building, structure, site, object or improvement and the land pertaining thereto.
3.
Demolition notice posted and publication.
(a)
Notice of any proposed demolition shall be posted on the exterior premises of the building, structure, site, object or improvement throughout the notice period in a location such that it is clearly readable. In addition, the applicant shall cause to be published in the official newspaper of the Borough a notice setting forth the following:
(1)
The applicant's intent to demolish, including a description of the subject property (by block and lot as well as by physical location) and a description of the building, structure, site, object or improvement to be demolished; and
(2)
The applicant's proposed use of the property following demolition; and
(3)
The anticipated time frame(s) associated with the demolition; and
(4)
A statement indicating that the applicant shall consider any and all bona fide offers to sell the property to any person who wishes to preserve the building, structure, site, object or improvement; and
(5)
The applicant's name and address, along with a telephone number where the applicant may be reached during normal business hours by any interested person who wishes to discuss the proposed demolition and/or to make an offer to purchase the property as set forth above.
(b)
The notice shall be published as follows:
(1)
At least once within the first 10 days of the notice period; and
(2)
At least once within the period of time that is not less than 10 nor more than 15 days prior to the expiration of the notice period; and
(3)
At least once each 20 days between the above first and last notifications.
(c)
At the conclusion of the notice period, if the applicant still wishes to demolish the subject building, structure, site, object or improvement, it shall, prior to performing the demolition, perform the following:
(1)
Advise the Commission in writing of its intention to proceed with the demolition; and
(2)
Certify, in writing, to its compliance with the provisions of the 180-day offer period; and
(3)
Provide the Commission with a copy of the notice that appeared in the official newspaper of the Borough and a listing of all dates on which the said notice appeared in the newspaper; and
(4)
Advise the Commission, in writing, as to whether any interested persons submitted an offer or offers to purchase the property, whether during the 180-day "offer period" or following the newspaper noticing referenced above, and set forth the terms and conditions relating to said offer(s) and the results of any negotiations pertaining thereto; and
(5)
File copies of the affidavits of publication relating to the newspaper noticing with the Commission.
4.
Notice period. The period of time during which notice must be given in the manner hereinbefore set forth shall be known as the "notice period," which shall commence on the 10th day following the date of the notice of denial of the appeal from the Zoning Board of Adjustment, and such notice period shall run for a period of time of 180 days.
b.
Assignment. No assignment of the rights granted by a certificate of appropriateness to demolish shall be permitted.
c.
Expiration of approval.
1.
In cases where demolition is permitted, the certificate of appropriateness shall be valid for one year from the date of Historic Preservation Commission approval of the application. The one-year period shall not be extended.
2.
At the time of issuance of the certificate of appropriateness to demolish, the administrative officer shall designate the period of time (within the one-year approval period) within which demolition must be completed.
d.
Approval after change of circumstances. The Commission may, at any time during such notice period, if a significant change in circumstances occurs, approve a certificate of appropriateness to demolish, in which event a permit from the administrative officer shall be issued within 10 days thereafter.
It shall be the duty of all municipal officials reviewing all permit applications involving real property or improvements thereon to determine whether such application involves any activity which should also be the subject of an application for a certificate of appropriateness, and, if it should be, to inform the administrative officer, the applicant, and the Historic Preservation Commission of the same.
a.
If any person shall undertake any construction activity on an historic landmark or property located within an historic district without first having obtained a certificate of appropriateness as provided in this article, or where such construction activity is not in compliance with a certificate of appropriateness previously issued, such person shall be deemed to be in violation of this article. Notwithstanding the foregoing, it shall not be a violation of this article in circumstances where the Construction Official has issued a construction permit but has not advised the recipient of the construction permit to have first made application to the Commission.
b.
After learning of the violation, the administrative officer shall personally serve a notice describing the violation in detail upon the owner of the lot whereon the violation is occurring.
c.
If the owner cannot be personally served within the municipality with said notice, a copy thereof shall be posted on the site in question and a copy shall be sent by certified mail, return receipt requested, to the owner at his or her last known address as it appears on the municipal tax rolls.
d.
