[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.
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.
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.
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.
(d)
Design calculations.
(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]
1.
Scope and Purpose:
(a)
Policy Statement. Flood control, groundwater recharge, and pollutant
reduction shall be achieved through the use of stormwater management
measures, including green infrastructure best management practices
(GI BMPs) and nonstructural stormwater management strategies. GI BMPs
and low-impact development (LID) should be utilized to meet the goal
of maintaining natural hydrology to reduce stormwater runoff volume,
reduce erosion, encourage infiltration and groundwater recharge, and
reduce pollution. GI BMPs and LID should be developed based upon physical
site conditions and the origin, nature and the anticipated quantity,
or amount, of potential pollutants. Multiple stormwater management
BMPs may be necessary to achieve the established performance standards
for water quality, quantity, and groundwater recharge.
(b)
Purpose. The purpose of this subsection is to establish minimum stormwater management requirements and controls for "major development," as defined in Subsection f(2) below.
(c)
Applicability.
(d)
Compatibility with Other Permit and Ordinance Requirements.
Development approvals issued pursuant to this subsection are to be
considered an integral part of development approvals 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.
COMMUNITY BASIN
COMPACTION
CONTRIBUTORY DRAINAGE AREA
CORE
COUNTY REVIEW AGENCY
DEPARTMENT
DESIGN ENGINEER
DESIGNATED CENTER
DEVELOPMENT
DISTURBANCE
DRAINAGE AREA
EMPOWERMENT NEIGHBORHOODS
ENVIRONMENTALLY CONSTRAINED AREA
ENVIRONMENTALLY CRITICAL AREA
EROSION
GREEN INFRASTRUCTURE
HUC 14 or HYDROLOGIC UNIT CODE 14
IMPERVIOUS SURFACE
INFILTRATION
LEAD PLANNING AGENCY
MAJOR DEVELOPMENT
(a)
(1)
(2)
(3)
(4)
(b)
MOTOR VEHICLE
MOTOR VEHICLE SURFACE
MUNICIPALITY
NEW JERSEY STORMWATER BEST MANAGEMENT PRACTICES (BMP) MANUAL
or BMP MANUAL
NODE
NUTRIENT
PERSON
POLLUTANT
RECHARGE
REGULATED IMPERVIOUS SURFACE
(a)
(b)
(c)
(d)
REGULATED MOTOR VEHICLE SURFACE
(a)
(b)
SEDIMENT
SITE
SOIL
STATE DEVELOPMENT AND REDEVELOPMENT PLAN METROPOLITAN PLANNING
AREA (PA1)
STATE PLAN POLICY MAP
STORMWATER
STORMWATER MANAGEMENT BMP
STORMWATER MANAGEMENT MEASURE
STORMWATER MANAGEMENT PLANNING AGENCY
STORMWATER MANAGEMENT PLANNING AREA
STORMWATER RUNOFF
URBAN COORDINATING COUNCIL EMPOWERMENT NEIGHBORHOOD
URBAN ENTERPRISE ZONES
URBAN REDEVELOPMENT AREA
WATER CONTROL STRUCTURE
WATERS OF THE STATE
WETLANDS or WETLAND
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 or discretionary. The definitions below are
the same as or based on the corresponding definitions in the Stormwater
Management Rules at N.J.A.C. 7:8-1.2.
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this chapter.
The increase in soil bulk density.
The area from which stormwater runoff drains to a stormwater
management measure, not including the area of the stormwater management
measure itself.
A pedestrian-oriented area of commercial and civic uses serving
the surrounding municipality, generally including housing and access
to public transportation.
An agency designated by the Somerset County Board of Commissioners
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The New Jersey State Department of Environmental Protection.
A person professionally qualified and duly licensed in New
Jersey to perform engineering services that may include, but not necessarily
be limited to, development of project requirements, creation and development
of project design and preparation of drawings and specifications.
A State Development and Redevelopment Plan Center as designated
by the State Planning Commission such as urban, regional, town, village,
or hamlet.
The division of a parcel of land into two (2) or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlarge-enlargement of any building or structure, any
mining excavation or landfill, and any use or change in the use of
any building or other structure, or land or extension of use of land,
for which permission is required under the Municipal Land Use Law,
N.J.S.A. 40:55D-1 et. seq. In the case of development of agricultural
land, "development" means any activity that requires a state permit,
any activity reviewed by the County Agricultural Board (CAB) and the
State Agricultural Development Committee (SADC), and municipal review
of any activity not exempted by the Right to Farm Act, N.J.S.A. 4:1C-1
et. seq.
The placement or reconstruction of impervious surface or
motor vehicle surface, or exposure and/or movement of soil or bedrock
or clearing, cutting, or removing of vegetation. Milling and repaving
is not considered disturbance for the purposes of this definition.
A geographic area within which stormwater, sediments, or
dissolved materials drain to a particular receiving waterbody or to
a particular point along a receiving waterbody.
Neighborhoods designated by the Urban Coordinating Council
"in consultation and conjunction with" the New Jersey Redevelopment
Authority, pursuant to N.J.S.A. 55:19-69.
The following areas where the physical alteration of the
land is in some way restricted, either through regulation, easement,
deed restriction or ownership such as: wetlands, floodplains, threatened
and endangered species sites or designated habitats, and parks and
preserves. Habitats of endangered or threatened species are identified
using the Department's Landscape Project as approved by the Department's
Endangered and Nongame Species Program.
An area or feature which is of significant environmental
value, including but not limited to: stream corridors, natural heritage
priority sites, habitats of endangered or threatened species, large
areas of contiguous open space or upland forest, steep slopes, and
wellhead protection and groundwater recharge areas. Habitats of endangered
or threatened species are identified using the Department's Landscape
Project as approved by the Department's Endangered and Nongame Species
Program.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
A stormwater management measure that manages stormwater close
to its source by:
An area within which water drains to a particular receiving
surface water body, also known as a sub-watershed, which is identified
by a 14-digit hydrologic unit boundary designation, delineated within
New Jersey by the United States Geological Survey.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
The process by which water seeps into the soil from precipitation.
One or more public entities having stormwater management
planning authority designated by the regional stormwater management
planning committee, pursuant to N.J.A.C. 7:8-3.2, that serves as the
primary representative of the committee.
