Editor's Note: For regulations concerning Construction
of Driveways in Crescent Park, see Ordinance No. 372 as amended; Swimming
Pools, see Ordinance No. 288 as amended. For regulations concerning
grading certification, height certification, silt fence requirements,
on-site portable toilets, contractor's signs and permitted hours of
construction, see Ordinance #891.
[Ord. #579, A I, § 1]
This chapter shall be known and may be cited as the "Borough
of Sea Girt Zoning Regulations."
[Ord. #579, A I, § 2]
The purpose of this chapter is to encourage the most appropriate
use of land throughout the Borough; to conserve and stabilize the
value of property; to prevent the overcrowding of land and buildings;
to avoid undue concentration of population; to lessen congestion in
the streets; to secure safety from fire, panic and other dangers;
to provide adequate light and air and to promote the health, morals,
safety, comfort, convenience and general welfare of the people. For
these purposes, this chapter establishes precise and detailed regulations
designed to regulate and restrict the use of land and the location
and use of buildings and structures within specified zoning districts;
to promote orderly development; prohibit incompatible uses; regulate
the height, number of stories and size of buildings and other structures
hereafter erected or altered; regulate and determine the size of yards
and other open spaces and to regulate and limit the density of population.
It is the intent of this chapter to implement in an orderly manner
the provisions of the Master Plan for the Borough and to encourage
the established single family residential character of the Borough.
[Ord. #579, A I, § 3]
The provisions of this chapter shall be held to be minimum requirements.
Where this chapter imposes a greater restriction than is imposed or
required by other provisions of law or by other rules or regulations
or resolutions, the provisions of this chapter shall control.
[Ord. #579, A I, § 4; amended Ord.
No. 06-2018; 6-9-2021 by Ord. No. 07-2021]
a.
CANNABIS
CANNABIS CULTIVATOR
CANNABIS DELIVERY SERVICE
CANNABIS DISTRIBUTOR
CANNABIS ESTABLISHMENT
CANNABIS MANUFACTURER
CANNABIS RETAILER
CANNABIS WHOLESALER
Definitions. For purposes of this chapter, the following definitions
shall apply:
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2016, c.
16, for use in cannabis products as set forth in this act, but shall
not include the weight of any other ingredient combined with cannabis
to prepare topical or oral administrations, food, drink, or other
product. "Cannabis" does not include: medical cannabis dispensed to
registered qualifying patients pursuant to the "Jake Honig Compassionate
Use Medical Cannabis Act," P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et
al.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et al.); marijuana
as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth
in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes,
or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as
defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied
to any offense set forth in the "New Jersey Controlled Dangerous Substances
Act," P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et al.); or hemp or a hemp
product cultivated, handled, processed, transported, or sold pursuant
to the "New Jersey Hemp Farming Act," P.L. 2019, c. 238 (N.J.S.A.
4:28-6 et al.).
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer.
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
b.
Cannabis establishments, distributors and delivery services prohibited.
1.
Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement
Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16),
all cannabis establishments, cannabis distributors or cannabis delivery
services are hereby prohibited from operating anywhere in the Borough
of Sea Girt, except for the delivery of cannabis items and related
supplies by a licensed cannabis delivery service based and initiated
from a cannabis delivery service licensed location outside of the
Borough of Sea Girt.
2.
This Subsection 17-1.4 is hereby amended by adding to the list of prohibited uses, the following: "All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a licensed delivery service from outside the Borough of Sea Girt."
[Ord. #579, A II; Ord. #596; Ord. #621; Ord. #627; Ord. #749;
Ord. #755; Ord. #759; Ord. #825; Ord. #855; Ord. #892; New; Ord. #24-2013; Ord. No. 02-2016 § 1; Ord. No. 06-2017 § 2; Ord. No. 14-2017; Ord.
No. 17-2017; Ord. No. 17-2018; Ord. No. 19-2018 § 2; Ord. No. 20-2018 § 1]
For the purposes of this chapter, certain terms and words are
herein defined as follows: The words "used for" include "designed
for" and vice versa; words used in the present tense include the future;
words used in the singular number include the plural number and vice
versa; the word "used" shall include arranged, designed, constructed,
altered, converted, rented, leased or intended to be used; the word
"building" includes the word "structure"; the word "dwelling" includes
the word "residence"; the word "lot" includes the word "plot" or "parcel"
and the word "shall" is mandatory and not discretionary. Any word
or term not defined herein shall be given its ordinary meaning. Definitions
of uses not permitted by this chapter are included and intended solely
for the purpose of clarification.
Shall mean a structure or building, the nature of which is
related to, incidental to and subordinate to the principal use of
the lot on which the accessory structure or building is located including
but not limited to garage structures, permitted storage structures,
mechanical equipment as referred to in Ordinance #855 (adopted 5-22-2002)
and other permitted accessory structures.
Shall mean any change in the supporting members of a building
such as walls, columns, beams and girders which would materially affect
the use of the structure.
Shall mean a room or suite of connected rooms for occupancy
as a single dwelling unit by one family in a building having two or
more of such dwelling units.
Shall mean a story having more than 50% of its height below
finished grade.
Shall mean any building, together with any related structure,
accessory building, any land appurtenant thereto, and any part thereof,
which contains two or more units of dwelling space arranged or intended
for single room occupancy, exclusive of any such unit occupied by
an owner or operator, and wherein personal or financial services are
provided to the residents, including any residential hotel or congregate
living arrangement, but excluding any hotel, motel or established
guest house wherein a minimum of 85% of the units of dwelling space
are offered for limited tenure only, any foster home as defined in
Section 1 of P.L. 1962, c. 137 (C.30:4C-26.1), any community residence
for the developmentally disabled as defined in Section 2 of P.L. 1977,
c. 448 (C.30:11B-2), any dormitory owned or operated on behalf of
any nonprofit institution of primary, secondary or higher education
for the use of its students, any building arranged for single room
occupancy wherein the units of dwelling space are occupied exclusively
by students enrolled in a full-time course of study at an institution
of higher education approved by the Department of Higher Education,
and any facility or living arrangement operated by or under contract
with, any State department or agency, upon the written authorization
of the commissioner.
Shall mean any structure with a permanent location and a
roof supported by columns, posts or walls and intended for the shelter,
housing or enclosing of persons, animals or property.
Shall mean the percentage of the lot area that is covered
by the building area plus any porches and/or area within the outside
dimensions of a covered or enclosed breezeway which may connect an
otherwise detached garage. Calculations of building coverage may exclude
area within the outside dimensions of an integral or attached garage
that are uncovered by upper stories.
Shall mean a line formed by the intersection of a horizontal
plane at average grade level and a vertical plane that corresponds
with the exterior surface of the building on any side and to any height.
In case of a cantilevered or projected section of a building, the
vertical plane will coincide with the most projected surface, however
cornices, eaves, gutters, rakeboards and roof over-hangs are allowed
to encroach into the yard but not to exceed 18 inches. All yard requirements
are measured to the building line.
All applicable provisions of the New Jersey State BOCA are
hereby adopted by reference regarding the setback of structural projections
to a building such as chimneys and steps. If there is a conflict between
BOCA and the ordinances of the Borough of Sea Girt the most restrictive
shall apply.
Is the maximum horizontal cross-sectional area of the principal
building or structures excluding cornices, eaves, gutters, rakeboard
or chimney not projecting more than 18 inches, and excluding any structure
the height of which is 16 inches or less above natural elevation.
Shall mean a building for civic, social, educational, cultural
and recreational activities of a neighborhood or community not operated
primarily for monetary gain.
Shall mean the vertical distance from the crown of the public
roadway, either improved or unimproved, fronting any property to the
top of the highest roof beam on a flat or shed roof, the deck level
on a mansard roof and the highest ridge level for gable, hip and gambrel
roofs. The maximum building heights permissible shall be 35 feet for
any principal structure; and 16 feet for any garage. In the event
that property does not front on an improved or unimproved public roadway,
then the property's building height shall be taken at the nearest
access point to an improved or unimproved public roadway. Any person
obtaining a building permit to construct a structure within the Borough
of Sea Girt shall obtain and submit to the Construction Official,
at or before the time of the framing inspection, a certification from
a licensed engineer, licensed architect or licensed surveyor indicating
that the structure under construction does not violate this chapter;
the person certifying shall provide the true and accurate measurement
of the height of the structure so constructed at the time of framing.
Shall mean an attached accessory building designated for the storage of motor vehicles and constructed primarily as an open building with only a roof and the necessary supporting columns, with its building coverage measured by the vertical projection to the horizontal plane of the roof. See subsection 17-5.1.
Shall mean a certificate issued by the Construction Official
upon completion of the erection of a building or upon the completion
of an erection, conversion or enlargement materially affecting the
use of the building, wholly or in part, or upon a change in the use
of a building which certifies that all requirements of this chapter
or such adjustments thereof which have been granted by the Board of
Adjustment and all other applicable requirements have been complied
with.
Shall mean a wooden floor outside a house, usually with railings
and without a roof installed over a pervious surface.
Shall mean any part of the territory of the Borough to which
certain uniform regulations and requirements of this chapter apply.
Shall mean a projection from a sloping roof that contains
a window which shall not exceed 10 feet in length measured along its
long wall and is set back a minimum of two feet from the exterior
vertical building wall beneath the dormer. An exception is made for
a dormer that results from stairs on an outside wall, which is permitted
to be flush with the exterior vertical building wall against which
stairs are constructed.
Shall mean a paved or unpaved surface not to exceed 14 feet
in width running from the street to a garage or parking area located
according to zoning regulations. There shall be no more than one driveway
per lot. Where the driveway connects to a garage (either attached,
detached or integrated), the driveway may be appropriately flared
to ensure that access to and from the garage may be safely accommodated.
Shall be defined by and constructed in accordance with the
New Jersey Stormwater Best Management Practices Manual Chapter 9.3
Standard for Dry Wells.
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DWELLING APARTMENT BUILDING - Shall mean a multi-family building
containing two or more dwelling units.
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DWELLING, MULTI-FAMILY - Shall mean a building containing three
or more dwelling units and occupied or designed for occupancy by three
or more families living independently of each other with their own
cooking, sanitary and sleeping facilities.
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DWELLING, SEMI-DETACHED - Shall mean a two-family dwelling with
one dwelling unit attached and located beside the other and separated
therefrom by a part or common wall, whether or not that wall is a
fire wall.
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DWELLING, SINGLE-FAMILY - Shall mean a building containing one
dwelling unit only and occupied or intended to be occupied exclusively
for residence purposes by one family.
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DWELLING, TWO-FAMILY - Shall mean a building containing two
dwelling units only and intended for residential occupancy by two
families each living independently of each other and each with its
own separate sleeping, cooking and sanitary facilities.
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DWELLING UNIT - Shall mean a building or part thereof having
cooking, sleeping, and sanitary facilities for one family.
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Shall mean a dwelling unit in an apartment house consisting
of one large room with bath and cooking facilities separated from
such room by a permanent wall or sliding doors.
Shall mean one or more persons, whether related or unrelated,
constituting a bona fide housekeeping unit maintaining a common household
or family type relationship on a permanent basis for an indefinite
period of time limited to the number of persons that the residential
premises may accommodate under applicable housing code provisions.
This definition does not include any society, club, fraternity, sorority,
association, lodge, or similar organization and any assembly of lodgers
occupying rented rooms in a boarding house, rooming house, hotel,
or other place of public accommodation. It does not include a group
of persons who intend to live together temporarily.
Shall mean any establishment whose principal business is
the sale of foods, frozen desserts or beverages to the customer in
a ready-to-consume state for consumption, either within the restaurant
building or for carry-out with consumption on or off the premises,
and whose design or method of operation may include all or some of
the following characteristics:
Foods, frozen desserts or beverages are usually served in edible
containers or in paper, plastic or other disposable containers.
A limited or specialized list of quickly prepared or pre-prepared
food items, utilizing mechanized standardized preparation and packaging
techniques, is offered for on and off the premises consumption.
Drive-in or outside ordering service via a separate drive-in
lane, call box and delivery window.
No table service.
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FIRST FLOOR AREA - Shall mean and shall be measured by using
the outside dimensions of the residential portion of the building
and shall include the area within the outside dimensions of a covered
or enclosed breezeway which may connect an otherwise detached garage.
The similarly measured area of an integral or attached garage is excluded
from the measurement of first floor area. For a split level or a tri-level
dwelling, the area for calculating building coverage shall be the
sum of the exterior bounded areas of adjoining levels.
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SECOND FLOOR AREA - Shall mean and shall be measured by using
the outside dimensions of the building above the level of the ceiling
of the first floor area.
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GARAGE, PARKING - Shall mean a building, or part thereof, other
than an accessory or repair garage used for the off-street storage
of passenger vehicles free of charge or at hourly, daily or monthly
rates and which may also include (a) servicing of the vehicles as
an incidental use, but not the repair thereof, and (b) keeping any
such vehicles for hire.
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GARAGE, PRIVATE - Shall mean a detached accessory building or
portion of a main building primarily used for the parking or temporary
storage of automobiles of the occupants of the main dwelling to which
the garage is an accessory.
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Shall mean the total square footage of all habitable floor
levels and shall be determined by measuring the outside dimensions
of the building at each floor level excluding an uncovered porch or
patio. The area of an attached garage is excluded except in those
cases where a habitable area of the second floor exists above the
garage.
See rooming house.
Shall mean the floor area within a residential structure
to be used for habitation excluding cellars, attics, utility (heating
and cooling) rooms and garages and open porches and, in apartment
houses, excluding common hallways.
Shall mean an office activity carried on for gain by a resident
in a dwelling unit as an accessory use.
Shall mean a building which (a) contains guest rooms, each
having its only access from a central interior corridor which are
designed or intended to be used, let, or hired out for compensation
(b) contains a public lobby serving the guest rooms (c) may contain
one or more dining rooms and (d) has a full-time on-site management.
Shall mean any building where congregations gather for prayer.
Is any surface impenetrable by water but not limited to building
and structures. Building and structures include, but are not limited
to, buildings, structures, dwellings, accessory buildings, garages,
storage sheds, tool sheds, recreational courts, including but not
limited to tennis and basketball courts, pools, pool houses, cabanas,
covered decks, patios, porches, driveways, walkways and all other
areas covered by pavers or impervious materials. For purposes of this
ordinance, porous pavers, porous concrete and asphalt shall be deemed
to be an impervious surface.
Is the percentage of the lot area that is covered by impervious
surface excluding building area and in-ground pools with coping on
all four sides.
Shall mean the same as habitable room area.
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LOT - Shall mean a tract or parcel of land, abutting a street,
the area of which is sufficient to provide the yard spaces and minimum
area requirements of this chapter.