Within 10 days of receipt of the notice of violation, the violator shall be required to file an application for a certificate of appropriateness in the same manner as prescribed pursuant to Subsection
22-122.6 of this article, and the notice shall advise the violator of such.
e.
Upon receipt of the violator's application, the Commission shall conduct a review of the said application and hold a public hearing in the same manner as prescribed for regular applications pursuant to Subsection
22-122.5 of this article.
f.
Upon the violator's filing of an application for a certificate of appropriateness, the imposition of all enforcement action on behalf of the Borough shall be stayed until such time as:
1.
The Commission has rendered a decision on the violator's application and the administrative officer has served notice thereof upon the applicant; and
2.
The violation is still deemed to be in existence; and
3.
No further appeal of the decision of the Commission and administrative officer relating to the said application is pending before the Zoning Board of Adjustment or any court; and
4.
All appeal periods relating to the said application have expired.
g.
If the Commission grants a certificate of appropriateness to the violator for the unauthorized work, then the violator shall no longer be deemed to be in violation of this article. If the Commission grants a certificate of appropriateness to the violator subject to certain conditions, then the violator shall be deemed to have cured the violation only upon its timely satisfaction of the said conditions in accordance with the requirements of the Commission. If the Commission denies a certificate of appropriateness to the violator for the unauthorized work, then the violation shall still exist, and the violator shall be subject to appropriate enforcement action as prescribed by this article.
h.
In the event that the violator fails to file a timely application for a certificate of appropriateness after having been served with a notice of violation as set forth above, or in the event that there is no longer any stay of enforcement activity in effect as set forth above and the violation is still deemed to be in existence, then the administrative officer shall cause to be issued a summons and complaint, returnable in the North Plainfield Municipal Court, charging violation of this article.
i.
If a violation involves ongoing unauthorized construction or demolition work, the administrative officer shall immediately issue a stop-construction order in accordance with the Uniform Construction Code, N.J.S.A. 52:27D-119 et seq.
Any person who commits a violation of this article shall, in the discretion of the Municipal Court Judge, be subject to penalties as follows:
a. For each day up to 10 days: a fine of up to $1,000;
b. For each day between 11 and 25 days: a fine of up to $1,200 per violation or in the maximum amount then in effect pursuant to state statute; and
c. For each day beyond 25 days: imprisonment for a period not to exceed 90 days, a fine pursuant to Subsection
b above, or both, and/or be required to immediately correct, abate and/or restore the premises or property to its previous condition.
In the event that the violation is not abated within 10 days of service or posting on site, whichever is earlier, the administrative officer shall cause to be instituted any appropriate action or proceeding to prevent such unlawful activity, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or site, or to prevent any illegal act, conduct, business or use in or about such premises as follows:
a. If any person shall undertake any activity requiring a permit, report or certificate of appropriateness of the Commission without first having obtained approval, he or she shall be required to immediately stop the activity, apply for approval and be required to immediately correct, abate and/or restore the premises or property to its previous condition pending such approval. If the work is denied, he or she shall immediately restore the building, structure, object or site to its condition prior to any such activity. The administrative officer is hereby authorized to seek injunctive relief regarding a stop action or restoration in the Superior Court not less than 10 days after the delivery of notice pursuant to Subsection
b hereof.
b. In the event of the threat of imminent action or demolition for which the necessary approvals have not been granted and which action would permanently and adversely change a landmark or any building, structure, object or site located within a landmark district, the administrative officer is empowered to apply to the Superior Court of New Jersey for injunctive relief as is necessary to prevent such actions.
a. Priority. Recognizing the need for preventive maintenance to ensure the continued useful life of historic buildings, structures, objects and sites, the Borough Council hereby declares that code enforcement for such designated properties is a high municipal priority.