An individual "development," as well as multiple developments
that individually or collectively result in:
The disturbance of one (1) or more acres of land since February
2, 2004;
The creation of one-quarter (1/4) acre or more of "regulated
impervious surface" since February 2, 2004;
The creation of one-quarter (1/4) acre or more of "regulated
motor vehicle surface" since March 2, 2021; or
Combination of Subsection f2(a)(2) and (3) above that totals
an area of one-quarter (1/4) acre or more. The same surface shall
not be counted twice when determining if the combination area equals
one-quarter (1/4) acre or more.
Major development includes all developments that are part of
a common plan of development or sale (for example, phased residential
development) that collectively or individually meet any one or more
of Subsection f(2)(a)(1), (2), (3) or (4) above. Projects undertaken
by any government agency that otherwise meet the definition of "major
development" but which do not require approval under the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et. seq., are also considered major
development.
Land vehicles propelled other than by muscular power, such
as automobiles, motorcycles, autocycles, and low speed vehicles. For
the purposes of this definition, motor vehicle does not include farm
equipment, snowmobiles, all-terrain vehicles, motorized wheelchairs,
go-carts, gas buggies, golf carts, ski-slope grooming machines, or
vehicles that run only on rails or tracks.
Any pervious or impervious surface that is intended to be
used by "motor vehicles" and/or aircraft, and is directly exposed
to precipitation including, but not limited to, driveways, parking
areas, parking garages, roads, racetracks, and runways.
Any city, borough, town, township, or village.
The manual maintained by the Department providing, in part,
design specifications, removal rates, calculation methods, and soil
testing procedures approved by the Department as being capable of
contributing to the achievement of the stormwater management standards
specified in this chapter. The BMP Manual is periodically amended
by the Department as necessary to provide design specifications on
additional best management practices and new information on already
included practices reflecting the best available current information
regarding the particular practice and the Department's determination
as to the ability of that best management practice to contribute to
compliance with the standards contained in this subsection. Alternative
stormwater management measures, removal rates, or calculation methods
may be utilized, subject to any limitations specified in this chapter,
provided the design engineer demonstrates to the municipality, in
accordance with Subsection f(4)(f) of this subsection and N.J.A.C.
7:8-5.2(g), that the proposed measure and its design will contribute
to achievement of the design and performance standards established
by this subsection.
An area designated by the State Planning Commission concentrating
facilities and activities which are not organized in a compact form.
A chemical element or compound, such as nitrogen or phosphorus,
which is essential to and promotes the development of organisms.
Any individual, corporation, company, partnership, firm,
association, the Borough of North Plainfield, or political subdivision
of this state and any state, interstate or federal agency.
Any dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, refuse, oil, grease, sewage sludge, munitions,
chemical wastes, biological materials, medical wastes, radioactive
substance (except those regulated under the Atomic Energy Act of 1954,
as amended (42 U.S.C. §§ 2011 et seq.), thermal waste,
wrecked or discarded equipment, rock, sand, cellar dirt, industrial,
municipal, agricultural, and construction waste or runoff, or other
residue discharged directly or indirectly to the land, ground waters
or surface waters of the state, or to a domestic treatment works.
"Pollutant" includes both hazardous and nonhazardous pollutants.
The amount of water from precipitation that infiltrates into
the ground and is not evapotranspired.
Any of the following, alone or in combination:
A net increase of impervious surface;
The total area of impervious surface collected by a new stormwater
conveyance system (for the purpose of this definition, a "new stormwater
conveyance system" is a stormwater conveyance system that is constructed
where one did not exist immediately prior to its construction or an
existing system for which a new discharge location is created);
The total area of impervious surface proposed to be newly collected
by an existing stormwater conveyance system; and/or
The total area of impervious surface collected by an existing
stormwater conveyance system where the capacity of that conveyance
system is increased.
Any of the following, alone or in combination:
The total area of motor vehicle surface that is currently receiving
water;
A net increase in motor vehicle surface; and/or quality treatment
either by vegetation or soil, by an existing stormwater management
measure, or by treatment at a wastewater treatment plant, where the
water quality treatment will be modified or removed.
Solid material, mineral or organic, that is in suspension,
is being transported, or has been moved from its site of origin by
air, water or gravity as a product of erosion.
The lot or lots upon which a major development is to occur
or has occurred.
All unconsolidated mineral and organic material of any origin.
An area delineated on the State Plan Policy Map and adopted
by the State Planning Commission that is intended to be the focus
for much of the state's future redevelopment and revitalization efforts.
The geographic application of the State Development and Redevelopment
Plan's goals and statewide policies, and the official map of these
goals and policies.
Water resulting from precipitation (including rain and snow)
that runs off the land's surface, is transmitted to the subsurface,
or is captured by separate storm sewers or other sewage or drainage
facilities, or conveyed by snow removal equipment.
An excavation or embankment and related areas designed to
retain stormwater runoff. A stormwater management BMP may either be
normally dry (that is, a detention basin or infiltration system),
retain water in a permanent pool (a retention basin), or be planted
mainly with wetland vegetation (most constructed stormwater wetlands).
Any practice, technology, process, program, or other method
intended to control or reduce stormwater runoff and associated pollutants,
or to induce or control the infiltration or groundwater recharge of
stormwater or to eliminate illicit or illegal non-stormwater discharges
into stormwater conveyances.
A public body authorized by legislation to prepare stormwater
management plans.
The geographic area for which a stormwater management planning
agency is authorized to prepare stormwater management plans, or a
specific portion of that area identified in a stormwater management
plan prepared by that agency.
Water flow on the surface of the ground or in storm sewers,
resulting from precipitation.
A neighborhood given priority access to state resources through
the New Jersey Redevelopment Authority.
A zone designated by the New Jersey Enterprise Zone Authority
pursuant to the New Jersey Urban Enterprise Zones Act, N.J.S.A. 52:27H-60
et. seq.
Previously developed portions of areas:
A structure within, or adjacent to, a water, which intentionally
or coincidentally alters the hydraulic capacity, the flood elevation
resulting from the two-, 10-, or 100-year storm, flood hazard area
limit, and/or floodway limit of the water. Examples of a water control
structure may include a bridge, culvert, dam, embankment, ford (if
above grade), retaining wall, and weir.
The ocean and its estuaries, all springs, streams, wetlands,
and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
An area that is inundated or saturated by surface water or
ground water at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.