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LOT, CORNER - Shall mean a lot at the junction of and abutting
two or more intersecting streets where the interior angle of intersection
does not exceed 135°. Corner lots shall have a front, a rear and
side yards. The front yard shall be the smaller of the two lot lines
coexistent with the street line. The rear yard shall be the side opposite
the front. The remaining sides shall be considered side lot lines.
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LOT, DEPTH - Shall mean the horizontal distance between the
front and rear lot lines, measured from the midpoint of the front
lot line to the midpoint of the rear lot line.
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LOT, INTERIOR - Shall mean a lot other than a corner lot.
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LOT LINE - Shall mean any line forming a portion of the exterior
boundary of a lot. The "lot line" is the same as the street line for
that portion of a lot abutting a street. "Lot lines" extend vertically
in both directions from ground level.
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Shall mean a building or group of buildings which (a) contains
guest rooms each with outside entrances which are designed or intended
to be used, let or hired out for compensation, (b) contains a public
lobby serving the guest rooms, (c) may contain one or more dining
rooms, and (d) has full-time, on-site management.
See dwelling.
Shall mean a lot the area, dimension or location of which
was lawful prior to the adoption of this or any prior zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption.
Shall mean a structure the size, dimension or location of
which was lawful prior to the adoption of this or any prior zoning
ordinance, but which fails to conform to the requirements of a zoning
district in which it is located by reason of such adoption.
Shall mean a use or act which was lawful prior to the adoption
of this or any prior zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption.
Shall mean a dwelling unit in an apartment containing not
more than one room designed, intended and devoted to sleeping purposes.
Shall mean any undeveloped part of a lot which is designed
to meet the side, rear or front yard requirements of this chapter,
or an open area of potential development use for park, recreational,
commercial, residential or industrial use.
Shall mean a parking space, other than a street, for the
parking of one or more motor vehicles.
Shall mean a space, not on a street, used for the parking
of motor vehicles and available to clients or customers for a fee
or free of charge.
Shall mean an area not less than 10 feet wide by 20 feet
in length either with a structure or in the open, exclusive of driveways,
aisles or access drives, for the parking of a motor vehicle, except
that nothing shall prohibit driveways for one-family dwellings from
being considered one off-street parking space per residence, provided
that no portion of such driveway within the right-of-way of the street's
intersection shall be considered off-street parking spaces.
Shall mean any use of the land or building as permitted by
this chapter.
Shall not be subject to the requirements of subsection 17-5.22 and shall mean those pools which are not otherwise permanently installed, do not require water filtration, circulation and purification, do not exceed two feet of water depth, and do not exceed a water surface area of 120 square feet.
Shall mean swimming pools or tanks, plastic or otherwise,
placed upon residential premises.
Shall mean a roofed entrance, piazza, or portico not more
than one story in height. A front "porch" shall not be enclosed permanently
or temporarily with any type of material nor shall there be any construction
between the roof and the floor of the porch except for columns or
posts necessary for the support of the roof or an open safety railing
which present no more than a minimal obstruction to view provided,
however, that an open wire mesh removable screening may be permitted
during the period of May 1 through October 31 of each year. Porches
shall be considered part of the principal building for the purpose
of calculating building coverage. Porches shall not be considered
habitable floor area.
Shall mean any establishment, however designated, where food
is sold for consumption on the premises excluding, however, a snack
bar or refreshment stand on property owned by the Borough or the Board
of Education.
Shall mean the land and space required on the surface, subsurface
and overhead for the construction and installation of materials necessary
to provide passageway for vehicular traffic, pedestrians, utility
lines, poles, conduits and mains, signs, hydrants, trees and shrubbery
and the proper amount of light and air.
See boarding house.
Shall mean institutions for the purpose of general academic
instruction and accredited by the New Jersey Department of Education
not operated for profit.
Shall mean land and building designed or used for the sale of fuel, lubricants or automotive accessories or providing maintenance and minor repairs for motor vehicles, but not including body repairs or, under any circumstances, the storage of inoperable or wrecked vehicles. See subsection 17-5.20.
Shall mean a line drawn to a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" shall mean a line that is established a minimum distance from the street line or lot line and beyond which a building or part of a building is not permitted to extend in order to provide the required yards, except as provided in subsection 17-6.2.
The natural configuration and elevation of the center of the front setback line shall mean the elevation above sea level noted by New Jersey licensed engineer's or surveyor's report on the survey as measured before the undeveloped lot surface has been altered, or the elevation at this point on a lot with an existing building. See subsection 17-6.2 and 17-7.1.
Shall mean and include every sign, billboard, ground sign,
roof sign, sign painted or printed on the exterior surface of a building
or structure, illuminated sign, temporary sign, awning, banner or
canopy, and shall include any announcement, declaration, demonstration,
display, illustration or insignia used to advertise or promote the
interests of any person or product or anything that calls attention
to the building in question when the same is placed out of doors in
view of the general public.
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STORY - Shall mean that part of any building where the height
between the floor of one level and the floor or roof next above it
exceeds seven feet six inches, provided, that wherever the height
exceeds 14 feet it shall be considered two stories, and provided further
that at least 50% of the height of the story is above finished grade
along the front of the building. A basement or cellar shall not be
considered a story.
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HALF STORY - Shall be defined as attic space above or second
story which shall have a pitched roof to begin within 12 inches of
the ceiling joists line of the story below and which pitch shall have
a minimum slope of 30%. Such attic space, if finished, shall have
a minimum vertical wall of five feet in a finished area including
deck and balcony space not to exceed 50% of the second story living
space in the case of a 2 1/2 story structure. Chimneys shall
not be elevated more than three feet above the established ridge height.
Decorative structures such as, but not limited to, railings, widow
walks, parapets, etc., are not allowed to be more than an additional
two feet above the established ridge height. Dormers attached to half-stories
must meet the setback requirements included in the definition of dormers.
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Shall mean a right-of-way which is open to public travel
which has been dedicated to the State of New Jersey, County of Monmouth
or the Borough for public use. The street shall include the paved
traversable portion of the roadway, drains, curbs, gutters, sidewalks
and other improvements or land within the total right-of-way width
incidental to the improvements and maintenance of such street.
Shall mean the dividing line between the street right-of-way
and a lot.
See alteration, structural.
Shall mean a combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land; a principal structure shall be a structure used to facilitate or otherwise carry on the principal use of the lot on which the principal structure is located. (See subsection 17-5.15, Principal Structure; Principal Use.)
See pool, portable and private residential.
Shall mean one single family unit in a line of three or more
connected dwellings whether or not each dwelling unit is separated
by a fire wall or whether it is a line of connected semi-detached
units. Each single family unit may have one or two stories, but nothing
in this definition shall be construed to allow one dwelling unit above
another.
Shall mean a vehicle or residence on wheels, skids or rollers
without motor power, designed to be used for human habitation or for
carrying persons or property, including a trailer coach or house trailer.
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USE, ACCESSORY - Shall mean a use which is customarily associated
with and subordinate or incidental to the principal use of a lot or
building, both of which are located on the same lot.
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USE, PRINCIPAL - Shall mean the specific purpose for which a parcel of land or a building or portion of a building is designed, arranged, intended, occupied or maintained. See subsection 17-5.15.
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Shall mean a departure from the terms of this chapter authorized
by the Board of Adjustment or the governing body, as the case may
be, in accordance with State statutes.
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YARD, FRONT - Shall mean an open space, extending across the
full width of the lot and lying between the street line and the front
building line. (The depth of the front yard shall be measured horizontally
at right angles from the street line, or radially on a curved street,
to the front building line.)
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YARD, REAR - Shall mean an open space extending the full width
of the lot and lying between the rear building line and the rear lot
line. (The depth of the rear yard shall be the mean distance from
the rear lot line or its vertical projection to the part of the rear
building line that is nearest thereto at any story level, and shall
be measured at right angles to the rear lot line.)
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YARD, SIDE - Shall mean an open, unoccupied space between the
side line of the lot and the nearest wall of the building or structure
and extending from the front yard to the rear yard. The width of a
side yard shall be measured at right angles to the side line of the
lot.
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[Ord. #579, A III § 1; Ord. No.
09-2008 § 1; amended 8-11-2021 by Ord. No. 15-2021]
For the purpose of this chapter, the Borough is hereby divided
into Use Districts as follows:
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Symbol
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District
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Zone
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|---|---|---|
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1E
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1 East
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Single Family
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1W
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1 West
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Single Family
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2E
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2 East
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Convenience
Commercial
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2W
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2 West
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Convenience
Commercial
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3
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3
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Beach
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4
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4
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Recreational Open Space
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5
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5
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Affordable Housing
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[Ord. #579, A III § 2]
The boundaries of these districts are described in subsection 17-3.3. References therein to lot and block numbers are from "Tax Map of the Borough of Sea Girt, Monmouth County, N.J. prepared by Peter R. Avakian, P.E. & P.L.S., May 2003."
[Ord. #579, A III § 3]
The boundaries of these districts are described as follows:
a.
District 1, East. BEGINNING at a point in the centerline of Sea Girt
Avenue opposite the southwest corner of Lot 3, in Block 77 on the
Tax Map and continuing, thence;
1.
In a general easterly direction along the centerline of Sea Girt
Avenue to its point of intersection with the centerline of Ocean Avenue
as shown on "Tax Map of the Borough of Sea Girt, Monmouth County,
N.J. prepared by Peter R. Avakian, P.E. & P.L.S.," thence;
2.
In a northerly direction along the centerline of Ocean Avenue to
a point in the southerly line of Lot 1, Block 7 of the Tax Map, thence;
3.
In an easterly direction along the southerly line of Lot 1, Block
7 to a point in the southeast corner of Lot 1, thence;
4.
In a northerly direction along the easterly lines of Lots 1 through
11, Block 7, to a point in the northeast corner of Lot 11 thence;
5.
In a westerly direction along the northerly line of Lot 11, Block
7 to its point of intersection with the centerline of Ocean Avenue
as shown on Tax Map, thence;
6.
In a northerly direction along the centerline of Ocean Avenue to
a point opposite the easterly corner of Lot 16, Block 15, of the Tax
Map, thence;
7.
In a general northwesterly direction along the centerline of The
Terrace along the arc of a curve bearing to the left to a point opposite
the easterly line of Lot 1 in Block 16, thence;
8.
In a northerly direction long the easterly line of Lot 1 in Block
16 to a point, thence;
9.
In a westerly direction along the northerly line of Lot 1 in Block
16, to a point in the easterly right-of-way line of First Avenue,
thence;
10.
In a northerly direction along the easterly right-of-way line of
First Avenue to the centerline of Wreck Pond, thence;
11.
In a westerly direction along the centerline of Wreck Pond to a point
in the westerly line of the right-of-way of the N.J. Transit New York
and Long Branch Railroad Company, thence;
12.
In a southerly direction along the westerly line of the right-of-way
of the N.J. Transit New York and Long Branch Railroad Company to its
point of intersection with the centerline of Sea Girt Avenue, thence;
13.
In an easterly direction along the centerline of Sea Girt Avenue
to its point of intersection with the centerline of Sixth Avenue,
thence;
14.
In a northerly direction along the centerline of Sixth Avenue to
its point of intersection with the centerline of the south side of
Crescent Parkway, thence;
15.
In an easterly direction along the centerline of the south side of
Crescent Parkway to a point therein opposite the northwest corner
of Lot 11, Block 76, thence;
16.
In a southerly direction along the westerly line of Lot 11, to a
point at the northwest corner of Lot 6, thence;
17.
In an easterly direction along the northerly lines of Lots 6 through
1, Block 76 to a point in the centerline of Fifth Avenue, thence;
18.
In a southerly direction along the centerline of Fifth Avenue to
a point therein opposite the northeast corner of Lot 1, Block 77,
thence;
19.
In a westerly direction along the northerly lines of Lots 1 through
3, Block 77 to a point at the northwest corner of Lot 3, Block 77,
thence;
20.
In a southerly direction along the westerly line of Lot 3 to a point
in the centerline of Sea Girt Avenue said point being the point or
place of BEGINNING.
b.
District 1, West. BEGINNING at the point of intersection of the centerline
of Sea Girt Avenue and the centerline of Eighth Avenue, thence;
1.
In a northerly direction along the centerline of Eighth Avenue and
continuing along the centerline of N.J. State Highway #71 after its
junction with Eighth Avenue to the centerline of Wreck Pond, thence;
2.
In an easterly direction along the centerline of Wreck Pond to a
point in the westerly line of the right-of-way of the N.J. Transit
New York and Long Branch Railroad Company, thence;
3.
In a southerly direction along the westerly line of the right-of-way
of the N.J. Transit New York and Long Branch Railroad Company to its
point of intersection with the centerline of Crescent Place as extended
easterly across Bell Place and Lot 1, Block 91, thence;
4.
In a westerly direction across Bell Place and Lot 1, Block 91 to
the beginning of the centerline of Crescent Place, thence;
5.
In a westerly direction along the centerline of Crescent Place to
a point opposite the northwest corner of Lot 22, Block 105 of the
Tax Map, thence;
6.
In a southerly direction along the westerly line of Lot 22 to a point
at the southwest corner of Lot 22, thence;
7.
In an easterly direction along the southerly line of Lot 22 to a
point at the southeast corner of Lot 22, thence;
8.
In a southerly direction along the westerly line of Lot 1, Block
105 of the Tax Map to a point in the centerline of Sea Girt Avenue,
thence;
9.
In a westerly direction along the center line of Sea Girt Avenue
to the point or place of BEGINNING.
c.
District 2, East. BEGINNING at the point of intersection of the centerline
of Washington Boulevard and the centerline of Fifth Avenue, thence;
1.
In a northerly direction to a point in the centerline of Fifth Avenue
opposite the northeast corner of Lot 1, Block 76 of the Tax Map, thence;
2.
In a westerly direction along the northerly lines of Lots 1 through
6, Block 76, to a point at the northwest corner of Lot 6, thence;
3.
In a northerly direction along the westerly line of Lot 11, Block
76, to a point in the centerline of the southside of Crescent Parkway,
thence;
4.
In a westerly direction along the centerline of the southside of
Crescent Parkway to its point of intersection with the centerline
of Sixth Avenue, thence;
5.
In a southerly direction along the centerline of Sixth Avenue to
its point of intersection with the centerline of Sea Girt Avenue,
thence;
6.
In an easterly direction along the centerline of Sea Girt Avenue
to a point therein opposite the southwest corner of Lot 3, Block 77,
thence;
7.
In a northerly direction along the westerly line of Lot 3 to the
northwest corner of Lot 3, thence;
8.