b. Notice of Violation. In the event that any historic landmark or any building, structure, object or site located within an historic district deteriorates to the point that, in the best estimate of the administrative officer, the cost of correcting the outstanding code violations equals more than 25% of the cost of replacing the entire building, structure, object or site on which the violation occurs, the administrative officer shall serve personally or by certified mail, return receipt requested, a notice on the owner of the property listing the violations, the estimate for their abatement and the replacement cost of the improvements and stating that, if the owner does not take all necessary remedial action within 60 days or such extensions as the administrative officer shall grant for good cause, the Borough of North Plainfield's designated official may, at the expiration of said 60 days, enter upon the property and abate such violations and cause the cost thereof to become a lien on the property.
c. Hearing. Upon receipt of such notice, the owner may, within 20 days after such receipt, notify the administrative officer of his or her intentions to have a hearing as to the allegations and estimates set forth in the notice. Such hearing shall be conducted by the Commission and shall, so far as possible, be a formal adversary proceeding in which the administrative officer shall establish the matters alleged in the notice by a preponderance of the evidence. If a hearing is requested, the administrative officer will, within 10 days following the hearing, serve on the owner an opinion, in writing, setting forth his or her conclusions and the reasons therefor.
d. Action Without a Hearing. If the owner does not request a hearing, the findings of the administrative officer set forth in the notice issued in Subsection
22-122.9.3 shall be binding, and the administrative officer may take such necessary action as granted by the provisions of this article.
e. Right of Abatement. If the owner does not comply with the findings of the administrative officer, the administrative officer may enter onto the premises and, by use of municipal labor or outside contractors, or both, perform such work as is necessary to abate all violations.
f. Costs. The administrative officer shall then certify to the Borough Council the cost of such work performed, plus all administrative, clerical, architectural, engineering and legal costs and overhead attributable thereto, and shall present the same to the Borough Council.
g. Lien. The Borough Council may, by resolution, vote to cause the sum so certified to become a lien upon the property, payable with the next quarter's property taxes and, if not then paid, bearing interest at the same rate as delinquent taxes, and/or become subject to tax foreclosure in accordance with the state statutes governing the same.
a. If any section or provision hereof shall be adjudged invalid, such determination shall not affect the other provisions hereof, which shall remain in full force and effect.
b. All ordinances and all provisions thereof inconsistent or conflicting with the provisions of this article are hereby repealed to the extent of such conflict or inconsistency, provided not otherwise required by law.
c. Pursuant to the provisions of N.J.S.A. 40:55D-15, notice of this ordinance has been given by personal service or certified mail to the Municipal Clerk of all adjoining municipalities and by personal service or certified mail to the Somerset County Planning board at least 10 days prior to the date of final hearing.
d. Ordinances or parts of ordinances inconsistent with the provisions of this article are hereby repealed to the extent of any such inconsistencies.
e. The Borough Clerk shall file this article with the Somerset County Planning Board and shall give notice of adoption to all adjoining municipalities as required by law.
f. This article shall take effect after final passage and publication and as provided by law upon notice by personal service or certified mail to the Municipal Clerk of all adjoining municipalities and filing with the Somerset County Planning Board, which will be done within 30 days following the adoption of this article.
[Ord. #05-11, S 1; Ord. #05-16, S 1]
As used in this section, the following terms shall have the meanings set forth below:
ANTENNA Shall mean any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies, wireless telecommunications signals or other communications signals.
APPROVING AUTHORITY Shall mean the appropriate development Board with respect to conditional use permits and variance requests.
BACKHAUL NETWORK Shall mean the lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices and/or long-distance providers or the public switched telephone network.
FAA Shall mean the Federal Aviation Administration.
FCC Shall mean the Federal Communications Commission.
HEIGHT Shall mean, when referring to a tower or other structure, the distance measured from the lowest finished grade of the base of the tower to the highest point on the tower or other structure, including the base pad and any antenna.
PREEXISTING TOWERS AND PREEXISTING ANTENNAS Shall mean any tower or antenna for which a building permit or other permit has been properly issued prior to the effective date of this section, including permitted towers or antennas that have not yet been constructed, so long as such approval is current and not expired, and including any tower or antenna that is presently a permitted use on the property owned, leased or otherwise controlled by the Borough.