3.
Design and Performance Standards for Stormwater Management Measures.
(a)
Stormwater management measures for major development shall be
designed to provide erosion control, groundwater recharge, stormwater
runoff quantity control, and stormwater runoff quality treatment as
follows:
(1)
The minimum standards for erosion control are those established
under the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et. seq.,
and implementing rules at N.J.A.C. 2:90.
(2)
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
(b)
The standards in this subsection apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or Water Quality
Management Plan adopted in accordance with Department rules.
4.
Stormwater Management Requirements for Major Development.
(a)
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with Subsection f10 of this subsection below.
(b)
Stormwater management measures shall avoid adverse impacts of
concentrated flow on habitat for threatened and endangered species
as documented in the Department's Landscape Project or Natural Heritage
Database established under N.J.S.A. 13:1B-15.147 through 15.150, particularly
Helonias bullata (swamp pink) and/or Clemmys muhlenbergii (bog turtle).
(c)
The following linear development projects are exempt from the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection f4(p), (q), and (r) of this subsection:
(1)
The construction of an underground utility line provided that
the disturbed areas are revegetated upon completion;
(2)
The construction of an aboveground utility line provided that
the existing conditions are maintained to the maximum extent practicable;
and
(3)
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of fourteen (14) feet, provided that
the access is made of permeable material.
(d)
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of Subsection f4(o), (p), (q), and (r) of this subsection may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
(1)
The applicant demonstrates that there is a public need for the
project that cannot be accomplished by any other means;
(4)
The applicant demonstrates that it does not own or have other rights to areas, including the potential to obtain through condemnation lands not falling under Subsection 4(d)(3), of this subsection above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of Subsection f4(o), (p), (q), and (r) of this subsection that were not achievable on site.
(e)
Tables 1 through 3 below summarize the ability of stormwater best management practices identified and described in the New Jersey Stormwater Best Management Practices Manual to satisfy the green infrastructure, groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards specified in Subsection f4(o), (p), (q), and (r) of this subsection. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f) Tables 5-1, 5-2 and 5-3 and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendments of the New Jersey Stormwater Best Management Practices to reflect additions or deletions of BMPs meeting these standards, or changes in the presumed performance of BMPs designed in accordance with the New Jersey Stormwater BMP Manual, the Department shall publish in the New Jersey Registers a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm
(f)
Where the BMP tables in the NJ Stormwater Management Rule are
different due to updates or amendments with the tables in this subsection
the BMP Tables in the Stormwater Management rule at N.J.A.C. 7:8-5.2(f)
shall take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a)(g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60-80
|
No
|
No
|
—
|
|
(Notes corresponding to annotations (a) through (g) are found
in the notes following Table 3.)
|
|
Table 2
Green Infrastructure BMPs for Stormwater Runoff Quantity
(or for Groundwater Recharge and/or Stormwater Runoff Quality
with a Waiver or Variance from N.J.A.C. 7:8-5.3)
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High-Water Table
(feet)
|
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50-90
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations (b) through (d) are found in the notes following
Table 3.)
|
|
Table 3
BMPs for Groundwater Recharge, Stormwater Runoff Quality, and/or
Stormwater Runoff Quantity
only with a Waiver or Variance from N.J.A.C. 7:8-5.3
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40-60
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90
|
No
|
No
|
1
|
|
Wet pond
|
50-90
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at Subsection f4(o)(2);
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a ten (10) foot wide area of native
vegetation along at least fifty (50%) percent of the shoreline and
to include a stormwater runoff retention component designed to capture
stormwater runoff for beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than two percent;
|
|
(f)
|
Designed with a slope of equal to or greater than two percent;
|
|
(g)
|
Manufactured treatment devices that meet the definition of green infrastructure at Subsection f2 of this subsection;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection f2 of this subsection.
|
(g)
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with Subsection f4(b) above of this subsection. Alternative stormwater management measures may be used to satisfy the requirements at Subsection f4(o) of this subsection below only if the measures meet the definition of green infrastructure at Subsection f2 above. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection f4(o)(2) of this subsection below are subject to the contributory drainage area limitation specified at Subsection f4(o)(2) of this subsection below for that similarly functioning BMP. Alternative stormwater management measures approved in accordance with this subsection that do not function in a similar manner to any BMP listed at Subsection f4(o)(2) of this subsection below shall have a contributory drainage area less than or equal to two and one-half (2.5) acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection f4(d) of this subsection above is granted under Subsection f4(o) of this subsection below.
(h)
Whenever the stormwater management design includes one or more
BMPs that will infiltrate stormwater into subsoil, the design engineer
shall assess the hydraulic impact on the groundwater table and design
the site, so as to avoid adverse hydraulic impacts. Potential adverse
hydraulic impacts include, but are not limited to, exacerbating a
naturally or seasonally high water table, so as to cause surficial
ponding, flooding of basements, or interference with the proper operation
of subsurface sewage disposal systems or other subsurface structures
within the zone of influence of the groundwater mound, or interference
with the proper functioning of the stormwater management measure itself.
(i)
Design standards for stormwater management measures are as follows:
(1)
Stormwater management measures shall be designed to take into
account the existing site conditions, including, but not limited to,
environmentally critical areas; wetlands; flood-prone areas; slopes;
depth to seasonal high water table; soil type, permeability, and texture;
drainage area and drainage patterns; and the presence of solution-prone
carbonate rocks (limestone);
(2)
Stormwater management measures shall be designed to minimize maintenance, facilitate maintenance and repairs, and ensure proper functioning. Trash racks shall be installed at the intake to the outlet structure, as appropriate, and shall have parallel bars with one-inch spacing between the bars to the elevation of the water quality design storm. For elevations higher than the water quality design storm, the parallel bars at the outlet structure shall be spaced no greater than one-third (1/3) the width of the diameter of the orifice or one-third (1/3) the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six (6) inches. In addition, the design of trash racks must comply with the requirements of Subsection f8(c) of this subsection below;
(3)
Stormwater management measures shall be designed, constructed,
and installed to be strong, durable, and corrosion resistant. Measures
that are consistent with the relevant portions of the Residential
Site Improvement Standards at N.J.A.C. 5:21-7.3, 7.4, and 7.5 shall
be deemed to meet this requirement;
(4)
Stormwater management BMPs shall be designed to meet the minimum safety standards for stormwater management BMPs at Subsection f8 of this subsection; and
(5)
The size of the orifice at the intake to the outlet from the
stormwater management BMP shall be a minimum of two and one-half (2 1/2)
inches in diameter.