In an easterly direction along the northerly lines of Lots 3 through
1, Block 77 to a point in the centerline of Fifth Avenue, thence;
9.
Northerly along the centerline of Fifth Avenue to the point or place
of BEGINNING.
d.
District 2, West. BEGINNING at the point of intersection of the centerline
of Sea Girt Avenue and the westerly line of the right-of-way of the
N.J. Transit New York and Long Branch Railroad Company, thence;
1.
In a westerly direction along the centerline of Sea Girt Avenue to
a point opposite the southwest corner of Lot 1, Block 105 of the Tax
Map, thence;
2.
In a northerly direction at right angles to the centerline Sea Girt
Avenue along the westerly line of Lot 1 to a point in the southerly
line of Lot 22, Block 105 of the Tax Map, thence;
3.
In a westerly direction along the southerly line of Lot 22 to a point
at the southwest corner of Lot 22, thence;
4.
In a northerly direction along the westerly line of Lot 22 to the
centerline of Crescent Place, thence;
5.
In an easterly direction along the centerline of Crescent Place to
a point in the westerly line of the right-of-way of the N.J. Transit
New York and Long Branch Railroad Company, thence;
6.
In a southerly direction along the westerly line of the right-of-way
line of the N.J. Transit New York and Long Branch Railroad Company
to the point or place of BEGINNING.
e.
District 3. All of the land east of the centerline of Ocean Avenue
as shown on "Zone Map of the Borough of Sea Girt prepared by Leon
S. Avakian, Inc., October, 2005" and as the line would extend to the
north and south boundaries of the Borough; and that parcel of land
bounded on the south by the centerline of The Terrace, on the west
by the easterly and northerly line of Lot 1 in Block 16, and on the
north by the centerline of Wreck Pond.
f.
District 4. All of the land of the Borough not included in District
1 through 3 and bounded as follows: On the north by the centerline
of Sea Girt Avenue, on the west by the west boundary of the Borough,
on the south by the south boundary of the Borough and on the west
by the west boundary of District 3.
g.
District
5. The properties designated as Block 76, Lot 1, Block 76, Lot 2 Block
77, Lot 16, and Block 77, Lot 17 on the Borough of Sea Girt’s
tax map.
[Added 8-11-2021 by Ord. No. 15-2021]
[1]
Editor's Note: The Tax Map referred to herein may be found
on file in the Borough Offices.
[Ord. #936, § 1; Ord. No. 09-2008]
The Boundaries of these districts are hereby established and
shown on the map entitled "Zone Map of the Borough of Sea Girt prepared
by Leon S. Avakian, Inc., June 21, 2008," which is hereby adopted
by reference and made a part of this chapter.
[1]
Editor's Note: The Zoning Map dated June 21, 2008 is included as an attachment to this chapter.
[Ord. #579, A III § 5]
District boundary lines are intended to follow street and watercourse
centerlines or property lines as they exist at the time of enactment
of this chapter. The exact location of any disputed boundary line
shall be determined by the Planning Board.
[Ord. #579, A III, § 7]
Where a vacated street is bounded on either side by different
districts the former center line of the vacated right-of-way shall
be considered the new district line.
[Ord. #579, A IV, § 1; Ord. #621, §§ 2,3;
Ord. #749, § 4; Ord. #755, § 14; Ord. #759, § 2;
Ord. #825, § 5; Ord. #855, § 3; Ord. No. 09-2008; Ord. No. 15-2014 § 1; Ord. No. 02-2016; Ord. No. 06-2017 § 3; Ord. No. 17-2018; Ord.
No. 19-2018 § 3; Ord.
No. 20-2018 § 2; 8-11-2021 by Ord. No. 15-2021]
The restrictions and controls intended to regulate construction and use of land or buildings in each zoning district are set forth in the "Schedule of Limitations" included as an attachment to this chapter.
[Ord. #579, A IV, § 2; Ord. #627, § 2]
No building or tract of land shall hereafter be used, erected,
altered, converted, reduced or enlarged, wholly or in part, except
in compliance with this chapter.
[Ord. #627, § 2]
No alteration of the existing natural configuration and elevation
of any lands or lots shall be made without the permission of the Borough
Engineer. Such permission shall be granted only where it is demonstrated
that by reason of exceptional topographical conditions or physical
features uniquely affecting a specific piece of property such alteration
is necessary for the exercise of a permitted use of such property.
Such permission will only be granted to the extent absolutely necessary
to render the premises suitable for such permitted use. The decision
of the Borough Engineer may be appealed to the Board of Adjustment
or to the Planning Board in connection with an application for subdivision
or site plan approval.
[Ord. #579, A IV, § 3]
Where a new lot is created out of a lot already occupied by
a building, such subdivision shall be effected so as not to violate
any of the requirements of this chapter with respect to each resulting
lot.
[Ord. #855, § 4-1; Ord. #892 § 1; Ord. No. 15-2014 § 2; Ord. No. 02-2016 § 3; Ord. No. 20-2018]
b.
Each lot having a single-family dwelling thereon shall have a garage,
accessible by an automobile from the street, of no less than 275 square
feet nor greater than 500 square feet. There shall be no more than
one garage for each principal building. The garage shall be one of
the following:
1.
A freestanding garage no higher than 16 feet as measured pursuant
to the ordinances of the Borough of Sea Girt; or
2.
An attached garage no higher than 16 feet as measured pursuant to municipal ordinance and which meets all setback requirements for the principal building to which it is attached. An attached garage shall not be used in the calculation of building coverage pursuant to subsection 17-5.3, Building Coverage. No habitable space of any kind shall be permitted above an attached garage. The attached garage shall not extend beyond the building line of the principal building. Notwithstanding the foregoing, any attached garage, the doors of which face upon any street, improved or otherwise, shall be set back from the building line of the principal dwelling of which the attached garage forms a part by a minimum of five feet. A garage attached to the principal building by breezeway or other covered structure shall be considered as an attached garage.
3.
An integrated garage shall meet all of the setback requirements of the principal building of which it is a part. If a principal building contains an integrated garage, such garage shall be included in the calculation of lot coverage pursuant to subsection 17-5.3 Building Coverage. An integrated garage may have habitable space above. The integrated garage shall not extend beyond the building line of the principal building. Notwithstanding the foregoing, any integrated garage, the doors of which face upon any street, improved or otherwise, shall be set back from the building line of the principal dwelling of which the integrated garage forms a part by a minimum of five feet.
4.
Basement areas below accessory and/or garage structures are limited
to use as storage space only; garage basement dwelling units are not
permitted. Accessory and/or garage structures constructed with basement
areas shall be included in the lot coverage calculation.
c.
Additional Accessory Buildings. In addition to the garage as set forth in paragraph b above, each single-family dwelling may have one additional accessory building of no more than 120 square feet and no higher than eight feet in wall height, with a maximum 9/12 pitched roof. The additional accessory building may be freestanding or attached to, but shall not access, either the garage or the principal building. If attached to the principal building the additional accessory building shall not be included as part of the principal building's lot coverage pursuant to subsection 17-5.3, Building Coverage. Such additional accessory building shall be limited in use to a changing room, a bathroom, a storage shed, a pool equipment shed, or a combination thereof. The accessory building shall not be heated, shall not have any cooking facilities, and shall not be used for any other activity of daily living except as set forth herein.
d.
Location of Parking. An accessory building or a private parking area
shall not be located in any required front yard space, except that
nothing shall prohibit an owner of a home from counting his driveway
as a parking space. If located on a corner lot, an accessory building,
or a private parking area, shall be set back from the side street
to comply with the setback line applying to the principal building
for the side street.
e.
Distance from Adjacent Building and Property Line When a Garage Is
Freestanding and/or the Accessory Structure Is Not Attached to the
Principal Structure. The minimum distance of any detached accessory
structure, including a freestanding garage, from a side property line
and an adjacent building on the same residential lot shall be five
feet. The minimum distance of any detached accessory building, including
a freestanding garage, from a rear property line shall be three feet.
In case of a corner lot abutting two or more streets, no detached
accessory buildings, including freestanding garages, shall be erected
in violation of any side yard setback requirements. No accessory structures,
including freestanding garages, shall violate the front yard setback
requirements of any lot.
f.
Additional Accessory Buildings Specified in Paragraph c. Above as
Set Forth as Part of Principal Building. The accessory building pursuant
to paragraph c above may be erected as part of a principal building,
provided that all setback requirements of this chapter for the principal
building including the attached accessory building, are complied with.
g.
Accessory Buildings Not to Be Constructed Prior to Principal Building.
Notwithstanding any other provisions of this chapter, no building
permit shall be issued for the construction of an accessory building
prior to the issuance of a building permit for the construction of
the principal building to which the accessory building is accessory.
If construction of the principal building does not precede or take
place at the same time with the construction of the accessory building,
the Construction Official shall have cause to revoke the building
permit for the accessory building.
h.
Second Dwelling Prohibited. There shall not be more than one single
family residential building on a lot.
i.
Building coverage. The maximum permitted building coverage on any residential lot shall be the equivalent of 20% of lot size, calculated as described in the definition of building coverage as that term is defined in Section 17-2.
j.
Impervious Coverage. The maximum permitted impervious coverage on
any residential lot shall be the equivalent of 35% of lot size, including
all site features other than principal dwelling. Garage and accessory
structure, driveways, walkways, patios, covered decks, decks installed
over impervious materials, recreational facilities/courts, swimming
pools with installed coping on less than four sides, sheds, cabanas,
porches and all other areas covered by pavers or impervious material
are included in the calculation of impervious coverage.
k.
An uncovered deck installed over a pervious surface shall be excluded
from the calculation of impervious coverage.
l.
Dry Well(s) Requirement. Dry well(s) must be installed when a new
principal dwelling is being constructed on a residential property.
The dry well(s) must be designed to capture one gallon of roof run-off
for every seven square feet of the lot area, with a minimum dry well
to capture 1,100 gallons of roof runoff. The calculations for the
dry well(s) must be prepared by the property owner's professional
engineer and verified by the Borough Engineer prior to the granting
of any zoning or building permits.
A residential lot that is constructing improvements to the principal
dwelling that will exceed the maximum building coverage will require
a drywell(s). The drywell(s) must be designed to capture 0.6 gallons
of roof runoff for every square foot over the maximum building coverage
allowed. The calculations for the dry well(s) must be prepared by
the property owner's professional engineer and verified by the Borough
Engineer prior to the granting of any zoning or building permits.
[Ord. No. 14-2017 § 1;
prior history includes Ord. #855, § 4-1; Ord. No. 15-2014 § 3]
a.
BASEMENT OR CELLAR
Definition: For purposes of this section, the following definition
shall prevail:
Shall mean a story having more than 50% of its height below
finished grade.
b.
A grading and drainage plan shall
be submitted with the permit application which plan shall include:
a.
A full depth soil boring to the seasonal high groundwater table as
prepared by a fully licensed Professional Engineer.
b.
Location of existing and proposed grades.
c.
Groundwater conditions.
d.
Construction activities shall be undertaken in accord with all governmental
agencies including, but not limited to, the regulatory requirements
of the Freehold Soil Conservation District which include, but are
not limited to, the following: Stone Tracking Pad; Perimeter Silt
Fence; Hay Bale Inlet Protection; Zero Silt Runoff from Residential
Property; No off Site Discharge of Construction Dewatering Activities.
e.
Bottom elevation of the basement or cellar shall not be less than
two feet above the seasonal high groundwater elevation, as defined
by January 1 through April 1 of each year.
[Ord. No. 19-2018 § 4; Ord. No. 20-2018 § 3; prior history
includes Ord. #855, § 4-1; Ord. No. 15-2014 § 4]
a.
Home Office Use in Residential Zones:
Home office use, meaning an office activity carried on for gain
by a resident in a dwelling unit, shall be permitted accessory use
in residential zone districts, provided:
1.
The use is limited solely to office use;
2.
The use is operated by or employs in the residence only a resident
or residents who are permanent full-time residents of the dwelling
unit, and no other person;
3.
The use shall be located in only one room of the dwelling unit, which
shall not be served by an entrance separate from the household;
4.
Interior storage of materials shall only consist of office supplies;
5.
There shall be no change to the exterior of buildings or structures
because of the use, and no outside appearance of a business use, including,
but not limited to, parking, storage, signs or lights;
6.
The use operates no equipment or process that creates noise, vibration,
glare, fumes, odors or electrical or electronic interference, including
interference with telephone, radio or television reception, detectable
by neighboring residents;
7.
The use does not require any increased or enhanced electrical or
water supply;
8.
The quantity and type of solid waste disposal is the same as other
residential uses in the zone district;
9.
The capacity and quality of effluent is typical of normal residential
use, and creates no potential or actual detriment to the sanitary
sewer system or its components;
10.
Delivery trucks shall be limited to U.S. Postal Service, United Parcel
Service, Federal Express and other delivery services providing regular
service to residential uses in the zone district;
11.
All vehicular traffic to and from the home office shall be limited
in volume, type and frequency to what is normally associated with
other residential uses in the zone district.
b.
Schools, (as defined in § 17-2 Definitions) churches and similar places of worship, parish houses, convents, church schools and libraries that are owned and operated by duly incorporated religious organizations shall be permitted in all zones of the Borough of Sea Girt, subject to the following limitations and requirements:
1.
The minimum lot size shall be three-quarters of an acre for each
building and accessory buildings. One parish house, convent, church
school and church library may be constructed as part of a building
used as a church or similar place of worship or in combination or
singly as accessory buildings.
2.
The minimum front yard depth shall be 50 feet.
3.
The minimum side yard shall be 20 feet on both sides.
4.
The minimum rear yard depth shall be 50 feet.
5.
The minimum street frontage shall be 125 feet.
6.
The maximum building height shall be two stories, not to exceed 50
feet to the highest point of any building, exclusive of chimneys,
steeples and similar items.
7.
Parking areas shall be located only in the side yards and rear yard
and not in the buffer strips required by paragraph h below.
8.
Buffer strips 10 feet in width with planting, as indicated by the
location and existing trees and undergrowth, shall be maintained all
along the side lines and rear line. No trees shall be removed in the
buffer strips unless approved by the Planning Board.
9.
There shall be a minimum of one separate entrance and one separate
exit from and to a public street, collector road or arterial road.
10.
No building permit shall be issued unless a site plan has been approved
in writing by the Planning Board.
11.
The Planning Board, in making its determination, shall be guided
by the following standards in order that such uses may be properly
related to the orderly and harmonious development of the community.
(a)
The proper relationship of the particular structures and other
features shown on the site plan to one another and to present and
proposed structures and other features in the area.
(b)
The proper relationship of parking areas, driveways and approaches
to roadways and traffic flow on roadways and on private or public
property in the area.