STEALTH TOWER STRUCTURE Shall mean, but is not limited to, the following: man-made trees, clock towers, bell steeples, light poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
TOWER Shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar wireless telecommunication purposes, including self-supporting lattice towers or monopole towers. Guyed towers and parabolic dish antennas are not permitted within the Borough. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.
WIRELESS TELECOMMUNICATIONS Shall mean any personal wireless services as defined in the Telecommunications Act of 1996, and all other applicable laws, which includes FCC licensed commercial wireless telecommunication services including cellular, personal communication services, specialized mobile radio, paging and similar services that exist or that may be developed in the future.
[Ord. #05-11, S 2; Ord. #05-16, S 2]
a. New Towers and Antennas. All new towers or antennas in the Borough shall be subject to these regulations, except as provided in paragraphs b through d inclusive and as to those towers or antennas in existence as of the final adoption of this section.
b. Amateur Radio Station Operators/Receive-Only/Transceive Antennas. This Section shall not govern any tower, or the installation of any antenna, that is under 70 feet in height and is owned and operated by a federally licensed amateur radio station operator or is used exclusively for receive-only/transceive antennas.
c. Preexisting Towers or Antennas. Preexisting towers and/or preexisting antennas shall not be required to meet the requirements of this section, other than the requirements of the Borough Land Use Code or this section, whichever is applicable, absent any enlargement or structural modification or the addition of any structures.
d. Satellite Dish Antennas. This Section shall not govern any parabolic satellite antennas.
[Ord. #05-11, S 3; Ord. #05-16, S 3]
a. Principal or Accessory Use. Antennas and towers may be considered either principal or accessory uses. Notwithstanding any other Borough land development regulation, a different existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot. If a tower and its appurtenant structures constitute the sole use of the lot, the tower shall be deemed to be the principal use.
b. Inventory of Existing Sites. Each applicant for an antenna and/or tower shall provide to the approving authority an inventory of its existing towers and antennas, or sites approved for towers or antennas, that are either within the jurisdiction of the Borough or within three miles of the proposed tower site, including specific information about the location, height and design of each tower.
c. Aesthetics. Towers and antennas shall meet the following requirements:
1. Towers shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or the Borough, be painted a neutral color to reduce visual obtrusiveness.
2. At a tower site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend them into the natural setting and surrounding buildings and shall be located out of public view behind existing structures, buildings or terrain features which will shield the buildings and related structures from view.
3. If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible.
d. Lighting. Towers shall not be artificially lighted, unless required by the FAA. It is the intent of the Borough that towers shall not exceed FAA height standards that would require lighting. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.
e. State or Federal Requirements. All towers and antennas must meet or exceed current standards and regulations of the FAA, the FCC 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 section shall bring such towers and antennas into compliance with such revised standards and regulations within six 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 and antennas into compliance with such revised standards and regulations within 30 calendar days shall mean that the Borough may avail itself of any and all legal or equitable remedies, including the removal of the tower or antenna at the owner's expense or revocation of the Certificate of Occupancy/Approval.
f. Building Codes; Safety Standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable State or local building codes and the applicable standards for towers that are published by the Electronic Industries Association, as amended from time to time. If, upon inspection, the Borough concludes that a tower 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, the owner shall have 30 calendar days to bring such tower into compliance with such standards. Failure to bring towers and antennas into compliance with such codes and standards within 30 calendar days shall mean that the Borough may avail itself of any and all legal or equitable remedies, including the removal of the tower or antenna at the owner's expense or revocation of the Certificate of Occupancy.
g. Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communication system in the Borough of North Plainfield have been obtained and shall file with its application a copy of all required franchises with the Zoning Officer.
h. Signs. No signs shall be allowed on an antenna or tower other than as required by law.
i. Buildings and Support Equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of BOCA and/or UCC (Uniform Construction Code).