(j)
Manufactured treatment devices may be used to meet the requirements of this subchapter, provided the pollutant removal rates are verified by the New Jersey Corporation for Advanced Technology and certified by the Department. Manufactured treatment devices that do not meet the definition of green infrastructure at Subsection f2 of this subsection may be used only under the circumstances described at Subsection f4(o)(4) of this subsection.
(k)
Any application for a new agricultural development that meets the definition of major development at Subsection f2 of this subsection above. shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at Subsections f4(o), (p), (q), and (r) of this subsection below and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
(l)
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality and stormwater runoff quantity standards at Subsections f4(p), (q), and (r) of this subsection below shall be met in each drainage area, unless the runoff from the drainage areas converge onsite and no adverse environmental impact would occur as a result of compliance with any one or more of the individual standards being determined utilizing a weighted average of the results achieved for that individual standard across the affected drainage areas.
(m)
Any stormwater management measure authorized under the municipal stormwater management plan or ordinance shall be reflected in a deed notice recorded in the office of the Somerset County Clerk. A form of deed notice shall be submitted to the municipality for approval prior to filing. The deed notice shall contain a description of the stormwater management measure(s) used to meet the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsections f4(o), (p), (q), and (r) of this subsection below and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US Feet or Latitude and Longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to Subsection f10(b)(5) of this subsection. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within one hundred eighty (180) calendar days of the authorization granted by the Borough.
(n)
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to Subsection f4 of this subsection and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the Somerset County Clerk and shall contain a description and location of the stormwater management measure, as well as reference to the maintenance plan, in accordance with Subsection f4(m) of this subsection above. Prior to the commencement of construction, proof that the above required deed notice has been filed shall be submitted to the municipality in accordance with Subsection f4(m) of this subsection above.
(o)
Green Infrastructure Standards.
(1)
This subsection specifies the types of green infrastructure
BMPs that may be used to satisfy the groundwater recharge, stormwater
runoff quality, and stormwater runoff quantity standards.
(2)
To satisfy the groundwater recharge and stormwater runoff quality standards at Subsection f4(p) and (q) of this subsection, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at Subsection f4(f) of this subsection above and/or an alternative stormwater management measure approved in accordance with Subsection f4(g) of this subsection above. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed three times the area
occupied by the BMP
|
|
Small-scale bioretention systems
|
2.5 acres
|
|
Small-scale infiltration basin
|
2.5 acres
|
|
Small-scale sand filter
|
2.5 acres
|
(4)
If a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with Subsection f4(d) of this subsection above is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3 and/or an alternative stormwater management measure approved in accordance with Subsection f4(g) of this subsection above may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at Subsection f4(q), (p), and (r) of this subsection herein and below.
(5)
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility and areas within a right-of-way or easement held or controlled by the government agency or utility. The entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at Subsection f4(q), (p) and (r) of this subsection herein and below, unless the project is granted a waiver from strict compliance in accordance with Subsection f4(d) of this subsection above.
(p)
Groundwater Recharge Standards.
(1)
This subsection contains the minimum design and performance
standards for groundwater recharge as follows:
(2)
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at Subsection f5, either:
(i)
Demonstrate through hydrologic and hydraulic analysis
that the site and its stormwater management measures maintain one
hundred (100%) percent of the average annual pre-construction groundwater
recharge volume for the site; or
(ii)
Demonstrate through hydrologic and hydraulic analysis
that the increase of stormwater runoff volume from pre-construction
to post-construction for the two (2) year storm is infiltrated.
(3)
This groundwater recharge requirement does not apply to projects within the urban redevelopment area, or to projects subject to Subsection f4 of this subsection below.
(4)
The following types of stormwater shall not be recharged:
(i)
Stormwater from areas of high pollutant loading.
High pollutant loading areas are areas in industrial and commercial
developments where solvents and/or petroleum products are loaded/unloaded,
stored, or applied, areas where pesticides are loaded/unloaded or
stored; areas where hazardous materials are expected to be present
in greater than "reportable quantities" as defined by the United States
Environmental Protection Agency (EPA) at 40 CFR 302.4; areas where
recharge would be inconsistent with Department-approved remedial action
work plan or landfill closure plan and areas with high risks for spills
of toxic materials, such as gas stations and vehicle maintenance facilities;
and
(ii)
Industrial stormwater exposed to source material.
"Source material" means any material(s) or machinery, located at an
industrial facility, that is directly or indirectly related to process,
manufacturing or other industrial activities, which could be a source
of pollutants in any industrial stormwater discharge to groundwater.
Source materials include, but are not limited to, raw materials; intermediate
products; final products; waste materials; by-products; industrial
machinery and fuels, and lubricants, solvents, and detergents that
are related to process, manufacturing, or other industrial activities
that are exposed to stormwater.
(q)
Stormwater Runoff Quality Standards.
(1)
This subsection contains the minimum design and performance
standards to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of one-quarter acre or more of
regulated motor vehicle surface.
(2)
Stormwater management measures shall be designed to reduce the
post-construction load of total suspended solids (TSS) in stormwater
runoff generated from the water quality design storm as follows:
(i)
Eighty (80%) percent TSS removal of the anticipated
load, expressed as an annual average shall be achieved for the stormwater
runoff from the net increase of motor vehicle surface.
(ii)
If the surface is considered regulated motor vehicle
surface because the water quality treatment for an area of motor vehicle
surface that is currently receiving water quality treatment either
by vegetation or soil, by an existing stormwater management measure,
or by treatment at a wastewater treatment plant is to be modified
or removed, the project shall maintain or increase the existing TSS
removal of the anticipated load expressed as an annual average.
(3)
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection f4(q)(2) of this subsection above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
(4)
The water quality design storm is one and one-quarter (1.25)
inches of rainfall in two (2) hours. Water quality calculations shall
take into account the distribution of rain from the water quality
design storm, as reflected in Table 4, below. The calculation of the
volume of runoff may take into account the implementation of stormwater
management measures.