(c)
The proper relationship of structures and other features to
the contours of the land.
(d)
The proper maintenance of natural features, trees and foliage.
(e)
The proper development of buffer strips as required by paragraph
8 above.
(f)
Such matters as relate to the planning and physical development
of the Borough of Sea Girt.
[Ord. #855, § 4-1; Ord. No. 20-2018; amended 10-26-2021 by Ord. No. 14-2021]
All exterior mechanical equipment, including units for heat,
ventilation, air- conditioning, pool pumps and accessories, heat pumps,
other than individual air- conditioners and permanently installed
generators, to serve a building shall be located in the rear yard
and/or on the top story of either the principal building or accessory
buildings, either inside or outside. If installed in the yard, they
shall comply with the rear yard and setback provisions. If installed
on the buildings they shall not be visible from the front or side
street and shall be located behind physical buffer such as a parapet
wall or solid short fence so as to dampen noise effects on neighboring
properties.
[Ord. #855, § 4-2]
a.
In all residential districts, no building in which a permitted professional
office is located shall be altered in such a way as to make its exterior
design and appearance incompatible and inharmonious with a strictly
residential appearance. Commercial and store front designs are prohibited.
b.
Unfinished concrete block or cinder block wall surfaces are prohibited
in all districts.
[Ord. #855, § 4-2]
a.
A chimney shall not project more than 18 inches into any required
setback area. The projection of any chimney more than 18 inches shall
be considered part of the principal building and shall conform to
all setback requirements. Any chimney that has a parallel length along
its base on the outside wall of more than eight feet will have its
base area considered as part of the principal structure and will comply
with all setbacks and will be included in the square footage requirements
of that structure.
b.
Chimney construction material permitted will be of the following:
factory built units, masonry chimneys, or metal smoke stacks, all
of which may be covered with wood or synthetic siding conforming to
fire code requirements and dimensions. Chimney will have covered cleancuts
installed in the base to enable ash pits to be cleaned.
c.
The height of the chimney shall be measured from the center point
of the front setback line at natural elevation to the top of the cap.
Chimney height will project vertically a minimum of two feet, but
not more than four feet, above the highest covered point on the roof
it adjoins from which it protrudes. Vent systems and flues will be
installed so as to rise not more than one foot above the top surface
of the chimney. Flues and vents exhausting smoke, sparks or gases
generated by furnaces or heating units will be capped by a precipitation
or animal guard covered on each side by heavy duty metal mesh. The
cap will be included in the height consideration.
[Ord. #855, § 4-3]
All principal buildings in all districts shall be clearly identified
with a house number, legible and clearly visible from the abutting
street.
[Ord. #855, § 4-4]
Except as otherwise provided herein, it shall be unlawful to relocate, erect, construct, reconstruct, enlarge, structurally alter, or use any building, structure, or land, except in conformity with the regulations of the district in which such building or structure is located or in accordance with subsection 17-6.1 or 17-6.2. (See also subsection 17-5.12, Nonconforming Uses, Structures or Lots.)
[Ord. #855, § 4-5]
Except as hereinafter specified, any use, building or structure, lawfully existing at the time of the enactment of this and all prior Zoning Ordinances may be continued even though such use, building, or structure may not conform with the provisions thereof for the district in which it is located. (See subsection 17-5.12, Nonconforming Uses, Structures or Lots).
[Ord. #855, § 4-6]
The conversion of any existing nonresidential building in a
residential district to a dwelling shall be encouraged provided such
conversion shall conform with all the provisions of this chapter.
[Ord. #855, § 4-7; Ord. #892 § 2; Ord. No. 02-2016 § 3]
a.
Structural fences or line walls may be erected, altered or reconstructed
to a height not to exceed three feet above ground level when located
within the area bounded by the front building line as established
by this chapter and the front lot line for the full width of the lot.
In the case of a corner lot, except for fences that must meet all
governmental requirements for swimming pools, the height limitation
of three feet shall extend to the side yard area adjacent to the side
street bounded by the side building line, and the side lot line for
the full depth of the lot.
Structural fences or line walls may be erected, altered, or
reconstructed to a height not to exceed four feet above ground level
when located in any portion of a lot other than the areas described
above.
b.
For the purposes of a fenced patio and/or pool, structural fences
may be erected, altered, or reconstructed to a height not to exceed
six feet above ground level when located within that portion of the
rear yard bounded by the side lines of the building or structure as
extended to a point five feet from the rear property line and a line
parallel to the rear property line distant five feet therefrom.
c.
In the case of a corner lot, and for the purposes of a fenced patio
and/or pool, structural fences may be erected, altered, or reconstructed
to a height not to exceed six feet above the ground level when located
in either the rear yard or the lot or the side yard thereof having
but one street frontage. In either case, however, the location of
the structural fence shall be confined to that area bounded by the
side lines of the building or structure as extended to a point five
feet from the rear or side property line and a line parallel thereto
and five feet distant therefrom.
d.
The foregoing restrictions shall not be applied to prevent the erection,
alteration, or reconstruction of structural fences or line walls to
a height not exceeding five feet above ground level located on any
side or area lines of a lot abutting a public park.
e.
The owner of any residential use abutting a commercial use may construct
a six foot fence of solid construction, to shield the residential
use along the common property line adjoining such commercial use as
follows:
1.
Along the entire common rear property line; and/or
2.
Along the common side property line from a point even with the front
building line of the principal residential structure, back to the
rear property line of the residential structure. A residential property
running from one street back to another street, shall be deemed, for
the purpose of this subsection, to have two front yards and no rear
yard, so that the six foot solid fence permitted hereby may only run
the length of the building setback envelope from a point even therewith
along the common side property line.
f.
The following materials are prohibited in the construction of any
structural fences or line walls permitted by this chapter: barbed
wire, corrugated metal, expended metal, broken glass, spikes, sharp
pointed stones, sharp pointed metal of any description, electrified
wire.
g.
The placement of any signs, words, lettering or posters other than
initials, names, and/or addresses of the resident are prohibited on
any structural fences or line wall(s) permitted in this chapter.
h.
All fences shall be constructed so that the finished side of the
fence shall face the exterior property lines.
i.
Decks, patios, colonnades, arbors and similar structures without
roofs may be attached or detached from buildings. These structures
shall not be permitted in the front or side yards. The minimum distance
from the side lot line shall be five feet and from the rear lot line
shall be three feet. In the case of a corner lot abutting on two streets,
there shall be no invasion of yards adjacent to either street. Unless
specifically permitted elsewhere in this chapter, no structure of
any kind may be placed within the defined setback and side yard areas.
[Ord. #855, § 4-8]
a.
Except as otherwise provided herein, the lawful use of land or structures
prior to the effective date of this chapter[1] and all prior Zoning Ordinances of the Borough of Sea Girt may be continued although such use does not conform to the regulations set forth therein for the zone in which such land or structure is located; provided, however, that no such building, land or structures, shall be enlarged, extended, constructed, reconstructed, substituted, relocated, erected, converted to another use, or structurally altered, except in conformity with the regulations of this chapter for the district in which such land or structure is located except as allowed in Section 17-6, Exceptions and Modifications.
[1]
Editor's Note: Adopted by Ordinance No. 579 on May 12, 1987.
b.
Abandonment. A nonconforming use which has become conforming or has
been abandoned may not be resumed.
c.
Restoration of Nonconforming Structure. If any nonconforming structure
shall be destroyed or damaged by reason of windstorm, fire, explosion,
or other act of God, or by the intentional destruction of such nonconforming
structure by way of demolition, reconstruction, or otherwise by its
owner, or by one working under the authority of, or on behalf of its
owner, the nonconforming structure may be rebuilt, reconstructed,
or otherwise restored, if such destruction affects less than 50% of
the cubic footage of the structure as it existed before such destruction
occurred.
If the destruction to any nonconforming structure is 50% or
more of the cubic footage of the structure as it existed before such
destruction, then the entire structure shall only be rebuilt, reconstructed,
or otherwise restored in conformance with the municipal zoning ordinances
so that the structure shall no longer be nonconforming. Nothing in
this section shall prevent the strengthening or restoring to a safe
condition of any wall, floor, or roof, which has been declared unsafe
by the Construction Official.
When any building being utilized for a nonconforming use is
destroyed or damaged by any reason or cause so that such destruction
affects 50% or more of the cubic footage of such building, such nonconforming
use may not be resumed and the nonconforming use shall be deemed terminated.
The Borough Zoning Officer shall determine the extent of destruction
upon the owner's application for a Building Permit or upon Zoning
Officer's own inspection.
[Ord. #855, § 4-9]
All uses, whether permitted or granted by variance, shall comply
with the provisions of this section.
a.
Landscaping. Screen planting of a dense evergreen material shall be provided in any location where lights from vehicles in an off-street parking area designed for five or more vehicles may shine directly into windows of adjacent residential buildings. The height of such screen planting shall conform with the provisions of subsection 17-5.11.
b.
Lighting. Any lighting used to illuminate an off-street parking area
shall be arranged so that the light is directed or reflected away
from any residential premises and public streets.
c.
Setbacks. Parking areas for more than five vehicles shall be separated
from the street right-of-way or other property line by a setback of
sufficient distance to prevent any part of a vehicle from overhanging
the street right-of-way, property line, or internal sidewalks. No
parking area shall be an extension of a street right-of-way.
d.
Surfacing and Curbing.
1.
All driveways and off-street parking space shall be surfaced with
an asphalt or concrete material so as to be hard surfaced, susceptible
to effective drainage and dust free in accordance with the street
specifications of Land Subdivision, Chapter XVI.
2.
All off-street parking space, with the exception of single-family
residences, shall have curbing or concrete or Belgian Block set in
concrete to prevent vehicles from driving on required landscaped areas
and street right-of-way to insure that such parking area has controlled
entrances and exits.
3.
All off-street parking areas designed for five or more vehicles shall
have adequate designations to indicate traffic flow and parking spaces.
4.
Location of Parking. An off-street parking area for five or more
vehicles may occupy front, side, and rear yard areas. Nothing shall
prohibit driveways of one family dwellings from being considered as
one off-street parking space per family.
5.
Type of Facility. Parking spaces for commercial vehicles may be located
either on the surface of the ground or within the commercial building.
6.
Requirements to Be Met at Time of Construction. All minimum requirements
for off-street parking shall be met at the time of erection or enlargement
of any principal dwelling or structure and shall provide separate
provisions for adequate ingress and egress.
7.
The parking space provisions shall also include adequate driveway
and necessary turning areas for maneuvering the number of vehicles
for which provision is made. Aisles providing access to all parking
spaces shall be required and shall be at least 25 feet wide.
[Ord. #855, § 4-10]
Nothing in this chapter shall require any change in the plans,
construction, size, or designated use of any building, structure,
or part thereof for which any building permit has been granted before
the enactment of this chapter, provided that construction, based upon
plans, shall have commenced within 60 days of enactment of this chapter
and shall be diligently pursued to completion within the time limits
as prescribed by the Construction Code.
[Ord. #855, § 4-11]
[Ord. #579, A V, § 12]
No open space provided around any principal building for the
purposes of complying with the front, side, rear or other yard provisions
of this chapter shall be considered as providing open space for meeting
the same requirements for another principal building.
[Ord. #579, A V, § 13]
a.
No service station shall have an entrance or exit for vehicles within
200 feet, on the same side of the street, from a school building,
public playground, church, public building or institution except where
such property is on another street which the lot in question does
not abut. No service station shall be located on property the nearest
boundary of which would be within 1,000 feet of property upon which
another station is already located. The distance shall be measured
on a straight line from the nearest property line of one to the nearest
property line of the other.
b.
No service station oil draining pit or other structure or appliance
(other than gas and air pumps) shall be located within 20 feet of
any street line or within 50 feet of any residential district, unless
such appliance or pit is within a building. Gasoline pumps and air
pumps within the required front yard space shall be no closer than
15 feet to the front line.
c.
No unregistered or junked motor vehicle or part thereof, scrap metal
or motor vehicle incapable of normal operation upon the highways shall
be permitted on the premises of any service station. It shall be deemed
prima facie evidence of violation of this chapter if more than three
motor vehicles are located for a period of 24 hours upon any premises
not within a closed and roofed building.
[Ord. #579, A V, § 14]
All uses, whether by variance or as a permitted use, shall comply with the provisions of this subsection. Signs shall be attached to buildings or, if free-standing, the setback shall be at least 10 feet and sufficient so as not to interfere with the public right-of-way. No sign of any type shall be permitted to obstruct driving vision, traffic signals and signs, and other places of business. See Schedule of Limitations included as an attachment to this chapter.
a.
Animated or Illusionary Signs. Signs using mechanical or electrical
devices to display movement or the illusion of movement are prohibited.
b.
Flashing Signs. Signs with flashing, rotating or otherwise animated
lights are prohibited.
c.
Illuminated Signs. Where permitted, illuminated signs shall be so
arranged as to reflect the light and glare away from adjoining premises
in any residential district or adjoining highway and shall not constitute
a nuisance. Illuminated signs shall comply with all Federal and State
Codes.
d.
Installation and Maintenance. Signs, together with all supports,
braces, guys and anchors, shall be constructed of durable materials
and maintained in good condition.
e.
Professional Signs. Where permitted, professional signs shall not
exceed two square feet in area per side except that a church, school
or other public or institutional building may have for its own use
an announcement sign or bulletin board not over 12 square feet in
area which, if not attached to the building, shall be at least 12
feet from all street lines.
f.
Real Estate Signs. Real estate signs advertising the sale, rental
or lease of the premises or portion thereof shall be set back at least
20 feet from all street lines and shall not exceed six square feet
in area.
g.
Removal of Signs. Signs shall be removed by the advertiser within
30 days after completion or termination of the purpose for which they
were erected.
h.
View. Signs and structures of all types shall be positioned to allow
a clear, unobstructed view from street intersection stop lines and
driveway and street intersections for a distance of 600 feet to the
right and left.
i.
Sign Area. The area of a framed sign shall be measured from the outward
edges of the frame. The area of a sign that is not framed shall be
measured from its outward edges. Signs with two exposures shall be
measured for area by using the surface dimensions of both sides of
the sign.
[Ord. #579, A V § 15; Ord. #755 § 12;
Ord. #23-2013; Ord. No. 02-2014; Ord. No. 18-2015]
a.
SWIMMING POOL
Definition: For purposes of this subsection, the following definition
shall prevail:
Shall mean any pool artificially constructed, any part of
which is more than 18 inches in depth designed, used, and maintained
for swimming and bathing purposes by an individual for use by members
of his or her household and guests located on a lot as an accessory
use to a conforming use, as now, or hereafter zoned.
b.