j. Multiple Antennas/Tower Plan. The Borough mandates the users of towers and antennas to collocate antennas where technically, practically and economically feasible. Applications for approval of collocation sites shall be given priority in the review process.
k. Compliance with Radiation Emission Standards. The applicant shall demonstrate that the proposed antenna and related structures and equipment comply with all applicable State and Federal regulations of electromagnetic radiation levels.
l. Maintenance. The owner(s) of any cell tower and/or antenna created, as well as the owner(s) of the underlying property under the provisions of this section shall be required at the minimum, to maintain the tower/antenna site at least monthly and more frequently if requested by the Borough. This shall also include the replacement of any landscaping required. Failure to meet the requirements herein shall be considered a violation and subject to the general penalty provisions of the Borough Code regarding ordinance violations. Each day a violation occurs shall be a separate penalty.
[Ord. #05-11, S 4; Ord. #05-16, S 4]
a. General. The uses listed in this section are deemed to be permitted uses and shall not require a conditional use permit or a variance application.
b. Permitted Uses. The following uses are specifically permitted:
1. Antennas or towers located on property owned, leased or otherwise controlled by the Borough, provided that a license or lease authorizing such antenna or tower has been approved by the Borough. However, the Borough may, as a condition of such lease, require a site plan approval by the Planning Board. The decision to extend such leases to an applicant shall be vested solely with the Borough, shall not be governed by this section, and shall, to the extent possible, be subject to the bidding requirements of the Local Public Contracts Law of the State of New Jersey. The Borough, in its absolute discretion, reserves the express right to deny any and all uses of its property for antennas or towers. Preexisting towers and antennas on Borough property are exempt from the application of this subsection.
2. Any antenna which is not located on Borough property or is attached to a tower may be attached to any existing business, industrial, office or institutional structure located in the Borough provided that:
(a) The structure is not a residence;
(b) The structure is not located in a residential zone;
(c) The antenna is not located within 2,000 feet of a residential structure or school;
(d) The antenna does not exceed 10 feet more than the maximum building height of the zone wherein the structure is located;
(e) The antenna complies with all applicable FCC and FAA regulations;
(f) The antenna complies with all applicant building codes;
(g) The antenna is located and designed, including materials, placement and reinforced plastic panels, to make the antenna the least visually intrusive to adjacent properties; and,
(h) The antenna to the extent practically possible is screened from public view.
c. Each antenna so permitted in paragraph b2 above must submit a site plan application for approval by the Municipal Planning Board.
[Ord. #05-11, S 5; Ord. #05-16, S 5]
a. Availability of Suitable Existing Towers, Other Structures or Alternative Technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the approving authority that no existing tower structure or alternative technology that does not require the use of towers or structures can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the approving authority related to the availability of suitable existing towers, stealth tower structures, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:
1. No existing towers or structures are located within the geographic area which meets the applicant's engineering requirements.
2. Existing towers or structures are not of sufficient height to meet the applicant's engineering requirements.
3. Existing towers or structures do not have sufficient structural strength to support the applicant's proposed antenna and related equipment.
4. The applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.
5. The fees, costs, or contractual provisions required by the owner in order to share an existing tower or structure or to adapt an existing tower or structure for sharing are unreasonable; costs exceeding new tower development are presumed to be unreasonable.
6. The applicant demonstrates that there are other limiting factors that render existing towers and structures unsuitable.
7. The applicant demonstrates that an alternative technology that does not require the use of towers or structures, such as a cable/cell network using multiple low-powered transmitters/receivers attached to a wireline system, is unsuitable; costs of alternative technology that exceed new tower or antenna development shall not be presumed to render the technology unsuitable.
8. The provisions of this subsection shall not apply if the tower falls within the provisions of Subsection
22-123.4b1.
b. Setbacks. The following setback requirements shall apply to all towers:
1. Towers must be set back a distance equal to at least 120% of the height of the tower from any adjoining lot line and all nonappurtenant buildings.