(5)
If more than one BMP in series is necessary to achieve the required
eighty (80%) percent TSS reduction for a site, the applicant shall
utilize the following formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
|
|
Where:
| ||
|
R
|
=
|
Total TSS Percent Load Removal from application of both BMPs.
|
|
A
|
=
|
The TSS Percent Removal Rate applicable to the first BMP.
|
|
B
|
=
|
The TSS Percent Removal Rate applicable to the second BMP.
|
|
Table 4 - Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
10
|
0.01660
|
50
|
0.2583
|
90
|
1.1500
|
|
11
|
0.01828
|
51
|
0.2783
|
91
|
1.1550
|
|
12
|
0.01996
|
52
|
0.2983
|
92
|
1.1600
|
|
13
|
0.02164
|
53
|
0.3183
|
93
|
1.1650
|
|
14
|
0.02332
|
54
|
0.3383
|
94
|
1.1700
|
|
15
|
0.02500
|
55
|
0.3583
|
95
|
1.1750
|
|
16
|
0.03000
|
56
|
0.4116
|
96
|
1.1800
|
|
17
|
0.03500
|
57
|
0.4650
|
97
|
1.1850
|
|
18
|
0.04000
|
58
|
0.5183
|
98
|
1.1900
|
|
19
|
0.04500
|
59
|
0.5717
|
99
|
1.1950
|
|
20
|
0.05000
|
60
|
0.6250
|
100
|
1.2000
|
|
21
|
0.05500
|
61
|
0.6783
|
101
|
1.2050
|
|
22
|
0.06000
|
62
|
0.7317
|
102
|
1.2100
|
|
23
|
0.06500
|
63
|
0.7850
|
103
|
1.2150
|
|
24
|
0.07000
|
64
|
0.8384
|
104
|
1.2200
|
|
25
|
0.07500
|
65
|
0.8917
|
105
|
1.2250
|
|
26
|
0.08000
|
66
|
0.9117
|
106
|
1.2267
|
|
27
|
0.08500
|
67
|
0.9317
|
107
|
1.2284
|
|
28
|
0.09000
|
68
|
0.9517
|
108
|
1.2300
|
|
29
|
0.09500
|
69
|
0.9717
|
109
|
1.2317
|
|
30
|
0.10000
|
70
|
0.9917
|
110
|
1.2334
|
|
31
|
0.10660
|
71
|
1.0034
|
111
|
1.2351
|
|
32
|
0.11320
|
72
|
1.0150
|
112
|
1.2367
|
|
33
|
0.11980
|
73
|
1.0267
|
113
|
1.2384
|
|
34
|
0.12640
|
74
|
1.0383
|
114
|
1.2400
|
|
35
|
0.13300
|
75
|
1.0500
|
115
|
1.2417
|
|
36
|
0.13960
|
76
|
1.0568
|
116
|
1.2434
|
|
37
|
0.14620
|
77
|
1.0636
|
117
|
1.2450
|
|
38
|
0.15280
|
78
|
1.0704
|
118
|
1.2467
|
|
39
|
0.15940
|
79
|
1.0772
|
119
|
1.2483
|
|
40
|
0.16600
|
80
|
1.0840
|
120
|
1.2500
|
(6)
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in Subsection f4(p), (q) and (r) of this subsection above, herein and below.
(7)
In accordance with the definition of "FW1" at N.J.A.C. 7:9B-1.4,
stormwater management measures shall be designed to prevent any increase
in stormwater runoff to waters classified as FW1.
(8)
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish three hundred (300)[-] foot riparian zones along Category
One waters, as designated in the Surface Water Quality Standards at
N.J.A.C. 7:9B, and certain upstream tributaries to Category One waters.
A person shall not undertake a major development that is located within
or discharges into a three hundred (300) foot riparian zone without
prior authorization from the Department under N.J.A.C. 7:13.
(9)
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C.
7:13-11.2(j)3.i, runoff from the water quality design storm that is
discharged within a three hundred (300) foot riparian zone shall be
treated in accordance with this subsection to reduce the post-construction
load of total suspended solids by ninety five (95%) percent of the
anticipated load from the developed site, expressed as an annual average.
(10)
This stormwater runoff quality standards do not
apply to the construction of one (1) individual single-family dwelling,
provided that it is not part of a larger development or subdivision
that has received preliminary or final site plan approval prior to
December 3, 2018, and that the motor vehicle surfaces are made of
permeable material(s) such as gravel, dirt, and/or shells.
(r)
Stormwater Runoff Quantity Standards.
(1)
This subsection contains the minimum design and performance
standards to control stormwater runoff quantity impacts of major development.
(2)
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at Subsection f5 of this subsection, complete one of the following:
(i)
Demonstrate through hydrologic and hydraulic analysis
that for stormwater leaving the site, post-construction runoff hydrographs
for the two (2)-, ten (10)-, and one hundred (100)-year storm events
do not exceed, at any point in time, the pre-construction runoff hydrographs
for the same storm events;
(ii)
Demonstrate through hydrologic and hydraulic analysis
that there is no increase, as compared to the pre-construction condition,
in the peak runoff rates of stormwater leaving the site for the two
(2)-, ten (10)- and one hundred (100)-year storm events and that the
increased volume or change in timing of stormwater runoff will not
increase flood damage at or downstream of the site. This analysis
shall include the analysis of impacts of existing land uses and projected
land uses assuming full development under existing zoning and land
use ordinances in the drainage area;
(iii)
Design stormwater management measures so that
the post-construction peak runoff rates for the two (2)-, ten (10)-
and one hundred (100)-year storm events are fifty (50%) percent, seventy-five
(75%) percent and eighty (80%) percent, respectively, of the pre-construction
peak runoff rates. The percentages apply only to the post-construction
stormwater runoff that is attributable to the portion of the site
on which the proposed development or project is to be constructed.
(3)
The stormwater runoff quantity standards shall be applied at
the site's boundary to each abutting lot, roadway, watercourse, or
receiving storm sewer system.
5.