Regulations.
1.
It shall be unlawful to establish or construct or use a swimming
pool within the Borough of Sea Girt without first obtaining a permit
from the Zoning Officer and Construction Official in the manner hereinafter
prescribed.
2.
Permits. An application for a permit to construct a swimming pool
shall be accompanied by four sets of plans which shall adhere the
following:
(a)
A grading and drainage plan shall be submitted with the permit
application which plan shall include:
(1)
A full depth soil boring to the seasonal high groundwater table
as prepared by a fully licensed professional engineer.
(2)
Location of existing and proposed grades.
(3)
Groundwater conditions.
(4)
Dimensions and location of the proposed pool, including setback
requirements as per the Borough's ordinance.
(5)
Direction of run-off.
(6)
Direction of discharge from pool equipment.
(7)
Location of mechanical equipment.
(8)
Location and height of pool enclosure fencing with self- closing
and self-latching gates.
3.
All swimming pools shall be located in the rear yard area of the
property.
4.
Pools shall occupy no more than 800 square feet as measured along
the surface of the water.
5.
Bottom elevation of the pool structure shall not be less than two
feet above the seasonal high groundwater elevation, as defined by
January 1 through April 1 of each year.
6.
No portion of a swimming pool shall be closer than 10 feet to a property's
building line or any structure located on the premises.
7.
Where a pool will be constructed on a corner lot, no swimming pool
shall be located closer to the side street property line than the
setback requirement for that particular street in accordance with
the Borough's ordinance regarding same.
8.
Swimming pools may be constructed with underwater lighting systems
or exterior lights or both, provided that all exterior lights are
located so that the light is directed or shaded in such a manner that
no direct rays of light therefrom fall more than three feet upon any
adjacent lots, and such light is neither directed nor reflected in
such way as to cause a nuisance or annoyance to neighboring properties.
All swimming pool lighting shall be in conformance with State Electrical
Codes.
9.
Swimming pools shall be completely surrounded by protective fencing
with a minimum of four feet in height, but no more than six feet in
height, which fencing shall include self-closing and self-latching
gates. If pool fencing exceeds four feet in height, it shall be set
back from the rear lot line at least five feet, and bounded by the
side building lines. Such fences shall be suitably landscaped to minimize
the visual impact on adjacent residential uses.
10.
No sound amplifying systems shall be permitted in connection with
a swimming pool.
11.
Discharge System. No swimming pool shall be drained into or cause
to be overflowed into the municipal sanitary sewer system or into
the public streets of the municipality. No pool's filter system shall
be connected in any manner with the municipal sanitary sewer system.
12.
Swimming pools shall be constructed with an adequate system for surface
disposal by absorption upon the property of the owner, without drainage
onto any adjoining property. No such system shall be permitted to
allow drainage to pump back into the ground by a system through lines
other than the source of supply, or connected with the storm sewer
system, if an underground system must be constructed on site to control
runoff.
13.
No swimming pool shall be constructed except as an accessory use
to a dwelling on the same lot. The vertical walls of the pool shall
not be nearer to any street than that which is permitted by the relevant
setback requirements as per the Borough's ordinance. No swimming pool
shall be constructed within 10 feet of any rear or side property lot
line or any existing structure. No pool shall be constructed at an
elevation greater than 12 inches higher than the unaltered existing
ground elevation.
14.
No pool fence shall remain open, unlocked or unlatched, except when
said pool is in use.
15.
No pool shall remain with water therein or without an adequate and
safe cover for a period in excess of 30 days, unless the dwelling
house, to which it is an accessory use, is occupied.
16.
Construction activities shall be undertaken in accord with all governmental
agencies including, but not limited to, the regulatory requirements
of the Freehold Soil Conservation District which include, but are
not limited to, the following: Stone Tracking Pad; Perimeter Silt
Fence; Hay Bale Inlet Protection; Zero Silt Runoff from Residential
Property; No Off-Site Discharge of Construction Dewatering Activities.
17.
No Certificate of Occupancy shall be issued by the Construction Officer
until endorsed by the Zoning Officer certifying that the completed
construction and development complies with the requirements of this
chapter. Prior to such endorsement, the Zoning Officer shall have
been provided by the owner at the time of inspection, three raised
seal "As Built" surveys. These surveys shall clearly show all work
done and the Zoning Officer at his discretion may require additional
surveys.
c.
Exemption. Nothing herein shall be construed to allow the construction
of a swimming pool for public use within the Borough of Sea Girt.
d.
Enforcement.
1.
Every private swimming pool constructed, installed, and maintained
in the Borough shall, at all times comply with any and all governmental
regulations including, but not limited to, all State and local Health
Codes. Any nuisance or hazard to health that may exist or develop
in or in consequence of or in connection with any such private swimming
pool shall be forthwith abated and removed by the owner, lessees or
occupant of the premises on which the pool is located, upon receipt
of notice from the Code Enforcement Officer of the Borough.
2.
It shall be the duty of the Code Enforcement Officer to enforce the
provisions of this subsection. All complaints shall be filed with
the Code Enforcement Officer.
3.
The owner of any swimming pool within the Borough shall allow the
Code Enforcement Officer, Construction Official or other authorized
municipal official access to any swimming pool and appurtenances thereto
for the purpose of inspection to ascertain compliance with this subsection
and all other pertinent Borough ordinances, at all reasonable times.
[Ord. #632, § 1]
a.
Materials designated in the Sea Girt Recycling Ordinances shall be
separated from other solid waste by the generator and a storage area
for recyclable material shall be provided as follows:
1.
For each subdivision application for 50 or more single-family units,
the applicant shall provide a storage area of at least 12 square feet
within each dwelling unit to accommodate a four week accumulation
of mandated recyclables (including but not limited to: newspaper,
glass bottles, aluminum cans, tin and bi-metal cans). The storage
area may be located in the laundry room, garage, basement or kitchen.
2.
For each subdivision application for 25 or more multi- family units,
the applicant shall provide a storage area of at least three square
feet within each dwelling unit to accommodate a one week accumulation
of mandated recyclables (including but not limited to: newspaper,
glass bottles, aluminum cans, tin and bi-metal cans). The storage
area may be located in the laundry room, garage, or kitchen. Unless
recyclables are collected on a weekly basis from each dwelling unit,
one or more common storage areas must be provided at convenient locations
within the development.
3.
For each site plan application for commercial and industrial developments
that utilize 1,000 square feet or more of land, the applicant shall
provide the Municipal Agency with estimates of the quantity of mandated
recyclable materials (including but not limited to: newspaper, glass
bottles, aluminum cans, tin and bi-metal cans, high grade paper, and
corrugated cardboard) that will be generated by the development during
each week. A separate storage area must be provided to accommodate
a one to four week accumulation of recyclable material. The Municipal
Agency may require the location of one or more common storage areas
at convenient locations within the development.
[Ord. #22-2013]
a.
PORTABLE STORAGE UNIT
Definition: For purposes of this subsection, the following definition
shall prevail:
Shall mean any box-like container transported by truck or
trailer to a desired location for drop off with a storage capacity
of more than 1,024 cubic feet. A commonly accepted name for storage
units of this type is "PODS®," an acronym
for portable on-demand storage.
b.
Regulation of Portable Storage Units; Permit Required.
1.
The maximum allowable size for a portable storage unit in a residential
district shall be eight feet in height by eight feet in width by 16
feet in length.
2.
Not more than one portable storage unit shall be permitted and said
storage unit must be located on a paved surface.
3.
The placement of any portable storage unit must comply with the side
and rear lot set back line requirements in accordance with the applicable
Borough ordinance and shall be placed no closer than five feet from
any property line.
4.
A portable storage unit may be utilized on site for a period not
to exceed 15 days in any 365-day-period.
5.
A valid permit from the Borough Clerk's Office is required.
6.
All portable storage units shall be kept locked when not in use.
7.
In the event of storm warnings, portable storage units must be removed
from the premises immediately.
8.
It shall be the responsibility of the property owner to maintain
the portable storage unit and keep the unit clean, safe, and free
of graffiti.
c.
Exceptions; Permits.
1.
Extension of time. The Borough's Code Enforcement Office may grant
one fifteen-day extension permit for the placement of a portable storage
unit in a residential district beyond 15 days, provided that the property
owner has demonstrated that extenuating circumstances exist to justify
such an extension. Such determination shall be made in the discretion
of the Code Enforcement Officer. Extenuating circumstances shall include,
but are not limited to, natural disasters, fire damage or any such
circumstances beyond the control of the property owner.
2.
Validity. Permits under this subsection shall be valid for the period
specified on the permit from the date of issuance to the specific
name and approved location only.
3.
Fee Requirements. All initial applications for permits and requests
for extension of permits shall be accompanied by the appropriate fee
as set forth in paragraph d.
4.
Prohibitions.
(a)
Portable storage units shall not be allowed to be placed or
unloaded on any Borough street or right-of-way under any circumstances.
(b)
Placement of storage units on Borough streets and roadways is
prohibited.
(c)
No storage of living (or deceased) creatures of any kind.
(d)
No hazardous materials, firearms, illegal substances, construction
and/or demolition debris, business inventory, commercial goods.
d.
Fee Schedule.
Issuance: $25.
Extension beyond thirty-day permit: $25.
e.
Violations and Penalties. Any person who shall violate any of the provisions of this subsection shall, upon conviction, be subject to a fine of no less than $100 per violation, in accordance with the penalties as provided in Chapter I, Section 1-5 entitled "General Penalty." Each day of violation shall constitute a separate offense.
f.
All provisions of this subsection shall apply to all existing portable
storage units within the Borough of Sea Girt.
[Ord. No. 06-2017 § 4]
a.
CONSTRUCTION MATERIAL
DUMPSTER
Definition: For purposes of this section, the following definition
shall prevail:
Any material that is used in the construction of a structure
and its accessories.
Any container that has the ability to hold more than two
fifty-gallon trash cans of debris or any container used for the purpose
of holding construction debris.
b.
Regulation of Placement of Dumpster; Permit Required. No person or
company shall park any container, commonly known as a "roll-off dumpster:
or "roll-off container" for the collection of trash, debris or construction
material waste on or along a Borough roadway, private or public property,
without having obtained a permit from the Code Enforcement Officer
or his designee and paid the required fee.
1.
Not more than one dumpster at any one time shall be permitted upon
any construction site within the Borough of Sea Girt.
2.
When placed upon a construction site, the placement of any dumpster
must comply with the side and rear lot set back line requirements
in accordance with the applicable Borough Ordinance and shall be placed
no closer than five feet from any property line.
3.
When it is necessary to place a dumpster upon Borough streets, prior
permission must be obtained at least five working days in advance
before placement of the container to allow inspection of site on the
roadway by the Code Enforcement Officer or his designee and the Police
Department. In addition, a suitable matting or cover shall be placed
upon the surface of the roadway underneath said dumpster or container
to minimize damage. Under no circumstances shall a dumpster or container
be placed directly on the asphalt surface of the roadway.
4.
Any person given permission to place a dumpster or container on the
roadway shall deposit a maintenance bond in the form of a certified
or cashier's check in the amount of $1,000 with the Borough. The Zoning
Official, after consultation with the Police Department and the Department
of Public Works, will then determine if the placement of said dumpster
has caused any damage to the roadway. The cost of the repair will
be deducted from the maintenance bond, and if it exceeds said amount,
the permit holder will be responsible for the excess.
5.
A dumpster or container placed on a Borough street may remain in
the approved location for not more than 48 consecutive hours.
6.
A valid permit from the Code Enforcement Officer is required.
7.
All debris placed in the dumpster shall be contained below the top
rim of said dumpster.
8.
All dumpsters shall be kept covered in compliance with stormwater
regulations adopted by the State of New Jersey, County of Monmouth
or the Borough of Sea Girt.
9.
In the event of storm warnings and upon notification by the Borough
of Sea Girt Police Department, dumpsters must be removed from the
premises immediately.
10.
It shall be the responsibility of the property owner to maintain
the dumpster and keep the unit clean, safe, and free of graffiti.
c.
Markers and Warning Devices.
To warn the operators of vehicles of the presence of any roll-off
dumpster or roll-off container parked on or adjacent to any roadway,
dumpsters or containers shall be equipped with and display markers
consisting of all red and yellow reflective diamond- shaped panels
having a minimum size of 18 inches by 19 inches. These panels shall
be mounted at the edge of the dumpster or container at both ends nearest
the path of passing vehicles and facing the direction of oncoming
traffic. These markers shall have a minimum mounting height of three
feet from the bottom of the panels to the surface of the roadway.
In addition, traffic cones will be placed around the container. Additionally,
each dumpster or container will be marked with reflective tape, at
least six square inches in size, located along the top of each side
and between 36 and 48 inches above the bottom of the dumpster on each
corner of the dumpster.
d.
Container Identification.
Containers must be properly labeled with the name, address and
telephone number of the company supplying the container.
e.
Exceptions; Permits.
f.
Fee Schedule.
Issuance: $100.
h.
Failure to Remove; Removal by Borough; Cost to Be Lien.
1.
If the dumpster or other container for the collection of trash, debris
or construction material waste is not removed from private property
within 10 days of the completion of the project, the Code Enforcement
Official shall notify the owner that he has 10 days in which to have
the dumpster removed from the premises. In the event the owner fails
to comply and the dumpster or container is not removed, it shall be
deemed to have been abandoned and the Code Enforcement Official may
arrange for its removal and the disposal of the contents of the abandoned
dumpster or other container for the collection of trash, debris or
construction material waste. Any trash, debris or construction material
in the dumpster shall be presumed to have been from the subject property.
The costs associated with removal of the dumpster and the disposal
of its contents shall be a municipal lien against the property. A
detailed statement of the aforesaid costs shall be certified by the
Code Enforcement Official and forwarded to the Borough Council who
shall examine the certificate and, if found correct, shall cause the
same to be filed with the Tax Collector of the Borough and a copy
of the detailed statement shall be immediately forwarded to the property
owner by registered mail. This amount shall be charged against the
land and shall forthwith become a lien upon the land and shall be
added to and become and form part of the taxes next to be assessed
and levied upon the land and to bear interest at the same rate as
taxes and be collected and enforced by the same officers and in the
same manner as taxes, all as provided by the provisions of the statutes
of the State of New Jersey in such case made and provided.
2.
In the case of a dumpster or container placed upon a roadway is not
removed at the expiration of the permit, the maintenance bond shall
be forfeited and become the property of the Borough of Sea Girt.
[Ord. No. 17-2018; Repealed
by Ord. No. 19-2018]
[Ord. #579, A VI, § 1]
Any parcel of land with a lot depth or lot area less than that
required by this chapter may be used as a lot for any purpose permitted
in that District provided that:
a.