2. Accessory buildings must satisfy the minimum zoning district setback requirements.
3. No tower shall exist within required buffer or conservation easement areas if adjacent to residential zones and as prescribed under local ordinance.
c. Separation. The following separation requirements shall apply to all towers and antennas:
1. Separation from off-site uses/designated areas. Tower separation shall be measured from the base of the tower to the lot line of the off-site uses and/or designated areas as specified herein.
Off-Site Use/Designated Area | Separation Distance |
---|
Base of Tower to: | |
Existing residential, public parks and buildings, public private schools, municipal buildings, libraries or houses of worship and any site designated on the Federal, State or municipal historic register | 2,000 linear feet |
Vacant residentially zoned land | 2,000 linear feet |
d. Separation Distances Between Towers. Separation distances between towers shall be applicable for and measured between the proposed tower and preexisting towers. The separation distances shall be measured by drawing or following a straight line between the base of the existing tower and the proposed base, pursuant to a site plan, of the proposed tower. The separation distances between any two towers shall be not less than 2,000 feet.
e. Security Fencing. Towers shall be enclosed by security fencing not less than eight feet in height and shall also be equipped with appropriate anticlimbing measures.
f. Landscaping. The following requirements shall govern the landscaping surrounding towers:
1. Tower facilities shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from adjacent properties. A landscaping plan shall be required as part of the approval process and reviewed/modified/approved by the approving authority. The standard buffer shall consist of a landscaped strip at least 10 feet wide outside the perimeter of the compound.
2. In locations where the visual impact of the tower would be minimal, the landscaping requirement may be reduced by the approving authority.
3. Existing mature tree growth and natural land forms on the site shall be preserved to the maximum extent possible. In some cases, such as towers sited on large, wooded lots, natural growth around the property perimeter may be sufficient buffer, to be determined by the approving authority.
g. Height. The maximum height of new towers shall be 100 feet for one carrier and 120 feet for two or more carriers. This paragraph shall also apply to expansion of existing towers and/or antenna.
h. General Requirements. The following provisions shall be required for tower or antenna developers submitting applications to the approving authority:
1. If the tower or antenna is not a permitted use under this subsection, then a use variance shall be required for the construction of a tower or the placement of an antenna at designated sites or zoning districts.
2. Applications for variances and/or site plans under this subsection shall be subjected to the procedures and requirements of the Land Development Code of the Borough, in addition to the requirements of this Ordinance and Municipal Land Use, where required.
3. In granting a use variance or site plan approval, the approving authority may impose conditions to the extent the approving authority concludes such conditions are necessary to minimize any adverse effect of the proposed tower on adjoining properties.
4. Any information of an engineering nature that the applicant submits, whether civil, mechanical or electrical, shall be certified by a licensed professional engineer of the State of New Jersey.
5. An applicant for a variance or site plan shall submit the information described in this subsection and a nonrefundable application fee and an escrow deposit as follows:
| Application Charge | | Escrow Account |
---|
If no new tower is proposed* | $750 | Plus | $3,500 |
If a new tower is proposed | $2,000 | Plus | $5,000 |
*This shall apply to preexisting towers that seek expansion. |
6. The application fee and escrows shall be paid as required herein.
i. Submission Requirements. In addition to all of the above information required for applications pursuant to the Land Use Development Ordinance, applicants for a variance or site plan shall submit the following information to the approving authority:
1. Each applicant for an antenna and/or tower shall provide to the approving authority an inventory of its existing towers and antennas, or sites approved for towers or antennas, that are within three (3 miles of the proposed tower site, including specific information about the location, height and design of each tower.
2. Identification of the entities providing the backhaul network for the antenna and or tower described in the application and other cellular sites owned or operated by the applicant in the Borough.
3. A description of the suitability or nonsuitability of the use of existing towers, other structures or alternative technology not requiring the use of towers or structures to provide the services to be provided through the use of the proposed new antenna and/or tower.