Calculation of Stormwater Runoff and Groundwater Recharge:
(a)
Stormwater runoff shall be calculated in accordance with the
following:
(1)
The design engineer shall calculate runoff using one of the
following methods:
(i)
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(ii)
The Rational Method for peak flow and the Modified
Rational Method for hydrograph computations. The rational and modified
rational methods are described in "Appendix A-9 Modified Rational
Method" in the Standards for Soil Erosion and Sediment Control in
New Jersey, January 2014. This document is available from the State
Soil Conservation Committee or any of the Soil Conservation Districts
listed at N.J.A.C. 2:90-1.3(a)3. The location, address, and telephone
number for each Soil Conservation District is available from the State
Soil Conservation Committee, PO Box 330, Trenton, New Jersey 08625.
The document is also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsCo
mplete.pdf.
(2)
For the purpose of calculating runoff coefficients and groundwater
recharge, there is a presumption that the pre-construction condition
of a site or portion thereof is a wooded land use with good hydrologic
condition. The term "runoff coefficient" applies to both the NRCS
methodology above at Subsection f5(a)(1)(i) and the Rational and Modified
Rational Methods at Subsection f5(a)(1)(ii). A runoff coefficient
or a groundwater recharge land cover for an existing condition may
be used on all or a portion of the site if the design engineer verifies
that the hydrologic condition has existed on the site or portion of
the site for at least five (5) years without interruption prior to
the time of application. If more than one land cover have existed
on the site during the five (5) years immediately prior to the time
of application, the land cover with the lowest runoff potential shall
be used for the computations. In addition, there is the presumption
that the site is in good hydrologic condition (if the land use type
is pasture, lawn, or park), with good cover (if the land use type
is woods), or with good hydrologic condition and conservation treatment
(if the land use type is cultivation).
(3)
In computing pre-construction stormwater runoff, the design
engineer shall account for all significant land features and structures,
such as ponds, wetlands, depressions, hedgerows, or culverts, that
may reduce pre-construction stormwater runoff rates and volumes.
(4)
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
(5)
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
(b)
Groundwater recharge may be calculated in accordance with the
following: The New Jersey Geological Survey Report GSR-32, A Method
for Evaluating Groundwater-Recharge Areas in New Jersey, incorporated
herein by reference as amended and supplemented. Information regarding
the methodology is available from the New Jersey Stormwater Best Management
Practices Manual; at the New Jersey Geological Survey website at:https://www.nj.gov/dep/njgs/pricelst/gsreport/gsr32.pdf
or at New Jersey Geological and Water Survey, 29 Arctic Parkway, PO
Box 420 Mail Code 29-01, Trenton, New Jersey 08625-0420.
6.
Sources for Technical Guidance:
(a)
Technical guidance for stormwater management measures can be
found in the documents listed below, which are available to download
from the Department's website at: http://www.nj.gov/dep/stormwater/bmp_manual2.htm.
(1)
Guidelines for stormwater management measures are contained
in the New Jersey Stormwater Best Management Practices Manual, as
amended and supplemented. Information is provided on stormwater management
measures such as, but not limited to, those listed in Tables 1, 2,
and 3.
(2)
Additional maintenance guidance is available on the Department's
website at: https://www.njstormwater.org/maintenance_guidance.htm.
(b)
Submissions required for review by the Department should be
mailed to: The Division of Water Quality, New Jersey Department of
Environmental Protection, Mail Code 401-02B, PO Box 420, Trenton,
New Jersey 08625-0420.
7.
Solids and Floatable Materials Control Standards.
(a)
Site design features identified under Subsection f4(f) above, or alternative designs in accordance with Subsection f4(g) 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 subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection f7(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 waterbody
under that grate:
(i)
The New Jersey Department of Transportation (NJDOT)
bicycle safe grate, which is described in Chapter 2.4 of the NJDOT
Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines;
or
(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 of one (0.5) inch across the smallest
dimension.
[a]
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 f7(a)(1) of this subsection 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 municipality 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 N.J.A.C. 7:8 are conveyed through any device (e.g.,
end of pipe netting facility, manufactured treatment device, or a
catch basin hood) that is designed, at a minimum, to prevent delivery
of all solid and floatable materials that could not pass through one
of the following:
[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.
8.
Safety Standards for Stormwater Management Basins:
(a)
This section sets forth requirements to protect public safety
through the proper design and operation of stormwater management BMPs.
This section applies to any new stormwater management BMP.
(b)
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management BMPs. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management BMPs to be retrofitted to meet one or more of the safety standards in Subsections f8(c)(1), f8(c)(2) of this subsection below and f8(c)(3) of this subsection below for trash racks, overflow grates, and escape provisions at outlet structures.
(c)
Requirements for Trash Racks, Overflow Grates and Escape Provisions.
(1)
A trash rack is a device designed to catch trash and debris
and prevent the clogging of outlet structures. Trash racks shall be
installed at the intake to the outlet from the Stormwater management
BMP to ensure proper functioning of the BMP outlets in accordance
with the following:
(i)
The trash rack shall have parallel bars, with no
greater than six-inch spacing between the bars;
(ii)
The trash rack shall be designed so as not to
adversely affect the hydraulic performance of the outlet pipe or structure;
(iii)
The average velocity of flow through a clean
trash rack is not to exceed two and one-half (2.5) feet per second
under the full range of stage and discharge. Velocity is to be computed
on the basis of the net area of opening through the rack; and
(iv)
The trash rack shall be constructed of rigid,
durable, and corrosion resistant material and designed to withstand
a perpendicular live loading of three hundred (300) pounds per square
foot.
(2)
An overflow grate is designed to prevent obstruction of the
overflow structure. If an outlet structure has an overflow grate,
such grate shall meet the following requirements:
(i)
The overflow grate shall be secured to the outlet
structure but removable for emergencies and maintenance.
(ii)
The overflow grate spacing shall be no less than
two (2) inches across the smallest dimension.
(iii)
The overflow grate shall be constructed and installed
to be rigid, durable, and corrosion resistant, and shall be designed
to withstand a perpendicular live loading of three hundred (300) pounds
per square foot.
(3)
Stormwater management BMPs shall include escape provisions as
follows:
(i)
If a stormwater management BMP has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management BMPs. With the prior approval of the Borough, pursuant to Subsection f8(c) of this subsection herein, a freestanding outlet structure may be exempted from this requirement;
(ii)
Safety ledges shall be constructed on the slopes of all new stormwater management BMPs having a permanent pool of water deeper than two and one-half (2 1/2) feet. Safety ledges shall be comprised of two (2) steps. Each step shall be four (4) to six (6) feet in width. One step shall be located approximately two and one-half (2 1/2) feet below the permanent water surface, and the second (2nd) step shall be located one to one and one-half (1 1/2) feet above the permanent water surface. See Subsection f8(e) of this subsection below for an illustration of safety ledges in a stormwater management BMP; and
(iii)
In new stormwater management BMPs, the maximum
interior slope for an earthen dam, embankment, or berm shall not be
steeper than three (3) horizontal to one (1) vertical.