The parcel of land was under one ownership at the date of adoption
of this chapter and all prior Zoning regulations of the Borough.
b.
The owner does not own any contiguous land which when combined with
the subject parcel would result in a greater parcel complying with
the terms of this chapter.
c.
The parcel was either created by a subdivision duly approved prior
to the effective date of this chapter or is described on a map entitled
"Map of Sea Girt, Sincerbeaux, Moore & Shinn, July 1927."
d.
All other requirements of this chapter and all prior Zoning regulations
of the Borough are complied with.
[Ord. #579, A VI, § 2]
When more than 50% of the street frontage in any block is developed,
the required front yard for any building to be erected shall have
a depth not less than the average depth of the front yards of all
existing buildings in the block, but in no case shall the setback
requirement be greater than 40 feet.
[Ord. #579, A VII, § 1; Ord. #755, § 13;
Ord. #02-2006, § 1; Ord. No. 17-2017; Ord. No. 02-2018]
Zoning permits shall hereafter be secured from the Zoning Officer
prior to the issuance of a Building Permit for construction, erection
or alteration of any structure or land. Prior to issuing a Zoning
Permit, the Zoning Officer shall ascertain that all conditions and
prerequisites of the Zoning Ordinance will be met. The survey submitted
as part of these prerequisites shall note the elevation above sea
level of the center of the front setback line. Zoning Permits shall
expire one year after issuance if the use or substantial construction
has not commenced.
a.
Schedule of Application Fees for review of initial plan submission
and one subsequent plan review, if necessary:
1.
New structures or additions exceeding 750 square feet in area: $0.75
per square foot, maximum fee of $3,000.
2.
(a)
Engineering Review Escrow for new structures or additions from
750 square feet through 2,499 square feet, inclusive (unexpended balance
of escrow to be refunded): $1,500.
(b)
Engineering Review Escrow for new structures or additions 2,500
square feet or greater (unexpended balance of escrow to be refunded):
$3,000.
3.
Pools: $1,000.
4.
Engineering Review Fee for pools, escrow, unexpended balance refunded
to property owner: $1,500.
5.
Additions and renovations under 750 square feet (including garages
and additional accessory structures): $750.
6.
Incidental structures (includes sheds, driveways, sidewalks, walkways,
patios, hardscape, trellis, arbors, colonnades, fences, and line walls
and similar structures, as determined by Zoning Official): $250.
7.
Plan review, three or more submissions; fees shall not exceed the
fee for the initial submission: $500 each.
b.
Annual Permit and Fee Required in conjunction with new construction
and construction of additions over 750 square feet in area on property
accessed from the unpaved roads in the Borough, that is, The Terrace
west of First Avenue to Fifth Avenue and Carriage Way from Trenton
to Philadelphia Boulevards: $5,000, payable each year.
1.
Permits will be valid for one year from date of issue and must be
renewed annually no less than 30 days prior to the expiration of the
current permit and until a final Certificate of Occupancy is received
from the Construction Office.
2.
The proceeds of all permit fees collected by the Borough pursuant
to paragraph b above will be reserved for future maintenance of the
unpaved roads.
[Ord. #579, A VII, § 2]
Building permits shall hereafter be secured from the Construction
Official prior to the construction, erection or alteration of any
structure, but only after a zoning permit has first been secured from
the Zoning Officer. Prior to issuing a building permit, the Construction
Official shall ascertain that all conditions and requirements of the
State Uniform Construction Code will be met. Building permits shall
expire one year after issuance if substantial construction has not
been commenced. A fee in the amount indicated in the State Uniform
Construction Code shall accompany each application for a building
permit.
[Ord. #579, A VII, § 3]
It shall be unlawful to use or permit the use of any structure
or premises or part thereof hereafter created, located, erected, changed,
converted or enlarged, wholly or partly, until a Certificate of Occupancy
has been issued by the Construction Official certifying compliance
with all provisions of the State Uniform Construction Code, or requirements
of the Planning Board, and any conditions previously imposed by the
Planning Board or Board of Adjustment.
No Certificate of Occupancy shall be issued by the Construction
Official until endorsed by the Zoning Officer certifying that the
completed construction, building or development complies with the
requirements of this chapter, the requirements of the Board of Adjustment
and/or Planning Board, if applicable. Prior to such endorsement, the
Zoning Officer shall have been provided by the owner at the time of
the foundation inspection, with a location survey, made and dated
at the time of the foundation inspection. The survey shall clearly
show all of the work to be done and the Construction Official at his
discretion may require additional surveys.
[Ord. #579, A VII, § 4]
The provisions of this section shall be administered and enforced
by the Zoning Officer and Construction Official. It shall also be
the duty of the Police Department and the Fire Department to report
any violations of the provisions of this section in writing to the
Zoning Officer and, at the same time, send a copy of such report to
the Borough Clerk. It shall be the duty of the Zoning Officer and
Construction Official upon the filing with either of them of an application
for a zoning permit or Certificate of Occupancy for any structure
or use which does not conform with all provisions of this section,
to notify the applicant in writing to that effect, stating in what
respect such structure or use is nonconforming.
(Reserved)
[1]
Editor's Note: For the establishment of the Planning Board
and dissolution of the Zoning Board of Adjustment, see Chapter XV,
Land Use Procedures.
[Ord. #579, A IX, § 1; New: Ord.
No. 947; Ord. No. 15-2014; Ord. No. 13-2015]
Any person who violates any provision of this chapter shall, upon conviction, for each and every violation be subject to the penalties stated in Section 15-6, Land Use Volume General Penalty.
[Ord. #579, A X, § 1]
This chapter may be amended in accordance with the New Jersey
Municipal Land Use Law, Sections 40:55D-1 through 40:55D-99. In the
event of conflict between the provisions of this chapter and the case
and statutory law of New Jersey, the latter shall be applied.
[Ord. #2007-02 § 17-11.1; Ord. #16-2008 § 17-11.1;
amended 10-14-2020 by Ord. No. 14-2020]
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. Green infrastructure BMPs and LID should be developed
based upon physical site conditions and the origin, nature and the
anticipated quantity, or amount, of potential pollutants. Multiple
stormwater management BMPs may be necessary to achieve the established
performance standards for water quality, quantity, and groundwater
recharge.
b.
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development," as defined below in § 17-11.2.
c.
d.
Compatibility with Other Permit and Ordinance Requirements.
1.
Development approvals issued pursuant to this section 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 section
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare.
2.
This section is not intended to interfere with, abrogate, or annul
any other ordinances, rule or regulation, statute, or other provision
of law except that, where any provision of this section imposes restrictions
different from those imposed by any other ordinance, rule or regulation,
or other provision of law, the more restrictive provisions or higher
standards shall control.
[Ord. #2007-02 § 17-11.2; Ord. #16-2008 § 17-11.2;
amended 10-14-2020 by Ord. No. 14-2020]
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory. The definitions below are the same as or
based on the corresponding definitions in the Stormwater Management
Rules at N.J.A.C. 7:8-1.2.
Those areas with boundaries incorporated by reference or
revised by the Department in accordance with N.J.A.C. 7:7-13.16.
The map used by the Department to identify the location of
Coastal Planning Areas, CAFRA centers, CAFRA cores, and CAFRA nodes.
The CAFRA Planning Map is available on the Department's geographic
information system (GIS).
An infiltration system, sand filter designed to infiltrate,
standard constructed wetland, or wet pond, established in accordance
with N.J.A.C. 7:8-4.2(c)14, that is designed and constructed in accordance
with the New Jersey Stormwater Best Management Practices Manual, or
an alternate design, approved in accordance with N.J.A.C. 7:8-5.2(g),
for an infiltration system, sand filter designed to infiltrate, standard
constructed wetland, or wet pond and that complies with the requirements
of this section.
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 County Board of Chosen Freeholders
to review municipal stormwater management plans and implementing ordinance(s).
The county review agency may either be:
The 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 or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or structure, any mining
excavation or landfill, and any use or change in the use of any building
or other structure, or land or extension of use of land, 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 subwatershed, which is identified
by a fourteen-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 or more acres of land since February
2, 2004;
The creation of 1/4 acre or more of "regulated impervious surface"
since February 2, 2004;
The creation of 1/4 acre or more of "regulated motor vehicle
surface" since March 2, 2021; or
A combination of Subsection a2 and 3 above that totals an area
of 1/4 acre or more. The same surface shall not be counted twice when
determining if the combination area equals 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 a1, 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 section. The BMP Manual is periodically amended by the Department as necessary to provide design specifications on additional best management practices and new information on already included practices reflecting the best available current information regarding the particular practice and the Department's determination as to the ability of that best management practice to contribute to compliance with the standards contained in this section. Alternative stormwater management measures, removal rates, or calculation methods may be utilized, subject to any limitations specified in this section, provided the design engineer demonstrates to the municipality, in accordance with § 17-11.4f of this section and N.J.A.C. 7:8-5.2(g), that the proposed measure and its design will contribute to achievement of the design and performance standards established by this section.
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, 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 basin 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 nonstormwater 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 flood hazard area in which the flood elevation resulting
from the two-, ten-, or 100-year storm, as applicable, is governed
by tidal flooding from the Atlantic Ocean. Flooding in a tidal flood
hazard area may be contributed to, or influenced by, stormwater runoff
from inland areas, but the depth of flooding generated by the tidal
rise and fall of the Atlantic Ocean is greater than flooding from
any fluvial sources. In some situations, depending upon the extent
of the storm surge from a particular storm event, a flood hazard area
may be tidal in the 100-year storm, but fluvial in more frequent storm
events.
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-, ten-, 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
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as hydrophytic vegetation.
[Ord. #2007-02 § 17-11.3; Ord. #16-2008 § 17-11.3;
amended 10-14-2020 by Ord. No. 14-2020]
a.
Stormwater management measures for major development shall be designed
to provide erosion control, groundwater recharge, stormwater runoff
quantity control, and stormwater runoff quality treatment as follows:
1.
The minimum standards for erosion control are those established under
the Soil and Sediment Control Act, N.J.S.A. 4:24-39 et seq., and implementing
rules at N.J.A.C. 2:90.
2.
The minimum standards for groundwater recharge, stormwater quality,
and stormwater runoff quantity shall be met by incorporating green
infrastructure.
b.
The standards in this section apply only to new major development
and are intended to minimize the impact of stormwater runoff on water
quality and water quantity in receiving water bodies and maintain
groundwater recharge. The standards do not apply to new major development
to the extent that alternative design and performance standards are
applicable under a regional stormwater management plan or water quality
management plan adopted in accordance with Department rules.
[Ord. #2007-02 § 17-11.4; Ord. #16-2008 § 17-11.4;
amended 10-14-2020 by Ord. No. 14-2020]
a.
The development shall incorporate a maintenance plan for the stormwater management measures incorporated into the design of a major development in accordance with § 17-11.10.
b.
Stormwater management measures shall avoid adverse impacts of concentrated
flow on habitat for threatened and endangered species as documented
in the Department's Landscape Project or Natural Heritage Database
established under N.J.S.A. 13:1B-15.147 through 13:1B-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 § 17-11.4p, q and r:
1.
The construction of an underground utility line provided that the
disturbed areas are revegetated upon completion;
2.
The construction of an aboveground utility line provided that the
existing conditions are maintained to the maximum extent practicable;
and
3.
The construction of a public pedestrian access, such as a sidewalk
or trail with a maximum width of 14 feet, provided that the access
is made of permeable material.
d.
A waiver from strict compliance from the green infrastructure, groundwater recharge, stormwater runoff quality, and stormwater runoff quantity requirements of § 17-11.4o, p, q and r may be obtained for the enlargement of an existing public roadway or railroad; or the construction or enlargement of a public pedestrian access, provided that the following conditions are met:
1.
The applicant demonstrates that there is a public need for the project
that cannot be accomplished by any other means;
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 d3 above within the upstream drainage area of the receiving stream, that would provide additional opportunities to mitigate the requirements of § 17-11.4o, p, q and r 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 § 17-11.4o, p, q and r. When designed in accordance with the most current version of the New Jersey Stormwater Best Management Practices Manual, the stormwater management measures found at N.J.A.C. 7:8-5.2(f), Tables 5-1, 5-2 and 5-3, and listed below in Tables 1, 2 and 3 are presumed to be capable of providing stormwater controls for the design and performance standards as outlined in the tables below. Upon amendment of the New Jersey Stormwater Best Management Practices Manual 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 Register a notice of administrative change revising the applicable table. The most current version of the BMP Manual can be found on the Department's website at: https://njstormwater.org/bmp_manual2.htm.
f.
Where the BMP tables in the NJ Stormwater Management Rule are different
due to updates or amendments with the tables in this section, the
BMP Tables in the Stormwater Management Rule at N.J.A.C. 7:8-5.2(f)
shall take precedence.
|
Table 1
Green Infrastructure BMPs for Groundwater Recharge, Stormwater
Runoff Quality, and/or Stormwater Runoff Quantity
| ||||
|---|---|---|---|---|
|
Best Management Practice
|
Stormwater Runoff Quality TSS Removal Rate
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Cistern
|
0
|
Yes
|
No
|
—
|
|
Dry well(a)
|
0
|
No
|
Yes
|
2
|
|
Grass swale
|
50 or less
|
No
|
No
|
2(e)
1(f)
|
|
Green roof
|
0
|
Yes
|
No
|
—
|
|
Manufactured treatment device(a) (g)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Pervious paving system(a)
|
80
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale bioretention basin(a)
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Small-scale infiltration basin(a)
|
80
|
Yes
|
Yes
|
2
|
|
Small-scale sand filter
|
80
|
Yes
|
Yes
|
2
|
|
Vegetative filter strip
|
60 to 80
|
No
|
No
|
—
|
|
(Notes corresponding to annotations (a) through (g) follow 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
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Bioretention system
|
80 or 90
|
Yes
|
Yes(b)
No(c)
|
2(b)
1(c)
|
|
Infiltration basin
|
80
|
Yes
|
Yes
|
2
|
|
Sand filter(b)
|
80
|
Yes
|
Yes
|
2
|
|
Standard constructed wetland
|
90
|
Yes
|
No
|
N/A
|
|
Wet pond(d)
|
50 to 90
|
Yes
|
No
|
N/A
|
|
(Notes corresponding to annotations (b) through (d) follow 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
(percent)
|
Stormwater Runoff Quantity
|
Groundwater Recharge
|
Minimum Separation from Seasonal High Water Table
(feet)
|
|
Blue roof
|
0
|
Yes
|
No
|
N/A
|
|
Extended detention basin
|
40-60
|
Yes
|
No
|
1
|
|
Manufactured treatment device(h)
|
50 or 80
|
No
|
No
|
Dependent upon the device
|
|
Sand filter(c)
|
80
|
Yes
|
No
|
1
|
|
Subsurface gravel wetland
|
90
|
No
|
No
|
1
|
|
Wet pond
|
50 to 90
|
Yes
|
No
|
N/A
|
|
Notes to Tables 1, 2, and 3:
| |
|
(a)
|
Subject to the applicable contributory drainage area limitation specified at § 17-11.4o2;
|
|
(b)
|
Designed to infiltrate into the subsoil;
|
|
(c)
|
Designed with underdrains;
|
|
(d)
|
Designed to maintain at least a ten-foot-wide area of native
vegetation along at least 50% of the shoreline and to include a stormwater
runoff retention component designed to capture stormwater runoff for
beneficial reuse, such as irrigation;
|
|
(e)
|
Designed with a slope of less than 2%;
|
|
(f)
|
Designed with a slope of equal to or greater than 2%;
|
|
(g)
|
Manufactured treatment devices that meet the definition of "green infrastructure" at § 17-11.2;
|
|
(h)
|
Manufactured treatment devices that do not meet the definition of "green infrastructure" at § 17-11.2.
|
g.
An alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate may be used if the design engineer demonstrates the capability of the proposed alternative stormwater management measure and/or the validity of the alternative rate or method to the municipality. A copy of any approved alternative stormwater management measure, alternative removal rate, and/or alternative method to calculate the removal rate shall be provided to the Department in accordance with § 17-11.6b. Alternative stormwater management measures may be used to satisfy the requirements at § 17-11.6o only if the measures meet the definition of green infrastructure at § 17-11.2. Alternative stormwater management measures that function in a similar manner to a BMP listed at Subsection o2 are subject to the contributory drainage area limitation specified at Subsection o2 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 o2 shall have a contributory drainage area less than or equal to 2.5 acres, except for alternative stormwater management measures that function similarly to cisterns, grass swales, green roofs, standard constructed wetlands, vegetative filter strips, and wet ponds, which are not subject to a contributory drainage area limitation. Alternative measures that function similarly to standard constructed wetlands or wet ponds shall not be used for compliance with the stormwater runoff quality standard unless a variance in accordance with N.J.A.C. 7:8-4.6 or a waiver from strict compliance in accordance with § 17-11.4d is granted from § 17-11.4o.
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 1/3 the width of the diameter of the orifice or 1/3 the width of the weir, with a minimum spacing between bars of one inch and a maximum spacing between bars of six inches. In addition, the design of trash racks must comply with the requirements of § 17-11.8c;
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 § 17-11.8; and
5.
The size of the orifice at the intake to the outlet from the stormwater
management BMP shall be a minimum of 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 § 17-11.2 may be used only under the circumstances described at § 17-11.4o4.
k.
Any application for a new agricultural development that meets the definition of major development at § 17-11.2 shall be submitted to the Soil Conservation District for review and approval in accordance with the requirements at § 17-11.4o, p, q and r and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control. For purposes of this subsection, "agricultural development" means land uses normally associated with the production of food, fiber, and livestock for sale. Such uses do not include the development of land for the processing or sale of food and the manufacture of agriculturally related products.
l.
If there is more than one drainage area, the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 17-11.4p, q and r shall be met in each drainage area, unless the runoff from the drainage areas converge on site 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 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 § 17-11.4o, p, q and r and shall identify the location of the stormwater management measure(s) in NAD 1983 State Plane New Jersey FIPS 2900 US feet or latitude and longitude in decimal degrees. The deed notice shall also reference the maintenance plan required to be recorded upon the deed pursuant to § 17-11.10b5. Prior to the commencement of construction, proof that the above-required deed notice has been filed shall be submitted to the municipality. Proof that the required information has been recorded on the deed shall be in the form of either a copy of the complete recorded document or a receipt from the clerk or other proof of recordation provided by the recording office. However, if the initial proof provided to the municipality is not a copy of the complete recorded document, a copy of the complete recorded document shall be provided to the municipality within 180 calendar days of the authorization granted by the municipality.
n.
A stormwater management measure approved under the municipal stormwater management plan or ordinance may be altered or replaced with the approval of the municipality, if the municipality determines that the proposed alteration or replacement meets the design and performance standards pursuant to § 17-11.4 of this section and provides the same level of stormwater management as the previously approved stormwater management measure that is being altered or replaced. If an alteration or replacement is approved, a revised deed notice shall be submitted to the municipality for approval and subsequently recorded with the Office of the 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 m 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 m 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 § 17-11.4p and q, the design engineer shall utilize green infrastructure BMPs identified in Table 1 at § 17.11.4f and/or an alternative stormwater management measure approved in accordance with § 17-11.4g. The following green infrastructure BMPs are subject to the following maximum contributory drainage area limitations:
|
Best Management Practice
|
Maximum Contributory Drainage Area
|
|---|---|
|
Dry well
|
1 acre
|
|
Manufactured treatment device
|
2.5 acres
|
|
Pervious pavement systems
|
Area of additional inflow cannot exceed 3 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 § 17-11.4d is granted from the requirements of this subsection, then BMPs from Table 1, 2, or 3, and/or an alternative stormwater management measure approved in accordance with § 17-11.4g may be used to meet the groundwater recharge, stormwater runoff quality, and stormwater runoff quantity standards at § 17-11.4p, q and r.
5.
For separate or combined storm sewer improvement projects, such as sewer separation, undertaken by a government agency or public utility (for example, a sewerage company), the requirements of this subsection shall only apply to areas owned in fee simple by the government agency or utility, and areas within a right-of-way or easement held or controlled by the government agency or utility; the entity shall not be required to obtain additional property or property rights to fully satisfy the requirements of this subsection. Regardless of the amount of area of a separate or combined storm sewer improvement project subject to the green infrastructure requirements of this subsection, each project shall fully comply with the applicable groundwater recharge, stormwater runoff quality control, and stormwater runoff quantity standards at § 17-11.4p, q and r unless the project is granted a waiver from strict compliance in accordance with § 17-11.4d.
p.
Groundwater Recharge Standards.
1.
This subsection contains the minimum design and performance standards
for groundwater recharge as follows.
2.
The design engineer shall, using the assumptions and factors for stormwater runoff and groundwater recharge calculations at § 17-11.5, either:
(a)
Demonstrate through hydrologic and hydraulic analysis that the
site and its stormwater management measures maintain 100% of the average
annual pre-construction groundwater recharge volume for the site;
or
(b)
Demonstrate through hydrologic and hydraulic analysis that the
increase of stormwater runoff volume from pre-construction to post-construction
for the two-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 p4 below.
4.
The following types of stormwater shall not be recharged:
(a)
Stormwater from areas of high pollutant loading. High pollutant
loading areas are areas in industrial and commercial developments
where solvents and/or petroleum products are loaded/unloaded, stored,
or applied, areas where pesticides are loaded/unloaded or stored;
areas where hazardous materials are expected to be present in greater
than "reportable quantities" as defined by the United States Environmental
Protection Agency (EPA) at 40 CFR 302.4; areas where recharge would
be inconsistent with a Department-approved remedial action work plan
or landfill closure plan and areas with high risks for spills of toxic
materials, such as gas stations and vehicle maintenance facilities;
and
(b)
Industrial stormwater exposed to "source material." "Source
material" means any material(s) or machinery, located at an industrial
facility, that is directly or indirectly related to process, manufacturing
or other industrial activities, which could be a source of pollutants
in any industrial stormwater discharge to groundwater. Source materials
include, but are not limited to, raw materials; intermediate products;
final products; waste materials; by-products; industrial machinery
and fuels, and lubricants, solvents, and detergents that are related
to process, manufacturing, or other industrial activities that are
exposed to stormwater.
q.
Stormwater Runoff Quality Standards.
1.
This subsection contains the minimum design and performance standards
to control stormwater runoff quality impacts of major development.
Stormwater runoff quality standards are applicable when the major
development results in an increase of 1/4 acre or more of regulated
motor vehicle surface.
2.
Stormwater management measures shall be designed to reduce the post-construction
load of total suspended solids (TSS) in stormwater runoff generated
from the water quality design storm as follows:
(a)
Eighty percent TSS removal of the anticipated load, expressed
as an annual average, shall be achieved for the stormwater runoff
from the net increase of motor vehicle surface.
(b)
If the surface is considered regulated motor vehicle surface
because the water quality treatment for an area of motor vehicle surface
that is currently receiving water quality treatment either by vegetation
or soil, by an existing stormwater management measure, or by treatment
at a wastewater treatment plant is to be modified or removed, the
project shall maintain or increase the existing TSS removal of the
anticipated load expressed as an annual average.
3.
The requirement to reduce TSS does not apply to any stormwater runoff in a discharge regulated under a numeric effluent limitation for TSS imposed under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules, N.J.A.C. 7:14A, or in a discharge specifically exempt under a NJPDES permit from this requirement. Every major development, including any that discharge into a combined sewer system, shall comply with Subsection q2 above, unless the major development is itself subject to a NJPDES permit with a numeric effluent limitation for TSS or the NJPDES permit to which the major development is subject exempts the development from a numeric effluent limitation for TSS.
4.
The water quality design storm is 1.25 inches of rainfall in two
hours. Water quality calculations shall take into account the distribution
of rain from the water quality design storm, as reflected in Table
4, below. The calculation of the volume of runoff may take into account
the implementation of stormwater management measures.
|
Table 4 - Water Quality Design Storm Distribution
| |||||
|---|---|---|---|---|---|
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
Time
(Minutes)
|
Cumulative Rainfall
(Inches)
|
|
1
|
0.00166
|
41
|
0.1728
|
81
|
1.0906
|
|
2
|
0.00332
|
42
|
0.1796
|
82
|
1.0972
|
|
3
|
0.00498
|
43
|
0.1864
|
83
|
1.1038
|
|
4
|
0.00664
|
44
|
0.1932
|
84
|
1.1104
|
|
5
|
0.00830
|
45
|
0.2000
|
85
|
1.1170
|
|
6
|
0.00996
|
46
|
0.2117
|
86
|
1.1236
|
|
7
|
0.01162
|
47
|
0.2233
|
87
|
1.1302
|
|
8
|
0.01328
|
48
|
0.2350
|
88
|
1.1368
|
|
9
|
0.01494
|
49
|
0.2466
|
89
|
1.1434
|
|
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
|
5.
If more than one BMP in series is necessary to achieve the required
80% TSS reduction for a site, the applicant shall utilize the following
formula to calculate TSS reduction:
|
R = A + B - (A x B)/100
|
|
Where:
| ||
|
R
|
=
|
total TSS percent load removal from application of both BMPs.
|
|
A
|
=
|
the TSS percent removal rate applicable to the first BMP.
|
|
B
|
=
|
the TSS percent removal rate applicable to the second BMP.
|
6.
Stormwater management measures shall also be designed to reduce, to the maximum extent feasible, the post-construction nutrient load of the anticipated load from the developed site in stormwater runoff generated from the water quality design storm. In achieving reduction of nutrients to the maximum extent feasible, the design of the site shall include green infrastructure BMPs that optimize nutrient removal while still achieving the performance standards in § 17-11.4p, q and r.
7.
In accordance with the definition of FW1 at N.J.A.C. 7:9B-1.4, stormwater
management measures shall be designed to prevent any increase in stormwater
runoff to waters classified as FW1.
8.
The Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-4.1(c)1
establish 300-foot riparian zones along Category One waters, as designated
in the Surface Water Quality Standards at N.J.A.C. 7:9B, and certain
upstream tributaries to Category One waters. A person shall not undertake
a major development that is located within or discharges into a 300-foot
riparian zone without prior authorization from the Department under
N.J.A.C. 7:13.
9.
Pursuant to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13-11.2(j)3.i,
runoff from the water quality design storm that is discharged within
a 300-foot riparian zone shall be treated in accordance with this
subsection to reduce the post-construction load of total suspended
solids by 95% of the anticipated load from the developed site, expressed
as an annual average.
10.
The stormwater runoff quality standards do not apply to the construction
of one individual single-family dwelling, provided that it is not
part of a larger development or subdivision that has received preliminary
or final site plan approval prior to December 3, 2018, and that the
motor vehicle surfaces are made of permeable material(s) such as gravel,
dirt, and/or shells.
r.
Stormwater Runoff Quantity Standards.
1.
This subsection contains the minimum design and performance standards
to control stormwater runoff quantity impacts of major development.
2.
In order to control stormwater runoff quantity impacts, the design engineer shall, using the assumptions and factors for stormwater runoff calculations at § 17-11.5, complete one of the following:
(a)
Demonstrate through hydrologic and hydraulic analysis that for
stormwater leaving the site, post-construction runoff hydrographs
for the two-, ten-, and 100-year storm events do not exceed, at any
point in time, the pre-construction runoff hydrographs for the same
storm events;
(b)
Demonstrate through hydrologic and hydraulic analysis that there
is no increase, as compared to the pre-construction condition, in
the peak runoff rates of stormwater leaving the site for the two-,
ten- and 100-year storm events and that the increased volume or change
in timing of stormwater runoff will not increase flood damage at or
downstream of the site. This analysis shall include the analysis of
impacts of existing land uses and projected land uses assuming full
development under existing zoning and land use ordinances in the drainage
area;
(c)
Design stormwater management measures so that the post-construction
peak runoff rates for the two-, ten-, and 100-year storm events are
50%, 75% and 80%, respectively, of the pre-construction peak runoff
rates. The percentages apply only to the post-construction stormwater
runoff that is attributable to the portion of the site on which the
proposed development or project is to be constructed; or
(d)
In tidal flood hazard areas, stormwater runoff quantity analysis in accordance with Subsection r2(a), (b) and (c) above is required unless the design engineer demonstrates through hydrologic and hydraulic analysis that the increased volume, change in timing, or increased rate of the stormwater runoff, or any combination of the three will not result in additional flood damage below the point of discharge of the major development. No analysis is required if the stormwater is discharged directly into any ocean, bay, inlet, or the reach of any watercourse between its confluence with an ocean, bay, or inlet and downstream of the first water control structure.
3.
The stormwater runoff quantity standards shall be applied at the
site's boundary to each abutting lot, roadway, watercourse, or receiving
storm sewer system.
[Ord. #2007-02 § 17-11.5; Ord. #16-2008 § 17-11.5;
amended 10-14-2020 by Ord. No. 14-2020]
a.
Stormwater runoff shall be calculated in accordance with the following:
1.