4. A description of the feasible location(s) of the future towers or antennas for the applicant within the Borough based upon existing physical, engineering, technological and geographical limitations in the event that the proposed antenna and/or tower is erected.
5. A visual study, including photographic or topographic plans such as balloon or crane tests, depicting where, within a one mile radius, any portion of the proposed antenna and/or tower could be seen. At its discretion, the approving authority may require the applicant to conduct a balloon test, crane test or similar test at the applicant's expense. If required, such test shall be scheduled with the approving authority for a time which is convenient to its members and the public, and which will be sufficiently in advance so as to allow adequate notification of the public.
6. In addition to the above, applicants proposing a new or modified tower shall submit the following information to the approving authority:
(a) The setback distance between the proposed tower and the nearest residential unit and the residentially zoned properties as indicated on the Municipal Tax Map.
(b) The separation distance from other towers described in the inventory of existing sites submitted pursuant to this subsection shall be shown on an updated site plan or map. The applicant shall also identify the type of construction of the existing tower(s) and the owner/operator of the existing tower(s), if known.
(c) A statement by the applicant as to whether construction of the tower will accommodate collocation of additional antennas for future users.
(d) A letter of commitment to lease space to other potential users at prevailing market rates and conditions.
(e) An agreement by the tower owner that other wireless telecommunications providers will be permitted to collocate on the proposed tower within the limits of structural and radio frequency engineering requirements.
[Ord. #05-11, S 7; Ord. #05-16, S 6]
a. Antennas Mounted on Structures or Rooftops. The equipment cabinet or structure used in association with antennas shall comply with the following:
1. The cabinet or structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height.
2. If the equipment structure is located on the roof of a building, the area of the equipment structure and other equipment and structures shall not occupy more than 10% of the roof area and shall be screened from view utilizing architectural treatments and designs.
3. Equipment storage buildings or cabinets shall comply with all applicable building codes.
b. For antennas located on towers, the related unmanned equipment structure shall not contain more than 200 square feet of gross floor area or be more than 10 feet in height and shall be located in accordance with the minimum accessory structure requirements of the zoning district in which located.
c. Structures or cabinets shall be screened from view of all properties which abut or are directly across the street from the structure or cabinet by a security fence eight feet in height or an evergreen hedge with an ultimate height of eight feet and a planted height of at least six feet.
[Ord. #05-11, S 7; Ord. #05-16, S 6]
Any antenna or tower that is not operated for a continuous period of six months shall be considered abandoned and the owner of such antenna or tower shall remove the same within 90 calendar days of receipt of notice from the Borough notifying the owner of such abandonment. Towers that are rendered obsolete or outdated by advances in technology shall be removed or modified within said 90 calendar day period. Failure to remove an obsolete, outdated or abandoned antenna or tower within said 90 calendar days shall be grounds for the Borough to require removal of the tower or antenna at the owner's expense. If there are two or more users of a single tower, then this provision shall not become effective until all users cease using the tower. The Borough may condition the issuance of any permit to construct a tower or antenna on the posting of an appropriate performance bond or other suitable guaranty in a face amount of not less than 120% of the cost to remove the tower and restore the property as determined by the Borough Engineer for such construction as required under all applicable Borough ordinances. In addition, prior to the commencement of construction of any tower, the tower owner shall post a maintenance and repair bond in the face amount of 75% of the total cost of the construction, as such cost is determined by the Borough Engineer. The tower owner shall comply with all requests of the Borough Engineer to document the costs of the construction.
[Ord. #05-11, S 9; Ord. #05-16, S 7]
Nonconforming towers or antennas that are damaged or destroyed may not be rebuilt without having to first obtain approval from the approving authority and without having met the separation requirements specified herein. The type, height and location of the tower on site shall be of the same type and intensity as the original facility approval. Building permits to rebuild the facility shall comply with the then applicable building codes and shall be obtained within 180 calendar days from the date the facility is damaged or destroyed. If no permit is obtained or if said permit expires, the tower or antenna shall be deemed abandoned as specified in Subsection
22-123.7 herein.