(d)
Variance or Exemption from Safety Standard. A variance or exemption
from the safety standards for stormwater management BMPs may be granted
only upon a written finding by the Borough that the variance or exemption
will not constitute a threat to public safety.
(e)
Safety Ledge Illustration.
|
Elevation View - Basin Safety Ledge Configuration
 |
9.
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 f9(c) of this subsection 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.
(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 two hundred (200) feet beyond the limits of the proposed
development, at a scale of 1"=200' or greater, showing two (2) foot
contour intervals. The map, as appropriate, may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and flood plains
along with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines and significant natural and
manmade features not otherwise shown.
(2)
Environmental Site Analysis. A written and graphic description
of the natural and man-made features of the site and its surroundings
should be submitted. This description should include a discussion
of soil conditions, slopes, wetlands, waterways and vegetation on
the site. Particular attention should be given to unique, unusual,
or environmentally sensitive features and to those that provide particular
opportunities or constraints for development.
(3)
Project Description and Site Plans. A map (or maps) at the scale
of the topographical base map indicating the location of existing
and proposed buildings roads, parking areas, utilities, structural
facilities for stormwater management and sediment control, and other
permanent structures. The map(s) shall also clearly show areas where
alterations will occur in the natural terrain and cover, including
lawns and other landscaping, and seasonal high groundwater elevations.
A written description of the site plan and justification for proposed
changes in natural conditions shall also be provided.
(4)
Land Use Planning and Source Control Plan. This plan shall provide a demonstration of how the goals and standards of Subsections f3 through 5 of this subsection 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 pre-development and post-development conditions for the design storms specified in Subsection f4 of this subsection.
(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 onsite boring
logs or soil pit profiles. The number and location of required soil
borings or soil pits shall be determined based on what is needed to
determine the suitability and distribution of soils present at the
location of the control measure.
(7)
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of Subsection f10 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 Borough Engineer waive submission of any of the requirements in Subsection f9(c)(1) through f9(c)(6) of this subsection above when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
10.
Maintenance and Repair.
(b)
General Maintenance.
(1)
The design engineer shall prepare a maintenance
plan for the stormwater management measures incorporated into the
design of a major development.
(2)
The maintenance plan shall contain specific preventative maintenance tasks and schedules; cost estimates, including estimated cost of sediment, debris, or trash removal; and the name, address, and telephone number of the person or persons responsible for preventative and corrective maintenance (including replacement). The plan shall contain information on BMP location, design, ownership, maintenance tasks and frequencies, and other details as specified in Chapter 8 of the NJ BMP Manual, as well as the tasks specific to the type of BMP, as described in the applicable chapter containing design specifics.
(3)
If the maintenance plan identifies a person other
than the property owner (for example, a developer, a public agency
or homeowners' association) as having the responsibility for maintenance,
the plan shall include documentation of such person's or entity's
agreement to assume this responsibility, or of the owner's obligation
to dedicate a stormwater management facility to such person under
an applicable ordinance or regulation.
(4)
Responsibility for maintenance shall not be assigned
or transferred to the owner or tenant of an individual property in
a residential development or project, unless such owner or tenant
owns or leases the entire residential development or project. The
individual property owner may be assigned incidental tasks, such as
weeding of a green infrastructure BMP, provided the individual agrees
to assume these tasks; however, the individual cannot be legally responsible
for all of the maintenance required.
(5)
If the party responsible for maintenance identified under Subsection f10(b)(3) of this subsection above is not a public agency, the maintenance plan and any future revisions based on Subsection f10(b)(7) of this subsection below shall be recorded upon the deed of record for each property on which the maintenance described in the maintenance plan must be undertaken.
(6)
Preventative and corrective maintenance shall be
performed to maintain the functional parameters (storage volume, infiltration
rates, inflow/outflow capacity, etc.) of the stormwater management
measure, including, but not limited to, repairs or replacement to
the structure; removal of sediment, debris, or trash; restoration
of eroded areas; snow and ice removal; fence repair or replacement;
restoration of vegetation; and repair or replacement of non-vegetated
linings.
(7)
The party responsible for maintenance identified under Subsection f10(b)(3) above shall perform all of the following requirements:
(i)
Maintain a detailed log of all preventative and
corrective maintenance for the structural stormwater management measures
incorporated into the design of the development, including a record
of all inspections and copies of all maintenance-related work orders;
(ii)
Evaluate the effectiveness of the maintenance
plan at least once per year and adjust the plan and the deed as needed;
and
(8)
The requirements of Subsection f10(b)(3) and (4) of this subsection above do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
(9)
In the event that the stormwater management facility
becomes a danger to public safety or public health, or if it is in
need of maintenance or repair, the Borough 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 municipal 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 the County may immediately proceed to do so
and shall bill the cost thereof to the responsible person. Nonpayment
of such bill may result in a lien on the property.
(c)
Nothing in this subsection shall preclude the municipality in
which the major development is located from requiring the posting
of a performance or maintenance guarantee, in accordance with N.J.S.A.
40:55D-53.
11.
Penalties. Any person(s) who erects, constructs, alters, repairs,
converts, maintains, or uses any building, structure or land in violation
of this subsection shall be subject to the general penalty provisions
of the Borough Code regarding ordinance violations. Each day a violation
occurs shall be a separate penalty.
12.
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.
[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.
(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.
MUNICIPAL SEPARATE STORM WATER SYSTEM (MS4)
PERSON
STORM DRAIN INLET
WATERS OF THE STATE
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
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:
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:
(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.
[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:
a.
One-family dwellings.
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.
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:
[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:
[Ord. #679, S 9-602; Ord. #679N 86-19, S l; Ord. #06-16]
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:
[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]
[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]
[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]
[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:
[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.
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.
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.
f.
Funeral homes.
g.
Vocational schools, or studios for the instruction of the arts, dancing,
music, languages, photography.
h.