The design engineer shall calculate runoff using one of the following
methods:
(a)
The USDA Natural Resources Conservation Service (NRCS) methodology, including the NRCS Runoff Equation and Dimensionless Unit Hydrograph, as described in Chapters 7, 9, 10, 15 and 16 Part 630, Hydrology National Engineering Handbook, incorporated herein by reference as amended and supplemented. This methodology is additionally described in Technical Release 55 - Urban Hydrology for Small Watersheds (TR-55), dated June 1986, incorporated herein by reference as amended and supplemented. Information regarding the methodology is available from the Natural Resources Conservation Service website at: https://www.nrcs.usda.gov/Internet/FSE_DOCUMENTS/stelprdb1044171.pdf, or at United States Department of Agriculture Natural Resources Conservation Service, 220 Davison Avenue, Somerset, New Jersey 08873; or
(b)
The Rational Method for peak flow and the Modified Rational
Method for hydrograph computations. The Rational and Modified Rational
Methods are described in "Appendix A-9 Modified Rational Method" in
the Standards for Soil Erosion and Sediment Control in New Jersey,
January 2014. This document is available from the State Soil Conservation
Committee or any of the Soil Conservation Districts listed at N.J.A.C.
2:90-1.3(a)3. The location, address, and telephone number for each
Soil Conservation District is available from the State Soil Conservation
Committee, PO Box 330, Trenton, New Jersey 08625. The document is
also available at: http://www.nj.gov/agriculture/divisions/anr/pdf/2014NJSoilErosionControlStandardsComplete.pdf.
2.
For the purpose of calculating runoff coefficients and groundwater recharge, there is a presumption that the pre-construction condition of a site or portion thereof is a wooded land use with good hydrologic condition. The term "runoff coefficient" applies to both the NRCS methodology above at § 17-11.5a1(a) and the Rational and Modified Rational Methods at § 17-11.5a7(b). A runoff coefficient or a groundwater recharge land cover for an existing condition may be used on all or a portion of the site if the design engineer verifies that the hydrologic condition has existed on the site or portion of the site for at least five years without interruption prior to the time of application. If more than one land cover has existed on the site during the five years immediately prior to the time of application, the land cover with the lowest runoff potential shall be used for the computations. In addition, there is the presumption that the site is in good hydrologic condition (if the land use type is pasture, lawn, or park), with good cover (if the land use type is woods), or with good hydrologic condition and conservation treatment (if the land use type is cultivation).
3.
In computing pre-construction stormwater runoff, the design engineer
shall account for all significant land features and structures, such
as ponds, wetlands, depressions, hedgerows, or culverts, that may
reduce pre-construction stormwater runoff rates and volumes.
4.
In computing stormwater runoff from all design storms, the design
engineer shall consider the relative stormwater runoff rates and/or
volumes of pervious and impervious surfaces separately to accurately
compute the rates and volume of stormwater runoff from the site. To
calculate runoff from unconnected impervious cover, urban impervious
area modifications as described in the NRCS Technical Release 55 -
Urban Hydrology for Small Watersheds or other methods may be employed.
5.
If the invert of the outlet structure of a stormwater management
measure is below the flood hazard design flood elevation as defined
at N.J.A.C. 7:13, the design engineer shall take into account the
effects of tailwater in the design of structural stormwater management
measures.
b.
Groundwater recharge may be calculated in accordance with the following:
The New Jersey Geological Survey Report GSR-32, A Method for Evaluating
Groundwater-Recharge Areas in New Jersey, incorporated herein by reference
as amended and supplemented. Information regarding the methodology
is available from the New Jersey Stormwater Best Management Practices
Manual; at the New Jersey Geological and Water 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.
[Ord. #2007-02 § 17-11.6; Ord. #16-2008 § 17-11.7;
amended 10-14-2020 by Ord. No. 14-2020]
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.
[Ord. #2007-02 § 17-11.7; Ord. #16-2008 § 17-11.7;
amended 10-14-2020 by Ord. No. 14-2020]
a.
Site design features identified under § 17-11.4f above, or alternative designs in accordance with § 17-11.4g above, to prevent discharge of trash and debris from drainage systems shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see § 17-11.7a2 below.
1.
Design engineers shall use one of the following grates whenever they
use a grate in pavement or another ground surface to collect stormwater
from that surface into a storm drain or surface water body under that
grate:
(a)
The New Jersey Department of Transportation (NJDOT) bicycle
safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle
Compatible Roadways and Bikeways Planning and Design Guidelines; or
(b)
A different grate, if each individual clear space in that grate
has an area of no more than seven square inches, or is no greater
than 0.5 inch across the smallest dimension.
(1)
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater system floors used to collect stormwater from the surface
into a storm drain or surface water body.
(c)
For curb-opening inlets, including curb-opening inlets in combination
inlets, the clear space in that curb opening, or each individual clear
space if the curb opening has two or more clear spaces, shall have
an area of no more than seven square inches, or be no greater than
two inches across the smallest dimension.
2.
The standard in Subsection a1 above does not apply:
(a)
Where each individual clear space in the curb opening in existing
curb-opening inlet does not have an area of more than nine square
inches;
(b)
Where the municipality agrees that the standards would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets;
(c)
Where flows from the water quality design storm as specified
in N.J.A.C. 7:8 are conveyed through any device (e.g., end of pipe
netting facility, manufactured treatment device, or a catch basin
hood) that is designed, at a minimum, to prevent delivery of all solid
and floatable materials that could not pass through one of the following:
a rectangular space 4 5/8 inches long and 1 1/2 inches wide
(this option does not apply for outfall netting facilities); or a
bar screen having a bar spacing of 0.5 inch. Note that these exemptions
do not authorize any infringement of requirements in the Residential
Site Improvement Standards for bicycle safe grates in new residential
development [N.J.A.C. 5:21-4.18(b)2 and 7.4(b)1].
(d)
Where flows are conveyed through a trash rack that has parallel
bars with one-inch spacing between the bars, to the elevation of the
water quality design storm as specified in N.J.A.C. 7:8; or
(e)
Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is
an undertaking that constitutes an encroachment or will damage or
destroy the New Jersey Register listed historic property.
[Ord. #2007-02 § 17-11.8; Ord. #16-2008 § 17-11.8;
amended 10-14-2020 by Ord. No. 14-2020]
a.
This section sets forth requirements to protect public safety through
the proper design and operation of stormwater management basins. This
section applies to any new stormwater management basin.
b.
The provisions of this section are not intended to preempt more stringent municipal or county safety requirements for new or existing stormwater management basins. Municipal and county stormwater management plans and ordinances may, pursuant to their authority, require existing stormwater management basins to be retrofitted to meet one or more of the safety standards in § 17-11.8c1, 2 and 3 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 basins
to ensure proper functioning of the basins outlets in accordance with
the following:
(a)
The trash rack shall have parallel bars, with no greater than
six-inch spacing between the bars;
(b)
The trash rack shall be designed so as not to adversely affect
the hydraulic performance of the outlet pipe or structure;
(c)
The average velocity of flow through a clean trash rack is not
to exceed 2.5 feet per second under the full range of stage and discharge.
Velocity is to be computed on the basis of the net area of opening
through the rack; and
(d)
The trash rack shall be constructed of rigid, durable, and corrosion-resistant
material and designed to withstand a perpendicular live loading of
300 pounds per square foot.
2.
An overflow grate is designed to prevent obstruction of the overflow
structure. If an outlet structure has an overflow grate, such grate
shall meet the following requirements:
(a)
The overflow grate shall be secured to the outlet structure
but removable for emergencies and maintenance.
(b)
The overflow grate spacing shall be no less than two inches
across the smallest dimension.
(c)
The overflow grate shall be constructed and installed to be
rigid, durable, and corrosion-resistant, and shall be designed to
withstand a perpendicular live loading of 300 pounds per square foot.
3.
Stormwater management basins shall include escape provisions as follows:
(a)
If a stormwater management basin has an outlet structure, escape provisions shall be incorporated in or on the structure. Escape provisions include the installation of permanent ladders, steps, rungs, or other features that provide easily accessible means of egress from stormwater management basins. With the prior approval of the municipality pursuant to § 17-11.8c, a freestanding outlet structure may be exempted from this requirement;
(b)
Safety ledges shall be constructed on the slopes of all new stormwater management basins having a permanent pool of water deeper than 2 1/2 feet. Safety ledges shall be comprised of two steps. Each step shall be four to six feet in width. One step shall be located approximately 2 1/2 feet below the permanent water surface, and the second step shall be located one to 1 1/2 feet above the permanent water surface. See § 17-11.8e for an illustration of safety ledges in a stormwater management basin; and
(c)
In new stormwater management basins, the maximum interior slope
for an earthen dam, embankment, or berm shall not be steeper than
three horizontal to one vertical.
d.
Variance or Exemption from Safety Standard. A variance or exemption
from the safety standards for stormwater management basins may be
granted only upon a written finding by the municipality that the variance
or exemption will not constitute a threat to public safety.
e.
Safety Ledge Illustration.
|
Elevation View-Basin Safety Ledge Configuration
 |
[Ord. #2007-02 § 17-11.9; Ord. #16-2008 § 17-11.9;
amended 10-14-2020 by Ord. No. 14-2020]
a.
Submission of Site Development Stormwater Plan.
1.
Whenever an applicant seeks municipal approval of a development subject to this section, the applicant shall submit all of the required components of the Checklist for the site development stormwater plan at § 17-11.9c below as part of the submission of the application for approval.
2.
The applicant shall demonstrate that the project meets the standards
set forth in this section.
b.
Site Development Stormwater Plan Approval. The applicant's site development
project shall be reviewed as a part of the review process by the municipal
board or official from which municipal approval is sought. That municipal
board or official shall consult the municipality's review engineer
to determine if all of the checklist requirements have been satisfied
and to determine if the project meets the standards set forth in this
section.
c.
Submission of Site Development Stormwater Plan. The following information
shall be required:
1.
Topographic Base Map. The reviewing engineer may require upstream
tributary drainage system information as necessary. It is recommended
that the topographic base map of the site be submitted which extends
a minimum of 200 feet beyond the limits of the proposed development,
at a scale of one inch equals 200 feet or greater, showing two-foot
contour intervals. The map as appropriate may indicate the following:
existing surface water drainage, shorelines, steep slopes, soils,
erodible soils, perennial or intermittent streams that drain into
or upstream of the Category One waters, wetlands and flood plains
along with their appropriate buffer strips, marshlands and other wetlands,
pervious or vegetative surfaces, existing man-made structures, roads,
bearing and distances of property lines, and significant natural and
man-made features not otherwise shown.
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 §§ 17-11.3 through 17-11.5 are being met. The focus of this plan shall be to describe how the site is being developed to meet the objective of controlling groundwater recharge, stormwater quality and stormwater quantity problems at the source by land management and source controls whenever possible.
5.
Stormwater Management Facilities Map. The following information,
illustrated on a map of the same scale as the topographic base map,
shall be included:
(a)
Total area to be disturbed, paved or built upon, proposed surface
contours, land area to be occupied by the stormwater management facilities
and the type of vegetation thereon, and details of the proposed plan
to control and dispose of stormwater.
(b)
Details of all stormwater management facility designs, during
and after construction, including discharge provisions, discharge
capacity for each outlet at different levels of detention and emergency
spillway provisions with maximum discharge capacity of each spillway.
6.
Calculations.
(a)
Comprehensive hydrologic and hydraulic design calculations for the pre-development and post-development conditions for the design storms specified in § 17-11.4 of this section.
(b)
When the proposed stormwater management control measures depend
on the hydrologic properties of soils or require certain separation
from the seasonal high water table, then a soils report shall be submitted.
The soils report shall be based on onsite boring logs or soil pit
profiles. The number and location of required soil borings or soil
pits shall be determined based on what is needed to determine the
suitability and distribution of soils present at the location of the
control measure.
7.
Maintenance and Repair Plan. The design and planning of the stormwater management facility shall meet the maintenance requirements of § 17-11.10.
8.
Waiver from Submission Requirements. The municipal official or board reviewing an application under this section may, in consultation with the municipality's review engineer, waive submission of any of the requirements in § 17-11.9c1 through 6 of this section when it can be demonstrated that the information requested is impossible to obtain or it would create a hardship on the applicant to obtain and its absence will not materially affect the review process.
[Ord. #16-2008 § 17-11.10; Ord.
No. 15-2014; Ord. No. 13-2015; amended 10-14-2020 by Ord. No. 14-2020]
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 New Jersey Stormwater Best Management Practices 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 § 17-11.10b3 above is not a public agency, the maintenance plan and any future revisions based on § 17-11.10b7 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 nonvegetated linings.
7.
The party responsible for maintenance identified under § 17-11.10b3 above shall perform all of the following requirements:
(a)
Maintain a detailed log of all preventative and corrective maintenance
for the structural stormwater management measures incorporated into
the design of the development, including a record of all inspections
and copies of all maintenance-related work orders;
(b)
Evaluate the effectiveness of the maintenance plan at least
once per year and adjust the plan and the deed as needed; and
(c)
Retain and make available, upon request by any public entity with administrative, health, environmental, or safety authority over the site, the maintenance plan and the documentation required by § 17-11.10b6 and 7 above.
8.
The requirements of § 17-11.10b3 and 4 do not apply to stormwater management facilities that are dedicated to and accepted by the municipality or another governmental agency, subject to all applicable municipal stormwater general permit conditions, as issued by the Department.
9.
In the event that the stormwater management facility becomes a danger
to public safety or public health, or if it is in need of maintenance
or repair, the municipality shall so notify the responsible person
in writing. Upon receipt of that notice, the responsible person shall
have 14 days to effect maintenance and repair of the facility in a
manner that is approved by the municipal engineer or his designee.
The municipality, in its discretion, may extend the time allowed for
effecting maintenance and repair for good cause. If the responsible
person fails or refuses to perform such maintenance and repair, the
municipality or county may immediately proceed to do so and shall
bill the cost thereof to the responsible person. 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.
[Ord. #2007-02 § 17-11.10; Ord. #16-2008 § 17-11.11;
amended 10-14-2020 by Ord. No. 14-2020]
Any person who erects, constructs, alters, repairs, converts, maintains, or uses any building, structure or land in violation of this section shall be subject to the penalties stated in § 15-6, Land Use Volume General Penalty.
[Ord. #2007-02 § 17-11.11; Ord. #16-2008 § 17-11.12;
amended 10-14-2020 by Ord. No. 14-2020]
Each section, subsection, sentence, clause and phrase of this
section is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this section to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this section.
[Ord. #2007-02 § 17-11.12; Ord. #16-2008 § 17-11.13;
amended 10-14-2020 by Ord. No. 14-2020]
This section shall be in full force and effect from and after
its adoption and any publication as required by law.