Public buildings and uses.
i.
Parking garages.
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.
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:
[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.
[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.
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.
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.
d.
Funeral homes.
e.
Non-profit clubs, lodges and fraternal, civic, service or charitable
organizations.
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.
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:
[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.
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.
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:
[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:
[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.
[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]
[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.
[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.
[1]
Editor's Note: Provisions of this section were adopted by
Ord. #685. See also Chapter 20, Flood Damage Prevention.
[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").
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:
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:
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:
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.
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).
14.
Notify the Federal Emergency Management Agency when the corporate
boundaries of Borough of North Plainfield have been modified.
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.
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.
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.
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.
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.
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.
Elevation of flooding having a two-tenths of 1% (0.2%) annual
chance of being equaled or exceeded in a given year.
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 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.
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).
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.
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.
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.
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.
See "special flood hazard area."
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).
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.
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."
Any area of the building having its floor subgrade (below
ground level) on all sides.
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.
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.
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.
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.
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.
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.
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.
Per the FHACA, "critical building" means that:
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
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
A general and temporary condition of partial or complete inundation
of normally dry land areas from:
The overflow of inland or tidal waters.
The unusual and rapid accumulation or runoff of surface waters
from any source.
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.
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.
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.
Any land area susceptible to being inundated by water from
any source. See "flood or flooding."
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.
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.
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.
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.
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.
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.
As related to Section 107[1] 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.
The highest natural elevation of the ground surface prior
to construction next to the proposed or existing walls of a structure.
Any structure that is:
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;
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;
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
Individually listed on a local inventory of historic places
in communities with historic preservation programs that have been
certified either:
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:
Prior to January 31, 1980; or
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.
|
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.
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.
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.
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 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.
A licensed professional engineer shall refer to individuals
licensed by the New Jersey State Board of Professional Engineers and
Land Surveyors.
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.
The lowest point of ground, patio, or sidewalk slab immediately
next a structure, except in AO Zones where it is the natural grade
elevation.
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.
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.
A parcel (or contiguous parcels) of land divided into two
or more manufactured home lots for rent or sale.
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.
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.
Pursuant to ASCE 24, any building or structure or portion
thereof that is not classified as residential.
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.
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.
Pursuant to ASCE 24:
Buildings and structures and portions thereof where people live
or that are used for sleeping purposes on a transient or nontransient
basis;
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
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" 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.
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."
The start of construction is as follows:
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.
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.
|
A walled and roofed building, a manufactured home, or a gas
or liquid storage tank that is principally above ground.
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.
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:
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,
Any alteration of an "historic structure," provided that the
alteration will not preclude the structure's continued designation
as an "historic structure."
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.
Buildings and structures of an accessory character and miscellaneous
structures not classified in any special occupancy, as described in
ASCE 24.
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.
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.
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.
A river, creek, stream, channel, or other topographic feature
in, on, through, or over which water flows at least periodically.
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.
[1]
Editor's Note: So in original.
[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.
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).
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.
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.
[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;
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:
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:
(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;
(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.
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]
[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:
d.
Sound level measurements shall be measured in accordance with the
applicable State Statute.
[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.
c.
Shopping centers.
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:
1.
Steps;
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:
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.
HYPODERMIC SYRINGES DISTRIBUTION FACILITIES
METHADONE MAINTENANCE CLINICS
Definitions.
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.
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
3.
In the B-5 Zone.
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.
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:
[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.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 679 and 05-25.
[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.
8.
Roof signs.
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:
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.
[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:
[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:
[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.
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:
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.
The Construction Official, Zoning Officer, and/or Code Enforcement
Officer of the Borough.
Any change in the exterior features of any building, structure,
site, object or improvement.
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.
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.
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.
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.
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.
The Historic Preservation Commission established pursuant
to the provisions of this article.
The officer in charge of granting building or construction
permits in the Borough.
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.
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.
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.
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.
When a property owner, designer or contractor:
Requests permission to make repairs or alter building components,
for reasons sufficiently emergent that they cannot wait for the next
available meeting; or
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.
The face or front of a structure or any vertical surface
thereof adjacent to a public way.
Having historical, cultural, architectural, archaeological,
economic, social or other significance as defined by the provisions
of this article.
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.
Those resources classified as either "key," "contributing"
or "noncontributing," which are defined as follows:
KEYAny buildings, structures, sites, objects or improvements which, due to their significance, would individually qualify for historic landmark status.
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.
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.
Any building, structure, site, object or improvement which qualifies for designation under Subsection 22-122.4 of this article.
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.
Of, relating to, or having the character of history.
A building or other structure, or any work constituting a
man-made alteration of, or addition to, any building, structure, site
or object.
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.
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.
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.
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.
A list of historic properties determined to meet criteria
of significance specified herein.
Any buildings, structures, sites, objects or improvements
in an historic district which, due to their extraordinary significance,
would individually qualify for historic landmark status.
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.
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.
The Master Plan of the Borough of North Plainfield, as amended
from time to time, compiled pursuant to the Municipal Land Use Law.
An application for a certificate of appropriateness (including documents in Subsection 22-122.5.5.) which:
Does not involve demolition, relocation or removal of an historic
landmark or a key or contributing resource in an historic district;
Does not involve an addition to an historic landmark or a property
in an historic district or new construction in an historic district;
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The act or process of replicating any exterior architectural
feature that is used to substitute for an existing deteriorated or
extensively damaged architectural feature.
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.
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.
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.
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.
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.
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.
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.
The raw data produced by the survey; that is, all the information
gathered on each property and area investigated.
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."
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.[1]
[1]
Editor's Note: See N.J.S.A. 40A:9-22.1 et seq.
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:
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,[1] 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.
[1]
Editor's Note: Refers to Ord. No. 19-09, adopted 12-16-2019.
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.
None currently.
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.[1] Lots and all structures thereon which are classified as
"key" shall be listed subsequently in accordance with the provisions
of this article.
[1]
Editor's Note: Appendix A is on file in the Borough offices.
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:
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:
(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:
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:
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.
Shall mean the appropriate development Board with respect
to conditional use permits and variance requests.
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.
Shall mean the Federal Aviation Administration.
Shall mean the Federal Communications Commission.
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.
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.
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.
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.
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.[1]
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.[1]
[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.
